Homeowner Information
SUMMARY OF COVENANTS AND RESTRICTIONS FOR PHASE I OF FIELDSTONE FARMS
Below is a summary of the standards and requirements set forth in the Declaration of Covenants, Conditions and Restrictions for Phase I of Fieldstone Farms (the "CC&Rs") and the documents and guidelines referenced therein, including but not limited to the Master Plan, the Architectural Design Guidelines and the Rules and Regulations (collectively the "Community Documents") that have been prepared on behalf of Fieldstone Farms, LLC (the "Developer") for the Fieldstone Farms subdivision. THE STANDARDS AND GUIDELINES SET FORTH BELOW IS A SUMMARY AND MAY NOT CONTAIN ALL TERMS AND REQUIREMENTS SET FORTH IN THE COMMUNITY DOCUMENTS. THIS SUMMARY IS PRESENTED AS A MATTER OF CONVENIENCE AND SHALL NOT REPLACE THE NEED TO REVIEW THE COMMUNITY DOCUMENTS. THE STANDARDS AND GUIDELINES SET FORTH BELOW ARE SUBJECT TO CHANGE ACCORDING TO THE TERMS OF THE COMMUNITY DOCUMENTS. TO THE EXTENT THERE IS A CONFLICT BETWEEN THIS SUMMARY AND THE TERMS OF THE COMMUNITY DOCUMENTS, THE TERMS OF THE COMMUNITY DOCUMENTS SHALL CONTROL.
I. SIZE REQUIREMENTS
1. Living Area (exclusive of garages, porches and basements).
Single Family Homes (Lots: 7-23, 26-36, 59-61, 63-72, 82-88): The minimum square foot requirement for a Single Family Home shall be 1,400 square feet.
Estate Homes (Lots: 4, 6, 24, 25, 37, 40-55, 73, 75-81, 90-96): The minimum square foot requirement for an Estate Home shall be 1,800 square feet.
Townhomes (Lot 2): The minimum square foot requirement for a Townhome shall be 1,200 square feet.
Patio homes (Lot 3): The minimum square foot requirement for a Patio home shall be 1,200 square feet.
2. Garage Area. Garages shall generally provide space for a minimum of two (2) automobiles and shall not exceed four (4) automobiles. A one-car garage is permitted subject to approval of the Developer and/or Architectural Review Committee (the" Reviewer.")
II. SITE CONSIDERATIONS
1. Orientation. Single Family Homes or Estate Homes constructed on Lots 75-81, 82-88 shall be considered to be "Rear-Loaded" homes meaning that the vehicular entrance (driveway) to such homes shall be from the back of the lot through the alley ·designated as Deer Ridge Lane on the Master Plan. Except as otherwise provided in the Community Documents, all residences must face the street or face the major street in a case of a lot fronting more than one street. All residences constructed on lots which abut Fieldstone Parkway must be oriented so as to face Fieldstone Parkway. All garages are to be attached with the exception of garages for Rear-Loaded Homes which may be detached. No garage shall be oriented so as to face Fieldstone Parkway.
2. Setback Lines. With the exception of driveways, walks, and mailboxes, no structures shall be allowed on any lot outside the building setback lines. The minimum building setback requirements are established by the Walker County Zoning Ordinances and the CC&Rs and are set forth on the Master Plan and/or applicable plats.
3. Driveways. Driveways shall be located a minimum of two (2) feet from the side property line to allow landscaping, except in special conditions when approved by the Reviewer and are to be constructed of concrete or other hard surface (i.e. brick or stone) approved by the Reviewer. Driveways constructed of asphalt are prohibited unless specifically approved.
4. Swimming Pools; Spas and Hot Tubs.' Swimming pool design, placement and construction shall be subject to approval. All swimming pools shall be in ground. Pools will be fenced for safety as per state and/or local laws. Pools shall not be permitted on the street side of the residence, nor shall any portion of a pool, decking or enclosure be permitted to extend outside the building setback lines. Spas/hot tubs shall be located in the rear yard away from adjacent property so that the use, presence, and noise of the mechanical equipment do not adversely affect the use of the adjacent property. Spas and/or hot tubs should be an integral part of a deck, patio, or landscaping. Spas/hot tubs shall be screened from adjacent property and all of the understructure of spas/hot tubs which are set into above ground decks shall be screened. Mechanical equipment for pools and spas/hot tubs shall be concealed and located so as not to have an adverse effect on the use of adjacent property.
5. Gates, Walls and Fences. The design for any fence, wall or gate shall be compatible and harmonious with the design of the residence which it serves. Fence foundations must be constructed entirely on the owner's property unless there is a written and recordable document reflecting an agreement with respect to the cost, design, construction, maintenance, and responsibility for the fence. Where a gate is powered, the motor cover and related equipment shall be screened from street view. Privacy fences on lots shall not exceed six (6) feet in height and shall be appropriately landscaped. Fences are allowed no nearer the front lot line of the lot than the rear line of the residence. Fences must be vinyl, powder coat aluminum or wrought iron. Chain link fencing will not be permitted. All fence design and construction shall be subject to approval of the Reviewer.
6. Decks. A deck shall be located at the rear of the house unless otherwise approved. The configuration, detail and railing design of a deck shall relate harmoniously with the architectural style of the house.
7. Non-Architectural Improvements. Any non-architectural improvements on any lot, e.g. playground equipment, basketball backboards, sculptures, garden ornaments, decorative exterior lighting fixtures, etc., shall be located within the building area of the lot, and shall be screened from street views.
8. TV Cable & Satellite Dishes. Exterior television and radio antennas are prohibited. Small satellite dishes are permitted but shall meet the requirements as set forth in the Community Documents.
9. Retaining Walls. Each retaining wall used to form a terrace shall be no more than four (4) feet tall and spaced no closer than four (4) feet apart.
III. EXTERIOR MATERIALS/DESIGN
1. Materials. The variety and number of primary exterior materials should be held to a minimum. Changes in exterior wall material should have a logical relationship to the massing of the house and may not be made for reasons of economy and function only. Changes of material in the same wall plane along a vertical line must be strictly avoided.
2. Color. Exterior paints and stains for each residence shall be selected to complement or harmonize with the colors of the other materials with which they are used. The color palette of existing adjacent residences will be considered by the Reviewer in making approvals in order to avoid monotonous color schemes.
3. Chimneys. Chimneys must be clad in brick, stone, stucco or siding. Prefabricated metal fireplaces and metal flues are subject to approval of the Reviewer.
4. Architectural Sheet Metals. All stack vents and attic ventilators shall be installed straight and true and shall be located to minimize street view visibility or hidden in a chase. All exposed roof flashing, stack vents, skylight curbs, attic ventilators, or any other metal roof accessories shall be copper, or painted to match the roofing color.
5. Guttering and Downspouts. Gutters shall be made of copper, galvanized steel or prefinished extruded aluminum. If painted, the color shall match the residences exterior trim color.
6. Window Materials. All windows shall be double paned. Windows shall be wood or vinyl. No aluminum windows shall be permitted. Glazing shall be clear and colorless on windows as well as doors with glass. Metal windows on brick veneer elevations shall be trimmed in wood.
7. Glass Block. Use of glass block is subject to approval.
8. Shutters. Shutters shall be made of wood or quality materials, and shall be sized to match the window or door opening.
9. Main Entrance Doors. Exterior pedestrian doors visible from the street shall be made of wood or quality materials with a painted gloss finish or stained. Glass shall be clear and colorless
10. Dormers. Dormer windows shall be no more than two windows wide, and they shall be less than two (2) feet from an end gable. Windows should fill the front side of the dormer so that a minimum amount of wall is exposed.
11. Roof. The roof pitch on the main portion of the residence must be a minimum of eight-twelfths (8/12) unless otherwise approved by the Reviewer. Roofing materials are to be a twenty-five year architectural/dimensional shingle or other material approved by the Reviewer
12. Siding. Concrete, smooth horizontal Wood, vinyl or an approved equal premanufactured clapboard . Artificial, simulated or imitation materials (aluminum siding or simulated brick) are subject to approval.
13. Brick . Shall be hard-fired, which has an overall appearance of evenness in color and texture. Painted brick may be used where appropriate to the style of the residence. Use of brick with a large range of tones is not acceptable.
14. Stucco. Shall be smooth, steel-troweled cement stucco or rigid foam insulation with an acrylic and cementious coat.
15. Foundations. Single Family Homes and Estate Homes shall be placed over crawl spaces or a full basement. Foundations of all residence shall be covered with brick or stone. The intent is to eliminate the exposure of concrete or concrete block from the street view.
16. Exterior Air Conditioning Equipment. Exterior heating, ventilating and air conditioning (HVAC) equipment shall not be visible from the street Air conditioning condensers located along interior side lot lines shall be screened from view of neighbors or the public by landscaping, solid fence or wall. No window air conditioners or "thru-wall" type air conditioners shall be allowed on any residence or garage in
Fieldstone Farms. Grills, vents, or flues shall not be visible from the street .
17. Mailboxes and House Numbers. Developer shall choose a uniform mailbox type to be used by all residences. House numbers must be legible, simply designed and in an appropriate scale and of "professional quality."
18. Patios. All patios and other paving in entry courts or other areas visible from the street view or other public areas shall be unit concrete pavers, tile, stone or wood decking.
19. Decks. Wood decks shall be constructed with rot-resistant wood and, in many cases, may be left to weather naturally. In some instances, the Reviewer will require that the decks be stained to coordinate with the neighborhood design or to help integrate the deck with the house. If decks are stained, the color shall relate to the colors of the house. A skirt board shall be constructed and landscape planting shall be provided to screen structural elements and to soften the structure visually.
IV. LANDSCAPE/PROPERTY MAINTENANCE
1. Landscape Specifications. All yards are to be sodded with the same type of grass (tlb/d by Developer) and are to contain a minimum of two (2) trees in the front yard. Such trees are to a minimum of two (2) inches in diameter (as measured two (2) feet off of the ground). For the lots that are along Fieldstone Parkway the trees are to be smaller ornamental type trees (i.e. Japanese Maple, Crab Apple, Cherry). Front yards and side yards shall be sodded with Bermuda grass to the back corner of the residence.
2. Maintenance. Owners of Single Family Homes and Estate Homes are responsible for proper care, maintenance and pruning of their gardens, lawns and landscaping. Each owner shall keep foundation, exterior walls, windows, doors and glazing, roofs, structural, mechanical and electrical systems, landscaping and grounds, fences and retaining walls in a high state of maintenance, repair and appearance. Storage of trash containers shall be in a service court or garage not visible from the street except at time of pick up.
3. Sidewalks. Except for the lots that are adjacent to Fieldstone Parkway, the builder shall construct a sidewalk (forty-two (42) inches wide and two (2) feet from the curb) parallel with the street across the front of each lot. With regard to the lots that are adjacent to Fieldstone Parkway, Developer shall be responsible for the construction of a sidewalk (forty-eight (48) inches wide and two (2) feet from the curb) parallel with Fieldstone Parkway.
V. DESIGN APPROVAL PROCESS
The design approval process is intended to confirm a correct interpretation of the Architectural Design Guidelines in order to identify problems with submitted designs. Each of the items listed below should be submitted in accordance with the plan submission and approval process as outlined in the CC&Rs. Signed plan approval by the Reviewer is required prior to the undertaking of any site improvements, including
clearing, grading, paving, signs, structures, fences, landscaping building additions or alterations, and subdivisions.
No Changes to these approved plans shall be allowed without prior written approval of the Reviewer. Each application will be evaluated on its own merits. An application checklist shall be included with each submittal
(1) Application for Review. Use for any pre-construction submittal.
(2) Exterior Materials Selection. Use to obtain approval of all exterior building materials, and to obtain approval of all exterior colors.
(3) Landscape Review. Use for any site improvements not part of the approved residence.
VI. MISCELLANEOUS
1. Capitalization of Association. Upon acquisition of record title to a residence by the first owner, other than a builder or Developer, a contribution shall be made on behalf of the purchaser to the working capital of the community association in an amount equal to $250.
2. Assessments. All residences will pay annual dues to fund the community's common expenses. In addition, all residences shall be subject to special or specific assessments as set forth in the Community Documents.
3. Use. Fieldstone Farms shall be used only for residential, recreational, and related purposes.
4. Restricted Activities. The following activities are prohibited within Fieldstone Farms unless expressly authorized or otherwise approved pursuant to the terms of the Community Documents:
(a) Parking any vehicles on public or private streets or thoroughfares, or parking of commercial vehicles or equipment, mobile homes, recreational vehicles, golf carts, boats and other watercraft, trailers, stored vehicles, or inoperable vehicles in places other than enclosed garages;
(b) Raising, breeding, or keeping animals, livestock, or poultry of any kind, except that a reasonable number of dogs, cats, or other usual and common household pets may be permitted in a residence;
(c) Any activity which emits foul or obnoxious odors outside the residence or creates noise or other conditions which tend to disturb the peace or threaten the safety of the occupants of other residences;
(d) Any activity which violates local, state, or federal laws or regulations;
(e) Pursuit of hobbies or other activities that tend to cause an unclean, unhealthy, or untidy condition to exist outside of a residence;
(f) Outside burning of trash, leaves, debris, or other materials;
(g) Use or discharge of any radio, loudspeaker, horn, whistle, bell, or other sound, device so as to be audible to occupants of other residences;
(h) Use and discharge of firecrackers and other fireworks;
(i) Dumping grass clippings, leaves or other debris, petroleum products, fertilizers, or other potentially hazardous or toxic substances in any drainage ditch, stream, pond, or lake, or elsewhere within Fieldstone Farms, except that fertilizers may be applied to landscaping provided care is taken to minimize runoff;
(j) Accumulation of rubbish, trash, or garbage except between regular garbage pick ups, and then only in approved containers;
(k) Obstruction or rechanneling drainage flows after location and installation of drainage swales, storm sewers, or storm drains;
(I) Subdivision of a lot into two or more lots, or changing the boundary lines of any lot after a subdivision plat including such lot has been approved and recorded;
(m) Swimming, boating, use of personal flotation devices, or other active use of lakes ponds, streams, or other bodies of water within Fieldstone Farms, except that fishing from the shore may be permitted with appropriate licenses;
(n) Use of any residence for operation of a timesharing, fraction sharing, or similar program whereby the right to exclusive use of the residence rotates among participants in the program on a fixed or floating time schedule over a period of years;
(0) Discharge of firearms;
(p) On site storage of gasoline, heating, or other fuels, except that a reasonable amount of fuel may be stored in a residence for emergency purposes and operation of lawn mowers and similar tools or equipment;
(q) Any business, trade, or similar activity not consistent with the residential character of Fieldstone Farms;
(r) Capturing, trapping, or killing of wildlife within Fieldstone Farms, except in circumstances posing an imminent threat to the safety of persons using Fieldstone Farms;
(s) Any activities which materially disturb or destroy the vegetation, wildlife, wetlands, or air quality within Fieldstone Farms or which use excessive amounts of water or which result in unreasonable levels of sound or light pollution;
(t) Conversion of any carport or garage to finished space for use as an apartment or other integral part of the living area in any residence;
(u) Operation of motorized vehicles, including but not limited to motorcycles, all-terrain vehicles and go-carts, or watercraft, such as jet skis and motor boats (but not including watercraft with small electric or non-combustible engines), on pathways, trails, waterways or bodies of water within Fieldstone Farms; and
(v) Any construction, erection, placement, or modification of any thing, permanently or temporarily, on the outside portions of a residence, such as signs, basketball hoops, swing sets and similar sports and play equipment; clotheslines; garbage cans; woodpiles; above ground swimming pools; docks, piers and similar structures, except in strict compliance with the provisions of Community Documents.
5. Prohibited Conditions. The following shall be prohibited at Fieldstone Farms unless otherwise permitted under the Community Documents:
(a) Plants, animals, devices, or other things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of Fieldstone Farms;
(b) Structures, equipment, or other items on the exterior portions of a residence which have become rusty, dilapidated, or otherwise fallen into disrepair; and
(c) sprinkler or irrigation systems or wells of any type which draw upon water from lakes, creeks, streams, rivers, ponds, wetlands, canals, or other ground or surface waters within Fieldstone Farms.
6. Leasing of Residences. All leases for a residence in Fieldstone Farms shall be in writing. Notice of any lease, together with such additional information as may be required by the board of directors of the association, shall be given to the board by an owner of a residence within ten (10) days of execution of such lease. Any lessor must make available to the lessee copies of the Community Documents and any other applicable documents relating to Fieldstone Farms.
7. Neighborhoods. Fieldstone Farms is a mixed-use neighborhood consisting of different types of housing and as such contains separate neighborhoods based on the type of housing structure and the form of ownership of such housing. During the first phase of the development of Fieldstone Farms there shall be three neighborhoods-. -)-
These neighborhoods are as follows:
1. Estate Homes/Single-Family Homes
2. Townhomes/Condominiums; and
3. Patio homes/Condominiums