Downing Creek Community
Association
Architectural Guidelines for
Existing Homes
Issue Date: June 1, 2001
The primary purpose of the Architectural Guidelines
for Existing Homes (Architectural Guidelines) is to maintain a community that
is aesthetically pleasing atmosphere where
individual taste will not be sacrificed, but blended in such a way so that all
properties will be enhanced and their values protected.
The Declaration of Covenants and
Restrictions of the Downing Creek Community Association, (DCCA), Inc. and the
Declaration of Rights, Restrictions, Affirmative Obligations and Conditions
Applicable to all Property in Downing Creek as recorded in book 1402, pages
764-788 in Durham County outlines certain restrictions applicable to all
property in Downing Creek. These documents covenants and restrictions are referred to as the General Property Covenants of Downing
Creek.
Article VII, Architectural
Control and the General Property Covenants, Section 1 states:
No building, wall fence, swimming pool, or other structure shall be commenced,
erected, or maintained upon the Common Property or the Restricted Common
Properties, nor shall landscaping be done, nor shall any exterior addition to
an existing structure or change or alteration therein be made until the plan
and specifications therefore showing the structure, kind, shape, height,
materials, colors and location of the same shall have been submitted to and
approved in writing as to the compatibility of the external design and location
with the surrounding structures and topography by the Architectural Review
Committee and [the DCCA Board] pursuant to the provisions of the Declaration of
Rights, Restrictions, Affirmative Obligations and Conditions Applicable to all
Property in Downing Creek.
Article VII further states that an Architectural
Review Committee (ARC) be established.
The Architectural
Review Committeeis committee is to be
composed of at least three (3) but no more than eleven (11) members, all of
whom shall be appointed by the DCCA Board of Directors. One member of the DCCA
Board of Directors shall serve as liaison to the ARC.
rchitecture
Review Committee
Part I of the General
Property Covenants General Property
Covenants states that
DCCA
shall establish and amend from time to time certain objective standards and
guidelines including, but not limited to, Architectural Standards and
Construction Specifications, Uniform Sign Regulations, Uniform Mailbox
Regulations, Landscape Guidelines and Environmental Rules and Regulations as
defined hereinafter, which shall be in addition to and more restrictive than
said Conditional Use and which shall be binding on all Property Owners within
Downing Creek.
Part 1, Section 1 of the General Property Covenants
of DCCA, specifically states: No building, fence or other structure shall be
erected, placed, or altered nor shall a building permit for such improvement be
applied for any Property in Downing Creek until the proposed building plans,
specifications exterior color or finish, plot plan (showing the proposed
location of such building or structure, drives or parking), the land management
plan as described in paragraph 1 of Part II and construction schedule shall
have been approved in writing by the DCCA Board of Directors. In
addition, DCCA Board of Directors at its election may require prior written approval
of a landscape plan.
Refusal or
approval of plans, location, exterior color or finish or specifications may be
based by the DCCA Board of Directors upon any ground, including purely
aesthetic considerations, which in the sole and uncontrolled discretion of the
DCCA Board of Directors. No alteration in the exterior appearance of any
building or structure, including exterior color or finish shall be made without
like prior written approval by DCCA Board of Directors.
DCCA ARCHITECTURAL GUIDELINES
The
Architectural Guidelines are intended to provide guidance to Property Owners
who plan to modify the exterior of their property. In addition to submitting and obtaining approval from DCCA Board of Directors on the
proposed architectural modification,; the Property
Owner is also responsible for following all applicable building codes, local
ordinances and for obtaining any necessary building permits from Durham county
prior to making any modifications to existing structure such as decks,
additions, screened porches, sunroom, etc.
Property lines
and existing structures must be identified for both a building permit and for
the DCCA Architectural Modification Application (AMA). It is the Property Owner's responsibility to
locate and mark the surveyor pins prior to submitting an application form.
Good design by its nature is a
somewhat subjective process, which must
continually address unique situations.
While no two sites are alike, the Architectural Review Committee and
DCCA Board of Directors will make judgements based on adherence to the DCCA
Architectural Guidelines and will evaluate unique situations individually.
1.Property Owner must complete the
DCCA Architectural Modification Application (AMA) form. Appropriate supporting sketches, plans or
other documentation as needed or required must be attached.
1.Property Owner must make six (6)
copies of the application and documentation
and deliver them to the DCCA Property Manager.
1.The DCCA Property Manager will
distribute the Architectural Modification Application to members of the ARC.
1.Members of the ARC will review
the specifics of the proposed architectural modification(s) to ensure its
adherence to DCCA Architectural Guidelines, and will visit the site and/or
consult with the Property Owner as needed.
Please mark survey pins locations with flags or stakes for easy
reference.
1.The The ARC will meet to review applications and make its meet
to review applicationsrecommendation approve or deny the request to the DCCA Board of Directors. and make its recommendations to the
DCCA Board to approve or deny
the specific application based on its adherence to
DCCA Architectural Guidelines. The ARC may also request that
missing or additional information be provided by the Property Owner
or suggest specific modifications to the proposed
change before making its recommendation.
1.
1.The majority recommendation of
the ARC will be forwarded to the DCCA Board of Directors to vote for action.
1.Within forty-eight (48) hours of
the DCCA Board of Director’s meeting, the Property Manager
will telephone the Property Owner of the disposition of the application.
1.A written
follow up of the DCCA Board of Director’s action will be sent to Property Owner
and ARC within five (5) working days.
The ARC will schedule its meetings to parallel the
published DCCA Board of Directors meeting schedule, so that Architectural
Modification Applications can be forwarded to the DCCA Board of Directors for
action as quickly as possible.
A copy of the
DCCA Architectural Modification Application form is attached at end of this
document or can be obtained from the DCCA Property Manager.
If a Property
Owner wishes to consult with the ARC prior to hiring an architect and/or
contractor to discuss the concept/ideas about the project, please contact the
Property Manager or an ARC member to schedule a meeting time.
The approval and acceptance by
the DCCA Board of Directors, does not circumvent additional requirements, which
may be established by local ordinances.
Approvals for
architectural modifications granted prior to June 1, 2001 are grandfathered. If the Property Owner elects to make any
architectural modifications to aan existing
grandfathered element, the DCCA Board of Directors reserves right to review and
approve this change.
Additions may
have an impact on neighboring properties. Plans must be well thought out to
minimize any potential adverse effect. As a courtesy, please discuss your plans
for an addition with your neighbors.
The design of
the addition must be compatible in scale, size, character, materials and color
with the original house. Detailed drawings of the proposed addition, including
specific information about dimensions, materials, colors, and the location of
surveyor pins, lot lines and any existing structures must be attached
to the DCCA Architectural Modification Application form. Applications without
this information will not be considered .considered.
Additions must
be located in such a way as to minimize the removal of trees or changing the
topography of the property. Changes in grade or drainage must not adversely
affect adjacent properties. Under no circumstance may the addition use or infringe upon DCCA Common
Property. The ARC may require supplemental landscape treatment to compensate
for the removal of vegetation, or to soften the addition visually.
New windows
and doors should be compatible in scale, size, character, materials and color
to match or compliment the existing architecture.
Roof pitch
should be compatible with the architectural style and scale of the house and
match or compliment the original roof color and materials.
As a reminder,
additions must meet all applicable building codes and local ordinances. Any necessary building permits must be from
obtained from Durham County prior to starting any work.
Applications
for arbors must indicate where they are to be located, at the rear, the side of
the house or set back forty feet from the road. Arbors may not infringe or
interfere with neighbors' property or view.
AWNINGS
Although
awnings are not encouraged, they may be appropriate for rear yard patios and
decks.
Awnings must
be compatible with the architectural style and scale of the house. The color of
the fabric must be compatible with the existing house colors. Any exposed
frames must be painted to match the trim or the dominant color of the house.
Canvas or other retractable materials are recommended.
Decks should
be an integral part of the design and appearance of the house and consideration
should be given to the privacy of adjacent homeowners. As a courtesy, please discuss your project
with your adjacent neighbors. The size of the deck must be compatible with the
scale of the house and the yard.
Decks must be
constructed of rot resistant wood. The deck may be left to weather, stained a
natural wood color or painted to match the base and/or the trim color of the
house. Railing height and spacing must
conform to Durham County building codes. Plantings and latticework are
recommended at post foundations and under decks to screen the area under the
deck.
The application
for the construction of a deck or the modifications to an existing deck must
include detailed specifications, such as: color, post location, use of trim,
railing design, and a sketch/diagram of the project and the location of
surveyor pins, lot lines and any existing structures must be attached
to the DCCA Architectural Modification Application form. Applications without this information will
not be considered.
As a reminder,
construction of decks must meet all applicable building codes and necessary
building permits must be from obtained from Durham County prior to starting any
work.
Electric, underground fencing is recommended to
keep dogs on the Property Owner's premises.
If a dog run is to be constructed, please refer to the guidelines for
fencing. A sketch/diagram, including the location of the surveyor pins, lot
lines and existing structures must be included in the application. As a courtesy, please discuss your plans
with our neighbors.
Doghouses must
be located behind the house where they cannot be seen from the street or by
neighbors. The doghouse should be painted to match the house or left to weather
naturally. Landscaping may be required to soften the visual impact of the
doghouse. On the application form, specify the size, materials, color and
location of the doghouse.
ENCLOSED FREESTANDING STRUCTURES
Enclosed
freestanding structures such as sheds, playhouses, greenhouses should be
located in the rear yard and should not be visible from the street. When
selecting the size and location for these structures, views from the adjacent
properties must be considered. As a
courtesy, please discuss your plans with your neighbors.
Prefabricated metal storage sheds are not
permitted.
FENCING
In general,
fences detract from the open character of Downing Creek property and have both
a visual and physical impact on adjoining properties; therefore, property
owners are encouraged to use shrubs and plants (even prickly varieties) to
accomplish the purpose of a fence.
Fences shall
sit within the context of the architectural design of the house. Wooden picket
fences are preferred. Other fencing
types, designs, and materials will be considered on an individual basis in
relation to neighboring properties. The
framework (posts and stringers) supporting the fence must face the area being
enclosed.
Fences should
be located so that trees do not need to be removed. Fencing located in front of the building line will be limited to
36" in height. Fencing, which is
located within 20 feet of any house is restricted to no more than 48" in
height. This height includes but is not restricted to areas directly on the
side of a house. The maximum fence
height in the rear of the property is 72". The DCCA Board of Directors reserves the right to impose further
restrictions if the proposed fence will have an adverse impact on adjoining
property.
Wooden fences
adjacent to Downing Creek Parkway must be painted white. Fences on Common
Property are not permitted. If fences infringe on Common Property, they will be
removed at the Property Owner's expense.
A
sketch/diagram or photo of proposed fencing, including specific information
about dimensions, materials, colors, and the location of surveyor pins, lot
lines, and any existing structures must be attached to
the DCCA Architectural Modification Application form. Applications without this information will not be considered.
The following
guidelines recommended for wood fences are:
(a)All fence lumber must be
rot-resistant.
(a)Posts: 4x4 inches set in cement;
(a)Runners: 4x2 inches;
(a)Pickets: minimum of ¾ inch thick
and 2- 6 inches in width;
(a)Spacing minimum of 1-½ inches of
open space between pickets. Spacing
must conform to local
building building code
requirements.
GENERAL PROPERTY APPEARANCE AND
LANDSCAPING
Streetscape is
a term used to describe the overall visual affect of the street and is the sum
total of the effect produced by design of individual houses, supplementary
landscaping, and details such as streetlights and mailboxes. The Downing Creeks objective is
to provide continuity and identity without sacrificing individuality. Landscaping is the means that strongly
connects the house to its natural setting.
Trees that
were planted along the streets when Downing Creek was developed were standardized
to achieve enhance the streetscape
design. In order to maintain the
streetscape concept a Property Owner may not cut down these trees. If a problem
develops with one of these type trees, e.g. disease, the DCCA Board must be notified. The Property Owners must replace these trees
with the same like and kind.
GENERAL PROPERTY APPEARANCE AND
LANDSCAPING Continued
Written
notification must be submitted to Property Manager to remove any healthy tree
with a trunk diameter exceeding 6 inches within 2 feet from the ground, unless
the tree can be shown to be diseased, dead or an endangerment.
Trees or
plants that obstruct sight lines of vehicular traffic are not acceptable.
Landscaping is
intended to consist of natural components. While lawn ornaments are acceptable
accents, they should be positioned to blend into the natural features and not
draw excessive attention to themselves.
Landscape plans must be submitted to the ARC under
the following conditions: 1) a structural or alteration to the existing unit is
made, and/or, 2) a permanent, structural or decorative element is included such
as an arbor, gazebo, barbecue, in ground patio, retaining walls or walkways.
Vegetable gardens may be on the side or rear of the
property ONLY if they are unobtrusive
from the street and to adjacent property owners.
Dog owners
should be considerate of your neighbors and
their children by only letting your
dog relieve it selfthemselves in the wooded
areas and not on or directly adjacent to jogging path or other common areas by
the pool, playground or tennis courts.
Dog owners are expected to clean up after their dog droppings in the
common areas.
The General
Property Covenants, of
DCCA Part II, Land Management Controls and Part III
Additional Restrictions Affecting Open Space Areas address the following:
(a)In order to implement effective
insect, reptile, rodent and woods fire control, Property Owners must maintain
their property by mowing, removing, clearing, cutting or pruning underbrush,
weeds and other unsightly growth.
(a)Trash, garbage, sewage, sawdust
or any unsightly or offensive material may not be dumped on open space areas or
private open space areas.
(a)Each Property Owner shall
provide a screening area to conceal unsightly objects or place them out of view. One or more method including landscaping,
fences or walls may accomplish screening. These methods must conform to any
minimum requirements outlined in these Architectural Guidelines.
(a)No mobile home, trailer, tent,
boat, barn or other similar out building or structure shall be placed on any
Residential Property at any time.
To maintain
the aesthetic continuity of the streetscape, the height and lampshade style for
all lamp posts are uniform through out Downing
Creek. Lampposts must be painted
exterior white.
MAILBOXES
To maintain
the aesthetic continuity of the streetscape, all mailboxes and posts are
uniform throughout Downing Creek.
Mailboxes should be metal, copper or black and measure 21 inches long, 8
inches wide, and 10.5 inches deep. The post must be exterior white with black
numbers for the house address.
Painting the
exterior structure of a dwelling includes the colors for the siding, trim,
shutters, windows, and doors, etc.
Wood surfaces
must be painted. Exceptions are decks and related railing and fences. Stained
or natural wood finishes are not allowed for siding or trim. No masonry
surfaces may be painted.
Selected
colors must be harmonious with other colors used on the structure such as roofing
and brick, and must be harmonious with the colors used in the neighborhood.
More than 50 colors are available on the approved DCCA color palette. From time to time the color palette will be
reviewed and updated. The approved color
palette is available from the DCCA Property Manager. The colors to be used
should be listed on the application form.
If a house is
painted with the SAME colors (base,
trim, shutters, and doors), the Property Owners must complete the Architectural
Modification Application (AMA) form, list the color name or number, and check
the SAME as existing box as
applicable. The completed Submit the
completed AMA form is submitted to
the notify the DCCA Property Manager. Review by the Architectural Review Committee
and approval by DCCA Board of Directors will not be required.
If however, a Property Owner wishes to change any
of the colors (base, trim, shutters and doors), a DCCA AMA form must be
submitted, reviewed by Architectural Review Committee and approved by the DCCA
Board of Directors. Please list the
color name and number from the approved DCCA color palette available from the
DCCA Property Manger.
If the desired
paint color(s) isis not already
on the approved palette, Property Owners may request that a new color be
added. New colors must be found to be
aesthetically compatible with the existing colors on the palette. The colors
most likely to be accepted are those, which are shades from existing colors,
and colors in muted earth tones. If
the proposed color is accepted as an addition to the approved color palette,
the requesting Property Owner must provide 5 copies of the paint chip with
manufacturer and color name clearly labeled.
In addition, extra time must be allowed to process applications
requesting new colors.
Patios should
be located at the rear of the house and be compatible with the size of the
house and yard. Patios should be constructed with natural colored concrete,
slate, flagstone, brick, or wood left to weather naturally. If constructed of
stone, brick, etc., they must be set in sand.
PLAY EQUIPMENT
Play
equipment, e.g. swing sets, should be placed in the rear yard and may not be
placed on Common Property. The Property Owner should take into account the size
of the lot, the size of the equipment, material, design, and the amount of
visual screening, which may be needed in relation to adjacent properties.
For
information about playhouses, see storage sheds.
Freestanding,
mobile or fixed basketball backboards must be located a MINIMUM of fifteen (15)
feet from the curb.
Retaining
walls should be unobtrusive and compatible with the aesthetics of Downing
Creek. Materials may be brick, natural stone, square corner timbers or
concrete.
Spas/Hot tubs
must be located in the rear yard and be an integral part
of a deck, patio or landscaping. The understructure of the spa/hot tub set into
above ground decks must be screened, so they will not be seen from adjacent
properties. Mechanical equipment, pipes and wiring must be concealed.
When selecting
the size and location for a spa or hot tub, views from adjacent properties must
be considered so that the noise of the mechanical equipment does not adversely
affect adjacent properties. Visual
screening may be required. As a
courtesy, please discuss your plans with your neighbors
Above ground
swimming pools will not be approved.
Swimming pools
must located in the rear yard and away from adjacent properties. Mechanical equipment, pipes and wiring must
be concealed and located in such a way that they do not adversely affect
adjacent properties. Swimming pools
must comply with all local code and ordinance requirements.
Swimming
pools, including decks and associated security fencing must be in scale and
designed to conform to the character of the property on which they are
located. Refer to Deck and Fencing
sections within this document for specific requirements.
Please complete the appropriate section(s) below
and attach any supporting sketches, plans, photos or other documentation as
needed or as required by Architectural Guidelines. Sign and submit six (6)
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Painting Exteriors |
Please list the color name
and numbers from the approved DCCA color palette available from the DCCA
Property Manager. If the request is for
a color not on the approved DCCA color palette, paint chips that clearly show
the color name, number code and manufacturers must be provided for consideration. Check SAME as Existing, if applicable.
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