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STONY BEND

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STONY BEND ...

    Price Mill Homeowners Association

    Architectural & Landscape Guidelines

    Architectural Control ………………………………………………….. ……..…2

    Architectural Committee ………………………………………………..……..…2

    Architectural Guidelines ……………………………………………………….…3

    Building Addition, Exterior Modification, or Freestanding Structure ………...3

    Decks .…………………….……………………………………………….. . …….4

    Easements …………………………………………………………………….…..5

    Exterior Lighting ………….……………………………………………………. 5

    Exterior Painting ……….………………………………………………………. . 5

    Fences ………………………………………………………………….………. . 6

    Hot Tubs / Pools ………………………………………………………….……. 6

    Landscaping/Tree Removal …………………………………………………… 6

    Mailboxes ………..……………………………………………………………… 7

    Playground and Recreational Equipment …………………………………... 7

    Retaining Walls ……………………………………………………………… … 8

    Satellite Dishes and Antennas ……………………………………………..… 8

    Walkways and Patios ………………………………………………………….. 8

    Variances ……………………………………………………………………… 9

    Violations…..………………………………………………………..………….. 9

    Fines & Penalties ………………………………..………..……………..……. 9

    Appeals ………………………………………………………………………… 10

    Appendix A …………………………………………………………………..… 10

    Architectural Control

    Article VI Section 1 of the Price Mill Subdivision Declaration of Covenants, Conditions & Restrictions provides that “Notwithstanding anything contained in this Declaration to the contrary, no Improvements including without limitation, site preparation on any Lot or Tract, change in grade or slope of any Lot or Tract, or erection of buildings upon the Property, erection of or changes or additions in flags (other than the United States official flag), yard ornamentation, fences, hedges, walls and other structures, any landscaping, or any cutting of trees on any Lot or Tract, shall be commenced, erected or maintained on any portion of the Property, until: (a) the Architectural Control Committee (herein called the “Architectural Control Committee”) appointed as hereinafter provided, has approved the plans and specifications therefore and the location of such Improvements and has given its written approval for commencement of construction”.

    Before proceeding with certain activities, the “Lot Owner” is required to submit to the Architectural Control Committee a plot plan including specifications for that activity and obtain written approval.

Activities requiring approval are:

    Site preparation, Including, but not limited to:

    Grading, Elevation work, Landscaping, Sloping, Tree work

    Initial construction, erection, installations, placement, or alteration of any improvements, including but limited to:

    Buildings, Fences, Signs, Outside lighting, Walls, Bulkheads, Screens Doors, Landscaping,

    Plantings, Swimming pools, Equipment, Lawn ornaments and decorations, Other structures.

    Other covenants designed to maintain the attractiveness of Price Mill are included as Appendix A.

    Architectural Committee

Creation

    So long as Declarant owns any Lot, Tract or other portion of the Property, the members of the Architectural Control Committee shall be appointed by Declarant. At such time as Declarant no longer owns any Lot, Tract or other portion of the Property or at such earlier date as Declarant releases its right to appoint the members of the Architectural Control Committee, the members of the Architectural Control Committee shall thereafter be appointed by the Board. The members of the Architectural Control Committee shall be appointed annually and will be composed of at least three (3) and not more than seven (7) individuals, the exact number of members of the Architectural Control Committee to be designated from time to time by the body then having the authority to appoint such members (Declarant or the Board, as the case may be). The members of the Architectural Control Committee may be removed and replaced at any time, with or without cause, and without prior notice, by the body then having the authority to appoint such members. Notwithstanding anything contained herein to the contrary, the Architectural Control Committee shall have the right, power and authority to employ and / or use the services of any architects, engineers or other professionals as it deems necessary or advisable, in its sole discretion, to carry out the duties and obligations of the Architectural Control Committee as described in this Article VI.

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    Architectural Guidelines

    All building, fences, signs, outside lighting, walls, bulkheads, screens, landscaping, plantings, swimming pools, equipment, lawn ornaments and decorations, storage buildings, dog houses/runs, playhouses, greenhouses, decks, patios, or structures of any type require prior approval from the Architectural Committee. Prior approval is also required for any alteration, addition, or change to any such existing item. Before proceeding with any project listed above, or others listed in the Restrictive Covenants, the Homeowner is required to submit an application for approval to the Architectural Control Committee. If you are unsure of whether you should submit an application for your

    project, submit an application.

    Applications should be submitted to the Management Company designated by the Homeowners Association Board as indicated on the application form. The Architectural Control Committee will meet as needed to review all submitted applications and respond to each request within 30 business days. The committee may contact you if they have questions or need clarification. Each application should include a comprehensive plan of the proposed project, including a drawing, sketch, or diagram showing the position and size of the proposed item relative to the lot, existing structures and adjoining properties. Plans and specifications should include dimensions (including heights and/or elevations), materials, colors, and any adverse effects on drainage/runoff patterns. Applications submitted that are missing required information will not be approved by the Architectural Control Committee so please include all necessary information in your application.

    The Architectural Committee will review each application on an individual basis and approvals are granted on an individual basis. Prior approval of a seemingly similar application does not guarantee subsequent approval on the same lot or on another lot.

    All items must also conform to zoning restrictions and building codes of any and all governmental bodies having jurisdiction over the area. The homeowner is responsible for obtaining any required permits.

    The Architectural Control Committee has developed the following guidelines for use in its review of applications. Adherence to these guidelines does not relieve the Homeowner of the need to submit applications to the Architectural Control Committee for approval before proceeding. They are only intended to provide the Homeowner with some sense of direction in planning, and also provide the Architectural Control Committee with some sense of consistency and fairness in its reviews.

    Included in these guidelines are some items that do not require prior approval. These are enclosed in a „box‟.

    The definition of a “rear yard” for a corner lot is defined as the area behind the driveway and in back of

    the house.

    Building Additions, Exterior Modifications, and Freestanding Detached Structures

    All building additions, modifications, and freestanding structures require approval before the project is initiated. Applications will be reviewed on an individual basis.

    Examples of building additions include screened porches, new living space, or storage areas that are physically attached to the main structure house after initial construction.

    Examples of exterior modifications include the addition of storm doors, gutters, or similar modifications. Changes in exterior colors would also be considered an exterior modification and is addressed in the Exterior Painting section.

    Examples of freestanding detached structures include detached garages, greenhouses, storage buildings, playhouses, doghouses, dog runs, and other accessory buildings. Only one such structure is allowed and it may not be used for human habitation. Exceptions may be possible for playhouses and/or doghouses provided they do not present an unpleasant visual impact or noise nuisance to adjoining property owners or public ways, but application is necessary to obtain this exception.

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    The Architectural Committee will review materials, colors, location, scale, and other details of the proposed addition or modification to determine compliance with the architectural intent of the existing structure and the relationship of the proposed structure to surrounding sites. The intent is to preserve the architectural character of the neighborhood with specific emphasis given to the maintenance of a cohesive neighborhood architectural style that maintains the scale, detailing, materials, massing, color(s) and design intent of the original structure.

    Any detached structures should maintain the same architectural continuity as the main dwelling, specifically relating to exterior style and materials used.

    Materials used should meet or exceed the quality of and be consistent with the materials used in construction of the original structure. Compliance with the current edition of the Union County building codes will be considered meeting the minimum standards of construction. The Architectural Committee may require homeowners to exceed these standards if it is deemed necessary to maintain the architectural intent of the original structure. In general, the quality of materials and workmanship present in the original structure should be maintained. Requests to use different materials than in the original structure will be reviewed on a case-by-case basis.

    All exterior freestanding detached structures should normally be confined to the rear yard.

    All building additions and modifications should maintain proper drainage on the site. If a building addition or modification is planned that will affect drainage, homeowners are required to provide a plan that details drainage patterns and runoff as a result of the addition/modification. The changes specified below do not require approval if accomplished in accordance with the standards provided:

    1. Properly installed storm doors that are full height glass without cross members, with color

    matching existing house trim with narrow stiles. Other colors or other style doors require

    submission of an architectural request for approval.

    2. Properly installed white pre-finished, or color consistent with the house trim, aluminum

    gutters do not require approval. Other colors or materials require submission of an

    architectural request for approval. In addition, if the gutters will cause a change in normal

    runoff patterns and quantities sufficient to impact the drainage on adjacent properties,

    submission of an architectural request for approval is required.

    The Architectural Committee reserves the right to reject applications that may meet the Union County setback requirements but fail to meet the objectives of the Architectural Committee.

Decks

    Decks are normally constructed at the same time as the main dwelling and are therefore reviewed and approved as a part of the original construction plan. Applications should be submitted to the Architectural Committee for new decks not a part of the initial construction and for any alterations of existing decks, including a change in color.

The size, styling, and color of decks should complement the dwelling.

    Decks will normally be located at the rear of the structure and not extend beyond the sides. Decks will be stained with a translucent stain, painted to match the trim color of the house or be natural colored.

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Easements

    A perpetual easement is reserved over the rear ten (10) feet of each Lot for utility installment and maintenance and / or as shown on recorded map. A perpetual easement is reserved over the side five (5) feet and rear ten (10) feet of each Lot for public storm drain and / or as shown on record map.

    Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities and drainage channels in the easements.

    These areas are to be maintained by the homeowner per the guidelines expressed by the Architectural Guidelines

Exterior Lighting

    Exterior lighting fixtures should be compatible with the architectural character of the neighborhood.

    Generally, low voltage accent lighting confined to planting beds or along walkways and on decks is acceptable. Other lighting devices, i.e., floodlights, spotlights, lampposts, will be reviewed on an individual basis.

    Specific approval is required for spotlights or floodlights on driveways.

    This guideline is not intended to discourage security lighting systems, but only to control the source and spread of the light beam that may be intrusive to adjacent property owners.

    All exterior lighting must have locations approved prior to installation. The application should include a diagram showing the proposed location of new lights and the lighted area. Include a materials list and, if possible, a picture or drawing of the proposed fixtures.

    Beam spread from all light sources should be confined to the homeowner's lot. On corner lots and locations where the lighting may affect drivers, care must be taken to insure that spotlights and floodlights do not cause dangerous safety hazards by blinding oncoming traffic.

    All electrical installations must be in accordance with all applicable electrical codes and regulations. Approval is not necessary for the following:

     1. Replacement of current light fixtures with a similar type and style. 2. “Temporary" holiday lighting; however; such “temporary” lighting and any associated wiring must be removed within a reasonable period after such holiday. 3. Properly installed low voltage accent lighting along walkways and on the inside of decks. Any low voltage spotlights or lights on the outside of decks require an application if the light may shine onto adjacent property.

Exterior Painting

    All exterior paint colors should be compatible with the architectural character of the neighborhood. “Bright” or “vivid” colors are discouraged.

    Paint colors on additions and exterior detached structures should be consistent with the dwelling and surrounding area.

    Any changes to the original exterior paint color(s) require prior written approval from the Architectural Committee.

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Fences

    No fences shall be erected on any Lot nearer to any street line than the building setback line shown on the recorded map, nor shall any fence be erected except in accordance with the Architectural Control provisions of Article VII hereof. No fence of greater height than five (5) feet will be allowed in the subdivision except on the perimeter of the Subdivision as approved by provisions provided within Article VII. No fence shall be allowed on any lot near to the street than the front outside corner of the residence on said Lot. The beforementioned height requirement shall not apply to any property perimeter fencing built by or for the Declarant and or Successor Declarant.

    Fences will normally be of wood or a wood substitute or composite, in a style already existing in the subdivision, but stone, brick, and wrought iron may be acceptable. Chain-link, wire, or privacy fences will not be approved.

    The supports, posts, cross braces, and horizontal rails should be on the inside, presenting a „flush‟ appearance to the street and adjacent property owners. Fences should not normally extend forward of the rear corners of the main dwelling.

    Fences should not exceed six (5) feet in height and should follow the topography of the land. All fencing should be maintained in an aesthetic and safe condition.

Hot Tubs / Pools

    All pools and hot tubs should be confined to the rear yard.

    Pools should be enclosed with a fence that has a locking gate.

No above ground pools are allowed.

Hot tubs, if not enclosed in a secure area, should have a locking cover in place when not in use.

    Additional screening may be necessary to minimize both the visual impact and noise impact on adjacent properties of the pool or hot tub or activities in or about them.

    Pumps and/or other machinery related to the pool or hot tub should be placed or screened so as to avoid an offensive visual appearance and to minimize noise production or transmission of such noise to the street or nearby properties.

Landscaping

    Landscaping should conform to the Covenants and the easement requirements as noted.

    The Restrictive Covenants provide that no mass planting or hedge should be erected or permitted in front of a dwelling. No weeds, underbrush, or other unsightly growth should be permitted to grow or remain on any lot unless approved by the Architectural Committee.

The following should have prior approval from the Architectural Committee:

    ; Initial landscaping plans;

    ; Significant changes to existing landscaping;

    ; Landscaping and plantings in utility easements;

    ; Water gardens;

    ; All tree removal, except for removal of dead material or emergency removal where the tree(s)

    present a clear and present danger to life, person, or property. The exception to this shall be trees

    with a trunk diameter of six (6) inches and are less than six (6) feet tall.

Water gardens should be planned and located to limit potentials for accidents.

    Landscaping plans should detail drainage patterns and runoff. Plans that cause excessive runoff to neighboring properties or common areas will not be approved until modified to resolve the drainage situation.

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The following do not require approval:

1. Flowers planted in existing beds.

    2. Shrubs less than three feet in diameter and height at maturity and used as

     cover for the foundation, fence, deck, or HVAC equipment.

    3. Ground cover in existing landscaping beds or natural areas (areas with

     ground cover other than grass).

    4. Mulching with pine straw, or hardwood or bark mulch.

    5. Replacement of existing shrubs, plants, or trees that die, or are diseased, with

     the same variety and size shrub, plant, or tree, in the same location.

    6. One level of edging consisting of brick, stone, pre-cast concrete, or black

     plastic. Painted stones or other painted or stained materials will require

     approval.

    7. Flower boxes that are no longer than the widest window on the side on which

     the flower box is installed and have finishes consistent with exterior house

     colors.

    8. Flower containers that have consistent colors that blend with the house

     surroundings or are of neutral earth tone colors

    9. Security signs as provided by security companies, provided they measure

     less than 12 inches square and are located at the walkway/driveway in an

     existing flowerbed or natural area.

    10. Vegetable and herb gardens, if confined to the rear yard.

Lawn ornaments should not be visibly offensive.

    All landscaping should be maintained in a neat and attractive condition. Minimum maintenance requirements include mowing, pruning, removal and replacement of dead or dying plants, watering, and removal of trash.

Mailboxes

    All mailboxes and posts should remain the same size, style, and colors as originally installed by the builder.

    All mailboxes will be confined to street side. Movement from the original location to an alternative location will require an application. Location and height must conform to US Postal Service requirements.

    All mailboxes must be repainted or replaced if approximately 20% or more of the surface shows signs of rust or paint peeling.

Playground and Recreational Equipment

    Swing sets, sliding boards, sandboxes, trampolines, and similar items are classified as play equipment.

    Approval is not required for playground equipment as long as they meet the following guidelines:

    Equipment should blend with the natural surroundings to the best extent possible.

    Permanent play equipment should be placed in the rear yard, with the exception of a driveway

    basketball goal, which may be in a side yard. No permanent play equipment should be located

    in the front yard.

    Care should be taken to make equipment as “visually acceptable” as possible. Whether an item

    is “visually offensive” shall be a judgment call of the Architectural Committee.

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    Equipment should be constructed of natural wood, wood appearing composite products, except

    for the obvious sliding board, goal post, etc.

    Anything outside these guidelines requires detailed drawings to be presented to

    the Architectural Committee for approval prior to installation.

Retaining Walls

    All retaining walls will be considered on an individual basis. Materials, colors, location, and scale and massing of the proposed wall will be reviewed to determine compatibility with the architectural intent of the existing structure and relationship to the surrounding site.

    Locations for retaining walls must be clearly specified on the plot plan submitted with the application. Consideration will be given to changes in the natural topography and existing drainage patterns.

“Natural" building materials such as stone, slate, brick, and pressure treated timbers will be considered

    as acceptable materials. Railroad ties are prohibited. Materials and colors chosen should complement the existing structure on the site.

    All retaining walls should maintain proper drainage on the site. If a wall is planned, homeowners are required to provide a plan that details drainage patterns and runoff as a result of the new structure.

    All retaining walls should be properly secured to prevent collapse and should meet all applicable Union County requirements. There is no height limit, but the compatibility with the surrounding area and the dwelling will be considered. Any application for a retaining wall over three feet in height should include detailed specifications on anchoring the wall.

Satellite Dishes and Antennas

    No external antennas are permitted. Any satellite dish or disc that is 21” or less in diameter that is designed to receive television broadcast signals is permitted without application and approval of the Architectural Committee so long as:

    (1) The dish, disc, is located on a part of the lot so as not to be

     clearly and readily visible from any street or any neighboring lots,

     provided that such a location does not preclude the reception of an

     acceptable quality signal, or is located anywhere on the lot but is

     reasonably and adequately screened to prevent visibility from any street

     or any neighboring lots, and

.

    Walkways and Patios

    Walkways and patios should be created in scale with the site and existing structure.

    The slope of the patio or walkway and the adjacent yard should preserve the original runoff flow pattern and not cause excessive water to be directed to a neighboring property or the house foundation. A plan that details drainage patterns and runoff should be submitted with the application

    Materials to be considered for use in walkways should be concrete, brick, concrete pavers, flagstone and slate. Colors chosen should complement the existing structure. Patio materials will be reviewed on an individual basis as submitted by the homeowner.

Walkways and patios must conform to the easement requirements of the covenants.

    Patios must be confined to the rear yard. An application must include the above noted information in addition to a rough drawing of the proposed changes, with pictures if possible. For patios it should also

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    address: materials expected to be used; color of any painted materials; foundation construction; electrical changes for fan and light installations; drainage; and gas and water connections for any built-in gas grills or a wet bars.

Variances

    The Architectural Committee shall have the power to grant, and may allow, variances of, and adjustments of the restrictions established in these architectural guidelines in order to overcome practical difficulties and prevent unnecessary hardships in application of the restrictions contained in these guidelines. These variances or adjustments shall be in conformity with the covenants and architectural guidelines and shall not be materially detrimental or injurious to other Lots in the immediate neighborhoods. No variances shall be permitted if it violates Governmental or County minimum zoning standards.

    In the event that a variance is required, an application must be completed. With this application please enclose any documentation required from the appropriate Government and/or County Authorities. This application will be reviewed by the Architectural Committee and the homeowner will be notified of the decision in writing.

Violations

    Once a complaint is received that a Homeowner has failed to comply with the Covenants or Architectural Guidelines by commencing work before Architectural Committee approval in writing has been received by the Homeowner, or the work in progress is not in accordance with the approved or conditionally approved application, and a review/inspection confirms that a violation exists, a written notice will be sent to the Homeowner by the Architectural Committee. This written notice will inform the Homeowner of the violation. If no action is taken by the Homeowner to rectify the problem within 10 (ten) days, a second written notice will be sent to the Homeowner by the Architectural Committee, advising the Homeowner that they have an additional 10 (ten) days in which to rectify the problem or they will be subject to a hearing with the Price Mill Homeowners Association Board. If there is no action taken by the Homeowner after these two written notices having been sent, they will be notified of a hearing with the Homeowners Association Board of Directors and the Architectural Committee.

    The Homeowners Association Board of Directors will be notified of the situation after the initial written notification to the Homeowner, if there is no action taken by the Homeowner to rectify the situation.

    If there is no action taken by the Homeowner, that Homeowner will be notified of a meeting, where the fine and penalty phase may be implemented, with the Price Mill Homeowners Association Board of Directors. This meeting will take place at a time appointed by said Committee.

Fines and Penalties

    Pursuant to North Carolina Planned Community Act Chapter 47F-3-102 Powers of owners‟ association.

    “After notice and an opportunity to be heard, impose reasonable fines or suspend privileges or services provided by the association (except rights of access to lots) for reasonable periods for violations of the declaration, bylaws, and rules and regulations of the association”.

    Fines and / or penalties will be determined on an individual basis and may consist of revoking of the homeowners‟ voting privileges, a monetary fine, or both. The North Carolina Planned Community Act 47F-3-107 states that fines may be assessed up to $150.00 per day for each day a violation exists. The Board of Directors for the Price Mill Homeowners Association will determine if any other penalties should be awarded beyond those stated in this document.

    The Board of Directors for the Price Mill Subdivision is to receive a report of all potential violations as stated in the Violation Policy and a report of proposed fines and/or penalties, including the reason for such fines or penalties. The Homeowner will also be notified per the Violation policy of the need for a meeting with the Board of Directors for the Price Mill Homeowners Association. At this meeting the

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    Board of Directors for the Price Mill Homeowner Association will determine if a fine/penalty is warranted. The Homeowner will be notified of the decision of the Board of Directors of the Price Mill Homeowners Association in writing within 10 (ten) days of this meeting.

    In the event that the Homeowner does not appear at the above noted meeting, a written notification will be mailed to them advising of the decision of the Board of Directors for the Price Mill Homeowners Association.

Appeals

    This section covers appeals for: (A) Denial of an application

     (B) Issuance of a Violation

    If a homeowner does not agree with either the denial of an application or the issuance of a violation by the Price Mill Architectural Control Committee, they may request a meeting with the Board of Directors of the Price Mill Homeowners Association and the Architectural Committee within ten (10) days of receipt of the written notification advising them of the applications denial or violation.

    The homeowner then may present their concerns to the Board of Directors and the Architectural Committee.

    The Board of Directors will review the Homeowners concerns and advise the homeowners, at a time specified by the Board of Directors, of their decision. The decision of the Board of Directors will be final.

APPENDIX A

    Section 1. Land Use. All lots in the tract shall be known and described as residential Lots. No structure shall be erected, altered, placed, or permitted to remain on any residential building plot other than a single-family dwelling not to exceed two and one-half stories in height excluding basements and a private garage for each unit for not less than two cars and other accessory structures customarily incidental to the use of any Lot. All garages will be accessed by a concrete drive to a contiguous street.

    Section 2. Building Lines. No building shall be located nearer to the front or side lines than the building setback lines shown on the recorded plat, if such lines are shown. In any event, no building shall be placed nearer to any front, side or rear setback line as required by the Union County Zoning Ordinances or any other applicable zoning ordinance.

    Unintentional violations not exceeding ten per cent (10%) of the minimum building line requirements herein set forth shall not be considered a violation of this Section.

    Section 5. Temporary Structures. No structure of a temporary nature shall be erected or allowed to remain on any Lot unless and until permission for the same has been granted by the Homeowners Association, or its designated agent or representative. This section shall not be applicable to temporary construction trailers, sales offices, and material storage facilities used during construction.

    Section 6. Use of Common Area. The Common Area shall not be used in any manner except as shall be approved or specifically permitted by the Homeowners Association.

    Section 7. Clothes Drying. No drying or airing of any clothing or bedding shall be permitted outdoors on any Lot or in any other unenclosed area (including patios) within the Properties.

    Section 9. Nuisances. It shall be the responsibility of each Owner and Occupant of a Lot or Tract to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her property. No Lot or Tract within the Project shall be used, in whole or part, for the deposit, storage or burial of any property or thing that will cause such property to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or

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