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Architectural Controls - Guidelines

Architectural Control Guidelines – Revised Spring 2010
Written for Westbury homeowners by Westbury homeowners

If you have a question not answered in the guidelines, feel free to contact one of the ARC members.

WHY DO WE HAVE ARCHITECTURAL GUIDELINES?
Dwellings that are well proportioned, composed for maximum effect and set properly in a well-planned development are an asset to the development community; an asset whose value is greater than it would be if it stood alone.

The Declaration of Protective Covenants for the Westbury Community Association, Inc. is agreed upon at time of closing in accordance with Georgia state law by all homeowners, as a condition to the closing of their home in the Westbury Community Association.  The covenants establish general criteria for architectural changes and property maintenance through the Architectural Guidelines. These guidelines are designed to interpret those criteria and, generally, to prevent excesses and abuses while allowing individuals flexibility in property use and keeping our community an attractive and desirable place which will conform to the covenants.


WHAT IS THE ARCHITECTURAL REVIEW COMMITTEE?
The Architectural Review Committee (ARC) seeks to ensure that maximum property values are maintained throughout the community while keeping the best interests of all homeowners in mind. Increased values, community pride, personal satisfaction are all driving influences behind the decision to establish an ARC for a subdivision.

One of the most effective methods of assuring the protection of the community, environment and individual property values is through the establishment of high standards of design review. In order to accomplish this objective, the ARC reviews applications and design documents for all construction and exterior changes. Each application is reviewed on its own merit with reasonable flexibility for design function and creativity. In compliance with article 6.7 the Declarant established the ARC, which has jurisdiction over architectural control with the community.  The ARC also consults with the Board on situations specifically not covered in the guidelines or the community covenants.

The ARC has an open door policy for homeowners who would like to participate.  The ARC shall include a minimum of three members and a maximum of nine members. Term of service will be for two years.


Each member of the ARC shall have an equal vote. The majority of all members of the ARC shall constitute a decision for approval or denial of an application.

ARC RESPONSIBILITIES:

 

  1. To establish architectural motifs and exterior design themes for all residential properties.
  2. To establish design standards and guidelines for the protection of enduring property values and provide the best possible safeguards for continuing appreciation.

 

  1. To review all applications for compliance with design criteria and with the declaration of covenants.

 

  1. To assure compatible architectural designs and harmonious relationships with neighboring properties and land uses.

 

  1. To require high standards of design and quality construction.

 

  1. To establish fees for the review of applications that require professional review.

 

  1. To amend design criteria as may be required, from time to time.

 

  1. To monitor violations of design criteria and take appropriate action to correct any violation.

 

  1. To contact applicants whose plans and specifications have been disapproved and to provide reasonable assistance and recommendations for adjustments to bring applications into compliance with criteria and covenants.

 

  1. To maintain copies of applications, design documents and related records.

 

  1. To inform members regarding activities of the ARC and changes in criteria as they may occur.

 


HOW DOES THE ARCHITECTURE REVIEW PROCESS WORK?


A resident wishing to make an exterior alteration must complete the Architectural Review Application Form and submit to the ARC for review. The ARC shall meet, as necessary, to review applications received within 30 days of receipt. If a longer period is needed, the applicant will be informed within 15 days of submission. After completion of any construction, any modifications, alterations, or additions will be reviewed and acted upon by the ARC.

If an application has been denied, or if the approval is subject to conditions, which the submitting party disagrees with, the resident may request a hearing before the full ARC. A resident may also file an appeal in writing to the Board of Directors who shall have the final authority under section 7.1 of the covenants.

For further details on the above process, please refer to the Architectural Review Application Form.


WHAT IF I DON’T WAIT FOR APPROVAL?
Proceeding with an improvement or alteration prior to obtaining written approval is a violation of the covenants and is done at your own risk. You could then face the cost of removing or modifying the alteration to comply with the ARC’s decision. If no action is taken to resolve the violation, the ARC will take additional actions, as specified in the Westbury Covenants. A covenant violation could ultimately impair your ability to sell your property.  Remember, No approval is required to repaint the exterior of a structure in accordance with the originally approved color scheme or to rebuild in accordance with originally approved plans and specifications.

In considering applications, the ARC will not be influenced for or against the application if work is commenced prior to approval. Therefore, residents are strongly urged not to undertake construction in advance.


WHAT IF I HAVE A COMPLAINT REGARDING ANOTHER LOT ?
Complaints, which remain anonymous, should be brought to the attention of the ARC who will investigate and determine if a violation exists. The violating property owner will be notified and asked to correct the violation either by removal, by submission of an acceptable application, or by repair in the case of a maintenance problem. Most problems are resolved at this stage; however, if no action is taken to resolve the violation, the ARC will take additional actions, as specified in the Westbury Covenants.

If you decide to file a formal complaint, please do so in writing and mail to our PO Box. 

 

 


KEY DESIGN GUIDELINES
In order to make it easier for residents to determine what improvements or modifications are likely to be accepted by the ARC, the following key design guidelines have been established by the ARC and the Board of Directors.  Please refer to them as you decide what improvements you’d like to make to the exterior of your home and submit an application to the ARC.  In accordance with the association covenants, “any homeowner may remodel, paint, or redecorate the interior of structures on the Lot without approval”.  Section references to the association covenants are provided below where applicable.


 

1.

Compliance with all deed restrictions as found in the covenants and the requirements of the ARC are mandatory.

2.

Preservation of the natural character of the site is required.

3.

Emphasis on the aesthetics of exterior architectural theme/detailing is required.

4.

Strict enforcement and control of signs on properties is required. (7.3)

5.

No detached exterior structures shall be allowed. Homeowners wishing for additional space will need to submit a plan for an attached addition to their home. (6.1)

6.

No approval shall be required to repaint the exterior of a structure in accordance with the originally approved color scheme. The ARC must approve all changes to the exterior color scheme of your home that are not identical to the originally approved color scheme. (6.1)

7.

Awning and canopies shall not be permitted or affixed to the exterior of a residence without prior approval of the ARC.

8.

All proposed fences or privacy fences must conform to all Fulton County and City of Johns Creek regulations and must be approved by the ARC prior to installation.  All fences must be six feet in height and must be set back six inches from the side and rear lot lines. All fences must be maintained within established guidelines of the ARC(7.16)

Fences MUST BE STAINED with an OIL BASED natural semi-transparent product.  No solid (opaque) colors are permitted.  Latex and Gel based products are not permitted.   We suggest oil based stains by Thompson's Water Seal Semi Transparent Oil Based Stains or Behr Clear Natural, Wood Toned, and semi Transparent Products

All color choices must be approved by the ARC prior to application.  Provide a copy of the color swatch with your application for quick approval.

9.

Fencing of the front and side yard areas is NOT permitted. Fencing in the rear yard may only extend forward up to the rear corner of the building. (7.16)

10.

No chain-link, PVC or aluminum fencing is allowed. (7.16)

11.

All chimneys or other fireplace structures on the exterior of the dwellings shall begin at ground level unless otherwise approved by the ARC. Exposed metal flues are not permitted.

12.

Trash containers, sprinkler controls, and other similar devices are to be properly screened from view in a manner approved by the ARC.  In addition, all trash containers should be removed from the curb on the day of pick up.(7.13)

13.

Window and/or wall air conditioning units shall not be permitted. (7.18)

14.

The only mailbox and/or paper holder authorized or permitted shall be the standard 2005 Westbury mailbox

15.

No antennae or microwave and other receivers and transmitters (including satellite dishes) shall be erected or placed on any lot unless the ARC approves its design and placement. (7.9)

16.

All signs, billboards and advertising structures are prohibited on any lot except with the written permission of the ARC. No sign shall be nailed or attached to a tree. (7.3)

17.

Swimming pools and/or external hot tubs shall be permitted if approved by the ARC. Neither shall be permitted on the street side of the residence. Pool/tub screening and decks must be no closer than five feet from the property lines. (7.22)

18.

All playground equipment shall be placed in the rear of the residence and only with the approval of the ARC.  All previous grandfathered portable hoops must also be maintained. (7.23)

19.

No basketball hoops shall be erected or placed on any lot unless approved by the ARC. All hoops should be permanently cemented into the ground, with a black pole and a clear backboard. In addition, the pole must be at least 12 feet from the street. (7.23)

20.

No decorative objects, sculptures, birdbaths, fountains and the like shall be placed or installed on the street side of any property without prior approval of the ARC. (7.23)

21.

The ARC must approve any landscaping changes that involve the addition of retaining walls, re-grading of the lot, cutting down any trees, or any changes that affect the drainage pattern of the lot.

22.

No trees that are more than four inches in diameter at a point 12 inches above the ground shall be removed without the prior written consent of the ARC. (7.1)

23.

The disposal of grass clippings, tree branches, and any yard waste on lots or common areas is prohibited. All yard waste must be removed from the property.

24.

Garbage cans should not be placed on curbside prior to the evening before pickup