Architectural Review Processes

Hunters Creek Architectural Review Processes

If a homeowner or tenant desires to make a change to the exterior of their home or property they should first check to see if the change is covered in Detailed Regulations for Maintenance and Exterior Alterations. If the proposed change appears in one of the maintenance or exterior alteration categories not requiring approval, then application and approval is not needed. Otherwise, an application must be submitted to the ARC using the application procedures described in Application and Approval Procedure and approval obtained prior to making the change.

See the Architectural Approval Summary for a description of the categories of maintenance requiring approval.

Three general categories of exterior maintenance and alteration are addressed by the HCHA Covenants and Restrictions in each property deed and the Rules and Regulations in the following two sections:

1. Maintenance not requiring ARC approval. Maintenance that makes no change to the color, material, shape or size of an existing structure is permitted without ARC approval except for two special categories that are currently out of conformance: wire fences and multi-surface driveways.
2. Alterations not requiring ARC approval. Several types of alterations such as mailboxes and satellite dishes are controlled by Federal regulation and are not subject to HCHA regulation. Several other types of alterations either do not change the appearance substantially from beyond the property boundaries or are controlled adequately by Town ordinance.
3. Alterations requiring ARC approval. Building additions, changes in driveway size, siding, trim or roof color are examples of exterior alterations that require ARC approval. The authority for requiring such approval arises largely from Covenants 8 and 9 (See Chapter 3 above).

The categories sited above are only a summary of the detailed regulations that are described in the next two sections. They are included here to help provide an overall understanding of the regulations. The detailed regulations should always be reviewed and a member of the ARC or the Board of Directors consulted if questions arise. The detailed regulations in the next two sections focus on the distinction between requiring ARC approval and not requiring it, but each regulation arises from one of the three categories above.

Application Review Criteria

Application decisions are based upon the following criteria:

• Conformance with Covenants and Restrictions, Amended By-laws, and Rules and Regulations in the Association handbook. These Rules and Regulations also appear on this web site. However, if any differences appear between those in the Association Handbook and those on this web site, the Association Handbook takes precedence.
• Timing - Projects which remain uncompleted for protracted periods of time are visually objectionable and can be both a nuisance and a safety hazard for neighbors and the community. To encourage expeditious completion of projects, all applications must include an estimated completion schedule. If unforeseeable or uncontrollable delays occur, please advise the ARC or the Board of Directors so that complaints of others may be properly handled.
• Homeowners are responsible for adhering to all appropriate Town of Herndon zoning, safety and building code requirements.

The Architectural Review Committee

The Hunters Creek Architectural Review Committee (ARC) is comprised of residents from the community appointed by and reporting to the Hunters Creek Board of Directors on matters concerning architectural review and architectural compliance with Covenants and Restriction, Amended By-Laws and Rules and Regulations in the Association Handbook. The ARC recommendations to the Board must be in agreement with existing Town of Herndon regulations, ordinances and policies, and the Covenants and Restrictions of the Hunters Creek deeds, the Amended By-Laws of the Association, and the Rules and Regulations contained in the Handbook. The Board of Directors has delegated the application and recommendation process to the ARC. However, in accordance with its obligations under the Bylaws and Virginia Code, the Board retains final authority to approve applications and respond to any appeal.

Application and Approval Procedure

The application should then be sent to: HCHA ARC, P.O. Box 138, Herndon, Virginia 20172-0138. All correspondence and applications must be sent to this address for consideration. For urgent situations a member of the Board of Directors or the ARC (listed in Hunters Creek's Communicator newsletter) may be contacted.

The ARC Application Form available on this web site may be printed for use when making an application to the ARC. A copy of the property plat must be submitted with the application if the proposed changes will alter the plat. The property plat should depict before and after illustrations for the proposed change.

When the application is for a change of exterior color or stain, change of existing siding, roof, shutters, trim, doors, etc., samples and/or color chips must be included along with a description of the existing colors. Color photographs would be helpful in these situations but are not required.

Once the application form with accompanying documents has been completed, it must be mailed to the ARC.

If you think your project or application would be best explained in person, this should be noted on the application form so that a date and time can be scheduled to meet with the ARC and the Board of Directors. The ARC meets with the Board or Directors at the beginning of each regular Board meeting.