Hawthorn Hills Property Owners Association
Building Committee Requirements
These requirements are written to provide helpful information to property owners, their architects, and contractors in the application process for construction and/or exterior renovation of homes in Hawthorn Hills, as well as for maintenance of the high standards of homes in Hawthorn Hills.
The following information, and knowledge of pertinent portions of the HHPOA Protective Covenants must be thoroughly understood before design work and construction are begun.
The HHPOA Building Committee was created to review new construction and proposed exterior renovations to existing structures by a Hawthorn Hills property owner. The modifications may include original site development, as well as a variety of changes to the exterior of an existing dwelling. Such changes include decks, mailboxes, fences, and other additions to the property, etc., both attached to and detached from the dwelling itself.
The design objective is to blend the introduced development into the neighborhood environment rather than compete or contrast with it.
Certain design features and materials are not compatible with the character of Hawthorn Hills and/or not acceptable to many residents of the community. Therefore, the intent of the review is to assure compatibility with the existing neighborhood, to determine compliance with the covenants, and to enhance the future growth of the community. All responsibilities for review shall be performed expeditiously by the HHPOA Building Committee. Decisions of the HHPOA Building Committee may be appealed to the HHPOA Board of Directors. Any waiver of a Protective Covenant must be approved by the Board of Directors. The Board has no authority to issue a waiver of Building Code conformance.
2. Initiating the Review Process
Property owners must submit requests for review of proposed new construction or exterior changes to their existing home to the HHPOA Building Committee.
Applicant should be aware that the level of detail of the submission depends on the complexity of the new construction or modification proposed. A preliminary meeting to discuss the project with the HHPOA Building Committee is recommended.
The request will include (but may not be limited to) the following:
2.1 Scale Drawings
Scale drawings of the proposed changes presented in floor plan and elevation views.
A plat rendition showing the footprint of the house and driveway.
Documentation demonstrating conformance with setback requirements.
Documentation demonstrating that a drainage ditch (if necessary), with suitable culvert pipe under driveway, will be provided along the front of the property line to allow water from the road to drain off the right of way and/or to prevent water flowing from the property onto the road.
2.5 Materials List
A list of exterior materials to be utilized, including color, and, where appropriate, an indication of conformance with the requirements for percentage of brick or stone utilization.
2.6 Tabulation of Areas
A tabulation of total enclosed square footage, and square footage of conditioned heating and ventilation areas.
Any changes from the originally submitted plans and specifications affecting the exterior of the structure or the site must be resubmitted and approved by the Building Committee prior to action.
2.8 Retention of Documents
All documentation submitted will be retained by the Building Committee for its ongoing review of the project and will not be returned to the submitter.
To assure that the Building Committee can contact the owner, the contractor and/or job superintendent in case of emergencies, the Building Committee requires that the owner keep current contact information on file with the Building Committee at all times. The attachment to this document is a form to be filled out by the applicant at the beginning of the project. Three copies are to be submitted to the Building Committee. If changes of this information are made during the course of the project a resubmission (three copies) is required.
2.10 Construction Compliance Deposit
A Construction Compliance Deposit of 1% of the estimated cost of new construction or extensive renovation is to be submitted to the HHPOA Building Committee with the application for review. Upon approval of the project plans, the money will be deposited in a non-interest bearing escrow account. Upon 100% completion of the residence, site work and landscaping, the owner will notify the HHPOA Building Committee and formally request a compliance inspection. This inspection must be satisfactorily completed before the Compliance Deposit can be returned. The following items will be inspected: driveway completed per plan; house design and colors per plan; proper drainage; roof vents and chimney caps painted; restoration of sod in front of residence and other adjacent areas damaged by the construction activity; construction materials, equipment and debris removed; repair of any damage to adjacent properties, including HHPOA roads and drainage features. If there has been no necessary work performed using Construction Compliance monies during construction and if the final inspection is acceptable, then the deposited monies shall be returned to the party from which they were received within 30 days. If Construction Compliance monies were expended to assure conformance over the construction period, those monies will be deducted from the refund of the Construction Compliance Deposit. A Construction Compliance Deposit may not be required for small modifications or additions.
3. The Review Process
The HHPOA Building Committee will include in the review process the measurable standards spelled out in the Covenants as well as the overall effect of design taste, which cannot be totally reduced to measurable standards.
The overall aesthetic impact is as important for Hawthorn Hills as meeting the design criteria; therefore the following guidelines are not the exclusive basis for decisions and compliance does not guarantee approval of any application.
3.1.1 House Size
Dwellings shall have a heated living area of not less than 1800 square feet exclusive of porches, garages, and basements. A basement is defined as the lowest floor of a house, usually at least partially underground and located just below the principal story of the house.
3.1.2 Design Considerations
The HHPOA Building Committee is mainly concerned with the exterior design of the home. However, floor plans are a part of the review process to ensure that there is no attempt to divide a home into two or more separate living quarters, or convert garage space into living space. Therefore, general understanding of internal space utilization is important to the review process.
3.1.3 Exterior Design Evaluation
Exterior design evaluation considers all of the following elements:
126.96.36.199 Site Utilization
Relationship of new construction to existing natural and man-made features, views from and to the home, access to common areas, drainage features, drives, and parking. Views to the home refers to what is seen by residents and visitors not located on the property itself.
Overall design quality of building elements as they relate to one another and the relationship of the whole to adjacent development; specifically considering form, function, scale, and color. Emphasis is placed on the design of all sides of the house and exterior points of interest attained by design and use of materials. Therefore, materials typically used for commercial structures well may be inappropriate for this residential area.
Relationship of exterior openings (doors, windows, vents, skylights, etc.) to each other and to the solid portions of the house for compatibility of these openings with the overall design and fenestration detailing.
Proportion and appearance in relation to the body of the house, color, and texture; pitch of significant slope (most desirable at least 7 in 12) with at least one roof break to provide a sense of character to the roof. Mechanical equipment, vent covers, and stacks must complement the roof color. Weight -- cedar shakes, heavy textured asphalt shingles or natural slate are appropriate. Eave overhangs may extend over setback lines by no more than two feet. Gutters, windows and trim must complement the aesthetics of the house.
Proportion and balance with the rest of the house.
188.8.131.52 Exterior Materials and Colors
Exterior material and color selections are two of the most important elements of the architectural criteria. In this sense, materials such as wood, stone, and brick make a positive visual contribution, while materials such as shiny metals do not. Repetition of just a few materials and colors generally makes for a stronger, more cohesive home design in a wooded mountain setting.
All drives or driveways must be carefully located for practicality and appearance. Steep slopes require long drives that should curve gently with the land contours, meet the road at a safe angle, and be graded so that there is no runoff from the driveway onto the road. Only one driveway entrance will be permitted for each lot unless approved by the HHPOA Building Committee. Most roads have side swales for drainage; those driveways require culverts under them where they cross the swale. Culverts must be drainage pipe, with 15 inch minimum diameter and 20 foot minimum length. Driveways will have a minimum width of nine (9) feet and shall be surfaced with asphalt, concrete, or other hard surface pavement. Final surfacing of driveways must be completed within five (5) months of the completion of construction.
184.108.40.206 Vehicle Storage
Vehicle storage is a required part of a home in Hawthorn Hills. The garage design is integral to the house design and shall be reviewed for suitability along with the home review. Garages may not open to the front lot line unless the Building Committee grants written permission, which shall be based upon topological or access reasons. No garage shall be smaller than required for two (2) four-wheeled passenger vehicles or larger than required to house four (4) four-wheeled passenger vehicles.
220.127.116.11 Building Setbacks
The minimum front setback is 50 feet from the centerline of the frontage road. Other setback requirements shall be the same as those setbacks specified by the applicable Henderson County Zoning Ordinance, or as shown on recorded plats, whichever is greater, and shall be applied. Notwithstanding any provision to the contrary, no building shall be located nearer than 25 feet to any inside lot line. In cases of unusual topographic conditions, the Building Committee may approve a variance of not more than twenty (20) percent; such written approval to be recorded in the Henderson County Registry.
All fencing plans shall be submitted to the HHPOA Building Committee for approval. Fencing is not permitted to serve as a property line barrier. Whether visible or not, it must lie entirely within a single property, and cannot be installed within a right of way, easement, or other legally restricted area. In some situations, fencing may be erected in short sections for specific purposes such as screening utility yards, mechanical equipment, private patios, and entry courts, or for containing small pet areas. The purpose of erecting a small amount of fencing for pets is to facilitate periodic exercise, not to provide a regular habitat. In general, fences should be: (1) attached to the house; (2) hidden from the view of persons outside the property as much as possible; (3) no more than four feet in height, although shorter fences are encouraged; and (4) designed so they do not function as a visual screen. Chain-link fences are not acceptable.
No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property for sale or for rent, or such signs as may be used by a builder to advertise the property during the construction and sales period.
18.104.22.168 Mailboxes, Mailbox Posts, and Newspaper Boxes
Mailboxes, mailbox posts, and newspaper boxes are to be black. The boxes should be of traditional shape as approved by the Postmaster General and should have a red flag; their height above the ground should comply with postal regulations. Newspaper boxes should be attached to the mailbox post or to the mailbox itself. Neither box should bear decals or decorative covers, but may bear markers to guide carriers. Decorations for special family events (birthdays, etc.) should be removed the day following the event. Attaching special decorations for holidays (Christmas, New Years, Fourth of July, etc.) is encouraged, but the decorations should be removed within a reasonable period of time after the holiday and should be replaced promptly if damaged.
The Building Committee has the following expectations regarding the performance of the Owner and the Contractor during construction. Please note that the Owner is ultimately the one who answers to the Committee.
The project shall be completed as described by the drawings and specifications approved by the Building Committee and shall be in compliance with all Protective Covenants of Hawthorn Hills.
4.2 Code Conformance
Construction shall conform to the latest requirements of the North Carolina State Building Code, North Carolina Plumbing Code, the National Electric Code and pertinent national, state, and local codes. Each contractor or subcontractor is responsible for ensuring work meets such requirements and obtaining all approvals.
4.3 Clean Site
The construction site shall be kept clean. Silt fences and erosion control measures shall be installed prior to any clearing. Stumps, wood or other material shall not be dumped on the current site or adjacent lots. Surrounding lots shall be cleaned of trash originating from the project at least once a week during the construction phase. The road and drainage ditch/right of way in front of the lot shall be kept clear of dirt, mud, trash, etc. at all times during construction. Mud on the roadways shall be minimized and cleared off the roadways periodically. As a temporary measure, culvert pipe shall be placed under any construction access road at a drainage ditch location, if necessary.
4.4 Pets on Site
Bringing pets to the job site is discouraged. However, if they are present they must be leashed and contained within the property boundaries consistent with existing Covenant requirements.
4.5 Good Neighbor Behavior
Construction vehicles shall not block roadways or mailboxes. Neighboring driveways shall not be used for parking or turnarounds. Loud music, which may bother neighbors, shall not be permitted.
4.6 Adherence to Protective Covenants
Careful adherence to the Hawthorn Hills Protective Covenants will help insure approval of construction plans.
HAWTHORN HILLS PROPERTY OWNERS ASSOCIATION
HAWTHORN HILLS BUILDING COMMITTEE
CONSTRUCTION APPLICATION & AGREEMENT
(SUBMIT THREE COPIES)
CONSTRUCTION REVIEW - EXHIBIT A
Address of Project _________________________________ Lot___________
Telephone __________________________ Cell Phone____________________
Telephone __________________________ Cell Phone_____________________
Contractor's License Number _______________________________________
Telephone __________________________ Cell Phone_____________________
Emergency Contact ________________________________________________
Telephone__________________________ Cell Phone_____________________
CHECKLIST - EXHIBIT B
__Preliminary stakeout required
Actual Sq Ft ______ HVAC Sq Ft _____ ____% Brick or Stone of exterior surface
__ Site Plan to Scale ____ Exterior Materials Descriptions
__ Schematic Floor Plan to Scale Color/Mfg/Name/Number, if available or samples
__ Schematic Elevations to Scale ___________________________________
CONSTRUCTION COMPLIANCE DEPOSIT - EXHIBIT C
Construction Compliance Deposit
(New Construction or Major Exterior Renovation) 1% of estimated construction budget
The Construction Compliance Deposit is held in escrow throughout the duration of the project in a non-interest bearing account. Any expenditure will be deducted from this account. The balance remaining when the project has received final approval will be refunded to the entity submitting the initial funds.
CONSTRUCTION AGREEMENT – EXHIBIT D
1. Owner and Contractor have read and agree to the terms and provisions of the Hawthorn Hills Protective Covenants and the Construction Requirements. Failure to comply will result in HHPOA taking measures to bring the building site into compliance.
2. The project will be completed as described by the submitted plans and materials approved by the Building Committee and must be in compliance with all Protective Covenants of Hawthorn Hills.
3. The construction site will be kept clean.
4. Contractor is responsible for the conduct of all workers performing services on this project at all times.
5. Any restorative, enforcement or maintenance efforts expended by HHPOA to correct non-compliance during construction or renovation will be paid from the Construction Compliance Deposit.
6. Any changes from the originally submitted plans and materials to the exterior of the home or the site must be approved in writing by the Building Committee prior to action.
7. Silt fences and erosion control measures must be installed prior to any clearing. Erosion control must be in compliance with EPA requirements. If the builder fails to install a silt fence and the HHPOA must do so, the cost shall be deducted from the Construction Compliance Deposit.
8. Stumps, wood or other material may not be dumped on adjacent lots. Construction material and/or debris may not be placed on adjacent lots. If debris is blown onto adjacent lots, it must be removed immediately.
9. The road and drainage ditch/right of way in front of this lot must be kept clear of dirt, mud, trash, etc. at all times during construction. Mud on the roadways shall be minimized at all times. Failure to control mud and mud build-up on roads is grounds for a HHPOA ordered clean-up paid from the Compliance Deposit.
10. Lots will have a drainage ditch established by builder along the front of the property lines, if necessary, to allow water from road to drain off the right of way. No lot will be allowed to slope toward the road without a drainage ditch installed. Contractor will make provision to prevent above normal rainwater, mud, and silt from affecting abutting properties.
11. Any dogs or pets brought to the job site will be leashed and contained within the property boundaries. Loud music, which may disturb neighbors, is not permitted.
12. Construction vehicles shall not block roadways or mailboxes. Neighboring driveways shall not be used for parking or turnarounds.
13. Construction shall conform to the latest requirements of the North Carolina State Building Code, North Carolina Plumbing Code, the National Electric Code and pertinent national, state, and local codes. Each contractor or subcontractor is responsible for ensuring work meets such requirements and obtaining all approvals.
14. It is understood and agreed by both owner and contractor that failure on their part or on the part of either of them to comply with the terms and provisions of any part of the HHPOA Protective Covenants and/or Construction Requirements may result in a cease-and-desist order and/or forfeiture of the portion of the Deposit amount which might otherwise have been returned
I have been given a copy of the HHPOA Protective Covenants and the Construction Requirements. I understand said requirements and agree to abide by the Covenants and Requirements. I submit with this form a check in the amount of ___________________, which is one percent of the estimated construction cost as a Construction Compliance Deposit. I understand that any expenditures incurred by HHPOA to keep my construction site in compliance with the Covenants and Requirements will be deducted from this Deposit.
Building Contractor Signature Date
Owner Signature Date
This project approved by HHPOA Building Committee.
Chair Signature Date