Item 6A 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.
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