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Item 6B CC&RSection 3.3 Approval Process. Submission of Plans. Any party wishing to construct a Residence or any Structure on the Property shall submit one (1) copy of complete plans and specifications in 8'/2" X 11" size or no larger than 11" X 17" to the ACC for its approval prior to commencing construction. Such plans and specifications shall include - Engineered foundation design plan, - A detailed landscaping and outdoor lighting plan and description, Detailed lot grading plan, - Detailed fencing plan, - Tree preservation plan that shows all trees on the lot and which trees will be removed A site plan showing the location of all improvements on the lot and elevations, square footage of the living area, masonry percentage, roof pitch and floor plan showing garage area of the proposed Residence or Structure and the materials to be used in constructing the same, all in sufficient detail to enable the ACC to evaluate the proposed Structure or Residence. Section 3.4 Specific Construction Provisions. (a) Setbacks. All Residences and other Structures shall be constructed in conformity with the setback requirements of the appropriate government agency having jurisdiction over the same and the building lines reflected on the Plat. (b) Structure Size and Type. Each Residence shall have the minimum number of square feet of enclosed air - conditioned area as set forth by the appropriate government agency and as set forth herein: The total air - conditioned living area of the main residential structure constructed on each Lot, as measured to the outside of exterior walls but exclusive of open porches, garages, patios and detached accessory buildings, shall be as follows: The minimum livable square footage on all lots shall be 2,750 square feet with a minimum 60% on the 1 St floor with no Maximum square footage. Each Residence shall be of new construction on a Lot and no mobile homes or manufactured housing shall be permitted on the Property except on a temporary basis in connection with construction or sales activities. (c) Landscaping (1) General — A site plan showing the house locations and landscape plan must be submitted as a part of the plan approval process. Landscape plans must show existing areas to be left undisturbed, proposed planting areas, sodded areas and all tree locations both existing and proposed. Final plans must include a plant list that includes the botanical and common names, plant sizes and spacing. All landscaping required shall be installed by the Builder and must be installed by the earlier of either two weeks following the completion of a house or two weeks following change of ownership. Views from the roadways, lakes and amenities toward a landscaped yard should complement the appearance of the existing natural vegetation. All front, side and rear yard areas must be landscaped and should contain primarily native plants selected from the Recommended Tree and Plant List. A listing of the recommended plants is contained in Exhibit G. The existing native trees and shrubs may be trimmed or shaped to accent the landscape design. Native plants or trees or varieties which do well in the climatic zone of the site are required. ACC review of landscape plans will focus on plant selection. Ease of maintenance should be considered in the design of the landscape. (2) Lawns — St. Augustine species, Bermuda and Hybrid Varieties are suitable as a lawn. Buffalo grass is not allowed as a lawn grass. The ACC may require a specific grass variety for certain locations for consistency and visual continuity. Front and side yards on all lost shall be sodded. Rear yards shall be sodded a minimum of 4' around the perimeter. (Exception: All rear yards visible from common greens, and /or the golf course must be sodded.) No gravel or rock shall substitute as a ground cover, lawn or mulch. (3) Shrubs — Shrub masses can be sued to buffer intruding noises and views and screen private areas. All shrub plantings shall be massed in groupings of three or more plants. Formal hedge lines as a buffer device are acceptable. (4) Trees —A minimum of two shade trees are required to be planted on each lot. The number and size of trees required will vary with neighborhoods. See the appropriated neighborhood specific Streetscape Plan for details (Exception: existing lots with trees to remain.) Note: Removal of single trunk trees in excess of 4" in diameter or multi - trunk trees in excess of 6" in total diameter requires prior approval of the ACC. (Industry standard measurement shall apply: trees 6" caliper or smaller shall be measured 6" above natural grade. Trees larger than 6" caliper shall be measured 12" above natural grade.) (5) Irrigation — All landscaped areas shall be equipped with environmentally - friendly irrigation systems with rain sensors. The use of native and /or adapted plants to minimize water usage is encouraged. (d) Lot Grading. Owners shall not grade their property in a manner that interferes with the established drainage pattern over any property, except as approved in writing by the ACC. Owners should work with the natural contours and seek solutions that minimize the impact of grading with respect to major alterations of existing grades. Grading shall not extend onto adjacent properties without approval of the Owners of those adjacent properties. Berms, slopes and swales may be sued to define spaces, screen undesirable views, and reduce noise and high winds but should not exceed three (3) feet of horizontal distance to one foot of vertical height (3:1) slope). This will permit greater ease of mowing and general maintenance. Extensive cut /fill slopes are discouraged. Fill slopes shall not exceed 3:1. Cut slopes may be 3:1 if the soil's natural angle of repose allows. Terracing which utilizes retaining walls may be used where the space cannot accommodate the maximum slope, provided that retaining walls shall not exceed four (4) feet in height, with a minimum of five (5) feet between adjacent walls. Retaining wall locations are subject ACC approval. (e) Drive /Walkway Requirements. All driveways and sidewalks shall conform to applicable appropriate government agency and other governmental specifications and regulations. Sidewalks shall be installed by the builder and shall have a finish consistent with the driveway on the lot, unless approved otherwise by the ACC. All driveways and flat work above the R.O.W. line to be salt finished concrete with brick or rock outlining or inserts, stamped concrete, pavers or other material other than plain concrete or exposed aggregate to be approved by ACC prior to installation. Extension or expansion of driveways requires ACC approval prior to installation. The ACC shall not approve such extensions or expansions intended for side yard parking or vehicle storage. (f) Windows. Windows minimum — high quality vinyl windows, Jeld Wen or similar product to be used on home. (g) Orientation: No second floor view windows, at the rear of homes, shall face to the East, toward the adjacent existing homes in Southlake Woods. (h) Awnings and Overhangs. The use of awnings and overhangs requires ACC approval prior to installation. The materials and colors shall be the same or generally recognized as being complementary to the exterior of the building and will be attached directly to the structure without requiring supporting columns or poles. Neither metal nor plastic awnings will be permitted. (i) Decks & Balconies. ACC approval is required prior to the installation of a deck or balcony. Decks and balconies shall be constructed of wood or of a material similar to that of the residence and, if painted, shall be painted a color similar to or generally accepted as complementary to the residence. Decks and balconies shall be installed as an integral part of the residence. Any such decks or balconies shall be located so as not to obstruct or diminish the view from or create a nuisance for adjacent property owners. Construction shall not occur over easements and shall comply with the applicable Design Review procedures set forth in these CC & R's. Where the condition imposed by and provision of these Design Guidelines are less restrictive than comparable condition imposed by an appropriate government agency where permit requirement or building code or regulation, the more restrictive provision shall govern. Decks shall be no more than two (2) feet off the ground and shall be set back a minimum of five (5) feet from property lines. Views under decks shall be screened. (j) Patios. ACC approval is required for the construction of patio covers, open patios, and enclosed patios. Freestanding patio covers are acceptable, as approved, as are roof extensions (loggias). Patio covers and posts shall be constructed of wood or of a material generally recognized as complementary to the residence and shall be similar to or generally recognized as complementary in color to the exterior color of the residence. Open patios should be an integral part of the landscape plan and should be located so activities do not create a nuisance for adjacent property owners. The patio color shall be similar to or generally accepted as a color complementary to the color of the residence. Enclosed patios shall be constructed of materials that are similar to or generally accepted as complementary to those of the residence. (k) Painting /Repainting. ACC approval is required for any exterior painting or repainting of the home or its accessory improvements. The submittal shall contain the manufacturer's paint chips with name and code number. All exterior finishes should be in subdued earth tones such as gray, green, brown, muted blues or reds, or other similar colors. Generally, garage doors should be painted a muted color and blend with other colors of the home, as prescribed herein. Note: If painting home same or similar color ACC Approval is not required. (1) Alterations, Additions and Expansions ACC approval is required for any exterior alteration to, addition to, or expansion of a home. The architectural design and materials used in any and all exterior additions, alterations, or renovations shall conform to the original home's design intent with respect to style, detailing, and materials used in the initial construction, as prescribed herein. (m) Garage Requirements. Each Residence shall have at least a three car garage constructed as a part thereof. No more than one garage door shall face a residential street or any of the Common Properties unless approved in writing by the Architectural Control Committee. An example of the type of the exact type of door must be submitted to the ACC for approval prior to installation. (n) Accessory Structure Provisions. All ancillary Structures (as described below) shall conform to the requirements of this Section. ACC approval is required prior to construction of any accessory structure, including but not limited to sheds and permanently installed playhouses. Applications for accessory structures will be reviewed with regard to Lot size, setbacks, and primary building size. Accessory structures should serve as functional elements and enhance the aesthetic qualities and visual theme of RIDGEVIEW AT SOUTHLAKE. Accessory structures such as permanent storage sheds and gazebos shall be located in the rear yard or in a location not prominently visible from the street, and shall adhere to the standards herein. Storage sheds, and gazebos shall be architecturally compatible with the home. Accessory structures shall meet the following criteria: Accessory structures shall be of the same color, material, and architectural style as the main residence or of color, material, and style that is generally recognized as complementary to that of the main residence. An accessory structure's roofing materials shall match those of the main residence. Accessory structures shall be no larger than 8'x8', unless a variance is given Accessory structures shall conform to the side and rear yard setbacks and shall not unreasonably obstruct any adjacent neighbor's view. Carports (non -fully enclosed automobile shelters) are prohibited. (o) Antennae /Satellite Dishes. The erection, construction, placement or installation of any television, radio, or other electronic tower, serial, antenna, satellite dish or device of any type for the reception or transmission of radio or television broadcasts or for any means of communication upon a Lot or upon any improvement thereon is prohibited except as provided for herein. This prohibition shall not apply to those antennae specifically covered by 47 C.F.R. Part 1, Subpart S, Section 1.4000 (or any successor provision) promulgated pursuant to the Telecommunications Act of 1996, as amended from time to time. The ACC or the Declarant shall be empowered to adopt rules governing the types of antennae that are permissible hereunder and establishing reasonable, nondiscriminatory restrictions relating to safety, location and maintenance of antennae. All television antennas and other antennas and aerials shall be located inside the attic of the residence constructed on the Lot. Amateur radio towers and antennas (whether for reception or transmission) are specifically prohibited. No exterior television, radio or other antenna of any type shall be placed, allowed or maintained upon any Lot, Residence, or Structure without prior written approval and authorization of the AC Satellite dishes larger than one (1 meter in diameter are prohibited. The satellite dish or antenna shall be placed in the rear or side yard in such a manner that it is screened from view from adjacent streets and neighboring properties. (p) Fences and Walls. Fencing shall be of brick, stone, metal, cedar or a combination of same and require ACC approval. All fencing and pool barriers shall meet the City's Pool Code. (1) No fence, walk gate, driveway gate, wall or hedge shall be erected, placed or altered on any Lot without the prior written approval of the ACC and the design of and materials used in the construction of fences shall be subject to the prior written approval of the ACC. No fence, wall or hedge shall be erected, placed or altered on any Lot nearer to any street than the minimum building setback line indicated on the Plat, unless otherwise permitted by the ACC and in accordance with the requirements of the City. No fence may be installed upon any public sidewalk, Common Properties or pedestrian easement, unless approved by the ACC. (2) Front Yard Fencing. Fencing will be allowed to extend from the perimeter of a dwelling to the side or rear property lines, provided however such fence shall be set back at least ten feet (10') from the primary perimeter dwelling wall facing the street. All fences, walk gates and driveway gates facing the street on which the house fronts shall be of black ornamental iron per the specifications identified in the Fencing addendum attached hereto as Exhibit D and shall be constructed with brick or stone columns at the corners that are consistent and complimentary with the homes exterior. All fences, walk gates and driveway gates facing the Common Properties shall be of black ornamental iron per the specification identified in the Fencing Addendum attached hereto as Exhibit D with brick or stone columns at the corners that are consistent and complimentary with the homes exterior and require prior written approval of the ACC. All fencing shall be of construction identical to the type of construction used on the residence located on such Lot and no higher than six feet (6'). All air conditioning compressors, pool equipment, and other mechanical equipment shall be screened from public view. (3) Side and Rear Yard Fencing. Fences should be provided for privacy of yards and patios, screening of equipment and garbage containers in side and rear yards. Fencing between Lots shall be of ornamental iron or wood material, any wood fence shall be constructed of cedar material or better, has slats which are installed vertically only (not horizontally or diagonally), is no higher than six feet (6 "0, and stained with Ready Seal #015 Medium Brown only and in accordance with the specifications identified on Fencing Addendum attached hereto as Exhibit D. All side yard fences on corner lots that face a street or common area shall be of black ornamental iron per the specifications identified in the Fencing addendum attached hereto as Exhibit D and shall be constructed with brick or stone columns at the corners that are consistent and complimentary with the homes exterior and constructed within the side yard building line, unless otherwise approved by the ACC. All fences, walk gates and driveway gates facing the Common Properties shall be of black Ornamental iron per the specifications identified in the Fencing Addendum attached hereto as Exhibit D with brick or stone columns at the corners that are consistent and complimentary with the homes exterior. Driveway gates facing the side street on corner lots shall also be of black ornamental iron as specified in the Fencing Addendum attached hereto as Exhibit D with brick or stone columns and require prior written approval of the ACC. All fences visible to the street may be required to screen with shrubs and /or brick or stone columns per the direction of the ACC. (4) Fences are not permitted to block the flow of water on any drainage easements or adversely affect the drainage of the lot or any lot adjacent to it. Any fencing will have to be approved by the ACC. The ACC may, from time to time at its sole discretion, permit Owners to construct fences or walls, which are in variance with the provisions of the paragraph where, in the opinion of the ACC, the fence or wall is an integral part of the home. (q) Retaining Walls. Retaining walls, other than those constructed by the Declarant, require prior written approval by the ACC to ensure conformity with the requirements contained in any Design Guidelines with respect to location, construction, and materials. The Owner /Builder of the "high side" property shall be responsible for installation of side property line retaining walls. Retaining walls shall not exceed four (4) feet in height, unless engineered by a licensed engineer in the State of Texas, there shall be a minimum of five (5) feet between adjacent walls, and walls shall be located so as not to alter established drainage patterns. Except for those built by Declarant or its affiliates, any retaining walls either between Residences or along or adjacent to the side or rear property lines of Lots shall be constructed of masonry or stone materials unless the ACC has otherwise provided prior written approval. (r) Exterior Lighting. ACC approval is required prior to changing or adding exterior lighting. In reviewing lighting requests, the ACC will consider the visibility, style, location and quantity of the light fixtures. Landscape lighting fixtures shall be dark - colored so as to be less obtrusive and shall be as small in size as is reasonably practical. Exterior lighting shall not produce glare or direct illumination across a property line of an intensity that creates a nuisance or detracts from the use or enjoyment of adjacent property. Lighting for walkways generally should be directed toward the ground. (s) Rain Gutters. The use of rain gutters is required to capture all drainage coming off the roof. Section 3.5 Construction Materials. All construction materials shall conform to the following provisions: (a) Building Materials. Except to the extent a higher percentage is required by the Appropriate governmental agency, the total exterior wall area (as used herein the term "total exterior wall area" shall exclude windows, doors, porches and gables) of each building constructed or placed on a Lot shall be not less than 80 percent (80 %) brick, stone, Portland cement stucco, masonry or other material approved by the Declarant. All areas above the height of the top of the standard height first (1 floor are not excluded from the calculation of the total exterior wall area. All materials shall be subject to approval by the ACC in accordance with the provisions in any Design Guidelines as to aesthetic appearance and shall conform to any and all governmental agency ordinances. The following are specifically prohibited except with the express written consent of the ACC: - Metal structures such as sheds - Metal as a building skin - Mirrored glass - Exposed cinder block - Vinyl siding - Pressed Masonite Section 3.6 Height Restrictions. All Structures shall conform to the height restrictions of the governmental agency and shall not exceed two and one half (2 '/2) stories. Section 3.7 Roof Restrictions. All roofs shall have at least a 10:12 pitch on the main structure and on garage structures unless otherwise approved by the ACC. All roofing materials must be fireproof and conform to governmental agency requirements and are subject to ACC approval. Premium asphalt shingles shall be minimum of three -ply 35 -year dimensional architectural grade shingle, Atlas Pinnacle or equivalent is required. Lower pitch to be allowed for Mediterranean or Tuscany type architecture. Tile shingles or similar "hard" roofing material (samples and color to be approved by ACC in advance of construction) may be required of any Mediterranean or Tuscany type architecture. Section 4.1 Owner's Obligation to Maintain. Each Owner shall maintain its Lot and the Residence and other Structures thereon in a clean, first class condition. Each Owner shall regularly mow grass and maintain the landscaping on its Lot in good condition at all times. Each Owner shall maintain the exterior of all Residences and Structures in good condition and shall make such repairs and replacements as necessary to maintain good order and the aesthetic harmony of the Property. 1 c3 cl c� i ci �a rM iir Vt sizi; n 02 � IN