Bay Country Estates Homeowners Association, Inc.
Architectural Control Committee
October, 1990
Dear Resident:
The Architectural Control Committee of the Bay Country Estates Homeowners Association, Inc. is pleased to present you with Guidelines designed to assist you in applying for exterior alterations and improvements to your property. These Guidelines are the result of many meetings, discussions and debate among the members of the Architectural Committee who are your neighbors and friends. These Guidelines have also been reviewed and approved by the Board of Directors of this Association. The overall goal of these Guidelines is to assist in keeping Bay Country Estates an upscale, attractive and desirable residential community in which to live, and to foster a pride in the appearance of this community. It is hoped that their use will provide practical means of accomplishing this goal. This guidebook should become a part of the important documents that might be passed on to any future owners of your property, as you would other important papers, such as the Covenants. The objectives of the Architectural Committee are to protect and preserve the quality of the community environment while offering the greatest possible freedom in use of one’s property under the provisions of the Covenants and the Guidelines. The Committee also acts as advisors to the Board of Directors on architectural matters. Questions may be directed to any member of the Architectural Committee. We ask for your cooperation.
We welcome your suggestions.
Thank you.
CHAIRMAN, ARCHITECTURAL CONTROL COMMITTEE
INTRODUCTION
I. Architectural Control and the Covenants
First of all, covenants are one of the many documents you should have received at the time of settlement on your property. It is important that you take the time to read and understand that document. More importantly, the covenants are a binding legal obligation between the homeowners’ association and all of its residents. Our covenants assure the residents of appropriate standards for land use, architectural design and property management throughout the community. The covenants, along with the articles of incorporation and bylaws provide for your membership in the Bay Country Estates Homeowners Association, Inc., and establish the mechanism for the operation of this Association.
The covenants “run with the land” as part of your deed of ownership. The covenants are a contract between the Association, as represented by its elected Board of Directors and the residents, and between each resident and every other resident. Thus, when dealing with the covenants and the architectural review process, you will be dealing with your neighbors and friends.
Because of the legal, contractual nature of the covenants, it is important that all exterior alterations or improvements to residential properties covered by the Covenants be approved by the Architectural Control Committee (ACC). If an alteration or improvement is made without approval, it incurs the risk of legal action in order to compel modifications required by the ACC. Such legal action may cloud the title on the resident’s property. A future sale may then be impossible because of a seller’s inability to obtain clear title, until architectural approval is obtained and all liens are satisfied.
It is the intention of the ACC to assist in every way to obtain the fullest enjoyment of your private property and the community’s common property, while being consistent with your obligation to your neighbors and ultimately all of the residents in Bay Country.
II. Why Have Architectural Guidelines?
The covenants, in many areas, are very broad in scope and give few, if any, specifics upon which to approve or disapprove applications. This leaves the total burden of decisions in these matters on the ACC. Approval/disapproval is then based on the personal opinions of the ACC serving at that time. As ACC members change, so might attitudes and opinions providing for a tremendous inconsistency in what is and is not approved from year to year. Additionally, a homeowner does not have any idea how well received his/her application may be by a particular committee group.
Guidelines provide both the community at large, as well as the ACC, with specifics as to what is considered reasonable and acceptable or not, while still allowing the ACC enough flexibility to apply the specifics to the variety of applications which will be filed with the ACC. Although this guideline document is not a legal document, it will be used as a standard by the ACC in approving or disapproving applications for alterations or improvements. Hopefully, these guidelines will provide continuity in these areas from year to year.
The architectural covenants are designed to prevent obvious excesses and abuses, while affording flexibility and allowing personal tastes in utilizing one’s property. The ACC exists to allow the individual property owner to enjoy his property rights, express his personal interests, and at the same time positively relate to the immediate and larger community environment.
III. The Architectural Review and Approval Process
The bylaws provide for the appointment of an Architectural Control Committee (ACC) and gives this committee full power to approve or disapprove plans. All final decisions are made by the ACC members, who are appointed by the Board of Directors. The ACC consists of a Chairman (President of the Board of Directors) and at least two additional members.
When considering making an exterior alteration or improvement to your property, you should first consult the Covenants and Guidelines. They will tell you whether an application is required and will assist you in finalizing your plans based on the required specifications and information.
An application form is included at the end of this booklet. Please make your own copies as needed. Additional application forms are also available from any of the members of the ACC. Be sure that your application is complete and clear, and that it has been signed. Submit your application early. The covenants allow 45 days for review of an application. In most cases, the review process will be completed in less time. Approval of an exterior alteration and/or improvement by the Committee does not relieve the homeowner of obtaining any and all required Anne Arundel County permits.
When your application is received by the ACC, it will be assigned a number and you will be given a receipt. Your application will be reviewed by each member of the ACC. The Board of Directors is kept informed on a regular basis of all applications received and the status of the review. In some instances, after review of your application by the ACC, one or more of the ACC members may contact you directly to ask questions about the information on your application or, if necessary, will view the site to see exactly where the alteration/improvement will be on your property. In cases where the ACC denies approval, the homeowner will be contacted and may be asked to modify his plans or to resubmit. In each of these instances, the ACC will be glad to work with the homeowner to suggest ways to make his plans acceptable to the ACC.
In the event of a denial, the homeowner may appeal the decision to the Board of Directors by sending a written request for a review or reconsideration. The Board will then review and discuss the homeowners’ appeal and a vote will be taken. The Board of Directors decision will be considered final.
All approved exterior alterations or improvements must be completed within 1 year (this includes the removal of all construction material and debris). Completed alterations or improvements may be inspected by any member of the ACC or any member of the Board of Directors.
IV. Covenant Enforcement
Alleged violations of the Covenants may be reported, in writing, by any resident of Bay Country Estates to the Board of Directors. When complaints are brought to the attention of the Board, they will be investigated as promptly as possible. If the subject of a complaint is found to be a violation, the property owner will be contacted and asked to correct the problem, either by removal of the violation or submission of an application, or by repair in the case of a maintenance problem.
If initial contact does not result in action, the property owner will receive formal notification requesting action. If the problem is not corrected within the stipulated time, legal action will be initiated as set forth in the Covenants.
V. FINAL NOTE
The Guidelines will tell you what is most likely to be approved in typical circumstances. Special circumstances regarding your property may allow the approval of an application which might be denied at another location, or the denial of one which might be approved elsewhere. The fact that a plan similar to your own has been approved for use at another location does not mean that yours will automatically be approved.
Failure to address topics other than those listed on the following pages does not imply that it is either allowed or disallowed, and an application must be submitted.
GENERAL STATEMENT
The original architectural character or theme of any residential dwelling should remain compatible within itself and to others around it. Once the character is established, whether it is traditional, contemporary, etc., no portion should be changed or added to which would conflict with or change that character.
1. Any modification, addition or structure as defined in the Covenants, not specifically covered by Guidelines 1 through 27, requires approval by the Architectural Control Committee (ACC). Written approval is required for all exterior alterations to the dwelling or property, except where specifically excluded by these guidelines. Building alterations include, but are not limited to, construction of garages, tool/storage buildings, porches, rooms, decks, fences, driveways and other additions or modifications to the home and/or property. The proposed structure must be compatible with the original structure and in keeping with the existing lot size.
2. Maintenance items require approval only if the original colors, shades or materials are changed. Colors for repainting a house/and or trim should be selected so that they blend with the surrounding houses and are compatible with the style of the house. This would include repainting of decks and porches also.
3. Careful selection should be made of any exterior replacement materials. These materials should match the house’s current materials as close as possible. Materials include, but are not limited to, brick, siding, and roofing.
4. Information required on all applications must include, and the ACC’s recommendation will be based upon, a certified plot plan showing the location of the proposed structure, distances from neighboring dwellings, property lines, building restriction lines and other identifiable landmarks. Additional information may be required.
5. The homeowner is responsible for obtaining all necessary Anne Arundel County building permits. Our Guidelines are in addition to the County’s requirements. If Anne Arundel County authorities require any changes to the plans as approved by the ACC, the resident is responsible for notifying the Committee of the changes prior to the construction for approval of the changes.
6. It is recommended that before digging for any project is initiated the homeowner call the appropriate utility companies to determine existing locations of underground utilities.
GUIDELINE NO. 1: DECKS, PATIOS AND PORCHES
A. An application is required for all decks, patios and porches.
B. Approval of these additions will be based on the standards set forth herein, as well as, on individual merits which include, but are not limited to the location, color, size, conformity with the design of the existing house and relationship to neighborhood dwellings.
C. A deck and/or patio must be located behind the rear line of the house not to extend within 30 feet of any property line. Pressure treated wood, cedar or redwood is encouraged.
D. A porch is considered an open-sided, screened or partially enclosed structure with a roof. Front & back porches are permitted, but care should be taken when incorporating the design of a roofed structure to the existing dwelling’s roofline. Again, the design should be in keeping with the style of the home. A front porch is expected to be built of painted lumber with the roof matching that of the existing dwelling.
E. Applications must include and the ACC’s recommendations will be based upon the following information:
1. Detailed drawings showing size, style, and conformity to the existing lines of the house with information relating to visual impact;
2. A site plan showing the relationship of the deck, patio or porch to the house, property lines, building restriction lines, and the adjacent dwellings;
3. A list of materials to be used;
4. Additional information may be required.
A. An application is required for all driveways and walkways.
B. Construction of driveways with asphalt or cement is recommended. If gravel driveways are to be used, grey stone is recommended and continued maintenance is a must. When driveway gravel dissolves to sand and dirt, new gravel must be spread.
C. No application is required for the replacement of an existing driveway or walkway, without change of materials, size, shape or grade.
D. Applications for driveways and/or walkways must include a site plan showing the dimensions of the driveway or walkway, its relationship to the property lines, the house and any existing large trees.
The style of storm doors should be in keeping with the style of your home and should match in color either adjacent trim on your home or the existing exterior door. The color of storm windows and screen windows should match the adjacent house trim. Under no circumstance shall plastic sheeting be approved.
An application is required to change the color of any gutter or downspout.
Awnings will not be approved on the front or side of any dwelling. Canvas awnings or retractable awnings on the rear of a dwelling may be approved if in keeping with the color and trim of your home. Rigid metal or steel awnings are discouraged.
Awnings will not be approved on the front or side of any dwelling. Canvas awnings or retractable awnings on the rear of a dwelling may be approved if in keeping with the color and trim of your home. Rigid metal or steel awnings are discouraged.
A. Antenna's of standard dimensions for residential use, roof mounted and/or braced against a chimney are generally approved; all other types of antennas require approval, whether roofmounted or free standing. B. Antenna's mounted in the attic are encouraged and do not require approval. C. Satellite dishes are discouraged. Any approved existing satellite dishes must be located behind the rear line of the dwelling, completely out of site of the residential street and adjacent neighbors and shielded from sight by trees or other plantings.
All exterior chimney and flue installations must be in harmony with the applicant’s house and surrounding houses. Generally, the use of masonry or siding enclosed construction is encouraged as the most architecturally appropriate style for chimneys.
A. An application is required for all newly constructed chimneys and flues. The application must include the following:
1. A description of the applicant’s house, such as architectural style, type of siding or brick;
2. A site plan showing the location of the proposed chimney and its relationship to the house, property lines and adjacent structures;
3. Detailed drawings showing exterior elevations and dimensions of the proposed chimney;
4. A detailed description of the proposed chimney or flue and the proposed exterior construction materials, to include the type and color of masonry or siding materials to be used;
5. Where there is an existing chimney or flue on the house (other than a builder-provided through-the-roof installation), provide details as in 2 through 4 for the existing chimney or flue.
B. Chimneys and flues which exit through a wall or the foundation or which run vertically along a wall should be of brick or stone masonry construction or should be boxed in with materials which match the exterior wall finish in style and color.
C. The following guidelines apply to chimneys and flues which exit through the roof:
1. The chimney and flue must be boxed in;
2. The height of the boxed-in chimney or flue shall be limited to the minimum permitted by the county building and fire codes.
D. When there is an existing chimney or flue on the house (other than the builder-provided through-the-roof installation for the heating, ventilation or air-conditioning system), the second chimney should be of the same basic materials and design at the first chimney.
An application is not required if the woodpile is located behind the rear line of the house and within the side lines of the house in order to preserve the open space vistas. Woodpiles must be stacked and maintained in an orderly fashion.
An application is required for all new exterior heating and air conditioning units, other than those installed at the time of original construction of the home or those installed as replacement units. An application is also required if the exterior unit, whether replacement or existing, is to be relocated.
A. An application is not required provided that the following conditions are met:
1. No part of the ventilator protrudes more than 1 foot above the roof surface;
2. Ventilator must be roof-mounted and located on the least visible side of the roof and should not extend above the roof ridge line;
3. If it becomes necessary to block air flow through the ventilator, this should be done from the inside of the structure.
B. All other installations require an application showing the location, style, elevation, etc., of the ventilator installation.
All types of solar collectors require an application. Due to their size, solar collectors can have a large visual impact on a structure. Therefore, it is important to properly integrate the collector into the design of the house so as to minimize visual impact. Collectors should be located to give maximum advantage to the user and not adversely impact on the overall design of the structure.
A. Large collectors on a sloping roof should appear flush with the roof. Collectors on a flat roof should be set back and concealed with a parapet unless integrated with the roof design of the structure.
B. Collectors should be constructed of glass with wood or metal trim. All trim should be painted to match the background color of the roof or house trim to conceal it. All pipe work must be concealed.
C. All applications should include the following information:
1. Drawings showing the location and elevations of the proposed collectors with respect to existing residence;
2. Site plan indicating adjacent buildings, trees, houses and proposed panel location. Critical dimensions should be shown;
3. Dimensions of the proposed collector;
4. Specifications for exterior materials;
5. Description of the energy system of which the propose collector is a part.
Note: The ACC recognizes that they are many active and passive solar applications which can be made to residences which don’t necessarily involve collectors. In almost all cases, these do involve some exterior modification of the property and are therefore subject to review under separate guidelines.
A. Exterior decorative objects include, but are not limited to such items as bird baths, wagon wheels, sculptures, figurines, fountains, ponds, free-standing poles of all types, flag poles, etc., and items attached to approved structures. An application is required for all permanent exterior decorative objects. Exterior decorative items of a non-permanent nature will also be subject to review by the ACC. Exterior decorative objects such as those herein listed should be kept to a minimum and the ACC reserves the right to require removal of excessive items.
B. Decorative objects will be evaluated on such criteria as siting, proportion, color and appropriateness to surrounding environment.
C. Permanent exterior lighting poles & fixtures require an application except where the pole or fixture is being replaced. Replacements should be of a like style. All exterior lighting must be installed and directed so as not to shine in an annoying manner on adjacent properties.
A. An application is not required for customary planting of individual trees, bushes (unless used as a privacy hedge), foundation plants, annual or perennial beds or ground covers.
B. An application is not required for small rock gardens. Rocks used in this type of application must be left in their natural color.
C. It is recommended that plantings be arranged in clusters or groups rather than in straight lines. Cluster plantings give a natural effect which is in harmony with the general plan of the community.
D. An application is required for all other landscaping, including, but not limited to:
1. Any planting used as a fence, hedge or windbreak, or for screening purposes, whether on the property line or elsewhere;
2. Removal of any tree over 1 foot in diameter. Replacement is strongly encouraged. No application is required for the removal of dead trees;
3. Landscaping which involves a change of grading or slope, or installation of a retaining wall or other structure;
4. Any landscaping, plantings, etc, which cover or exceed 25$ of an individual’s property, as in the case of a small grove of fruit trees;
5. Hedging which meets or exceeds the front line of any house. Furthermore, no hedging will be permitted on any front property line.
A. An application is required for all types and sizes of general tool/storage sheds and other outbuildings, including detached garage structures. Open carport-type structures will not be approved.
B. These structures must be located behind the rear line of the house and must be 30 feet from the side and rear property lines. However, if a more desirable location is required because of an unusual lot, the Committee will give it consideration.
C. The materials and colors used should be the same as the existing house or complimentary to the materials and color of the existing house. Natural wood, aluminum and vinyl siding which compliment the existing house are preferable. Roofing on any outbuildings should match the color of the roof on the existing house. Metal sheds and outbuildings are discouraged, but if approved, must be maintained and not allowed to rust or deteriorate. If necessary, the Committee can require removal of a deteriorating structure.
D. Consideration of the individual lot and size, slope of the property, selected location, the site lines of the adjacent homes and the intended use, will all affect the decision of the Committee. Size of the outbuilding must also be in reasonable proportion to the available space and size of the existing house and in any event, outside dimensions may not exceed 400 square feet. (Example: 12’ X 18’ tool shed, 20’ X 20’ enclosed garage). Also, the height/pitch of the roof on any outbuilding must be proportionate to the overall size of the structure and should conform with the style roof on the existing home, but in no instance may exceed one story.
E. Landscaping maybe required for-screening purposes.
F. The Committee’s decisions will be based upon the following:
1. A site plan which shows the relationship of the structure to adjacent houses, property lines and other identifiable landmarks;
2. Detailed drawings or plans showing the proposed structure and all of its dimensions;
3. A list of the materials to be used, including colors and the purpose for which the structure is being built;
4. A statement of intended use, i.e., storage of lawn and garden equipment, storage of tools, etc.;
5. Additional information may be required.
The design concept of the Bay Country Estates community promotes a feeling of open space; therefore, privacy fencing of any type to enclose large portions of one’s property will not be approved, with the exception of enclosing an in-ground pool for safety purposes. Fencing should be used only when necessary and shall be done in the least obtrusive way and in a style compatible with the surroundings.
A. An application is required for all fencing.
B. Chain link (except where used for a dog run) and privacy fences (except where used to enclose a pool for safety) will not be approved.
C. Fencing should not exceed the front line of any house and in general shall not exceed the mid-point of the sides of the applicant’s house. Furthermore, no fencing will be permitted on any front property line.
D. Fencing should match and/or blend with existing adjacent fencing:
1. Approval of fences bordering on open space may be contingent upon heavy screening with plantings. Plantings which act as screening must be located on the exterior side of the fence. Under certain circumstances, approval of fences will be contingent upon adequate landscaping or screening with plantings.
E. Gates should match the fence in material, style, color and height.
F. Applications should include, and the Committee recommendations will be based upon the following information:
1. Fence style and color (natural wood is the preference);
2. Dimensions (height, length);
3. Site plan which shows the relationship of the fence to adjacent houses, open spaces, property lines and locations of proposed plantings;
4. Architectural style and color of house;
5. Types and colors of fences in the immediate area.
A privacy barrier/screen is considered to be of any permanent or semi-permanent structure which limits or eliminates viewing of a given area.
A. Privacy barriers/screens are discouraged. Plantings in staggered clusters are preferred instead of structural barriers/screens.
B. Any privacy barrier/screen must be compatible with the design of the residence.
C. Privacy barriers/screens must be located behind the rear line and within the setback lines.
D. An application is required for any proposed privacy/barrier/screen. The application must include, and the Committee recommendations will be based upon the following information:
1. Design of barrier/screen, including dimensions, materials and colors;
2. Site plan, which shows the relationship of the barrier/screen to adjacent homes, open space and property lines.
A. An application is required for all private pools, both in-ground and above-ground. Pools must also meet the minimum requirements of the Anne Arundel County code.
B. An application is not required for children’s wading pools not more than eight feet in diameter.
C. The primary factors that will be considered when evaluating an application for a pool are the size and location of the pool (must be 30 ft from the rear and side property lines), the fencing around the pool area and the grading required, landscaping to be done and the proximity to adjacent neighbors. Approval for above-ground pools will be contingent upon adequate landscaping and/or decking.
D. All pools must be located behind the rear line of the existing house, unless an unusual lot and the location of the septic system does not allow the owner to build in the customary location. The Committee will take this into consideration.
E. Landscaping and grading, as well as details of existing or proposed deck area, patios, lighting, walkways and other changes or additions to the existing property must be indicated on the application.
An application for any type of clothesline is required. Although generally discouraged, clothesline must be located behind the rear line and within the side lines of the house, but not further than 50 feet from the house. Clothesline supports of a permanent nature, i.e., those made of iron pipes set in cement, must be painted in an earthtone color. Retractable or umbrella-type clothesline must be removed or folded when not in use. At the discretion of the Committee, landscaping and/or some type of screening may be required.
A. An application is required for dog runs and dog houses.
B. Dog runs and dog houses must be located behind the rear line of the house and within the side lines of the-house (as close to the house as possible). It should be situated carefully to avoid inconvenience or nuisance to adjacent neighbors. All dog runs and dog houses must be located at least 30 feet from the side and rear property lines. Landscaping may be required for screening purposes.
C. The size of the dog runs/dog houses should be of a reasonable size to accommodate the size of the pet.
D. Fencing for dog runs should be consistent with Guideline No. 15, page 8.
E. Under no circumstances, should dog runs be used as kennels for more than two animals.
A. An application is not necessary for vegetable gardens provided the following conditions are met:
1. Located between the rear line of the house and the rear property line;
2. Its total size does not exceed 1/4 of the area described in “1” above;
3. It does not damage property below it through the flow of water onto lower property.
B. Regular maintenance is required. Vegetable gardens should be 30 feet from any property lines. At the Committee’s discretion, landscaping and/or screening may be required.
C. Plots must be located behind the rear line of the house with the exception of houses set on angles, and houses having rear property lines which abut front property lines. These will be considered on an individual basis when an application is submitted.
Since there are currently no existing “tot lots” or designated play areas on any of the open space in this community, homeowners may erect playground-type equipment on their property.
A. All play equipment must be located behind the rear line of the house and 30 feet from side property lines.
B. Equipment must be maintained. Natural wood play equipment is encouraged. Equipment of steel or aluminum material should not be allowed to rust or deteriorate.
C. Generally, swingsets and play equipment of open construction do not need an application as long as they meet the above mentioned criteria. Also, for safety purposes, swingsets should be safely secured to the ground.
D. Sandboxes do not need an application as long as they do not exceed 25 square feet in area and meet the above requirements.
An application and site plan are required for all basketball backboards and poles.
All mailboxes which meet the requirements of the United States Postal Service are approved. All carrier-supplied newspaper boxes do not need approval.
An application and site plan are required. Permanent grills and barbecues must be placed behind the rear line of the house and not located within 30 feet of the side and rear property lines. Use of "exposed" cinderblock is not considered appropriate material. Natural screening may be required.
All such vehicles must be maintained in operating condition and may not be parked on the public streets or on community open space. If covered, the cover must be kept in good repair. This guideline does not apply to any.type of commercial vehicles which are prohibited in this community.
Modifications and/or additions to an existing dwelling include, but are not limited to attached garages, enlargement of interior living space, sun rooms, etc.
A. An application is required for all such modifications and/or additions to your home.
B. The design of any additions must be consistent with the existing style, shape and size of the dwelling to be added to.
C. All exterior building materials shall be the same or of a compatible material to that used in the exterior construction of the home. Siding, roofing and trim materials must be similar. Windows and doors must be compatible with those of the existing structure. No structure shall have an exterior predominantly finished in cinderblock, stucco, tin, logs, or any unpainted, unstained or untreated lumber except where such lumber is naturally resistant to rot and insects. No non-traditional or non-conforming building materials are permitted.
D. Modifications or additions must not significantly impair the view of adjacent residences or the enjoyment and use of open space. Each application will be considered on individual merits of location, size of the lot, existing dwelling.
E. The size of a modification or addition must be proportional to the overall size of the existing dwelling. Again, each modification will be considered on individual merits.
Bay Country Estates is a community of single-family residential homes. As such:
A. No structure may be added or built which is specifically to be adapted for an in-home business or business storage.
B. No sign or other advertising relating to an in-home business shall be visible.
C. No profession or home industry shall be conducted in or on any part of a lot or in any improvement thereon which generates traffic and clientele in the community, requires storage or delivery of business products of any type or requires any type of public advertising or any type of home business that is not compatible with a high quality residential neighborhood.
It is impossible to write the guidelines necessary to cover all exterior changes.
When a guideline is not available for the project you are proposing, a complete application is required. Emphasis should be placed on proper scale, materials, color and impact on neighboring properties.
Applications should include sufficiently detailed information to permit understanding and evaluation of your proposal.