ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section...

46
ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR *Revised February 2020-1

Transcript of ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section...

Page 1: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES

FOR

*Revised February 2020-1

Page 2: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

2

TABLE OF CONTENTS ARTICLE I: INTRODUCTION ............................................................................................................................................... 5 ARTICLE II: ARCHITECTURAL AND DESIGN GUIDELINES ................................................................................................... 6 Section 2.01: Design Review Procedure ........................................................................................................................... 6 A: Architectural Review Process ...................................................................................................................................... 6 B: Pre-Application Procedure ........................................................................................................................................... 6 Section 2.02: Design Review Procedure ........................................................................................................................... 6 Section 2.03: Site Inspection ............................................................................................................................................ 6 Section 2.04: Review of Final Building Plans And Specifications ...................................................................................... 7 Section 2.05: Final Inspection and Construction Deposit Refund .................................................................................... 7 ARTICLE III: NO CUTTING OF MATURE TREES ................................................................................................................... 8 Section 3.01 ..................................................................................................................................................................... 8 ARTICLE IV: SITE PLANNING ............................................................................................................................................. 8 Section 4.01: Site Analysis and Siting Considerations ...................................................................................................... 8 Section 4.02: Building Envelopes and Building Setbacks ................................................................................................. 9 Section 4.03: Easements .................................................................................................................................................. 9 Section 4.04: Erosion and Sediment Controls .................................................................................................................. 9 Section 4.05: Drainage ..................................................................................................................................................... 9 ARTICLE V: ARCHITECTURAL DESIGN ............................................................................................................................... 9 Section 5.01: Architectural Style ...................................................................................................................................... 9 Section 5.02: Quality Design Features ............................................................................................................................. 9 ARTICLE VI: DESIGN CRITERIA ........................................................................................................................................ 10 Section 6.01: Dwelling Types ......................................................................................................................................... 10 Section 6.02: Dwelling Size ............................................................................................................................................ 11 Section 6.03: Maximum Dwelling Heights ..................................................................................................................... 11 Section 6.04: Ceilings ..................................................................................................................................................... 11 Section 6.05: Garages .................................................................................................................................................... 11 Section 6.06: Exterior Materials and Colors ................................................................................................................... 12 Section 6.07: Roofs ........................................................................................................................................................ 12 Section 6.08: Windows and Shutters; Doors .................................................................................................................. 12 Section 6.09: Chimneys .................................................................................................................................................. 12 Section 6.10: HVAC Equipment ...................................................................................................................................... 13 Section 6.11: Attachments; Satellite Dishes or Discs and Antennae ............................................................................. 13 Section 6.12: Mail and Newspaper Boxes ...................................................................................................................... 13 Section 6.13: Pools, Therapy Pools and Spas ................................................................................................................. 13 Section 6.14: Exterior Lighting ....................................................................................................................................... 13 Section 6.15: Docks, Piers, Boat slips and Seawalls ....................................................................................................... 13 Section 6.16: Play Equipment ........................................................................................................................................ 14 Section 6.17: Fences and Walls ...................................................................................................................................... 14 Section 6.18: Remodeling and Additions ....................................................................................................................... 14 Section 6.19: Porches and Decks ................................................................................................................................... 14

Page 3: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

3

Section 6.20: Outbuildings ............................................................................................................................................. 15 ARTICLE VII: MISCELLANEOUS MATTERS ...................................................................................................................... 15 Section 7.01: Diligent Construction ............................................................................................................................... 15 Section 7.02: Purpose and Use of Construction Deposit ............................................................................................... 15 Section 7.03: Notices ..................................................................................................................................................... 15 ARTICLE VIII: LANDSCAPE GUIDELINES .......................................................................................................................... 15 Section 8.01: General Landscape Matters ..................................................................................................................... 15 Section 8.02: “Landscape” and “Landscape Improvements” Defined ........................................................................... 16 Section 8.03: Landscape Application Submittal ............................................................................................................. 16 Section 8.04: Design Review Procedure ......................................................................................................................... 16 Section 8.05: Review of Preliminary Landscape Plans and Specifications ..................................................................... 16 Section 8.06: Final Landscape Plans and Specifications Review Procedure ................................................................... 16 Section 8.07: Required Elements of Final Landscape Plans and Specifications ............................................................. 16 Section 8.08: Failure of the ACC to Act .......................................................................................................................... 17 Section 8.09: Lot Owner Responsibility ......................................................................................................................... 18 Section 8.10: Preservation of Existing Trees .................................................................................................................. 18 Section 8.11: Owner Responsibilities ............................................................................................................................. 18 Section 8.12: Protection and Preservation Procedures for Trees Outside Lake Buffer Area ..................................................................................................................................................................... 18 Section 8.13: Tree Repair Procedures ............................................................................................................................ 18 Section 8.14: Replacement of Trees .............................................................................................................................. 18 Section 8.15: Minimum Planting Requirements ............................................................................................................ 18 Section 8.16: Distribution of Landscaping Plants on Lots .............................................................................................. 19 Section 8.17: Postponement of Planting ....................................................................................................................... 19 Section 8.18: Landscape Design Guidelines – Required Practices ................................................................................. 19 Section 8.19: Screening .................................................................................................................................................. 19 Section 8.20: Lawn Sod Location ................................................................................................................................... 19 ARTICLE IX: LANDSCAPE DESIGN GUIDELINES – RECOMMENDED PRACTICES .............................................................. 19 Section 9.01: Automatic Irrigation Systems ................................................................................................................... 19 Section 9.02: Landscape Lighting Systems ..................................................................................................................... 20 Section 9.03: Foundation Planting ................................................................................................................................. 20 Section 9.04: Corner Lots ............................................................................................................................................... 20 Section 9.05: Plant Beds and Natural Areas ................................................................................................................... 20 Section 9.06: Yards and Visual Importance .................................................................................................................... 20 ARTICLE X: LAKE BUFFER GUIDELINES ............................................................................................................................ 20 Section 10.01: Introduction ........................................................................................................................................... 20 Section 10.02: Lake Buffer Guideline Prohibitions and Restrictions .............................................................................. 20 Section 10.03: Lake Buffer Guideline Tree Requirements ............................................................................................. 20 Section 10.04: Shoreline Management .......................................................................................................................... 21 Section 10.05: Docks, Piers, and Boat slips .................................................................................................................... 21 Section 10.06: Shoreline Stabilization ............................................................................................................................ 21 ARTICLE XI: GENERAL HOMEOWNER RESPONSIBILITIES ............................................................................................... 21 Section 11.01: Disposal of Oil or Other Contaminants .................................................................................................. 21 Section 11.02: Construction Rules ................................................................................................................................. 21 Section 11.03: Construction Hours and Noise ............................................................................................................... 22 Section 11.04: Rubbish and Debris ............................................................................................................................... 22

Page 4: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

4

Section 11.05: Exterior Construction Debris .................................................................................................................. 22 Section 11.06: No Burning or Burial ............................................................................................................................... 22 Section 11.07: Street Cleaning ....................................................................................................................................... 22 Section 11.08: Silt Fences .............................................................................................................................................. 22 Section 11.09: Material Storage ..................................................................................................................................... 22 Section 11.10: Trailers .................................................................................................................................................... 22 Section 11.11: Construction Access ............................................................................................................................... 22 Section 11.12: Gravel Drives .......................................................................................................................................... 22 Section 11.13: Parking ................................................................................................................................................... 22 Section 11.14: Miscellaneous Practices ......................................................................................................................... 22 Section 11.15: Pets ......................................................................................................................................................... 23 Section 11.16: Common Areas ....................................................................................................................................... 23 Section 11.17: Accidents ................................................................................................................................................ 23 Section 11.18: Portable Chemical Toilets ....................................................................................................................... 23 Section 11.19: Speed Limit ............................................................................................................................................. 23 Section 11.20: Signs ....................................................................................................................................................... 23 Section 11.21: Property Damage ................................................................................................................................... 23 Section 11.22: General Builder Responsibilities ............................................................................................................. 23 Section 11.23: Buffer Areas and Controlling Erosion .................................................................................................... 23 ARTICLE XII: APPLICATION PROCESS ............................................................................................................................. 23 SCHEDULES .................................................................................................................................................................... 25 Schedule A: Application for Construction Approval ....................................................................................................... 25 Schedule A1: Design Review Not Accepted …………………………………………………………………………………………………………….. 27 Schedule A2: Design Review Accepted …………………………………………………………………………………………………………………….28 Schedule B: New Home Checklist .................................................................................................................................. 29 Schedule C: Construction Deposit Information Sheet .................................................................................................... 30 Schedule D: Application for Landscape Approval .......................................................................................................... 31 Schedule E: Dock & Pier Application .............................................................................................................................. 33 Schedule F: Request for Final Inspection/Deposit Refund ............................................................................................. 34 Schedule G: For Sale Signs ............................................................................................................................................. 35 Schedule H: Site Staked Inspection ................................................................................................................................ 36 Schedule I: Recommended Plant List ............................................................................................................................. 37 Schedule J: Material Specifications for Boat Docks, Piers, Boat slips, Gazebos ............................................................. 39 Schedule K: Shoreline Improvements ........................................................................................................................... 43 Schedule L: Mailbox Design ........................................................................................................................................... 44 Schedule M: Grinder Pump Installation & Annual Inspection Fee ................................................................................. 45 Schedule N: Preservation of Water Views ………………………………………………………………………………………………………………. 46

Page 5: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

5

ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES

Article I. Introduction

These Architectural, Landscape and Lake Buffer Guidelines (the “Guidelines”) have been prepared by the Architectural Control Committee (the “ACC”) for the residential community known as LakeWood (“LakeWood”). The Guidelines are contemplated in and are promulgated pursuant to that certain Declaration of Covenants, Conditions and Restrictions for LakeWood (the “Declaration”). The Guidelines consist of four components: Architectural and Design Guidelines, Landscape Guidelines, Lake Buffer Guidelines and Construction Rules, as set forth below. All defined terms used in the Guidelines, as indicated by the initial capitalization thereof, shall have the same meaning ascribed to such terms in the Declaration, unless otherwise specifically defined herein. The Guidelines shall be employed in conjunction with the Declaration. If there is an express conflict between the terms of the Declaration and the terms of the Guidelines, the terms of the Declaration shall control. IN THE EVENT GOVERNMENTAL OR QUASI-GOVERNMENTAL RULES, REGULATIONS OR REQUIREMENTS THAT ARE APPLICABLE TO LAKEWOOD ARE MORE RESTRICTIVE OR MORE STRINGENT THAN THE TERMS OF THE DECLARATION AND/OR THE TERMS OF THE GUIDELINES, THE APPLICABLE GOVERNMENTAL OR QUASI-GOVERNMENTAL RULES, REGULATIONS OR REQUIREMENTS SHALL CONTROL AND PREVAIL. OWNERS MUST COMPLY WITH APPLICABLE WATERSHED REGULATIONS, STORMWATER AND RUNOFF ORDINANCES, AND ANY APPLICABLE LAWS, AND BY SUBMITTING ITS PROPOSED IMPROVEMENTS TO THE ACC, EACH OWNER REPRESENTS THAT ANY IMPROVEMENTS COMPLY WITH APPLICABLE LAWS. DESIGN PHILOSOPHY The Guidelines have been developed to implement the design philosophy of LakeWood, namely, to blend structures, Lake Norman (the “Lake), and residents’ lifestyles into a harmonious and aesthetically pleasing residential community which places a strong emphasis on the preservation and enhancement of the natural beauty of LakeWood. The Guidelines are intended to provide direction to Lot Owners and builders in the planning, design, and construction of residences and related Improvements on Lots. It is not the purpose of the Guidelines to create look-alike residences and other Improvements or to suggest that all residences employ the same colors, styles, and materials. Rather, the primary emphasis of LakeWood is on quality of design and compatibility among all Improvements, without unduly restricting the ability of Lot Owners to exercise individuality in their choice or design of a residence and related Improvements. The authority of the ACC to approve or disapprove plans, specifications and drawings for residences and related improvements is provided by the Declaration. The Guidelines have been established to provide Lot Owners and their architects and builders with a set of parameters for (i) the preparation of plans, specifications and drawings for the construction of residences and related Improvements on Lots (the “Building Plans and Specifications”) and (ii) the preparation of plans, specifications and drawings for the installation of landscape improvements on Lots (the “Landscape Plans and Specifications”). If building in LakeWood for the first time, Lot Owners and their builders are encouraged to consult the ACC with questions regarding the application of the Guidelines to the Lot Owners’ design concepts prior to the initiation of any design work. FUTURE AMENDMENTS The ACC reserves the right to amend any or all provisions of the Guidelines at any time and from time to time, in the sole and absolute discretion of the ACC or HOA Board. VIOLATIONS Each Owner will be strictly responsible for complying with these Guidelines. Any Owner found to be in violation may be notified of the violation and required to appear before the ACC or the Board to determine if fines or other remedies will be levied. APPOINTMENT OF ACC The Board of Directors (“Board”) may, in its discretion, serve as the ACC, in which case all references to ACC shall be construed to mean the Board. Notwithstanding, the Board shall have authority to appoint an ACC whose members shall report to the Board and shall serve at the pleasure of the Board. Should the Board appoint an ACC, the ACC shall not take any act in

Page 6: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

6

contravention of the Board’s authority and in the event of any conflict between the ACC and the Board, the latter’s decision shall be controlling. The Board shall have final authority to approve, reject or modify any ACC determination, if applicable.

Article II. ARCHITECTURAL AND DESIGN GUIDELINES Section 2.01 Procedures and Approvals.

A Architectural Review Process. Prior to the commencement of any construction activity of any type (including any grading or clearing work) on any Lot, each owner must submit the application attached to these Guidelines as Schedule A, and the homeowner should also complete Schedule B, New Home Checklist, as applicable, along with all required documents as reasonably requested by the ACC (collectively, an “Application”). The ACC must receive, review and approve the Application prior to the commencement of any such work. All fees and the construction deposit must be paid to the ACC prior to the commencement of any work.

B Pre-Application Procedure. Lincoln County and its building inspection department have jurisdiction over the community at LakeWood. Each Lot Owner or a representative of each Lot Owner should contact representatives of Lincoln County and its building inspection department at the beginning of the planning and design process relative to such Owner’s Lot to ensure compliance with the rules, regulations and standards of Lincoln County. Compliance with all laws and ordinances is the obligation of each Lot Owner. Section 2.02 Design Review Procedure. Lot Owners must follow the step-by-step design review format described herein prior to commencing any construction. The ACC has established a schedule for submittal of Applications. Each Application must be submitted on Schedule A. Applications must be accompanied by a one-time processing fee (the “Processing Fee”) of Seven Hundred and No/100 Dollars ($700.00), one (1) complete set of the Building Plans and Specifications, and one (1) digital copy of complete Building Plans and Specifications. The ACC shall have thirty (30) business days to respond to the Lot Owner with its approval or denial, as described further in Section 2.04 below. The ACC shall have the right to increase the amount of the Processing Fee from time to time as stated in the Declaration and these Guidelines. The Processing Fee is intended to cover the expense incurred by the ACC and its architect or engineer, or both, in reviewing the Application. The Application, the Processing Fee, and all other materials necessary for the ACC to review Building Plans and Specifications shall be sent to/delivered to the Association’s management company or to any other party designated to review the Application. Section 2.03 Site Inspection. The primary purpose of the site inspection by the ACC is to ensure compliance with the approved Building Plans and Specifications to prevent any unnecessary damage to trees and other unique site features. (Please refer to the Landscape Guidelines, Article VIII, regarding requirements and restrictions relating to tree and vegetation protection and removal). In addition to the foregoing matters, the site inspection shall include a review of the following matters and issues:

• Building setbacks (as per stakes); • Clearing limits; • Protection of water meter and sanitary sewer boxes; • Location of construction entrances; • Location of temporary toilet; and • Location of trash containers.

Inspection by the ACC shall be made within ten (10) business days of the date the request is received by the ACC. Written authorization by the ACC to proceed with the Lot clearing and construction work will be issued to the Lot Owner or such Lot Owner’s builder by the ACC promptly after the inspection is completed or, if problems are detected during the site inspection, written notification of such problems shall be given to the Lot Owner or such Lot Owner’s builder by the ACC promptly after the

Page 7: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

7

inspection is completed. No clearing or construction activities may be commenced prior to issuance of the site inspection approval by the ACC. Failure of the ACC to Act. If the ACC fails to approve or disapprove any Application and other submittals which conform with the requirements of the Guidelines and of the Declaration within thirty (30) business days after receipt thereof, and provided such submittal was a full and complete submittal, in accordance with the Guidelines and the Declaration, of all items that were to have been submitted to the ACC, and provided the ACC shall again fail to approve or disapprove of such final Building Plans and Specifications and other submittals within ten (10) business days after additional written request, it shall be presumed that the ACC has approved the Application. No such approval shall waive or diminish any obligation of the Owner to resubmit its Application for any material changes to the Improvements set forth in its Application. The ACC is authorized to request the submission of samples of proposed construction materials. Section 2.04 Review of Final Building Plans and Specifications. Each Application shall be accompanied by one (1) complete set of final Building Plans and Specifications and one (1) complete set of digital final Building Plans and Specifications. Owners must also submit one (1) elevation with finished grade. In addition, the following items must be submitted to the ACC as a condition to the final Building Plans and Specifications review process:

• The Construction Deposit (the “Construction Deposit”), as set and determined by the ACC as of the date the final Building Plans and Specifications are submitted. The Construction Deposit is currently Two Thousand Five Hundred Dollars ($2,500.00) per Lot. The Construction Deposit shall be paid by check made payable to LakeWood Owners Association, Inc. (the “Owners Association”). The Construction Deposit will be held by the Owners Association and used for the purposes set forth herein. For damage to the Association’s common areas, the Construction Deposit may be automatically deducted to compensate the Association for costs it or its agents incur to repair damage. If the Construction Deposit is depleted in whole or in part due to damage to the common areas, the homeowner shall be responsible for replenishing the Construction Deposit to its full amount. Should any fines or assessments or any other sums be due and owing upon completion of construction and Landscape Improvements, the outstanding amounts may be deducted from the Construction Deposit prior to disbursement to the homeowner. Homeowners shall be responsible for resolving any disputes related to damage to Lots.

• The Sewer Grinder Pump installation fee (call management company for current cost) made payable to LakeWood Owner’s Association for Sewer Grinder Pump Installation. The homeowner is responsible for ensuring that the fee is paid far enough in advance to allow the Association’s approved contractor to schedule installation prior to occupancy of the residence. The Association and its agents are not responsible for any delays caused by a failure to schedule adequate time prior to installation which may result in delayed occupancy. Payment of the fee will be to the Association’s management company. The Sewer Grinder Pump installation fee may be increased or decreased from time to time.

• The Sewer Grinder Pump Annual Maintenance Fee made payable to LakeWood Owner’s Association (call management company for current price) for the annual inspection of the Individual Grinder Pump. The Sewer Grinder Pump installation fee may be increased or decreased from time to time.

The ACC shall approve, deny or request modifications to each Application within thirty (30) business days after receipt. If any Owner resubmits its Application more than a year from the original submittal of the final Building Plans and Specifications, such resubmittal shall be accompanied by another Processing Fee ($700.00); also, each resubmittal of an Application shall be accompanied by a resubmittal processing fee of Three Hundred Twenty-Five and No/100 Dollars ($325.00). The construction of approved Improvements must be promptly commenced and diligently pursued to completion, and in any event, not later than one year after approval. Any modification or change to the “Approved” Application must be submitted as set forth above along with a resubmittal processing fee of $325.00. Section 2.05 Final Inspection and Construction Deposit Refund Once all Improvements have been completed, including Landscape Improvements, a final inspection must be conducted to ensure compliance with the Application. A request must be made to the ACC in writing to conduct a final on-site inspection (see

Page 8: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

8

the attached Schedule F). The Construction Deposit will be refunded after this inspection has been conducted and the lot is deemed to be “in compliance” with approved plans and specifications, and provided that the Construction Deposit has not been utilized during the building process out outlined in Section 5.2.

Article III. MATURE TREES. Section 3.01 No Cutting Mature Trees. “Mature Trees” located upon an Owner’s Lot may not be cut down, except within the building envelope of the approved Improvements, within the portion of the Lot to be used as a driveway, or as otherwise identified on the Owner’s materials submitted for its Improvements or Landscape Improvements, without the express written approval of the ACC. The ACC may require that for each Mature Tree removed, that the Owner plant a new Mature Tree upon the Lot. “Mature trees” for purposes of these Guidelines shall mean the following: Tree Type Diameter (measured 12 inches above ground level) Evergreen 4 inches or greater Deciduous 3 inches or greater Dogwoods and other 1.5 inches or greater flowering trees The ACC shall, after notice and a hearing, deduct the sum of $500.00 from the Construction Deposit for each Mature Tree removed without prior approval. A fine of up to $100.00 per day may be imposed for each day thereafter until a Mature Tree is planted on the Lot to replace the ones cut down. If an Owner presents evidence to the ACC that the cutting of a Mature Tree occurred as a result of a bona fide mistake or for other good cause shown, then the ACC may, upon unanimous vote of the ACC members at a hearing where a quorum of the ACC is present (members who recuse themselves shall be counted for quorum purposes but shall not be counted for purposes of reaching a unanimous vote), reduce or waive the amount deducted or the amount of fines levied hereunder.

Article IV. SITE PLANNING Section 4.01 Site Analysis and Siting Considerations. The siting of a house is a critical and important design decision. The ACC shall consider each Lot independently but shall consider the impact of each individual Lot (and the Improvements proposed to be constructed thereon) on adjacent Lots and view corridors. Care must be taken to locate each structure, when and where possible, so as not to obscure views of corridors and natural amenities of the area. Consideration in this regard must be given to the following: • Topography of the Lot and other Lots in the vicinity. • Distant and intimate views from the Lot. • Distant and intimate views of the Lot from other Lots and from the Lake. • Existing vegetation type and quality. • Existing water and drainage patterns. • Driveway must be 5’ from property line and cannot line up with opposing driveway. Driveway must be a minimum of 12 feet wide, and a minimum of 16’ radius at the street. On a sideload garage the pad in front of the doors must be a minimum of 28’ wide. On a courtyard garage the pad in front of the garage doors must be a minimum of 32’ wide. • Height of proposed structures on the Lot and existing and proposed structures on adjacent Lots and other Lots in the

vicinity.

Page 9: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

9

• Setback from street to align with adjacent Lots and setback needs to be a minimum of 38’. Notwithstanding the above, each Owner understands that the factors above are considerations only and the ACC shall have discretion to consider other factors not identified above. The factors above are not exhaustive when reviewing proposed Building Plans and Specifications. Provided, however, unless otherwise approved by the ACC, no fence or wall shall be erected, placed or maintained on a Waterfront Lot which will substantially obstruct the lake view of any other Waterfront Lot. Section 4.02 Building Envelopes and Building Setbacks. The “Building Envelope” envelope is the area defined as 30 feet from the front property line, 15 feet from the side property lines, 40 feet from the rear property line, and 50 feet from the rear property line of a lakefront property. Within the Building Envelope, the residence and all other Improvements shall be located and tailored to the specific features of the particular Lot. Each residence and other above ground improvements greater than two feet in height shall be within the Building Envelope. Exceptions to this requirement include HVAC equipment, fences and privacy walls, which do not create any enclosed structure under roof, hardscape and landscape improvements, walkways and driveways. The building envelope is not intended to be completely filled with improvements and/or buildings; therefore, the ACC reserves the right to reject designs, which in its sole discretion overwhelm the building envelope. Improvements should be located to minimize disruption or disturbance to the existing natural setting, including mature trees, drainage ways, and views. As part of the review and approval of the Application, the ACC may require that the location and orientation of the house and other Improvements within the Building Envelope be modified. Provided, however, and notwithstanding the foregoing to the contrary, any approved (i) docks, piers (including any gazebos proposed to be attached thereto) and boat slips are exempt from this Building Envelope restriction, provided they are approved by the ACC in accordance with the applicable provisions herein and (ii) fireplace chimney structures projecting from the side of a dwelling may encroach no more than eighteen (18) inches into the side yard setback established by the Building Envelope. As set forth in the Declaration, the ACC shall have the right, in its sole discretion, to make exceptions to any Building Envelope to recognize any special topography, vegetation, Lot shape or dimension, or other site-related condition, provided ACC votes unanimously to approve the exception and the same is documented in writing to the homeowner. Section 4.03 Easements. Each Owner shall ensure that any Improvements are consistent with any easements affecting that Lot and the Association shall not be responsible for any Improvements damaged or removed due to placement within easements. Section 4.04 Erosion and Sediment Controls. Each Lot Owner will be responsible for any runoff or erosion caused by that Owner’s Improvements. All areas with a steep slope must have permanent landscape or hardscape to eliminate the possibility of future erosion. A slope of 3/3 will require a permanent hardscape, a slope of 2/3 will require erosion control permanent landscape. Each Owner will be responsible for ensuring that its Application complies with all local, state and federal laws and ordinances as pertain to storm water runoff and erosion. By submitting an Application, each Owner represents that the Application complies with applicable laws and ordinances. Section 4.05 Drainage. Water runoff and control is the responsibility of each Lot Owner relative to such Owner’s Lot. The water runoff shall be handled in such a manner as not to adversely affect any neighboring Lots or the Lake. Particular care must be taken on Lots fronting the Lake and other amenity areas. All roof drains shall be buried to at least five feet from the structure.

Article V. ARCHITECTURAL DESIGN Section 5.01 Architectural Style.

Page 10: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

10

It is not the intent of the Architectural and Design Guidelines to dictate a particular architectural style, but rather to provide Lot Owners and their architects with a set of guidelines that will foster an attractive community. The residential architecture at LakeWood should be consistent with the natural features of the surrounding terrain. Section 5.02 Quality Design Features. The following may be considered by the ACC when considering an Application: • Location of the residence on the Lot with minimum disruption to the Lake, natural topography, vegetation, and unique site features. • Consistency in the site planning, architecture, and Landscape Improvements. • Consistency throughout the design of the residence and other Improvements, with each element designed in proportion to the other design elements. • Colors that complement one another; approved colors will be those that do not sharply contrast. • Bay windows which extend down to grade or visual support of cantilevered conditions are preferred. When bay windows are stacked in a two- story configuration, consideration will be given to accenting of blank panels between stacked windows. • If a homeowner proposes masonry or stucco as veneer material along the front-facing façade, designs that do not give the appearance that the veneer covers more than just the front-facing façade are discouraged. The material should extend significantly along the sides of the residence to give the appearance that the material is the predominant material of the residence. • Roof slopes for the main roof with a minimum slope of eight (8) vertical to twelve (12) horizontal. Shed roof forms are discouraged. Roof shapes and configurations considerations should avoid complex, awkward, or odd roof designs. • Gutters and downspouts located along eave lines and exterior downpipes (except copper downpipes) that are painted to blend with the color of the exterior of the residence.

• Treatment or painting of roof structures, such as attic vents, plumbing vents, etc. to complement the roof shingles, or blending of flashing to complement the vertical materials. • Locations of exterior utility service connections. All electric meters and main fuse boxes must be positioned away from street view. This may be accomplished by providing an enclosed recess in the side of the dwelling or through approved Landscape Improvements and/or screening. • Painting of exposed electrical equipment, stub outs, conduit, drain lines, pipes and vents to match the color of the home. Exterior disconnects for air conditioning equipment, etc. shall be mounted at the lowest point allowed by applicable building codes. • Screening of gas meters with Landscape Improvements to conceal equipment from view.

Article VI. DESIGN CRITERIA Section 6.01 Dwelling Types. Each Lot may contain only one detached single-family private dwelling and one private garage for not less than two (2) automobiles nor more than four (4) automobiles and only such other accessory structures as are approved in advance in writing by the ACC.

Page 11: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

11

Section 6.02 Dwelling Size. The square footage requirements set forth below are for enclosed heated floor area and are exclusive of the areas in unheated basements, vaulted ceiling areas and attics, unheated porches of any type attached or detached garages, porte-cocheres and unheated storage areas, decks and patios. Any dwelling erected upon any Lot shall contain not less than the following heated floor areas:

A Waterfront Lots. Minimum Total

Minimum Ground

Style Heated Area. Floor Heated Area

1 Story 2,500 2,500

1 ½ Story 2,800 1,600

Multi-Level 3,000 1,500

B Off Water Lots. Minimum Total Minimum Ground

Style 1 Story

Heated Area 2,400

Floor Heated Area 2,400

1 ½ Story 2,600 1,500

Multi-Level 2,800 1,400

Notwithstanding for foregoing requirements, the ACC shall have the right (but not the obligation), because of restrictive topography, lot dimensions or unusual site related conditions or other reasons, to allow variances from such minimum square footage requirements of up to ten percent (10%) of such minimum footage requirements by granting a specific written variance. Section 6.03 Maximum Dwelling Height & Foundation. No Dwelling erected upon Lot shall contain more than two and one-half (2 ½) stories above ground level; provided, however the Architectural Control Committee shall have the right (but not the obligation), however of steep topography, unique Lot configuration or similar reasons, to allow Dwellings heights greater than two and one-half (2 ½) stores on rear and side elevations. All homes must be built on crawl space or basement, no pad or slab construction permitted. Section 6.04 Ceilings. Interior ceiling heights in dwellings constructed on Lots are required to be a minimum of TEN (10) feet on the first (i.e. street grade) floor and a minimum of eight (8) feet on all other floors. Section 6.05 Garages. Every house shall have an enclosed garage for not less than two (2) full sized automobiles nor more than four (4) automobiles. The usable floor space of the garage shall be a minimum of 22’ deep and 22’ wide. Garage openings may not face the front elevation street unless approved in advance in writing by the ACC; and such approval will be given by the ACC only where particular hardship would otherwise result because of Lot size, configuration, topography, or other circumstances deemed sufficient by the ACC. The ACC shall take into consideration the number of homes with similarly-placed garages (e.g. an abundance of side-load garages) and may reject a homeowner’s plans when those plans create too little diversity among nearby lots. The placement of garages and driveways has a great effect on the overall aesthetics of the street scene and on the architectural

Page 12: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

12

appeal of each specific residence. A street scene with emphasis on residences instead of garages and driveways is more visually interesting. The ACC may reject plans when the garage features too prominently. In cases where a front entry attached garage must be used, recessing the garage from the remainder of the residence diminishes the adverse impact of the front entry garage on the street view and keeps the residence from appearing to be composed of almost entirely the garage. Therefore, in cases where Lot size does not allow a side entry garage, a minimum thirty-six (36) inch offset of the front entry garage from the major façade of the house is required, and a greater recess distance [up to a maximum of ten (10) feet] is encouraged. A porte-cochere that does not extend past the major building façade and is constructed of the same building materials as part of the house, is allowed. Garage doors are required for all garages, and the garage doors must be paneled and/or detailed to provide appropriate scale. All garage doors shall have a minimum height of 8 feet. Single bay garage doors are preferred over double width garage doors. If double width garage doors are used, they are required to be of a carriage style design or similar as approved by the ACC. Front entry garages must use single-paneled doors. Carports shall not be allowed. Every home shall have sufficient parking for at least 3 full size vehicles. For a side load garage there must be a total minimum distance of thirty-three (35) feet between the garage opening and the adjacent side Lot boundary line. For Court yard garage there must be a total minimum distance of thirty-seven (37) feet between the garage opening and the adjacent side Lot boundary line Section 6.06 Exterior Materials and Colors. Exterior materials shall be a combination of brick, stucco, stone, cedar shake or horizontal siding. Homes constructed entirely of brick may be permitted upon written approval of the ACC. If a homeowner desires a brick façade, at a minimum, the brick must completely cover the front-facing façade and extend along the sides of the residence to give the appearance that the entire residence is constructed of brick, and there shall be at least one other approved material to complement the brick façade. Architectural features such as quoin-corners are encouraged. Horizontal siding must be fully back-supported to maintain a straight and even outer surface and must be fully and properly finished. The use of any vinyl siding will only be considered if used as an accent and covers no more than 25% of the front face of the house. The vinyl material used must be pre-approved by the ACC. Natural weathering of exterior wood materials is not desired. Imitation stone or brick-like materials are not permitted and may be used only upon prior written approval of the ACC. Section 6.07 Roofs. Roofs and roof pitches shall be in proportion to the overall size and shape of the house. Except as specifically approved otherwise in writing by the ACC, the minimum roof slope for the main house structure shall be eight (8) vertical to twelve (12) horizontal. Acceptable roofing materials are (i) wood shingles, (ii) wood shakes, (iii) natural or man-made slate, (iv) tile or (v) minimum twenty-five (25) year warranty variegated (not solid) color, architectural (sculpted) style, composition (fiberglass) shingles. All specific roof materials to be used must be approved in writing by the ACC. Homeowners should vary roof lines and pitches from neighboring residences to create greater diversity among lots, and to the extent feasible, residences should have multiple roof lines. Section 6.08 Windows and Shutters; Doors. Windows shall generally be the same type and style all around the house. Thermal pane windows are required, and exterior storm windows will not be permitted. Wood windows are preferred; however, vinyl windows will be considered, provided the style and profile are visually similar to wood windows. Shutters are encouraged and shall fit the proportion and shape of the windows. All window and doors need to have caps of soldier course brick jack arches, wood caps or other approved decorative treatment. Any wall 18 feet or longer must include a window or door. Section 6.09 Chimneys. Chimneys shall be full foundation based and constructed of brick, stone, stucco or other material approved in writing in advance by the ACC. Chimneys shall have a design and location, and shall be constructed of a material that is appropriate to the house (provided that fireplaces not located on exterior walls may be constructed of an alternative material if approved in advance in writing by the ACC). Exposed metal flues and wood chases shall not be used. Chimney cap covers are required for prefabricated

Page 13: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

13

metal flues. Direct vent fireplaces are not allowed if the location is a side elevation; and direct vent fireplaces shall be allowed only on the rear side of a residence constructed on an Off Water Lot (unless otherwise approved in writing by the ACC) and shall not be permitted on a front elevation or on any elevation that is visible from the Roadway(s). Section 6.10 HVAC Equipment. No air conditioning or heating equipment or apparatus shall be installed on the ground in front of, or attached to any front wall of, any residence on a Lot. Additionally, air conditioning and heating equipment and apparatus must be screened from view from streets by Landscape Improvements, as more particularly provided in the Landscape Guidelines herein. Section 6.11 Attachments; Satellite Dishes or Discs and Antennae. No permanent attachment of any kind or character whatsoever (including, but not limited to, television and radio antennae, solar energy-related systems, satellite or microwave dishes or similar improvements) shall be attached to the roof or exterior walls of any building on any Lot or otherwise placed or maintained on any Lot, unless such attachments or devices are approved in advance in writing by the ACC. Notwithstanding the above to the contrary, no radio or television transmission or reception towers, antenna, satellite dishes or discs shall be erected or maintained on any Lot, except that one (1) dish or disc not exceeding eighteen (18) inches in diameter or diagonal measurement for receiving direct broadcast satellite service (“DBS”) or multi-point distribution services (“MDS”) may be erected and maintained on each Lot. Roof-mounted dishes are permitted if they are not visible from the street fronting the house or from the lake; provided, however, that if such roof-mounted equipment is required, no antenna or related structures may be mounted on masts exceeding ten (10) feet in height above the highest roof line ridge of the house. Any dish, disc or antenna (with associated mast) shall be camouflaged and screened from view from Lake Norman and the Roadways and shall not be located in the area between the street right-of-way line and the minimum building setback lines applicable to the Lot. The location and screening of the satellite or microwave dish [which, as states, shall be eighteen (18) inches or less in diameter] must be approved in writing by the ACC prior to installation. Section 6.12 Mail and Newspaper Boxes. All mailboxes and newspaper boxes must be of a color, size and design as approved by the ACC. The size and design of all mailboxes and newspaper boxes should be identical to the design shown on Schedule L attached hereto. Section 6.13 Pools, Therapy Pools and Spas. The size, shape and setting of pools (including standard swimming pools, therapy pools and spas) must be carefully designed to be compatible with the surrounding natural and man- made environment. In locating swimming pools, therapy pools and spas, the following shall be considered:

• Indoor/Outdoor relationship;

• Proximity to the Building Envelope and location within a Lot;

• Views to and from the pool area;

• Terrain; and

• Fencing and privacy screening. Pool and pool equipment enclosures must be architecturally consistent and harmonious with the residence and other structures on the Lot in terms of their placement, mass and detail. Pools, decks and related equipment and pool and pool equipment enclosures shall be screened or located to avoid excessive noise and create privacy. Section 6.14 Exterior Lighting. Exterior lighting must not result in excessive glare and must not interfere with the privacy of nearby dwellings. Section 6.15 Docks, Piers, Boat slips and Seawalls.

Page 14: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

14

Subject to approval by Duke Energy Corporation, the Owner of each Waterfront Lot will be permitted to construct and install one pier within the Pier Zone for such Waterfront Lot. The location of the Pier Zone for each Waterfront Lot is identified and described in the Declaration. The pier, dock, boat slip(s) and boat(s) for each Waterfront Lot shall be located entirely within the Pier Zone. No Owner shall have the right to construct more than one pier in front of a single Waterfront Lot. The design, color, dimensions and materials of piers (including any gazebos proposed to be attached thereto), docks, boat slips and seawalls must be approved in advance in writing by the ACC. The design, color, dimensions and materials of all piers (including gazebos), docks and boat slips should be substantially similar to the standards set forth in Schedule J attached hereto. Piers (including gazebos), docks, boat slips and seawalls must be constructed of new materials. Generally, any waterfront improvement should have a low profile and open design to minimize obstruction of neighbor’s views. Double-level boathouses or docks are prohibited. Piers, docks, boat slips and seawalls should be located and constructed to minimize grading and clearing of vegetation at or near waterfront areas. The use of rip-rap, bulkheading or other shoreline stabilization methods or materials may not be initiated without approval by Duke Energy Corporation, all applicable governmental and/or quasi-governmental authorities, and the ACC. The point of access of a pier, dock or boat slip and any site disturbance or clearing associated with its placement or construction must be submitted to the ACC (as well as any and all applicable governmental and/or quasi- governmental authorities, as the case may be) for written approval along with the Application. It is the Owner’s responsibility to obtain any permits or approvals required in connection with any pier, dock, boat slip or seawall and any access thereto. Section 6.16 Play Equipment. Unless part of a Common Area, swing sets and similar outdoor play structures and equipment must be located where they will have a minimum impact on adjacent Lots. Such play equipment shall be located in the middle third of the Lot. Section 6.17 Fences and Walls. The location, materials, size and design of all fences and walls must be approved in advance in writing by the ACC prior to installation. Chain link or welded sire fencing will not be permitted, except as same may be installed within the Common Areas by the Declarant or the Owners Association. Once an approved fence or wall has been erected on a side Lot boundary line which is a common boundary line with another Lot, that approved fence or wall design and material(s) will be the only approved fence or wall design and material(s) that may be erected on that common Lot line. No double fencing will be allowed on side or rear Lot lines. No fence or wall (including for this purpose densely planted hedges, rows or similar landscape barriers) can extend or be located forward of the rear corners of the residence (unless otherwise approved in advance in writing by the ACC). No fence or wall shall be erected, placed or maintained on a Lot in a location that will substantially obstruct views of the Lake. Fences and walls shall not exceed six (6) feet in height. Section 6.18 Remodeling and Additions. A Lot Owner desiring to remodel existing Improvements and/or to construct additions to existing Improvements is required to follow the Guidelines to the same extent as if such remodeling or addition were new construction. Section 6.19 Porches and Decks. Porches and decks shall be designed with railing, flooring and support posts meeting applicable building code requirements. Individual deck columns must be constructed of two, six by six (6” x 6”) treated posts placed side by side with a three-inch (3”) gap, or one eight by eight (8” x 8”) treated posted, or single masonry piers. Porches and decks may not be constructed outside

Page 15: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

15

of the building envelope setbacks unless approved in writing by the ACC. Section 6.20 Outbuildings. The construction and location of outbuildings (gazebo, potting shed, storage shed, statues, gates, playhouses, etc.) shall be subject to the review and approval of the ACC. Wherever possible, buildings should be oriented so that access is indirect and their opening does not face the street. If feasible, improvements will be located in areas that do not obstruct views of the lake.

Article VII. MISCELLANEOUS MATTERS Section 7.01 Diligent Construction. All improvements to be constructed on a Lot must be completed within one (1) year, unless a longer time is approved in writing by the ACC. Section 7.02 Purpose and Use of Construction Deposit. The Construction Deposit that is required to be paid to the ACC by each Lot Owner pursuant to these Guidelines herein shall be used for such purposes as may be determined by the ACC to repair damage to the common areas caused by construction, including but not limited to, maintenance of the streets and curbs. The ACC shall give an Owner prior notice that the ACC intends to apply that Owner’s Construction Deposit to repair damaged property for which the Association is responsible to maintain. Upon the completion of all Improvements and all Landscape Improvements and the performance of all other obligations by an Owner pursuant to the terms of the Guidelines and the Declaration, the ACC shall return to such Owner the unused portion of such Owner’s Construction Deposit. In the event the ACC expends sums in excess of the Owner’s Construction Deposit, the Owner shall pay the balance to the ACC within twenty (20) business days of notice thereof. All interest earned on the Construction Deposit shall be credited to and retained by the ACC. Section 7.03 Notices. Each notice, document or submittal (collectively, “notice”) required or permitted to be given under the Guidelines must be given in compliance with the requirements of this section. Each notice shall be in writing. Any notice to be given to the ACC shall be deemed to have been duly served and to be effective only when a receipt acknowledging such delivery (such as a registered mail, overnight express service or hand delivery receipt) is signed by a member or authorized representative of the ACC. The address of the ACC for delivery of notices hereunder shall be the Association’s management company, or at such other place(s) as may be designated by the Association in writing. Any notice to be given to an Owner shall be deemed delivered within three business days after being placed in the outgoing mail, at such address provided by the Owner in the Application. Notices may also be hand-delivered or emailed or faxed to Owners. Either the ACC or an Owner may change its address (or facsimile number, as the case may be) for notices hereunder by written notice to the other party.

Article VIII. LANDSCAPE GUIDELINES Section 8.01 General Landscape Matters Goals and Objectives These Landscape Guidelines have been prepared for use by all Lot Owners and their builders, contractors, architects and landscape architects who are involved in making site improvements to Lots in the LakeWood community. Adherence to the Landscape Guidelines by all such parties will help ensure the continued success of LakeWood as a premiere residential community of the highest caliber. Extensive time and resources have been, and will continue to be, invested to create a high-quality living environment at LakeWood. The specific objectives of the Landscape Guidelines are to: Provide minimum standards for the installation of Landscape Improvements and associated site Improvements within Lots at

Page 16: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

16

LakeWood. Establish criteria to ensure visual continuity in the Landscape Improvements at LakeWood. Present clear, concise, and enforceable guidelines for the installation and maintenance of Landscape Improvements at LakeWood. Section 8.02 “Landscape” and “Landscape Improvements” Defined. For the purposes of the Guidelines, and to distinguish landscape elements from other site structural elements (which are governed by the separate Architectural and Design Guidelines), “Landscape” shall be deemed to be the combination of existing and introduced plant material and all of the land area within each Lot located outside the boundaries of the envelope of the house. As used in the Guidelines, “Landscape Improvements” include, but are not limited to, trees, shrubs, ground covers, annual and perennial flowers, turf grasses, mulches, irrigation and landscape lighting systems, and similar existing and introduced Improvements. Section 8.03 Landscape Application Submittal. Prior to the commencement of the construction of the exterior veneer on any residence, an Application for Landscape Plans and Specifications Approval (the form of which is attached hereto as Schedule D) must be submitted by the lot Owner or such Owner’s designated agent to the ACC. The ACC must receive, review and approve the information and documentation required to be submitted under the section herein entitled “Final Landscape Plans and Specifications Review Procedure” prior to the commencement of any such Landscape work. Section 8.04 Design Review Procedure. The successful completion of the landscape review process under the Landscape Guidelines will be facilitated by reviewing and complying with the requirements outlined in the Landscape Guidelines and by reviewing and following the landscape review procedure described herein. The Landscape Plans and Specifications Review Application, the Landscape Plans and Specifications and all other materials necessary for the ACC to review the Landscape Plans and Specifications shall be sent to the Association’s management company, or at such other place(s) as may be designated by the Association in writing. Section 8.05 Review of Preliminary Landscape Plans and Specifications. The ACC may refuse to approve preliminary Landscape Plans and Specifications, or any component(s) thereof, for any reason or reasons, including purely aesthetic reasons, in the sole discretion of the ACC. Section 8.06 Final Landscape Plans and Specifications Review Procedure. Prior to the commencement of construction of the exterior veneer on any residence, the Owner must submit its Application for its landscape plans. The Construction Deposit may be applied to any damage to LakeWood’s common areas because of damage caused by the Owner’s landscaping. The ACC shall approve, deny or request modifications to each Application within thirty (30) business days after receipt. All Landscape and Landscape Improvements must be completed within one year. Any failure to timely submit the landscape application or complete the landscape improvements within the times set forth herein may result in fines up to $100.00 per day per violation, along with any other relief available to the Association. The ACC shall require the Lot Owner to pay an additional review fee in connection with any submittal of modifications or changes to previously approved Landscape Application. Section 8.07 Required Elements of Final Landscape Plans and Specifications.

Page 17: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

17

All final Landscape Applications shall include the following:

§ A blueprint with accurate boundaries of the Lot.

§ Lot number within the LakeWood community.

§ Scale of the drawing(s) (along with an accurate North Direction) shall be shown and labeled.

§ Date of the drawing(s), including any revision dates.

§ The name, address and telephone number of the preparer of the Landscape Plans and Specifications.

§ Lot Owner’s name.

§ “Limits of Clearing and Grading Line” shall be shown exactly as it appears on the grading plan

previously submitted by the Lot Owner as part of the approved final Building Plans and Specifications.

§ Precise location of the dwelling, garage, driveway and all other structures as depicted on the

approved Building Plans and Specifications for the Lot.

§ Precise location of all exterior doors and windows on the first floor/ground level of the dwelling.

§ Precise location of driveways, walkways, decks, and steps, screened porches, gazebos, swimming (or other) pools, fountains, spas/hot tubs, fences and gates, garden walls sculptures, sundials, bird houses, basketball goals, play equipment/swing sets, storage structures, retaining and freestanding walls, etc.

§ Location of all proposed new Landscape Improvements, clearly labeled and indicating the species

and quantities. Show all lawn areas as “lawn seed” or “lawn sod”.

§ Plant list/planting schedule listing all proposed plant material, quantities, their common name and their botanical/scientific name, their height and size at the time of planting, and any special or notable distinguishing characteristics.

§ Location of gas and electric meters, location of heating, ventilating and air conditioning units and pool equipment/pump or other utility-related equipment and apparatus.

§ All plants shown on the final Landscape Plans and Specifications are assumed to be scheduled for

installation in the initial planting of the Lot. Any plants to be installed in a later phase (i.e., following the initial planting of the Lot) must be clearly labeled to that effect on the final Landscape Plans and Specifications and in the plant list that constitute a part of the final Landscape Plans and Specifications.

§ The type(s) of mulch material(s) to be used and their location(s) must be clearly indicated.

The ACC may require an Owner to submit additional information as reasonably requested to review the Landscape Application. Section 8.08 Failure of the ACC to Act. If the ACC fails to approve or disapprove any Application and other submittals which conform with the Landscape requirements of the Guidelines and of the Declaration within thirty (30) business days after receipt thereof, and provided such submittal was a full and complete submittal, in accordance with the Guidelines and the Declaration, of all required items, and provided the ACC shall again fail to approve or disapprove of such final Building Plans and Specifications and other submittals within ten (10) business days after additional written request, it shall be conclusively presumed that the ACC has approved the Application. No

Page 18: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

18

such approval shall waive or diminish any obligation of the Owner to resubmit its Application for any material changes to the Improvements set forth in its Application. Section 8.09 Lot Owner Responsibility. Each Lot Owner is responsible for making those individuals acting on behalf of such Lot Owner aware of the requirements contained herein relating to the approved Application. Section 8.10 Preservation of Existing Trees. The existing trees at LakeWood are prized natural amenity which add value to the community. Lot Owners and home builders and contractors of the Lot Owners must preserve and protect this valuable resource during the course of construction. Section 8.11 Owner Responsibilities. Each Owner shall be responsible for ensuring that its general contractors and subcontractors adhere to the requirements of the provisions in the Guidelines (including the provisions in the Lake Buffer Guidelines) pertaining to the protection and preservation of existing trees. The Construction Deposit will be retained by the ACC if, in the sole discretion of the ACC, the provisions in the Guidelines (including the provisions in the Lake Buffer Guidelines) pertaining to the protection and preservation of existing trees are not followed and result in the destruction of or severe damage to otherwise healthy and desirable existing vegetation. Section 8.12 Protection and Preservation Procedures for Trees Outside Lake Buffer Area. Lot Owners are required to notify the ACC prior to removal of any mature trees located outside of the Building Envelope. Section 8.13 Tree Repair Procedures. Lot Owners will treat and repair any mature trees that are harmed during the construction process, except for those trees located within the Building Envelope which may be removed during construction. Section 8.14 Replacement of Trees. Absent prior written approval from the ACC allowing an Owner to remove a mature tree outside of the Building Envelope, any mature tree that is killed during the course of construction shall be replaced by the Owner with a mature tree in a comparable location. Owners who fail to replace removed trees within a timely manner may be subject to fines as permitted by the Association’s governing documents and applicable law. Section 8.15 Minimum Planting Requirements. A Recommended Plant List is attached hereto as Schedule I. There shall be a required minimum expenditure for initial Landscape Improvements to be installed on each Lot within the LakeWood community. Such minimum expenditures shall include the costs for complete Landscape Improvements installation, including reasonable and customary labor charges. Minimum Expenditures Required for Initial Landscape Improvements. Each Lot Owner shall ensure that each Lot is properly landscaped consistent with neighborhood standards. Landscaping must include a combination of trees, shrubs, ground cover plants, annual flowers, perennials, lawn sod (as provided below) and at least three (3) inches of mulch or pine needles on all disturbed areas not receiving lawn sod and/or seed. Lawn sod is required in the front yard areas and side yard areas on all Lots. Additional landscaping may be required for corner Lots to ensure that all portions of those Lots along streets are adequately landscaped consistent with neighborhood standards. An automatic irrigation system is required.

Page 19: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

19

Section 8.16 Distribution of Landscaping Plants on Lots. On all Lots (other than corner Lots), eighty percent (80%) of the plant material (i.e., trees, shrubs, annual flowers, etc.) installed in the planting of the initial Landscape Improvements shall be located in the front yard and foundation plantings must extend to the rear corner of the home on both side yards. On corner Lots, ninety percent (90%) of the plant material installed in the planting of the initial Landscape Improvements (i) shall be located in the front yard and to the rear corner of the house of the “non-street facing” side yard and (ii) shall extend fully around the “street facing” side yard to the rear property line and to the point which is ten (10) feet beyond the rear corner of the Dwelling. An Owner shall consult with the ACC if any question arises as to the distribution of landscaping required herein. Section 8.17 Postponement of Planting. The ACC may, in its sole discretion, grant a Lot Owner a postponement of the initial Landscape Improvements planting. A written request for such postponement must be submitted to the ACC. Generally, postponements of the initial Landscape Improvements planting will be considered only for weather-related reasons. Such a postponement, when granted by the ACC, in no way releases the Lot Owner from the obligation to install the initial Landscape Improvements at the earliest time that weather permits and, in all events, not later than the time set forth in the ACC’s written postponement. Section 8.18 Landscape Design Guidelines – Required Practices. The following guidelines shall be followed by all Lot Owners and the builders, contractors, subcontractors, and architects of the Lot Owners when planning for and installing Landscape Improvements on Lots within LakeWood. These guidelines contain specific required practices and techniques for creating an aesthetically pleasing landscape. Section 8.19 Screening of HVAC Units, Utility Meters, Utility Transformers, Outside Refuse Containers, Etc. All heating, ventilating, and air conditioning units, utility meters, electric utility transformer boxes, swimming pool pump equipment, permitted satellite or microwave dishes and similar equipment, apparatus and fixtures on each Lot, including all refuse containers stored outdoors, must be screened from view from street and from the Lake and from neighboring Lots. Plants used as screening should be maintained by the Lot Owner so that the equipment, apparatus or fixture being screened is accessible (wherever possible) by service personnel and/or meter readers. Plant materials for this purpose shall be installed and have a minimum height of 30 inches tall after planting evergreen only. Section 8.20 Lawn Sod Location. As set forth above, lawn sod must be installed on all front yards and all side yards of all Lots. Front yard sod shall extend to the rear corners of the house.

Article IX. LANDSCAPE DESIGN GUIDELINES – RECOMMENDED PRACTICES The following guidelines are recommended to be followed by all Lot Owners and the builders, contractors, subcontractors, and architects of the Lot Owners when planning for and installing Landscape Improvements on Lots within LakeWood. These guidelines contain specific recommended practices and techniques for creating an aesthetically pleasing landscape. Section 9.01 Automatic Irrigation Systems. Unless approved in writing by the ACC, automatic irrigation systems are required and must cover all newly planted sod, seed, flowers, shrubs, tree’s etc. Section 9.02 Landscape Lighting Systems. Landscape lighting systems shall be designed, installed and operated to enhance the architecture of the house and/or landscaping. Landscape lighting shall be confined to the Owner’s Lot only, and no direct illumination from such landscape lighting shall encroach onto any other Lot or any other location beyond the boundaries of such Owner’s Lot.

Page 20: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

20

Section 9.03 Foundation Planting. Homeowners should consider the location of plantings adjacent to the home’s foundation such that windows will not be blocked and the house will be accessible for maintenance purposes. Homeowners should consider plants that will not shed leaves during colder months. Section 9.04 Corner Lots. Corner Lots shall treat both facades or elevations of the house which face the streets as “public” sides of the house and shall select plantings accordingly. Section 9.05 Plant Beds and Natural Areas. A natural area / featured area is a required element on all landscape plans. Plant beds and natural areas shall be maintained in good condition, free from weeds, sticks and the like, and replenished as needed with mulch or pine needles to prevent bare spots. Section 9.06 Yards and Visual Importance. Owners must ensure that yards are well maintained and kept in good condition free from weeds and debris, and trees, hedges and bushes will be periodically pruned or trimmed to maintain an orderly appearance.

Article X. LAKE BUFFER GUIDELINES Section 10.01 Introduction In order to ensure the natural beauty and the recreational benefits of the Lake and to help preserve the quality of water in the Lake, the ACC has prepared the following Lake Buffer Guidelines for LakeWood: The Lake Buffer Guidelines provide for a “Lake Buffer” which is 50-foot minimum distance setback from the full pond contour elevation along the entire shoreline of the Lake, within the boundaries of LakeWood as noted on the final plat. The area within the Lake Buffer compose the “Lake Buffer Areas”. The LakeWood project is also under the jurisdiction of The North Carolina Catawba Buffer Rules which is administered by the North Carolina Department of Environmental Health and Natural Resources (NCDENR), and each Lot Owner shall be responsible for ensuring that his or her Lot complies with applicable laws and regulations, including laws and regulations pertaining to stormwater and erosion. The Association shall not be responsible for ensuring compliance and homeowners will indemnify and hold harmless the Association, its successors and assigns with respect to compliance with such laws and regulations. The event of any conflict with these Guidelines, the Declaration and any applicable laws or regulations, the laws or regulations shall control. Mature trees within the Lake Buffer Areas may not be removed unless dead or diseased. Mature trees are defined, within the Lake Buffer Areas, are defined in Section III.1. Section 10.02 Lake Buffer Guideline Prohibitions and Restrictions: Homeowners shall ensure that any grass, improvements and plantings are permitted by applicable laws and regulations prior to submission to the ACC. The ACC will not be responsible, in any respect, for determining whether a homeowner’s plans comply with any law or regulation. Homeowners must receive all necessary approvals prior to submission of boathouses or other improvements that will be located in the lake or within any buffer. Section 10.03 Lake Buffer Guideline Tree Requirements:

Page 21: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

21

Tree pruning within the Lake Buffer Areas is allowed by removing only lateral links from the lower fifty percent of the tree’s height. Topping is not allowed. Planting of additional trees, shrubs, groundcovers and perennials within Lake Buffer Areas may be approved. Section 10.04 Shoreline Management. The design, color, location, dimensions and materials of docks, piers, boat slips, mooring posts, seawalls, and any other structure or improvement constructed adjacent to or appurtenant to a Waterfront Lot or otherwise within the boundary of Lake Norman must be approved in advance in writing by the ACC. By submitting his or her plans to the ACC, the Owner affirms that he or she has obtained all permits or approvals required from Duke Energy Corporation and/or other applicable agencies or government bodies. Generally, any waterfront improvement should have a low profile and open design to minimize obstruction of neighbors’ views. Enclosed or two-level docks and enclosed or two-level boathouses will not be allowed. To limit the visual intrusion of the built environment on the Lake, individual docks, piers, and/or boat slips will be allowed to have only one (1) roof structure. Section 10.05 Docks, Piers, and Boat slips. ACC Approval and the Construction Deposit is required prior to the installation of any dock, pier, or boat slip within the LakeWood community (see Schedule C & E attached hereto). Docks, piers, and boat slips must be located within the recorded pier zone and constructed to minimize grading and clearing of vegetation at or near waterfront areas. The point of access of a dock, pier or boat slip and any site disturbance or clearing associated with its placement or construction must be submitted to the ACC for approval. Docks, piers, and boat slips must be constructed of new materials, and must be compatible in style with other improvements on the Lot (see Schedule J). Vertical Elements: Vertical members are required to be made of treated lumber. No vinyl or plastic members are permitted. Handrails: Treated Lumber, Metal, or Vinyl Type materials are permitted, as long as they conform to the style and type of dock improvements utilized throughout. Marine style rope may also be considered. Roofs: Shingle as well as metal roofs are permitted. Each individual dock or pier will be limited to one roof structure. Section 10.06 Shoreline Stabilization. Methods of shoreline stabilization will be limited to riprap, seawalls, and or planting of “emergent” grasses which will grow in fluctuating water levels. All methods must be approved by Duke Power and NCDENR, prior to submittal of an Application to the ACC.

Article XI. GENERAL HOMEOWNER RESPONSIBILITIES Section 11.01 Disposal of Oil Or Other Contaminants. Disposal of spent oil, chemicals (household cleaners, paint thinner, etc.), or other solids or liquids with the potential for damage into the storm drainage system or on the ground near the Lake Buffer Areas is prohibited. In addition to the specific regulations, the homeowner is encouraged to avoid the excessive use of fertilizers, pesticides or herbicides and to avoid land disturbing activities immediately adjacent to Lake Buffer Areas. Section 11.02 Construction Rules. These construction rules (collectively the “Construction Rules”) shall apply to all lot Owners and their builders, and any reference herein to an Owner shall also apply to the Owner’s builder and subcontractors. All Owners shall abide by the Construction Rules and such other rules as the Board and/or the ACC may establish from time to time. Owners will be

Page 22: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

22

responsible for ensuring that any builders are provided a copy of these Construction Rules prior to commencement of any construction. Violators may, after a warning and hearing, be fined accordingly. Section 11.03 Construction Hours and Noise. All construction activities must be conducted and all deliveries must be made from 7:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 4:00 p.m. on Saturdays. No construction is to be performed on Sundays. No construction activities shall be conducted and no deliveries shall be made on July 4th, Labor Day, Thanksgiving Day, Christmas Day or New Year’s Day. No loud radios or loud noise (other than normal construction noise) will be allowed within the community during construction. The foregoing hours will not apply to emergencies. Section 11.04 Rubbish and Debris. In order to maintain a neat and orderly appearance at all times throughout LakeWood, the following rubbish and debris rules must be strictly followed: Section 11.05 Exterior Construction Debris. At the end of daily construction, all lightweight construction debris, such as roofing paper, insulation bags, foam sheathing, polyethylene, etc., must be placed in a silt fence pen, enclosed containers or removed from the Lot. At the end of daily construction, all larger construction debris must be gathered into neat piles. All debris must be regularly taken off the Lot and out of LakeWood, leaving the pens, or dumpster, and the Lot free of excess debris. Section 11.06 No Burning or Burial. Burning or burial of construction debris or vegetation is prohibited. Section 11.07 Street Cleaning. The Association also shall have the right, without notice, to clean up any dirt or debris on streets and common areas and to charge the cost of such clean up to the responsible Owner and to deduct such amounts from the Construction Deposit and/or assess the Owner for such costs. Section 11.08 Silt Fences. Silt fences and/or other devices for sedimentation control shall be installed where necessary in accordance with law. Section 11.09 Material Storage. No construction materials, equipment or debris of any kind may be stored on any street, curb, sidewalk, on any adjacent Lots or common areas, unless first approved in writing by the ACC. Section 11.10 Trailers. No construction office trailers may be placed, erected or allowed to remain on any Lot or in any other area in LakeWood, unless first approved in writing by the ACC. Section 11.11 Construction Access. All construction access shall be confined to the approved driveway for the Lot, unless the ACC approves in writing an alternate construction entrance. Section 11.12 Gravel Drives. Prior to the commencement of construction on a Lot, the Owner of such Lot or such Owner’s contractor shall provide a gravel drive in accordance with these Guidelines. Section 11.13 Parking. All vehicles and equipment must be parked so as not to impede traffic or damage common areas. No vehicles (trucks, vans, cars, trailers, construction equipment, etc.) may be left parked on any streets within LakeWood overnight. Construction vehicles may be left on the gravel drive of a Lot (and no other portion) overnight only if additional use of the vehicle will be made within the following three (3) business days. Construction vehicles and workers must park on the street (not on the road shoulder) in front of or adjacent to the Lot or on the gravel driveway during the day. Section 11.14 Miscellaneous Practices. The following practices are prohibited at LakeWood:

• Servicing construction vehicles or construction equipment.

• Allowing concrete suppliers and contractors to clean their equipment within LakeWood unless first approved by the ACC in writing.

• Carrying and/or discharging any type of firearms, except by law enforcement officials and security personnel.

Page 23: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

23

• Disposing cigarette butts or other trash on the Lot, on other Lots or in common areas.

• Spilling or discharging hazardous materials. If spills or discharge does occur, it is the responsibility of that Owner to

properly clean up the spill. The Owner will be responsible for any costs incurred by the Association. Any spills or discharges must be reported to the Association in writing immediately.

• Damaging common areas, including any common areas consisting of stormwater drainage and erosion control.

• Damaging or altering shorelines except with required governmental and LakeWood approval.

Section 11.15 Pets. Builder and contractor personnel may not bring pets into LakeWood. Section 11.16 Common Areas. Except with the prior written permission of the ACC, builder and contractor personnel are not allowed in the Common Areas, and no construction access will be allowed across the Common Areas. Section 11.17 Accidents. The Association shall be notified immediately of any accidents, injuries or other emergency occurrences. Section 11.18 Portable Chemical Toilets. An enclosed and regularly serviced portable chemical toilet must be provided at each residence under construction and must be located in as inconspicuous a location as possible (or such location as is otherwise approved by the ACC). Section 11.19 Speed Limit. The established speed limit within the LakeWood community is twenty-five miles per hour (25 mph) for all vehicles. Section 11.20 Signs. A metal for sale sign may be installed on any lot, vacant or with a house under construction or completed, the size not to exceed 18 inches x 24 inches. Said sign shall be installed on the front of the lot on a metal stake. In the case of a builder purchasing a lot, the sign may state “build to suit” with the builder’s name, but may not exceed 18 inches x 24 inches. The sign shall be substantially the same as set forth on Schedule G. In addition, a builder sign may be installed on any lot, once the Application has been approved in writing by the ACC. This sign may identify the builder and the sign shall not exceed 18 inches x 24 inches. Builder signs shall be the same color and style as set forth on Schedule G. Once a house is under construction, there may be a builder sign and a real estate for sale sign, both of which must adhere to the sizes specified above. No other signs may be erected or placed on any lot except in compliance with the Declaration. Section 11.21 Property Damage. Any damage to common areas, including but not limited to streets and curbs, water meters or boxes, drainage inlets, street lights, street markers, mailboxes, walls, fences, etc. shall be deducted from the Construction Deposit or assessed to the Owner. If any telephone, cable TV, electrical, water or other utility lines are cut, it is the Owner’s obligation to report such an accident within thirty (30) minutes to appropriate utility company personnel; and any costs incurred in connection with repairing such damage shall be borne by the responsible party. Section 11.22 General Builder Responsibilities. Builders are required to supervise subcontractors and employees to adhere to these Guidelines. Section 11.23 Buffer Areas and Controlling Erosion. Builders are encouraged to develop Lot plans which preserve natural wooded areas as required herein. Alignment of utilities and access should be planned to avoid damaging mature trees. Owners or their builders must adhere to impervious lot requirements set by governing bodies or by Duke Energy.

Article XII. Application Process

For all construction or improvements, each Owner is required to submit to the ACC:

Page 24: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

24

• The applicable Application(s) below. • Building plans and specifications (1 hard copy and 1 electronic copy). • $700 architect fee • Within 30 business days, or if 30 business days shall have passed with no ACC response, within 10 business days after

the Owner provides a follow-up request, the ACC shall respond in writing to:

o Approve the Application; or o Deny the Application; or o Request additional information to allow the Board to make a determination.

Prior to commencement of construction, the Owner must deliver to the ACC: • The Construction Deposit. • The Grinder Pump Inspection Fee. Prior to submittal of the Landscape Improvements: • The Grinder Pump Installation Fee must be paid to the Association’s management company. The homeowner will be

responsible for ensuring that the fee is paid in enough time to ensure that the contractor approved by the Association to install the grinder pump has sufficient time to complete construction prior to occupancy. The Association and its agents will not be responsible for any delay caused by a failure to complete construction prior to occupancy.

Following completion of any construction or improvements: • Owner must provide notice to the ACC to request disbursement of the Construction Deposit and to inform that ACC

that construction is completed. • The ACC shall return the Construction Deposit, less any amounts deducted, to the Owner within 30 business days after

delivery of the Owner’s notice.

**If plans are changed, owner needs to start process all over, including another check for $325 to pay the architect to review new plans.

Page 25: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

25

SCHEDULE A

Application for Construction Approval Lot Number: ________________________ Lot Owner Name: _____________________________________________________Date____________ Address: _____________________________________________________________________________ Home: __________________________ Cell: _________________________ Other: __________________ Email: ______________________________________________________________________________ Builder Name: _________________________________________________________________________ Office _________________________ Cell: ________________________ Other: ___________________ Email: ________________________________________________________________________________ Materials Color a. Foundation ______________________________________________________ b. Primary Exterior Veneer ______________________________________________________ c. Secondary Exterior Veneer ______________________________________________________ d. Exterior Trim ______________________________________________________ e. Front Door ______________________________________________________ f. Shutters ______________________________________________________ g. Garage Door ______________________________________________________ h. Roof ______________________________________________________ i. Windows ______________________________________________________ j. Driveway, Walkway ______________________________________________________ k. Columns ______________________________________________________ l. Fascia ______________________________________________________ m. Roof Structures/Vents ______________________________________________________ n. Gutter/Downspouts ______________________________________________________ o. Other ______________________________________________________ Site Plan (1"= 40') Specific Items that must be shown:

• House and other Improvements (garage, decks, patios, play equipment, out buildings, etc. • Front, rear, side yard setbacks dimensioned, and utility easements as shown on recorded plat • Depictions of fences and walls, including dimensions, materials and colors • Depictions of driveways and walkways, including their locations relative to the Lot boundaries and Improvements • Final house elevations, all sides • Final construction plans and specifications

II. Heated Finished Square Footage Unheated Square Footage

Page 26: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

26

_________ 1st Floor __________ 1st Floor _________ 2nd Floor __________ 2nd Floor _________ Basement __________ Basement _________ Garage, decks, porches, other __________ Garage, decks, porches, other _________TOTAL __________ TOTAL

Ceiling Heights _______1st floor, ______2nd floor _______basement Roof pitch(es)___________________________________________________________ Exterior Elevation(s) with finished grade ____________________________________ Estimated Start Date_____________________ Estimated Completion Date_____________________ If items are not decided, list them here or attach exhibits showing these items: By submitting this Application, the applicant certifies that I have contacted Lincoln County Building Inspection Department and my house plans do comply with all applicable Laws, Rules, Codes, Standards and Regulations. I further certify that all Schedule A pre-approved samples, plans, diagrams, designs, changes, etc. will be built as approved, unless the ACC approves a change in writing. By submitting this Application, the ACC/Board will review solely as to aesthetic compatibility with the Declaration and these Guidelines, and for no other purpose whatsoever. I agree to hold harmless and indemnify the ACC, the Board and the Association from any and all liabilities, claims, losses, damages and expenses connected with the improvements or construction of the improvements. Signature: _______________________________ Date: _______________________ No Construction may begin without written authorization by the Board. The ACC will review the Owner’s Application and respond within 30 business days. If no response is received within 30 business days, the Owner will be responsible for sending a notice to the ACC, and the ACC will have 10 business days thereafter to respond. The ACC may request or require changes.

Page 27: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

27

Schedule A1 – Design Review Not Approved

Lakewood, Denver, NC

Lot Number _______ Owner/Builder Name ___________________________________ Date ____________ ACC Required changes for plans and specs: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ACC Requested changes for plans and specs: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Your plans and samples have been returned to Hecht Property Management for you to use to respond back to the ACC. If samples have been approved, you may keep those. Refer questions to the HOA manager for Lakewood at Hecht Property Management.

Page 28: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

28

Schedule A2 – Design Review Approved

Lakewood, Denver, NC

Lot Number ________ Owner/Builder Name ________________________________ Date ______________ _____ Your Design Review has been approved. Please submit Schedule C to Hecht Property Management. ACC Approved by ___________________________________________ Date ________________

Page 29: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

29

Schedule B

New Home Checklist Step 1: Approval process:

o Schedule A (Preliminary Design Approval) o Materials & Samples (if requested by the ACC) o Building plans - one hard copy and one digital copy o Architect fee (includes landscape architect fee) (Contact Management Company for current cost) o ACC Review procedures:

o Respond within 30 business days, and if no response provided, homeowner must provide additional 10-business days’ notice

o Plans distributed to ACC members o Plans sent to Architect

o Comments, questions or concerns sent to Lot Owner o Document on Schedule A

o Schedule ACC Meeting o Invitation to lot owner/builder to attend ACC meeting o Meeting

§ ACC may approve, deny, or make recommendations Step 2: Prior to commencement of construction:

o Schedule C (Construction Deposit Sheet) o $2,500.00 Construction Deposit o ACC meeting scheduled (as needed) o Schedule Lot Inspection o Inspection of lot (Schedule H) – to be scheduled within 10 business days of homeowner’s request o Clear lot o Inspection of lot (See Site Cleared Inspection Checklist – Schedule H) o Request Inspection once home is framed o Inspection to ensure home has been built to plans **If plans are denied or changed, owner must restart the process, including another check for $325 to pay the architect

to review new plans. Step 3: Prior to completion of veneer (i.e. outer surface of home):

o Submission of Landscape Improvements (Schedule D) o ACC responds within 30 business days whether to approve, deny or recommend changes to homeowner o Meeting scheduled with homeowner

Step 4: Prior to occupancy:

Deliver to Management Company:

o Grinder Fee (Contact Management Company for current cost) (homeowner will be responsible for ensuring that all construction is completed prior to occupancy and prior to installation of Landscape Improvements)

o Grinder Pump Inspection Fee (Contact Management Company for current cost) Step 5: Following completion of construction:

o Schedule F (Final Inspection/Deposit Refund) o Schedule final walkthrough

Page 30: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

30

SCHEDULE C

Construction deposit information sheet Construction Deposit Amount: $2,500.00 (MUST BE SUBMITTED PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION) Date: _____________________________ Owner’s Name: _____________________________ Owner’s Address: _____________________________ Owner’s Fax: _____________________________ Owner’s Phone: _____________________________ Builder’s Name: _____________________________ Builder’s Address: _____________________________ Builder’s Fax: _____________________________ Builder’s Phone: _____________________________ Owners must contact the ACC in writing after construction is complete to inform the ACC that construction is complete and to request a return of the Construction Deposit, less any amounts deducted from the deposit as set forth in the Guidelines. Owner, by acknowledging below, understands that the purpose of the Construction Deposit is to remedy damage to common areas or violations of the Declaration or Guidelines resulting from construction activities. The Association shall not be responsible for ensuring that any construction is in accordance with any law, ordinance or custom. Each Owner shall indemnify the Association, its directors and members for any loss or damage suffered because of that Owner’s construction activities or violations of any law or ordinance. Owner’s Signature**: ________________________________________________________________________ Date: ___________________________ **Should any person sign on behalf of an Owner, that person certifies that the Owner has authorized that person to sign on the Owner’s behalf. Owners shall be strictly responsible for ensuring that all construction activities comply with the Declaration and with the Guidelines. ACC Use Only: Construction Escrow Utilized:

Date Reason Amount 1 __________ ________________________________________________________ _______________ 2 __________ ________________________________________________________ _______________ 3 __________ ________________________________________________________ _______________ 4 __________ ________________________________________________________ _______________

Page 31: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

31

SCHEDULE D

Application for Landscape Approval

No Landscape or Landscape Improvements may begin without written authorization by the Board.

The ACC will review the Owner’s Application and respond within 30 business days. If no response is received within 30 business days, the Owner will be responsible for sending a notice to the ACC, and the ACC will have 10 business days thereafter to respond. The ACC may request or require changes. Lot Number: ________ Lot Owner Name: _____________________________________________________Date____________ Address: _____________________________________________________________________________ Home: __________________________ Cell: _________________________ Other: __________________ Email: ______________________________________________________________________________ Builder Name: _________________________________________________________________________ Office: _________________________ Cell: ________________________ Other: ___________________ Email: ________________________________________________________________________________ Note: All pertinent information as outlined in the Landscape Guidelines shall be included on the plan submission prior to plan review consideration This landscape plan is submitted for: ________ Preliminary ___________ Final ____________ Upgraded Review ACC Plan Review: The following action was taken subsequent to plan review: ________Approved with the condition that all plants be installed as represented on the approved plan without additions, deletions, or size modifications, unless approved in writing by the ACC. ________Contingent Approval – The plan as submitted does not meet the requirements of the ACC, however approval will be given if the following required changes are made in full: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ __________Disapproved (revise and resubmit plans) for the following reasons: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Reviewed and Approved By: Advisory Design Professional: By: __________________________________________________ Date: ___________________________ Lakewood ACC By: __________________________________________________Date: ___________________________

Page 32: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

32

ACC Site Review after landscape installation: Final Review ________________Approved _________________________Disapproved Reason for Disapproval: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Inspection Date: _______________________________Inspected by: ____________________________________________ ______________Approved___________________Disapproved Must make the following changes to be approved: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Page 33: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

33

SCHEDULE E

Dock & Pier Application

Lot Number: ________ Lot Owner Name: _____________________________________________________Date____________ Address: _____________________________________________________________________________ Home: __________________________ Cell: _________________________ Other: __________________ Email: ______________________________________________________________________________ Builder Name: _________________________________________________________________________ Office _________________________ Cell: ________________________ Other: ___________________ Email: ________________________________________________________________________________ Site Plan (1"= 40') Specific Items that must be shown: Dock, pier or boat slip location Materials to be used along with their color Roofing material Elevation of dock, pier or boat slip Estimated Start Date_____________________ Estimated Completion Date_____________________ If items are not decided, list them here or attach exhibits showing these items: Homeowner certifies that I have contacted Lincoln County Building Inspection Department and my house plans do comply with all applicable Laws, Rules, Codes, Standards and Regulations, including shoreline stabilization requirements. Homeowner further certify that all samples, plans, diagrams, designs, changes, etc. are firm and expected to be built identified herein or on any attachments. Any changes require this Application to be resubmitted in entirety along with any required re-submittal fee. No Construction may begin without written authorization by the Board. The ACC will review the Owner’s Application and respond within 30 business days. If no response is received within 30 business days, the Owner will be responsible for sending a notice to the ACC, and the ACC will have 10 business days thereafter to respond. The ACC may request or require changes.

Page 34: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

34

SCHEDULE F

Request for Final Inspection / Deposit Refund Lot Number: ___________________ Date: ___________________ Owner Name: ___________________ Check Payable To: ___________________ Address:

Phone / Fax:

Requested Date of Inspection: I do hereby certify in good faith that the construction complies with the LakeWood ACC requirements and standards and the final plans as approved by the Architectural Control Committee. All site work, landscaping, cleaning, and other construction or landscaping activities are complete. If any damage occurred, I have disclosed the same to the ACC previously or will attach with this Deposit Refund an itemized list of those items damaged within the subdivision. Owner’s signature: ____________________________ Date: __________________

ACC use:

Page 35: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

35

SCHEDULE G

Sign Source in Huntersville 704.948.9119

Page 36: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

36

SCHEDULE H

Site Inspections

Staked Inspection

o Lot owner requests inspection (Inspection must be done within 10 business days of request) o Setup ACC Inspection o Notify lot owner o Consult Section 2 of ACC Guidelines

o Checklist:

o Building setbacks (as per stakes) o Lake Buffer Area Location (as per stakes) o Side Yards (as per stakes) o Clearing limits o Protection of water meter and sanitary sewer boxes

o Discuss where the following may go:

o Location of construction entrances o Placement of excavation materials o Location of temporary toilet o Location of trash containers o Erosion Control Measures

Site Cleared Inspection List

o Lot owner requests inspection (Inspection must be done within 10 business days of request) o Setup ACC Inspection o Notify lot owner o Consult Section 2 of ACC Guidelines

o Checklist:

o Building setbacks (as per stakes) o Lake Buffer Area Location (as per stakes) o Side Yards (as per stakes) o Clearing limits o Protection of water meter and sanitary sewer boxes

o Discuss where the following may go:

o Location of construction entrances o Placement of excavation materials o Location of temporary toilet o Location of trash containers o Erosion Control Measures

Page 37: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

37

SCHEDULE I

Recommended Plant List

The following are recommended plants within the Subdivision:

Street Trees/Shade Trees: Red Maple, October Glory, Sunset, Autumn Flame Water Oak Legacy Sugar Maple Purpleleaf Beech Southern Red Oak Linden (Littleleaf, American) European Mountain Ash Bloodgood London Planetree Ginko Biloba (male only) Zelkova Shumard Oak Willow Oak Chinese Elm

Large-Maturing Evergreen Trees: Deodar Cedar American Holly Southern Magnolia Cryptomeria Japonica (protected) Austrian Pine Loblolly Pine Norway Spruce Nellie R. Stevens Holly Fosters Holly Emily Bruner Holly Pyramidal Arborvitac Savannah Holly Bald Cypress

Accent Trees (Flowering): Kwanzan Cherry Viburnum Apulus (Japanese Snowball) Yoshino Cherry Crape Myrtle species Okame Cherry Weeping Japanese Cherry Sourwood White Dogwood Vitex (Chase Tree) Kousa Dogwood Styrax Japonica (Japanese Snowbell) Pink Dogwood Smoketree Red Dogwood Crabapple (improved varieties) Pagoda Tree Washington Hawthorn Purpleleaf Plum Eastern Redbud Saucer Magnolia Star Magnolia Sweetbay Magnolia White Fringetree Witch Hazel Amelanchier (protected) Golden-rain Tree Golden-chan Tree Accent Trees (nonflowering): Black Gum Chinese Pistache Wax Myrtle Bloodgood Japanese Maple Green Japanese Maple Amur Maple Trident Maple American Hornbeam Thorniess Honey Locust Heritage River Birch Carolina Cherry Laurel

Evergreen Shrubs: Holly Species (i.e., Dwarf Burford Holly, Compacta Boxwood Holly, Helleir Holly, etc. Euonymus Species Ligustrum Species Pieris Rhododendron Species (Carolina, Catawba, etc.) Aucuba Azalea Camellia Japonica (protected) Laurel "species" Gardenia (protected) Camellia Sasanqua (protected) Juniper Species Cypress and False Cypress Species Plum Yew

Page 38: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

38

Nandina Species Cleyera Japonica Was Myrtle Osthmanthus "species" Cotoneaster Species (Bearberry, Rockspray) Inkberry Abelia Mahonia Lorapetalum Dwarf India Hawthorn

Deciduous Shrubs: Althea Barberry Species Spirea Species Burning Bush Euonymus Butterfly Bush Fortythia Flowering Quince Shrub Roses Hydrangea "species" Viburnum Species Sweetspice Mock Orange Dwarf Crape Myrtle Weigela Azalea

Groundcovers and Vines: Periwinkle Pachysandra Euonymus Fortunei "coloratus" Asian Jasmine Shore Juniper Sarcoccoca Lirope Mondo Grass Santolina Lady Banks Rose Ajuga Carolina Jessamine Ferns Celmantis "species"

Perennials: Sedum Species (Autumn Joy, etc.) Rudbeckia Coreopsis Daylily Species Iris Hosta Species Balloon Flower Croal Bells Liatris Ferns Primrose Monarda Coneflower Shasta Daisy Verbena Lillies Dianthus Sage Ornamental Grasses Aster Chrysanthemum

Page 39: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

39

SCHEDULE J

Materials Specifications For Docks, Boats, Piers, Boat slips And Gazebos

Page 40: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

40

SECTION THRU PIER

scale : ½ “ = 1’-0”

Page 41: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

41

SECTION THRU PIER

Page 42: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

42

SECTION THRU PIER

Page 43: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

43

SCHEDULE K

Shoreline Improvements

Page 44: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

44

SCHEDULE L

Mailbox Design The Lexington http://www.carolinamailboxes.com/lexington.html Carolina Mailboxes 327-C West Tremont Ave. Charlotte, NC 28203 Toll Free in the US: 877-845-0850 Fax number: 704-334-3363 [email protected]

Page 45: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

45

SCHEDULE M

Grinder Pump Installation & Annual Inspection Fee Lot Number ___________ Owner Name _________________________________________Date ___________ Check for Grinder pump and installation (Call Management Company for current price) Check for Grinder pump inspection fee (Call Management Company for current price) **It is the lot owner’s responsibility to contact the Association’s management company to schedule the grinder pump installation. Under no circumstances will the Association, the Board, any management company or the ACC be responsible for delays in occupancy or any other damages incurred by the Owner related to the installation of the grinder pump. Owners must ensure that it has scheduled sufficient time for the construction of the grinder pump. **

Page 46: ARCHITECTURAL, LANDSCAPE AND LAKE BUFFER GUIDELINES FOR - Home … · 2020. 6. 24. · Section 6.06: Exterior Materials and Colors ... New Home Checklist ... choice or design of a

46

Schedule N Preservation of Water Views

For example, in the accompanying figure, Building Envelopes are shown with

shading; Lines A and B are at 45-degree angles from the rear corners of the Lot 2 Building Envelope; and Lines C and D extend from the rear corners of the Lot 2 Building Envelope through the closest rear corners of the Lots 1 and 3 Building Envelopes. The smallest area between any opposing lines is the area between opposing Lines A and D. Therefore, the Primary View from Lot 2 is the area between Lines A and D.

Line A D B

Lake C

Lot 1 Lot 2 Lot 3