Hunters Creek

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Detailed Regulations

Detailed Regulations for Maintenance and Exterior Alterations

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Approval Requirements

This section discusses those exterior alterations which will require ARC approval and normal maintenance and other alterations that do not require approval. Each topic indicates those changes requiring ARC or Board of Directors approval and those that do not.

If ARC approval is required, it must be obtained before any construction changes, additions or alterations begin. If there are any questions about the application process they should be put in writing and sent to the ARC for resolution. See Section A above, “HCHA Architectural Criteria and Application Procedures ”, in this chapter pertaining to the application and approval process. Several types of structural modifications receive automatic approval if the construction meets all Town zoning ordinances and all Town building permit and inspection requirements. These are specified in more detail below. Copies of several of the relevant Town zoning ordinances appear in Chapter 10. Since the Town may change its zoning ordinances, Chapter 10 should be used only as a guide. Before planning any construction or alteration, you should obtain current zoning and permit requirements from the Town.

Routine maintenance on the exterior of a house or property that does not alter the appearance does not require approval of the ARC or Board of Directors. Owners and tenants are required to limit any maintenance and exterior alterations performed without ARC approval to the items below that are described as “Actions Not Requiring Approval”. If you are not sure about the need for approval, then submit one to the ARC. Refer to the procedures in “HCHA Architectural Criteria and Application Procedures”, in this chapter for information on how to submit an application to the ARC.

1. Repainting and Residing

1a.  No ARC Approval Required

Replace Siding with similar existing style and color or approved colors by the HCHA. No more than two trim colors and one major (siding) color are permitted. Natural finished wood doors are allowed and not considered a 3rd color. HCHA approved colors are listed below in 1c.

Repaint exterior stain color for contemporary wood-sided homes with similar earth-tone color or approved colors by the HCHA. No more than two trim colors and one major (siding) color are permitted. Natural finished wood doors are allowed and not considered a 3rd color. HCHA approved colors are listed below in 1c.

Repaint Exterior shutters, trim, and/or doors with similar existing color or approved colors by the HCHA. No more than two trim colors and one major (siding) color are permitted. Natural finished wood doors are allowed and not considered a 3rd color.

1b.  ARC Approval Required

Replace siding with a different style and color not approved by HCHA.

Repaint exterior stain color for contemporary wood-sided homes or exterior shutters, trim, and/or doors with a different color or a color not currently on an HCHA home.

1c.  HCHA Approved Colors LANGUAGE AMENDED - 2017

Approved colors for aluminum or vinyl siding homes: White, Almond, Cameo, Classic Cream, Champaigne, Desert Sand, Linen, Sage, Sandstone, Pebblestone Clay , Silver Grey, Victorian Grey, Brookstone, Everest.

Approved colors for wood-sided homes: Rich Earth (Brown), Spring Fawn (Med Brown), Mayfair Tan (Beige-Tan), Sandstone (Tan), Flint (Grey-Beige), Cape Cod Grey, Bronze Green (Olive).


New Language:

"ANY NON PREVIOUSLY APPROVED COLOR MUST BE ARC APPROVED"

2. Roof Replacement

2a.  No ARC Approval Required

Replace roof with similar existing style and color shingles.

2b.  ARC Approval Required

Replace roof with a different style or color.

3. Window Replacement

3a.  No ARC Approval Required

Replace existing windows with “energy efficient” permanent surface white or same color windows. Permanent surface is aluminum, vinyl clad, or PVC.

4. Sheds, Decks Patios and Accessory Buildings

4a.  No ARC Approval Required

Repair, repaint or stain existing decks, patios, sheds, greenhouses, or gazebos if color is not changed. New ground level patio, without footers, constructed of concrete, block, stone, brick, etc., and entirely in the rear of the house.

4b.  ARC Approval Required

All new decks and accessory structures, including storage sheds, greenhouses, and gazebos. Sheds may be up to 150 square feet, with a wall height of 8’6”. All accessory buildings must be placed at least 15 feet from the house, 1 foot from the rear and side property lines. All decks, greenhouses and gazebos require a Town building permit from DPW(Town of Herndon Zoning, Section 78-1420). Any change of size, shape or location for an existing deck or accessory structure may require a DPW building permit. If construction is natural wood or same color as the main dwelling and conforms to all zoning ordinances and any required town permits and inspections, the structure is HCHA approved without further application. Any change of color for an existing deck or accessory structure requires ARC approval.

5. Additions or Exterior Modification to the House

5a.  ARC Approval Always Required

Building additions or exterior modifications to your house to include room additions, garages, car ports, front or rear porches, attached greenhouses, etc. will require a Town of Herndon building permit from DPW. ARC approval and Town building permit must be received before construction begins.

6. Fences

6a.  No ARC Approval Required

Repair or replace a wood fence with the similar color, style and size as the existing wood fence. Special regulations appear below for repairing existing wire fencing.

6b.  ARC Approval Required

Add new fence or change style and size of existing fence. All new or replaced fencing used on residential properties within Hunter's Creek must be wood fencing left in the natural state of the wood that complies with Town Zoning (Town of Herndon Zoning, Sections 78-1419 and 78-1422 (5-7)). Design drawings are available from DCD at the Herndon Town Hall and must accompany the ARC application. If construction is natural wood and conforms to all zoning ordinances, the fence is HCHA approved without further application.

An inner layer of “yard guard” wire fencing designed to be camouflaged from normal view for the purpose of helping ensure that children or pets remain in a yard and that the resident is thus permitted full enjoyment of the property is permissible, but must be submitted for ARC approval.

6c.  Special Regulations for Wire Fencing

Permissible repair of existing “Wire Mesh” or “Chain Link” fencing is very limited:

·      If replacing more than 30% of the length of the wire fence, then the entire wire fence run must be replaced with wooden fence.

·      If replacing any wire fence which is visible from the street or sidewalk, then the entire wire fence run must be replaced with wooden fence, regardless of the length of this fence segment.

7. Driveways

7a.  No ARC Approval Required

Resurface existing driveway with same material and area. Resurfacing of mixed material, for instance concrete and asphalt, must be change surface to single material.

7b.  ARC Approval Required

Driveways and parking pads additions and change in material (for instance, asphalt to concrete or vice versa). All driveways and parking pads must be of the same material, for instance, asphalt or concrete. Only hard stabilized surfaces are permitted.

7c.  Special Regulation

Driveways must have no permanent markings, for instance, those intended for basketball or hopscotch.

8. Sidewalks

8a.  No ARC Approval Required

Repair or replace existing private walkways and/or stoop using the same material, size and area as the existing sidewalk.

8b.  ARC Approval Required

Repair or replace existing private walkways and/or stoop changing material, size or area. All sidewalks must be of a solid surface.

8c.  Special Notice about Public Sidewalks

All public sidewalks are the responsibility of the Town of Herndon. If a resident notices that a public sidewalk needs repair, the town should be notified.

9. Landscaping and Tree Trimming

9a.  No ARC Approval Required

Maintained landscaping, such as, dead trees, shrubs, and bushes be removed before they become unsightly or hazards to your neighbor. Maintained lawns no greater than 8 inches high. Trim all trees at least 7ft high above public walkways and driveways. All new trees, shrubs and bushes may be planted at a location not to interfere with your neighbors, safety and line of sight of roadways at corners, etc[5].

9b.  Special Notice for Trees Not on Owner’s Property

Homeowners and tenants may only trim those branches that extend over the homeowner’s property or braches of tree growing on that property. HCHA common property is the responsibility of the HCHA Board of Directors. If trees on HCHA common property need to be trimmed, a member of the Board should be contacted.

10. Lawn Ornamentation

10a.  No ARC Approval Required

Natural wood or stone appearance ornaments. Ornaments such as flower pots, planters and other accessories are permitted, provided that their appearance is maintained.

10b.  Prohibited Ornamentation

Painted or plastic lawn ornaments or decorations in front yards. The only exception to this is during the holidays, when holiday ornamentation is set up for that holiday period.

11. Swimming Pools

11a.  No ARC Approval Required

In-ground swimming pools. The Town requires a building permit from DPW. If pool conforms to all zoning ordinances and any required town permits and inspections, it is HCHA approved without further application.

11b.  ARC Approval Required

Above-ground swimming pools with height greater than 36 inches.

11c.  Governmental Requirements

Swimming pools must meet Town of Herndon and Fairfax County ordinances for construction, maintenance and periodic inspection.

12. Solar Panels

12a.  Governmental Requirements

Panels must meet Town of Herndon codes and require a building permit.

13. Mailboxes

13a.  No ARC Approval Required

Replace or repair an existing mailbox. Mailboxes must meet U.S. Postal Service regulations, which can be obtained from the Herndon Post Office.

13b.  House Numbers

Adding the house number to the side of the mailbox, following Postal Service specifications, will aid emergency vehicles and others.

14. Satellite Dishes and Digital TV Dishes

14a.  No ARC Approval Required

Due to FCC regulations, HCHA does not require approval for placement of satellite dishes for TV reception. The Town of Herndon requires a building permit from DPW for satellite dishes greater than 24” in diameter.

FCC Rules specifically preempt local regulations. FCC Rules, in part, state (Code of Federal Regulations, Title 47, Section 25.104, 47CFR25.104): Any state or local zoning, land-use, building, or similar regulation that materially limits transmission or reception by satellite earth station antennas, or imposes more than minimal costs on users of such antennas is preempted unless the promulgating authority can demonstrate that such regulation is reasonable

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