ARCHITECTURAL REVIEW COMMITTEE AND REQUIREMENTS OF CONSTRUCTION
Section 3.A. Concept. It is intended that the Subdivision development will be a residential community of high esteem and quality homes in a delightful environment. The concept of Rich Field is to provide harmony of architectural standards but not absolute conformity.
Section 3.B. Architectural Review Committee. The Architectural Review Committee (herein referred to as the “Committee”) shall be composed of not less than three (3) members and at all times, regardless of the number on the Committee during the Construction Phase of the development of the Subdivision, at least two members of the Committee shall be Approved Builders. Following the Construction Phase, at least two-thirds of the membership of the Committee shall be composed of owners of lots in the Subdivision. The Construction Phase is that period of time commencing with the completion of construction of the Subdivision and ending upon the completion of the construction of the last house in the Subdivision. Provided, however, that, except for the Approved Builders members, Developer, its successors or assigns, reserves the right to appoint the initial and successor members of the Committee, none of whom need be an owner of a lot in the Subdivision, until December 31, 1997, or until its successors or assigns elect to terminate its control of the Committee, whichever shall first occur. After terminating the control of the Committee, then the record owners of a majority of the lots in this Subdivision shall have the power, through a duly recorded written instrument, to change the membership of the Committee or to withdraw from the Committee or restore to it any of its power and duties. Neither the members of the Committee, nor its designated representatives, shall be entitled to any compensation for services performed pursuant to this covenant. A majority of the Committee may designate one or more representative to act for it.
The primary authority of the Committee shall be to examine and approve or disapprove all initial and subsequent plans, including site plans, for construction of improvements on lots within this Subdivision, in accordance with the provision of these Covenants. The Committee shall have such other responsibilities, duties and authority as provided for herein, but the Committee shall not have any responsibility, duty, power or authority not provided for herein.
Section 3.C. Plan Approval. All plans and specifications for any structure or improvement whatsoever to be erected on or moved upon or to any lot, and the proposed location thereof, all finishes, the roofs, landscaping and later changes or additions after initial approval thereof, and any remodeling, reconstruction, alternations or additions thereto on any lot shall be subject to and shall require the approval in writing of the Committee before any work is commenced. The scope of review by the Committee shall be limited to appearance only and shall not include any responsibility or authority to review for structural soundness, compliance with building or zoning codes or standards, or any other similar or dissimilar factors. Commencement of construction prior to the receipt of a Letter of Approval of the Committee, a copy of which must be signed by the builder, or owner, and returned to the Committee for retention, is strictly prohibited.
Section 3.D. Review Documents. One set of prints of the drawings and specifications (herein referred to as “plans”) for each house or other structure proposed to be constructed on each lot shall be submitted for review and approval or disapproval by the Committee. The plans submitted to the Committee shall be retained by the Committee. Said plans should be delivered to the general office of Alabama Land Locators, Inc., Auburn, Alabama, the office of Developer, or to the offices of Partridge Realty in Millbrook, Alabama, or such other location as may be designated by the Committee after termination of control as provided in Article 2.B, at least three (3) working days prior to the date construction is scheduled to commence. Each such plan must include the following:
- All plans for structures shall not be less than 1/8” = 1’ scale.
- All plans must state the elevations of all sides of the proposed structure as such sides will be after finished grading has been accomplished.
- The foundation and floor plan(s) shall show the existing grade on each elevation in order that the extent of cut and/or fill areas may be easily and clearly determined.
- All plans must include a summary, specifications list of proposed materials and samples of exterior materials, including paint or other finish samples, which cannot be adequately described and of materials with which the Committee is unfamiliar.
- After the plan for the structure is approved, the house or other structure must be staked out and such siting approved by the Committee before tree cutting or grading is done.
Section 3.E. Design Criteria, Structure.
- 3-E-1. It is the intent of the Developer to generally present a sound architectural environment; however, the exterior appearance of no two houses shall be permitted to be the same. The following types of exterior materials, among others, are acceptable, subject to final approval of the actual appearance of such materials by the Committee:
- (a) Brick
- (b) Stone
- (c) Stucco, synthetic plaster (e.g., dryvit)
- (d) Painted Wood Siding
- (e) Aluminum/Vinyl Siding
- (f) Masonite Siding
- (g) Log Siding
- (h) Natural-colored Asphalt Shingles or cedar shakes. White roofing of any material is NOT acceptable.
- (i) Paint must be approved by the Committee within 48 hours or 2 working days. White exteriors and light colors are preferred. Exceptions can be approved by the Committee.
- 3-E-2. Building Setbacks. All buildings must be at least 15 feet from any interior line and 2- feet from any road frontage. Pins for site dwelling must be in and approved by the Committee before construction may begin.
- 3-E-3. No open garage or carport is to face a neighboring yard without screening approved by the Committee.
- 3-E-4. All surfaces for driveways must be concrete and must be approved by the Committee. Each driveway shall have a culvert across the right-of-way ditch and the property owner shall regrass the right-of-way after installing the culvert and driveway. Curved driveways are preferred.
- 3-E-5. All mailboxes shall be of a standard size and design as determined by the Developer. Mailboxes will be available through Developer at a cost of $175.00.
- 3-E-6. Windows, Window Treatments and Doors.
- (A) Reflective glass shall not be permitted on the front exterior of any dwelling. No foil or other reflective materials shall be installed on any windows or used for sunscreens, blinds, shades or other purposes.
- (B) No aluminum colored windows shall be utilized on the front or sides of any dwelling. Cantilevered bay windows shall be approved by the Committee (which may require additional landscaping in front of such bay windows) Burglar bars and doors (including wrought iron doors) shall not be permitted. Screen doors shall not be used on the front or side of any dwelling. No aluminum colored doors with glass fronts (e.g., storm doors) shall be allowed on the front of any dwelling.
- (C) Appropriate window treatments shall be used on all windows. Sheets, bed linens, blankets, and paper or plastic bags are not appropriate window treatments.
- 3-E-7. All fences, including fences for back yards, swimming pools, dog pens, gardens, or for any other purpose must be approved by the Committee prior to construction. Chain link fences are permitted provided they do not extend forward beyond the rear corners of the house toward the front of the house. A chain link fence may extend forward beyond the rear corners of the house only if the fence is painted black or dark green, or is constructed of vinyl.
- 3-E-8. No sign of any kind shall be displayed to the public view on any parcel except four (4) professional signs of not more than four square feet to advertise the property for sale or rent, or a service rendered, or a builder to advertise the property during the construction and/or sales period. No signs are to be nailed to any trees. All builders’ and contractors’ signs must be removed from the lot within 90 days after the house has been sold.
- 3-E-9. The Committee reserves the right to make exceptions to architectural guidelines in the event solar heating is to be used, such exceptions to be made on a case by case basis, considering the design’s compatibility with the neighborhood.
- 3-E-10. No house shall have exterior concrete block walls or retainer walls.
Section 3.F. Construction Obligations.
- 3-F-1. During construction, all vehicles, including those delivering supplies, must enter the building site only on driveways approved by the Committee and such vehicles must be parked on the building lot where the construction is under way so as to not unnecessarily damage grass or trees outside of right-of-way.
- 3-F-2. All building debris, stumps, trees, etc. must be removed from each lot by builder as often as necessary to keep the house and lot attractive. Such debris shall not be dumped in any are of the Subdivision.
- 3-F-3. During the construction, builder must keep homes and garages clean and yards cut.
- 3-F-4. All proposed exterior decorating or redecorating, including color changes, must be approved by the Committee or its successors or assigns.
- 3-F-5. Underground Utilities. All utility lines, pipes, conduits, and wiring for electrical, gas, telephone, water, sewer, cable television, security, and any other utility service for any portion of the Subdivision shall be installed and maintained below ground.
- 3-F-6. The Committee shall have the right to establish specific requirements for the pitch of any roof and the type of roofing materials which may be utilized for any dwelling. Roof pitch on the roof sections of the house should be no less than 8/12. Gables or dormers shall have a minimum roof pitch of 11/12, unless approved by the Committee.
- 3-F-7. All utility boxes and heating and cooling equipment shall be allowed on the sides of the dwelling, provided they are screened by landscaping from viewing from the front of the house.