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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:
- To
establish architectural motifs and exterior design themes for all
residential properties.
- To
establish design standards and guidelines for the protection of enduring
property values and provide the best possible safeguards for continuing
appreciation.
- To
review all applications for compliance with design criteria and with the
declaration of covenants.
- To
assure compatible architectural designs and harmonious relationships with
neighboring properties and land uses.
- To
require high standards of design and quality construction.
- To
establish fees for the review of applications that require professional
review.
- To
amend design criteria as may be required, from time to time.
- To
monitor violations of design criteria and take appropriate action to
correct any violation.
- 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.
- To
maintain copies of applications, design documents and related records.
- 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.
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1.
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Compliance with all
deed restrictions as found in the covenants and the requirements of the
ARC are mandatory.
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2.
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Preservation of the
natural character of the site is required.
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3.
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Emphasis on the
aesthetics of exterior architectural theme/detailing is required.
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4.
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Strict enforcement
and control of signs on properties is required. (7.3)
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5.
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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)
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6.
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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)
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7.
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Awning and canopies
shall not be permitted or affixed to the exterior of a residence without
prior approval of the ARC.
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8.
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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.
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9.
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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)
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10.
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No chain-link, PVC or
aluminum fencing is allowed. (7.16)
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11.
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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.
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12.
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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)
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13.
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Window and/or wall
air conditioning units shall not be permitted. (7.18)
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14.
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The only mailbox
and/or paper holder authorized or permitted shall be the standard
2005 Westbury mailbox
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15.
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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)
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16.
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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)
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17.
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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)
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18.
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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)
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19.
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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)
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20.
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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)
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21.
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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.
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22.
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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)
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23.
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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.
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24.
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Garbage cans should
not be placed on curbside prior to the evening before pickup
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