Detailed Regulations for Maintenance and Exterior Alterations
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.
In all actions, when there is a conflict in regulations between the Town of Herndon Zoning or other governing regulations, Hunters Creek Homes Associations Detailed Architectural Regulations, or the Hunters Creek Homes Association covenants, the MOST restrictive rules apply
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.
Approvals must be submitted online via the Hunters Creek website www.hunterscreek.org – supporting documents shall be mailed to firstname.lastname@example.org Once a fully complete application is received an approval decision will be made at the NEXT board meeting as long as the complete application is submitted at least 5 business days prior to the scheduled meeting– Please note: There is no meeting in July or December – For up-to-date meeting information , please visit www.hunterscreek.org
- 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.
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.
Mid-Century Modern and other Wood Sided (Board and Batten/Reverse Board and Batten)
Westlake/Royal Building Products Crane board Solid Core vinyl siding in Board and Batten style in any manufactured color
LP Smartside Cedar Textured Vertical Siding WITH 1 1/2″ cedar textured batons installed to match existing spacing and look in any pre-finished
James Hardee Sierra 8 painted to match an ARC approved color
100% of the house must be finished in the same material / no mixing /matching of materials
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.
“ANY NON PREVIOUSLY APPROVED COLOR MUST BE ARC APPROVED”
- Roof Replacement
2a. No ARC Approval Required
Replace roof with similar existing style and color shingles. A switch from “3-tab” to architectural shingles does not require approval
2b. ARC Approval Required
Replace roof with a different style or color.
- 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.
- 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 and accessory buildings 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. In aligning with the architectural nature of the community, accessory structures, including but not limited to accessory dwelling units, accessory garages, secondary buildings etc. are not approved in Hunters Creek.
A copy of all permits from Town of Herndon must be provided to the Hunters Creek ARC
- 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. A copy of all permits from Town of Herndon must be provided to the Hunters Creek ARC
6a. No ARC Approval Required
Repair of 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 or replace 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 or synthetic wood (with ARC approval) and stained/treated to a natural color. A current plot survey from a Virginia licensed surveyor will be required as part of the submission if any part of the fence traverses Town of Herndon, Hunters Creek Homes, or other common use spaces /land – In lieu of a plot survey IF the fence does NOT traverse any common use land, a signed agreement from ALL affected neighbors agreeing to and waiving a plot survey must be submitted. – A copy of this form can be found on the hunterscreek.org website
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.
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. All driveway additions must be of the same material and a uniform single surface Pavers will be allowed until next resurfacing of the driveway at which time the driveway must be changed to a single solid surface
7c. Special Regulation
All driveways must meet Town of Herndon zoning setback requirements
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.
- 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. No landscaping shall encroach on sidewalks or driveways.
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.
- Swimming Pools ARC Approval Required
Above-ground swimming pools with height greater than 36 inches
In-ground swimming pools – The Town requires a building permit from DPW.
- Vehicles/Vehicle Storage
Hunters Creek Homes provides a storage lot for homeowners/renters to store vehicles, trailers, and RVs – All vehicles parked in driveways must be in operational use license plates and inspection stickers must be visible – Vehicles may not be covered for an extended period of time – A homeowner may have a vehicle stored temporarily on their property for restoration, provided that this is on a short term basis, and the vehicle is properly licensed, that it is covered with a commercial type of vehicle cover of a neutral color, so that only the wheels are visible, and that there is no evidence of any vehicle parts or supplies visible on the premises.
For such a project, the owner of the property requires the approval of the Hunters Creek ARC who will monitor the restoration to maintain the community’s interest. A project timeline should be submitted.
No parking of commercial vehicles is permitted in Hunters Creek Homes – This includes all vehicles with a GVWR > 10,000 lbs, all vehicles with ladders or utility racks, vehicles with signs lettering or markings – A single taxi cab or limo with markings can be parked per residence
No parking of any trailer, boat or RV is permitted in the driveway or street of a residence for a period greater than 5 days.
- Satellite Dishes and Digital TV Dishes
12a. 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
Hunters Creek Homes requires that homeowners remove all turned down RF equipment – Satellite dishes and antennas may not be retired / abandoned in place and should be removed once service is terminated. As satellite TV services do not convey with ownership changes, homeowners will be required to remove all dishes at the time of sale of a property. Mounting hardware “foots” may remain to not compromise the integrity of the roof