Architectural Guidelines
1. Introduction
1.1. Applicability
This guide to Rules and Regulations (“Guide”) is adopted to the Articles of Incorporation, and the Declaration of Covenants, Conditions and Restriction, (“Declaration”). These documents provide for the establishments of reasonable rules and regulations concerning the use of individual lots and common areas. The Architectural Review Committee (“ARC”) serves as representatives of the Board of Directors (“Board”) while enforcing the Guide. Compliance with this Guide is required, but is not the sole basis for review or approval, nor does it guarantee approval of any application. In reviewing each application, the ARC may consider any factors it deems relevant. Decisions may be based purely on aesthetic considerations. Each owner acknowledges that the determinations as to such matters are purely subjective in nature and that the opinions may vary as to the desirability and attractiveness of a proposed addition or modification.
1.2. Purpose
This document is not intended to replace the Declaration, but to clarify the process by which homeowners may customize and modify the exterior presentations of their homes and/or lots. The intent is to provide consistent guidance to owners regarding requirements for additions and modifications to property in the community, and matters of particular concerns to the ARC when considering applications for approval of such conditions and modifications. Additionally, the Guide sets forth various restrictions on other matters to community standards and the overall appearance of the property of the community.
1.3. Application and Review Process (modified September 2018)
Unless otherwise specifically exempted by the Declaration or the Guide, each and every proposed exterior modification/addition to residential units or lots requires the approval of the ARC. (modified September 2018) Each resident is responsible for submitting one request per modification through our community's website at the following link:
This is also available using the menu tabs in our website found under "ARC" -> "ARC Request Form". Please read and follow these instructions carefully when making your submission:
1. Fill out everything that is required. In the description include (IN DETAIL):
Intent and Extent of Project Scope
Location
Size
Color
Materials to be used
Contractor (if applicable)
2. Attach plans and/or drawings (CRITICAL FOR ALL PROJECTS; should include materials for pavers, retaining walls, fences, railings, decking, etc.) - Please note that ARC requests that are not accompanied with proper attachments will likely require additional review time and could require multiple rounds of approval.
3. Attach a copy of property survey with proposed change/additions shown (REQUIRED FOR ALL SUBMISSIONS REQUIRING ADDITIONS TO EXTERIOR). Please note that ARC requests that are not accompanied with proper attachments will likely require additional review time and could require multiple rounds of approval.
4. Submissions of the form authorize HOA or ARC to visually inspect your property and take pictures for its own use.
5. The committee reserves the right to request additional information to clarify the request.
6. Please allow 2 – 4 weeks for the approval process to be complete and may require additional time if project is complicated or questions concerning the project arise. (OWNER IS RESPONSIBLE TO ACCOUNT FOR THIS WHEN PLANNING PROJECT TO ALLOW PROPER TIME FOR REVIEW AND APPROVAL PRIOR TO COMMENCING)
7. Projects commenced prior to any formal ARC / Board approval are subject to modifications at no cost/expense of the Sutton Place Association, its Board, ARC Committee or members. This is the responsibility of the homeowner as required by our Governing Documents.
8. The ARC may require submission of such additional information as may be reasonably necessary to consider any application. Review of the application and notification to the applicants shall be conducted as described in the Declaration. Contact the ARC Committee at arc@suttonplacehoa.com if there is not a response within 30 days.
9. Neither the ARC Committee nor the Board is responsible for ensuring structural integrity or compliance with state and local building codes. Homeowners must obtain all necessary building permits and other government approval and comply with all local ordinances, state and federal laws that may be required for the proposed modification or addition.
10. Pre-approved items as noted in the guidelines still require submittal.
2. General Architectural Standards
2.1. Antennas, Satellite Dishes (DBS, MDS, DSS)
Homeowners who wish to place a satellite dish on the exterior must submit a Request for Architectural Approval to the ARC. Freestanding antennas/dishes are not permitted. If installation is required in other than the following approved locations, include a statement from the installer with the ARC application. Standard approved placement of a satellite dish is:
a) Attached to or mounted on a deck or patio in the rear of the residence and extending no higher than the eaves of that portion of the roof of the dwelling directly in front of such antenna; or
b) Attached to or mounted on the rear wall or roof of the residence so as to extend no higher than the ridgeline of the residence at a point directly above the position where attached or mounted on the wall.
Pursuant to FCC Section 207 of the Telecommunications Act of 1996 - The Association will not require prior approval for any antennas/dishes in the attic, crawl space, garage, or other interior space of the dwelling, or other approves structure so as not to be visible from the exterior of the residence.
2.2. Backyard Play Equipment, Basketball Goals
Metal swing sets are not permitted. Wood Swing sets in the backyard are pre-approved provided they are at least six feet from any property line and are well maintained (wood/painted/ stained). No play structures may be erected or maintained on the side or front of any residence. Play equipment, other than pre-assembled models, must have ARC approval.
2.3. Statues
Statues must have ARC approval prior to installation. Statues are limited to no more than 4 (four) feet tall and a total number not to exceed 5 (Five).
2.4. Clothesline, Fuel Tanks, Outside Storage
Clotheslines, above ground fuel storage tanks, woodpiles, and similar items are not permitted. Storage of any material (such as, but not limited to, lawnmowers, landscaping material, and lumber) outside of an enclosed structure is not permitted. Do not place furniture intended for indoor use on any outside area, including porches.
2.5. Decks, Patios, Screened Porches, Retractable Awnings, Driveways
ARC approval is required for construction, modification or extension of decks, patios, screened porches, walkways, and driveways. Deck footings and patios must stay within the minimum building line (MBL) of any lot. No deck or patio shall extend into the side yard beyond the side plane of the residence. Deck waterproofing, sealing, and staining is pre-approved so long as it is a natural wood color. Any other stain color other than natural wood color requires prior approval.
(Amendment approved on January 26, 2016) Composite wood materials, similar to the Transcend Trex product line, shall be acceptable for both backyard decking and railings. Acceptable colors are white and/or colors that exactly match the existing color scheme of the siding/trims of the property. Only black aluminum balusters (not post or rails) that match the design already approved for backyard fencing may be considered as part of the railing system. In all cases and without exception, all decking and railing improvements require pre-approval by the Architectural Review Committee and Board even if all elements being proposed fall within the aforementioned guidelines.
Screened Porches must have roofs that are consistent with home. The roof must be constructed of Asphalt shingles, matching the existing shingle in color and type or be constructed using standing seam metal.
Retractable awnings require approval for color and size. The awning may not extend past the boundaries of the Porch. The awning must remain retracted when not in use and must be maintained in proper condition with no faded colors, rips or tears. The awning must not extend beyond the boundaries of the house.
2.6. Dog Pens, Runs, Dog Houses
Dog pens or runs are not permitted. Dog houses are permitted provided an ARC approval form is submitted and the following criteria are met:
a) The dog house must match the color scheme of the existing structure
b) Must be in the backyard
c) Not more than 4(four) feet high
d) The location will be approved by the ARC
Pets must be on a leash when being walked in the neighborhood or restrained in the backyard by the use of an approved fence or invisible fence. See Section 2.9 for approved fences.
2.7. Exterior Colors, Shutters, Doors
Exterior color change is permitted provided an ARC approval form is submitted and approved, prior to the change. Exterior colors must conform to the original color scheme designed by the builder. Shutters and doors will complement the exterior color scheme and maintain the original colors intended by the builder. When submitting a request for a color change, color charts, color strips or siding samples should be attached to the standard ARC approval form.
The Following Duron Colors are the Original colors and do not need approval or
submittal simply to re-paint the same color:
submittal simply to re-paint the same color:
- Trim Colors
- One Coat White
- Amber White
- Door / Shutter Colors
- Cobblestone Grey
- Foxhall Green
- Chestnut Brown
- Old Colonial Red
- Aspiration
- Black
ARC Submittal is required to change the color of your Door and Shutters. The pre-approved colors are Sherwin Williams or approved equivalent:
- Door/Shutters
- SW2915 Sundried Tomato
- SW2929 Garden Path
- SW6200 Link Grey
- SW6090 Java
- SW0032 Needle Point Navy
- SW6258 Tricorn Black
2.8. Exterior Lighting, Seasonal Decorations
Low voltage ground landscaping lights are pre-approved provided they are white in color and are in are conservative in design, and spotlights are directed towards the house or toward trees. High voltage lighting (greater than 24 volts) require ARC approval and must stay within the flower beds.
Seasonal/Holiday lighting is pre-approved and are allowed to be installed one (1) month prior to the holiday and must be removed two (2) weeks following the holiday.
2.9. Fences
No wooden fence, brick wall, nor stone wall may be erected nearer the front lot line of a lot than the front of the dwelling, located on such lots unless otherwise approved in advance writing by the ARC. In the case of a corner lot, no side yard fences shall be located nearer than the side of the house facing the side street line, unless otherwise approved in writing in advance by the ARC. Perimeter fencing will be shadow box fencing, split rail fencing, picket fencing, or black anodizing aluminum fencing. Picket fences must be installed with a minimum of 1⁄2” between Pickets. All fence types shall not exceed five (5) feet in height (measured at the highest point). Other fences are expressly prohibited without the approval of the ARC. Mesh wire may be attached to the inside of a split rail or similar fencing to contain animals within the yard. These restrictions described herein shall not apply to any improvements originally installed by the Declarant on any Common Area. Metal fencing made of carbon steel will not be permitted.
2.10. Flagpoles, Flags
Freestanding flagpoles are not permitted. Flags which, in the Board’s judgment, tend to incite or antagonize are not permitted. Flags meeting the following criteria are pre-approved:
a) Two flagpoles, not to exceed two (2) inches in diameter and sixty (60) inches in length, may be mounted on the front of the dwelling or at the garage entrance of the dwelling
b) Flags shall not exceed four (4) feet by six (6) feet in size.
c) Flags must be maintained in good condition and shall not be displayed if mildewed, tattered or faded.
2.11. Garage Sales or Items for Sale Signs– All signs must comply with local, county and state regulations
Garage sales are permitted a maximum of four (4) times per year per residence. Garage sales are limited to daylight hours. Sale items must be kept in the immediate area of the garage. Advertising signs no larger than eighteen (18) inches by Twenty-four (24) inches may be placed in front of the residence and no more than forty-eight (48) hours in advance and must be removed within twelve (12) hours after the conclusion of the sale.
Signs placed other than at the residence, but on Common Property of Sutton Place may be three (3) feet in height and eight (8) feet in length and must be pre-printed. No handwritten signs may be installed on Common Grounds.
Other than Garage Sale, items for sale must be displayed in the Driveway of the residence and must be printed, no handwritten “For Sale” signs are allowed. Items are not allowed to be displayed in front yards or in the street. These items may include but are not limited to cars, boats, and lawnmowers.
2.12. Garbage Containers and Recycle Containers
It is recommended those garbage containers and recycle bins be stored inside your garage. Garbage containers and recycle bins may be stored outside at the rear of the house or to the side when enclosed by a garbage enclosure as described below. Garbage containers may be placed near the street the evening prior to your collection day and returned to the garbage enclosure prior to midnight of your collection day.
Garbage Enclosures:
A garbage enclosure is defined as screening which conceals the garbage container and recycles bins from the street, sidewalk, adjacent home’s front porch or a rear neighbor’s rear porch. Garbage enclosures are permitted to allow for outside storage of two (2) garbage containers and no more than two (2) recycle bins. Only one garbage enclosure per lot is permitted. Enclosures may be located at the rear or sides of the home and must be equal to the height of the trash container at the time of installation. Placement, materials of construction and size will be considered on a case by case basis. Any wood fence screen must match the exterior of the dwelling. All garbage enclosures require ARC approval.
2.13. Gardens, Landscaping
Gardens for home consumption are pre-approved provided they meet the following guidelines:
Size – not to exceed 10’ X 15’
Location – must be located in the rear of the home confined to the building envelope of the home and
Cleanup – At the end of the growing season, all spent plants must be removed and disposed.
Gardens must be kept weeded and well maintained.
Additional landscaping is permitted provided the standard Architectural Request Form is submitted and approved prior to the change.
Plantings inside the original mulched (or pine needled) area is pre-approved for plantings provided the following areas of concern are addresses:
a) The color of the material is complementary to the residence exterior
b) They are maintained in an attractive manner. Dead and diseased plants and all weeds are promptly removed.
c) The soil bed is no more than six (6) inches higher than the top of the landscaping edging
d) Bushes and/or shrubbery that were originally planted by Ryan Homes or with prior approval from the ARC may be replaced with bushes and shrubbery that are the same size, shape, and similar color
e) Residents may not enlarge these areas without ARC approval.
Tree rings or Landscaping Edging surrounding planted or mulched beds are pre-approved provided:
a) They are either earth tone colors (grey, muted red, or brown) or white and complementary to the exterior of the residence
b) They are constructed of commercially available landscaping blocks, stacked stone, field stone, or scalloped concrete edging material
c) They conform to the mulched areas pre-defined by Ryan Homes or Approved by the ARC. In the case of new trees, ARC approval is required.
d) The top surface of the rings/edging is no more than six (6) inches higher than the adjoining undisturbed ground or stacked the height of no more than two (2) approved landscape blocks.
e) They are installed so that the top surface of all installation materials are flush (same height) with the adjacent “element” (block, edging material, etc). The top surface of the edging as a whole shall be as close to the level as is practical considering the natural slope of the land.
f) Tree and Landscaping Edging shall not interfere with existing swells or water drainage
g) Tree and Landscaping Edged areas shall be complemented by installing pine needles or complimentary mulch within the boundary of the tree ring or edging.
h) Tree and Landscaping Edged areas need to be maintained to ensure they look attractive and do not fall into a state of disrepair.
2.14. Hot Tubs, Spas, Saunas
Hot tubs and spas are permitted using the standard ARC request form for approval prior to installation. These items must be located in the rear of the residence and screened from view of the street and neighboring properties. Owners are required to install safety features such as locks or covers and comply with all applicable local ordinances, state laws, and federal laws. Saunas are not permitted.
2.15. Mailboxes (amended June 1, 2016)
Only the original black mailbox, with black ornamental posts base are permitted. If replacement or repair is required, the mailbox must be restored to the original design specification. No rust or deterioration of the mailbox is permitted and it is the responsibility of the homeowner to maintain the integrity of the mailbox. The mailbox can be purchased at Home Depot or Lowes and should be an exact replacement. The black ornamental base may be purchased at Watts Steel & Iron Works LLC. The phone number is 704.821.7140.
Numbering:
Two options for numbering are permitted. Options 1 and 2 below can be implemented jointly or individually of each other, but AT LEAST one must be implemented as stated.
(1) Original gold numbers placed on the newspaper box. The gold numbers must be centered on the newspaper box horizontally and can be purchased from Watson Steel & Iron Works LLC. The phone number is 704.821.7140.
(2) Nite Bright Nite Bright Kit Model #14137. The placard is available at the Lowe's website as well as some local Lowe's stores (availability may vary at the stores). The placard must be installed horizontally and centered (not offset) above the mailbox compartment as shown in the picture below.
Without exception, no other numbers or placards are permitted and will be deemed out of compliance and susceptible to penalties/fines.
2.16. Outdoor Furniture
No furniture shall be used, stored or kept on the exterior of any residence except on porches, patios and decks. Furniture not in an enclosed room shall be limited to such types as is designed for outdoor use.
2.17. Parking – Commercial, Recreational Vehicles, Campers, Boats, Trailers, Etc.
Commercial Vehicles are not permitted to park overnight in the Driveway or on the street. All commercial vehicles must be maintained out of sight in the garage.
No vehicle, including recreational, camper, boat, trailer, car or truck will be parked on the grass or sidewalk of any residence of any lot.
Curbside parking is not permitted anytime, except for occasional overflow parking. Occasional overflow parking is considered to be used by non-residents.
Recreational vehicles, campers, boats, and trailers must be kept in the garage except temporarily in preparation for use or repair, if such a period does not exceed forty-eight (48) hours.
2.18. Roof Accessories
Modification to a rooftop requires an Approved Architectural Request form prior to modification. Approved rooftop accessories or equipment must match the existing roof colors, compliment the residence, and be as inconspicuous as possible. The following restrictions must also be met:
a) Exposed flashing, gutters, and downspouts must match the existing color scheme of the residence
b) Skylights must be mounted on the backside of the roof so as not to be seen from the street
c) Solar energy equipment will have the appearance of a skylight, have finished trim and shall not be visible from the street.
2.19. Shingles
The color of the roof shingles on a dwelling may be altered in order to assist in saving energy costs; however, the color and style of the roof shingles must be approved by the ARC prior to installation. Only Architectural shingles are allowed.
2.20. Storage Sheds
In an effort to develop a high quality and consistent look and feel throughout the neighborhood, the following guidelines are in effect relative to the design, location, and finish of Outdoor Storage structures
The three (3) types of structures that are allowed will be classified as Class A, Class B, and Class C.
Class A – Structures are defined as large, detached free-standing structures that are typically constructed on the home site or delivered completely assembled. These structures shall be located away from the primary residence and shall be constructed as follows:
a) The structure must be installed plumb and level to within 1⁄4” over the length or height of the structure
b) The structure must be constructed as far away from the street and the primary residence as is practical given the configuration of the lot
c) No structure shall be larger than Ten (10) foot by Twelve (12) foot as measured to the outside walls
d) The highest point of the roof must not exceed eight (8) foot six (6) inches as measured from the top of the finished floor elevation
e) The color must match the primary structure and be constructed using the same materials of construction
f) The roof must be finished with asphalt shingles that match the primary structure in both color and style
g) All corners, doors, and windows shall be trimmed/finished in a manner to match the primary residence in both color and style
h) The structure must have approved landscaping to screen the structure from the front of the residence. The landscaping must initially cover at least 60% of the width and 60% of the height when planted
i) On lots that are adjacent to a street, the doors must not open towards the street
j) Final location on the lot shall meet all county setbacks
k) The structure requires a county permit, final county inspection, and approval.
l) The completed structure must receive final ARC approval
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In no cases shall a structure interfere with swales or drainage of run-off water.
The structure and landscaping are to be maintained at all times. If, in the opinion of the Board of Directors at the recommendation of the ARC, and outdoor storage structure comes into a state of neglect or disrepair, the structure shall be repaired or removed at the expense of the homeowner.
Class B – Structures are defined as smaller utility type structures with a height greater the Four (4) foot. These are typically purchased as prefabricated kits from home improvements centers. These structures shall be located adjacent to the primary residence and shall be constructed as follows:
a) The structure must be installed plumb and level to within 1⁄4” over the length of the height of the structure.
b) No structure that is adjacent to the primary residence can be larger than five (5) foot wide by three (3) foot deep as measured to the outside walls.
c) The maximum height of the roof must not exceed seven (7) foot as measured to the roof line from the finished floor elevation
d) Class B structures must be located against the back of the primary residence
e) All Class B structures shall be hidden from a viewpoint from the front of the house side to side.
The structure and landscaping is to be maintained at all times. If, in the opinion of the Board of Directors at the recommendation of the ARC, and outdoor storage structure comes into a state of neglect or disrepair, the structure shall be repaired or removed at the expense of the homeowner.
Class B structures installed in compliance with these guidelines are pre-approved and require no ARC action.
Class C – are defined as smaller utility type structures with a height of less than four (4) feet tall. These units are typically purchased as prefabricated kits from home improvements centers. These structures shall be located adjacent to the primary residence and shall be constructed as follows:
a) The structure must be installed plumb and level to with 1⁄4” over the length of height of the structure
b) The maximum height of the unit must not exceed four (4) feet as measured from the finished floor elevation
c) Class C structures must be located against the rear of the primary residence
d) The color must either closely match the primary structure or be a natural shade of brown, beige or grey
e) The structure must be hidden from the neighbor's view by using approved landscaping that completely covers the sidewalls of the structure
The structure and landscaping is to be maintained at all times. If, in the opinion of the Board of Directors at the recommendation of the ARC, and outdoor storage structure comes into a state of neglect or disrepair, the structure shall be repaired or removed at the expense of the homeowner.
Class C structures installed in compliance with these guidelines are pre-approved and require no ARC action.
2.21. Storm Doors
Storm doors are permitted using the standard Request for Architectural Approval Form. They must be greater than 75% glass or glass/screen and must match the existing façade color scheme. Door hardware must also match the existing hardware.
2.22. Window Air Conditioners
Window air conditioning units are not permitted.
2.23. Window Boxes, Planters
Window boxes and planters are pre-approved provided:
a) They are of a color and material complementary to the residence’s exterior and shall be maintained in a neat and attractive manner
b) Statues and figurine planters are not permitted in the front yard
c) Dead and diseased plants and all weeds shall be removed promptly
2.24. Yard Maintenance
Residents are required to mow and weed their yards as necessary to present a neat and uniform look to the neighborhood. This includes periods of low rainfall when dry patches appear and weeds overtake the lawn. Grass will not be permitted to grow over the curbs, sidewalks or driveways. Regular watering to present a lush, green lawn is required, except during county mandated water restrictions. Garden hose may not be left extended in the yard after watering.
The following grass types are pre-approved, one of which, selected by the owner is required:
- Fescue
- Common or Hybrid Bermuda
- Zoysia
- Centipede
Overseeding with winter rye for warm season grasses is pre-approved.
In the event the owner is found to be in non-compliance of this guideline, the homeowner shall have a reasonable amount of time (defined by the ARC) to conform with this guideline prior to any fines or penalties being levied against the homeowner.
2.25. Use and Care of Fireworks
All spent fireworks debris must be removed within twenty-four (24) hours. This includes all adjacent properties where the debris may have fallen, but not limited to your neighbor’s yard, common areas, etc. Failure to remove the debris generated from discharged fireworks will result in the HOA making arrangements for clean-up and forwarding the bill for services to the homeowner responsible.
2.26. Temporary Moving Equipment
All moving equipment used for storage and moving must be approved by the Board of Directors prior to use.