Avignon Villa Homes Community Association, Inc. Architectural Guidelines April 5, 2017

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1 Avignon Villa Homes Community Association, Inc. Architectural Guidelines April 5, 2017 The Architectural Review Committee (ARC) was created in the Declaration of Covenants, Conditions and Restrictions (DCCR) for Avignon Villa Homes under Article VII and will operate within the authority granted by that document. The purpose of the ARC is to make sure that requested changes are in unity with the DCCR but the ARC does not express any opinion as to the strength, engineering design or safety guarantee of the project. Homeowners are responsible for contacting the city to receive all necessary permits and are also responsible to make sure their project is in compliance with all laws, codes and ordinances. The following is an addendum to the DCCR and/or clarification of certain guidelines and procedures that were issued by the Developer subsequent to the filing of the DCCR on January 6, 2006; however, in the event of any conflict between this document and the DCCR, the DCCR will prevail. These guidelines may be changed, amended, modified or deleted at any time in accordance with the DCCR of the Avignon Villa Homes Community Association, Inc.. A. Procedure for Requesting Modifications, Enhancements or Additions to the External Appearance 1) All exterior improvements, enhancements, modifications (including paint, lighting and landscaping) to the home or lawn must be approved in writing by the ARC. 2) In advance of any work or action being performed, all ARC requests shall be submitted in writing to the CAM Manager using the hard copy or electronic format provided on eneighbors. For those unable to access the website, hard copy request forms are also available from any ARC or Board member. 3) All requests will be reviewed on a timely basis (usually within a week of submission) by the ARC and by majority vote and will either approve or disapprove the request. 4) Additional information such as drawings, pictures and literature pertaining to the project in question should be submitted in order for the ARC to make an informed decision. 5) Once approval is granted, the homeowner has six (6) months in which to complete the requested change; after which, a new request must be submitted to the ARC. Residents who had major projects should inform the CAM Manager when the project has been completed. B. Standard Construction Requirements 1) Shingles are to be 50 year composite. Color and type to be submitted to and approved by the ARC. 1

2 2) Siding is to be stucco or stone to match the original design, material and color. No brick is allowed. Re-siding or re-painting of stucco must be approved by the ARC prior to the start of the work. Stucco color variations are limited to the only colors used on existing homes in the neighborhood and cannot be the same color as adjacent homes. The stucco colors used in this neighborhood are proprietary to the company that provided the stucco materials. The ARC will provide specific instructions for obtaining the correct color paint samples from the stucco company. With this information the homeowner can order the paint from a vendor of their choice. The paint for stucco must to be elastomeric paint. 3) Windows to be white vinyl casement style to match the original. 4) White vinyl or white aluminum is the material to be used for railing of decks, porches and other features. 5) Gutters and gutter guards are to be white aluminum to match the original. 6) Soffits and fascia are to be white to match the original. 7) Visible foundations are to be maintained to match the color of the adjoining stucco wall. 8) Garage doors are to be steel, painted to match the house trim color. 9) Patios and retaining walls are to be constructed of 6 inch limestone similar to Anchor Highland Stone by Pavestone with loose paver flooring. Patios shall not be installed closer than 3 feet from lot lines or in easement space. All patio construction (design, type, color, shape, etc.) is to be submitted with drawing, material specifications and other pertinent details to and approved by the ARC. 10) All homes must have individual in-ground lawn sprinkler systems. 11) Patio pergolas are to be white vinyl or aluminum and new installation plans must be submitted and approved by the ARC prior to installation. 12) Backyard fireplace construction and height should be considerate of surrounding neighbors so as not to obstruct views nor be conspicuously out of place as determined by the ARC. Generally, a maximum height of six feet for gas and nine feet for wood burning fireplaces is acceptable but each homeowner request will be reviewed on a case-by-case basis. 13) Permanent front and rear doors are to be identical to the original if replaced. They shall be painted to match the original. Color variations are to be submitted to and approved by the ARC. 2

3 14) Front storm doors must be full-view. Rear storm doors can be full-view or partial view including self storing. The frames for all storm doors to match the house trim color. New and replacement storm doors must be approved by the ARC. 15)Radon Mitigation Systems are recommended to be installed on the interior of the house where the exposed piping extends through the roof of the house rather than on the exterior walls of the home. This is intended to limit outside noise from the fan that is required for the system to operate. C. Landscaping Requirements 1) Bedding and Earthwork a) Any modification to the outline or height of the landscaping is to be submitted to and approved by the ARC prior to the start of work. The homeowner is responsible to call 800/DIG-SAFE before digging. b) Landscaping is to promote drainage away from the houses. Each homeowner is responsible for their own drainage and for eliminating any nuisances such as excessive water, slime or ice on public sidewalks or streets. c) Edging is to be natural (trench or flush embedded stone so as to not impede the mowers) and no brick, concrete, steel, wood or plastic. Altered or new edging is to be submitted to and approved by the ARC prior to the start of work. Natural stone can be used to help with drainage within flowerbeds but must be approved by the ARC prior to the start of work. d) Mulch should be black or dark brown shredded tree material or an equivalent colored rubberized material. To retain consistency only mulch is allowed. e) Retaining walls are generally only allowed where the slope or gradient of a yard exceeds 0.2 and erosion of soil or mulch is evident: however, each submitted ARC request will be reviewed on a case-by-case basis but no wall may be constructed without ARC approval in writing. 2) Foliage and Lawn a) New trees can be added in your yard but require ARC approval prior to the start of work. Removal and replacement of a like species (hardwood for hardwood or ornamental for ornamental) do not require ARC approval. Tree selection and recommended species list can be found at Variances or alternative requests are to be accompanied by documentation from the Kansas State Horticultural Department. b) Maintenance of the street trees are the individual homeowner s responsibility including maintaining mulch tree rings, weeding mulch, trimming limbs so they do not impede foot or vehicle traffic, and maintain the health of the tree. 3

4 c) Damaged or diseased street trees must be removed and replaced with maple trees approved for the neighborhood (Sienna Glen, October Glory and Autumn Blaze) without ARC approval. Replacement trees must be a minimum 2 and 1/2 inches in diameter. d)tree stumps in the yard are to be removed or ground up and replaced by grass if no replacement tree is planned. e) Lawns, shrubs and trees are to be maintained to ensure continued growth. a.i) Use of in-ground sprinkler system to be employed with spot watering as needed. a.ii)appropriate amounts of water should be applied during drought periods in compliance with City mandates. a.iii) Avoid over watering per authoritative (city or county) recommendations. a.iv) Dead ornamental grasses, shrubs and plants must be removed. a.v) Ornamental grasses, shrubs and plants can be added within the existing landscape planting beds without ARC approval. New plantings that include modifications to the landscaping as described in section C-1 require ARC approval. Homeowners must review and abide by the current list of Kansas banned plant species before installation. Any such banned plants noted in yards should be reported to the ARC for disposition. a.vi) Vegetables up to 24 inches high and not overhanging or extending on the lawn may be grown in back yard beds. f) Failure to properly maintain your landscaping, foliage and yard in accordance with the Development Guidelines will subject the homeowner to Article III, paragraph 3.01(p) of the DCCR. D. Fences and Decorations 1) Fences, partitions or privacy screens of any kind are not permitted anywhere in the yard. 2) Invisible pet fences are allowed once submitted to and approved by the ARC prior to the start of work. 3) Figurines, gazing balls, plaques, and yard art are not permitted anywhere on driveways, sidewalks, in the yard or landscape beds. 4

5 4) Birdbaths, bird feeders, freestanding birdhouses and fountains are permitted but only in the back beds of the house with prior ARC approval. Birdhouses suspended in trees are only allowed in the back yards and do not require any approval. 5) Statues, metal trellises and benches are permitted in side or back yard beds but must be approved by the ARC prior to installation. 6) Window boxes for flowers attached to the house are not allowed. 7) Benches, tables, and chairs are allowed on porches, patios and decks without ARC approval. 8) Potted plants are allowed on patios, porches, decks and in back yard beds but not on driveways, sidewalks or front or side beds. An exception to this rule is potted plants may be permitted on either side of the front steps with ARC approval. Artificial plants and flowers are not permitted in yards or flowerbeds. 9) Seasonal decorations are permitted without ARC approval but for specific holidays such as Easter, July 4th or Thanksgiving, decorations should be removed within a week after the holiday ends. 10) Retractable sunscreens or awnings are allowed and should be the same color as the house or house trim but must be approved by the ARC prior to installation. E. Lighting 1) No external electrical wiring allowed above ground except accent lighting in patio areas which should be submitted to and approved by the ARC. 2) A minimum of three exterior dusk to dawn soffit lights shall be maintained on the front of the house and additional dusk to dawn soffit lights must be approved by the ARC prior to installation. 3) Dusk to dawn soffit lights should have the same type bulbs and be the same wattage. Burned out bulbs must be replaced within 30 days. 4) Only white lights are to be used for exterior lighting for porches, patios and soffits. 5)Low Voltage Electrical (wired) walkway, patio, bedding or landscaping lights must be approved by the ARC prior to installation. Solar lights are not allowed. 6) Year-end holiday lighting and decorations are allowed from Thanksgiving Day until January 15 of the following year. Lighting and decorations can be put up no earlier than November 1 and must be taken down within a reasonable time, no later than March 1st, weather permitting. 5

6 F. Communication Devices 1) Homeowners may install a satellite dish one meter (39.37 inches) or less, or an antenna that is designed to receive local television broadcast signals, on the homeowners property or "exclusive use area" as defined by FCC Rule 47 C.F.R. Section , without ARC approval. This rule permits the association to establish a placement preference. The satellite dish may not be installed in the area in front of the home as defined by a line even with the front entry door across the property and parallel to the front street side of the home. The homeowner should provide a post installation notification to the ARC upon completion of the satellite dish or antenna installation to verify that they have installed the satellite dish in compliance with the placement preference. The established placement preference should be as follows: a) Backyard of home near foundation b) Back roofline of home c) Side yard to the extent that it is minimized by viewing from the front of the property and should be screened with landscape. 2) No external wires, antennas or poles shall be allowed which are for the transmission of electricity, telephone, video, or radio signals. G. Flag Policy 1) Only one external flagpole shall be allowed at any home and this shall mounted on the house. 2) Location of the pole must be approved by the ARC prior to installation 3) A flagpole mounted on the house should be in a bracket at a 45 degree angle. 4) The flag should be in good condition and of a size that is no more than 36 by 60 inches. 5) The United States flag may be displayed according to the rules of USC 6 and should be replaced, when necessary. 6) Seasonal flags for recognized United States Holidays may be flown during the appropriate holiday seasons such as Valentine s Day, St. Patrick s Day, Easter, Thanksgiving, Christmas. 7) Sport and Team flags may be displayed only on game days H. Appearance, Nuisances & Other 1) Signs in yards or windows are not permitted except in two instances; homes for sale where real estate boxes containing flyers or brochures may be placed in a bed near 6

7 the front door of the house, and security signs measuring no more than 12 by 12 inches which may be placed in the front yard landscaping beds. 2) Clotheslines are not permitted. 3) Wind chimes are allowed on patios and decks, and in back yards but must be removed or re-located if there are neighbor complaints. 4) Basketball or soccer goals, children s play sets or swing sets are not allowed. All child toys should be stored inside when not in use and never left out overnight. 5) Skateboards, roller skates, hover boards and similar devices are not allowed on common area pathways and family members or guests who ignore this rule, do so at their own risk. 6) Garage doors are to be closed when the homeowner is not home or not in the vicinity of the garage. 7) Pets are not to be housed outside and should be kept in accordance with the current City of Olathe Ordinance for Animal Control at and with Sections 8.08 and 8.11 of the DCCR. 8) Trash receptacles are to be maintained inside the garage and are allowed outside and curbside only on the day of trash pick-up or after sunset on the preceding day. 9) Snow removal, but not ice, will be performed when there is an accumulation of more than 2 at any one time on a majority of the homes in the neighborhood as determined by the Board members. Homeowners may place flexible plow stakes along their driveways to assist in snow removal but stakes should be no more than four feet in length and should be removed immediately after shoveling is completed. 10) Security cameras are permitted with ARC approval. Approval will be granted with the stipulation that the homeowner is responsible for ensuring neighbors privacy is not infringed upon. The ARC may impose additional requirements on a case by case basis. 11) At least once per year, the ARC and/or Board members will conduct reviews of homeowners properties, and violations, with suggested corrective action, will be reported to the homeowner. The ARC review includes but is not limited to: Weeds in flowerbeds, foundation painting, dead plants, overgrown bushes, shrubs and flowerbed edges, mulch needing refreshing and items restricted by the ARC Guidelines. Homeowners that are notified of violations must inform CAM within 30 days of receiving the violation letter that violations have been corrected. The ARC Committee s re-inspection is done 30 days from 7

8 receipt of violation letter. After re-inspection, CAM will send a follow-up violation letter ONLY to homeowners with violations that have not been corrected. 8

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