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The following is a section (ARTICLE VIII ARCHITECTURAL CONTROLS) of the: DECLARATION
OF COVENANTS AND RESTRICTIONS FOR WOODLAND TERRACE AT COUNTRY CREEK The
original document was Prepared by:
Joseph J.Weisenfeld, Attorney-At-Law Fourth Floor,
104 Crandon Boulevard Please
note the comments (in italics) from the Woodland Terrace Board. ARTICLE
VIII ARCHITECTURAL
CONTROLS
Section 8.1.
Plans. All
plans for construction of improvements on Lots, including the
proposed location thereof, construction materials, and outward
appearance including color and texture of exterior materials,
whether initial construction or changes or additions to an
existing improvement and
landscaping, shall require the approval in writing by the
Architectural Review Committee (“ARC”) before any work is
commenced. The ARC
shall consist of three (3) persons appointed by the Board of
Directors of the Subdivision Association who shall serve at the
pleasure of the Board of Directors. Any change in the outward
appearance of any improvement, including but not limited to
repainting the same in a different color, adding decorative
sculptures, wrought iron grills, or the like, shall also
require approval in writing by the ARC before any work is
commenced. Applies to ‘new”
landscaping, i.e. flower beds, shrubs, etc. No permission is
required if making changes to existing landscaping, i.e. changing
the type of flowers in an existing flower bed. This does not
apply to major construction, i.e. replacing a driveway.
Section 8.2
Duties of ARC.
The ARC shall approve or disapprove the plans for an
improvement within ten (10) days after the same is submitted to
it in proper form. If
the plans are not approved within such period, they shall be
deemed to have been disapproved.
The plans submitted to the ARC for approval shall include
all plans necessary for construction and shall meet the following
standards: 8.2.1
Be not less than 1/8”-1’ scale; The
ARC will be flexible
regarding
the size and scale of plans submitted as long as they clearly
depict the architectural change being requested.
8.2.2
Show the elevation of the ground
on
all sides of the proposed structure as
it will exist after grading; 8.2.3
Show the outlines of all foundations,
setbacks, trees (which must comply with the ordinances of
the City of Altamonte Springs), including the dimensions and the
species thereof, drives, fences, outbuildings, and garages,
existing and proposed; 8.2.4
Include a list of proposed materials and samples of
exterior materials and finishes which cannot be described to the
ARC’s satisfaction,
and; 8.2.5
Show the size and type of all plant stock in the
landscaping plan. The Developer and the ARC shall
not be responsible for defects
in plans or specifications or for defects in the improvements.
The ARC’s review of plans is limited solely to
appearance of the improvements and does not include compliance
with applicable building codes. The
ARC recommends that before homeowners begin construction, they
check with the City of Altamonte Springs to determine if a city
permit is required.
Section 8.3.
Design Criteria.
It is the Developer’s intent to create and maintain a
Subdivision in harmony with its surroundings and the natural
elements of the land. In
accordance with this
intent, the following materials will generally be acceptable,
subject to approval by the ARC in each specific application: (a)
textured stucco, (b) struck block on rear and sides, (c) wood
siding or simulated wood, (d) stone, brick or simulated brick,
(e) wood shakes, (f) asphalt or tile roofing in natural or
traditional, subdued tones, and (g) paint or stains in earth
tones or subdued colors. (compatibility,
conformity, consistency) A
list of approved house colors will be supplied to homeowners upon
request. Painting of homes does not require ARC approval as long
as the color remains the same. All changes to house colors
(including colors on the approved list) require ARC approval. Section
8.4. Structure
Criteria. 8.4.1
Air conditioners shall be screened so as not to be visible
from a front or side street adjacent to the Lot and to minimize
noise. 8.4.2
All outside radio and television antennas shall be
installed in such a way as not to be visible from the street.
If a master antenna or cable television is available to
the Subdivision, radio and television antennas will not be
permitted on any Lot; provided ARC may permit short wave and
other special antennas on the Lot. 8.4.3
All Plumbing and heating vents and roof ventilators
protruding from roofs shall be painted the same color as the
roof. 8.4.4
Swimming pools shall be permitted if Lot size permits the
same. However, the siting of the pool on the Lot must be approved
by the ARC prior to the construction. 8.4.5
There shall be no silver finish metal doors (including
glass sliding doors) or window of any kind on the front or sides
of any home; however, a factory painted anodized finish
may be used. The
color of such finish may be white, black, ivory, brown or other
natural earth tones.
8.4.6
No
fences without ARC approval shall constructed on any Lot. All
fences, including fences for backyards and swimming pools, and
shrub lines must be approved by the ARC prior to construction. No
fence shall be closer to any street adjacent to the Lot than is
the closest structural wall of the improvements situate on said
Lot. The ARC may
require that the composition and color of any fence be consistent
with fences around surrounding homes. A
fence may not protrude closer to a street than the walls of the
house. Inmost cased, this means a fence can be in the back yard
but not the front yard. The ARC may require that the comp0osition
and color of any fence be consistent and compatible with fences
around surrounding homes in the immediate area. Section
8.5
Miscellaneous Restrictions.
8.5.1
All Lots in the Subdivision
are residential parcels and shall be used
exclusively for single family residential
purposes. No structure, except as otherwise
provided, shall be erected, altered, placed or
permitted to remain on any Lot other than
one (1) detached single family residence
dwelling not to exceed two (2) stories and a
private garage for not more than three (3)
cars. Detached
auxiliary building, including
but not limited to dog houses, storage
buildings, play housed, or tree houses are not
permitted without prior approval of the
ARC. Outside clothes drying devices may
be installed, constructed, attached or
erected, provided said devices are
totally
screened or fenced in, and cannot be viewed
from any other Lot or Limited Common
Property, and further provided that same
may be installed, constructed, attached or
erected only in compliance with the other
Sections of this Article VIII. 8.5.2
All Lots, and any improvements placed thereon, shall at
all times be maintained in a neat and attractive condition and
landscaping shall be maintained substantially as shown on the
approved plans. In
order to implement effective control of this item, Developer
reserves the right for itself, its agents and the Subdivision
Association, after ten (10) days written notice to any Lot Owner,
to enter upon any Lot for the purpose of mowing, pruning,
removing, clearing or cutting underbrush, weeds or other
unsightly growth and trash which in the opinion of Developer or
the Subdivision Association detracts from the overall beauty and
safety of the Subdivision. Such
entrance upon such property for such purposes shall be only
between the hours of 7:00 a.m. and 6:00 p.m. on any day except
Sunday and shall not be a trespass.
Developer and the Subdivision Association may charge the
Owner the reasonable cost of such services, which charge shall
constitute a lien upon such Lot enforceable by appropriate
proceedings at law or equity.
The provisions of this Section shall not be construed as
an obligation on the part of Developer or the Subdivision
Association to mow, clear, cut or prune any Lot or to provide
garbage or trash removal services.
Trash, garbage or other waste shall not be kept on any Lot
except in sanitary containers or garbage compact units.
Garbage containers, if any, shall be kept in a clean and
sanitary condition , and shall be so placed or screened so as not
to be visible from any road or adjacent property within sight
distance of the Lot at any time except during refuse collection.
No outside burning of wood, leaves, trash, garbage or
household refuse shall be permitted. 8.5.3
No animals, except household pets, shall be kept on any
Lot. The number of
animals kept as pets (i.e., dogs, cats) shall not exceed three
(3) in any one household. Residents
shall not breed such animals as a hobby or for profit, and are
encouraged to have such animals neutered.
No animal shall be permitted off the Lot unless on a
leash. 8.5.4
All garages must have doors that are maintained in a
useful condition and are kept closed.
No garage shall be permanently enclosed or converted to
other usage without ARC approval. 8.5.5
No commercial activity shall be conducted on any Lot with
exception of the Developer’s real estate sales office. 8.5.6
No oil or natural gas drilling operations of any kind
shall be permitted upon any Lot and no derrick or other structure
designed for use in boring for oil or natural gas shall be
erected, maintained or permitted on any Lot, nor shall oil wells
or mineral excavations be permitted on any Lot. 8.5.7
All signs, billboards and advertising structures of any
kind are prohibited, except building and subcontractor
signs during construction periods, and one (1)
professional sign to advertise the property for sale during any
sale period. No
signs may be nailed or attached to trees.
Signs shall not exceed 2’ x 2’.
Private signs (which shall mean signs erected by all
parties other than Developer) shall be prohibited from being
placed on any road right-of-way or on Limited Common Property. 8.5.8
Each Owner of a Lot shall obtain and maintain in force a
policy of fire and other casualty insurance with coverage
adequate to cover the full cost of any repair or reconstruction
of the improvements on that Lot. In the event of damage of destruction by fire
or other casualty to the improvements on any Lot, the Owner
shall, upon receipt of the insurance proceeds, repair or rebuild
such damaged or destroyed improvement in good workmanlike manner
and in strict compliance with the original plans and
specifications and building layout of said improvement as
constructed by Developer, within a reasonable time not to exceed
one (1) year, and in accordance with the provisions of these
Covenants. All debris must be removed and the Lot
restored to a sightly condition
within sixty (60) days of such damage or construction. 8.5.9
No boat, boat trailer, house trailer, camper, recreational
vehicle or similar vehicle and not truck, van, or other vehicle
which exceeds one (1) ton capacity, shall be parked or stored on
any road, street, driveway, yard or Lot located in the
Subdivision for any period of time in excess of twenty-four (24)
hours, except in garages. Immobile
or unsightly vehicles, or vehicles under repair shall not be
allowed on any Lot within the Subdivision or on Limited Common
Property, except in an enclosed garage. 8.5.10
No trees of any species or any size may be removed from
any place in the Subdivision without the specific prior written
approval of the ARC. Violation
of this covenant shall result in the party so removing a tree
being obligated to replant within the Subdivision two (2) trees
of the same species and equal size for each tree removed without
the specified authorization, or two (2) trees of a different
species and a lesser size if
so approved by the ARC; provided, however, that the
minimum size of replacement tree shall be three inches (3”) in
diameter measured at a point to feet (2’) above the average
height of the ground at the base.
Each Owner, by the acceptance of a deed to his Lot, agrees
that the penalty for violation of this covenant shall apply to
his Lot if Said violation is done by himself, his family, his
agents, guests or invitees. Should the Owner or said violating party not
plant the required replacement trees, and the Subdivision
Association is so required to do, the cost of same shall be
payable to the Subdivision Association, and shall be a part of
the Assessments to which the Owner’s Lot is subject and shall
be due and payable in the same manner as annual Assessments
provided for the these Covenants. 8.5.11
No landscaping plan shall be changed or altered from the
original plan without the consent of the ARC.
Any landscaping plan changes or alternations submitted to
ARC shall provide for and include the following items: a.
A landscape scheme; b.
A list of all plant stock included in the scheme; and c.
The size of such stock at the time of planting. The
entire Lot, including that portion of the Lot between the street
pavement and the right-of-way line, shall be landscaped and
maintained. No
gravel, rocks, artificial turf, or other similar materials shall
be permitted as a substitute for a grass lawn.
It shall be the goal of the ARC in the approval of any
landscape plan and layout plan to preserve all existing trees
where possible. 8.5.12 No improvements shall be constructed in, nor any vegetation removed from, the Landscape and Drainage Easement, the Greenbelt, and Drainage Easement areas shown on the Subdivision Plat without prior written approval of the ARC. |
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