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Supplemental Architectural Restrictions - Types of Improvements

HOA File: 

The following restrictions have been developed and promulgated by the Association in accordance with Article IX, Section 9.2.2 of the Amended and Restated Declaration and are applicable to all new construction and all modifications or improvements. These restrictions are not part of the Declaration and can be amended by the Association without a vote of the Owners.

There is no requirement that these restrictions be recorded or rerecorded if amended or modified. Each builder and Owner is cautioned to request the most current version of the restrictions prior to undertaking any improvement. The most current version shall be on file with the Association.

The following is a list of rules, guidelines, and restrictions for specific types of improvements. Some specifications are mandatory, while others explain a range of options. The board will consider reasonable alternatives as long as they are consistent with the character and quality of Beckett Ridge, and within the framework of the community's common interest.



BASKETBALL GOALS

Statement of Policy

Basketball goals are discouraged if placed anywhere between a street and a building. The Board is concerned about the possibility of an errant basketball entering a street and causing injury to a driver or a pedestrian in pursuit of the ball.

The Board recognizes, however, the existing popularity of basketball goals in the development, so they are permitted subject to the following conditions.

Location

  1. The center line of the vertical pole must be at least 31 feet from the nearest street curb, and at least 5 feet from any property line. 
  2. Basketball goals should be located at the back of driveway turnarounds where possible.
  3. Basketball goals may not be placed in Common Open Space.

Type

Post Mounted

  1. Backboards may be mounted on metal or wood poles. Metal poles must be of standard quality, such as steel or iron. Wood poles (or posts) must be square and have a minimum nominal width and depth of 6 inches.
  2. The Poles must be installed in poured concrete to a depth of at least 24 inches.

Roof or Exterior Wall Mounted
There are no specifications other than standards of quality and security. Because of their appearance, goals mounted on buildings are specifically discouraged.

Maintenance
Poles, Backboards, hoops, and nets must be maintained in very good condition. One measure of condition is that they should appear to be relatively new regardless of their actual age.


DECKS, PATIOS AND WALKWAYS

Statement of Policy

These improvements are actually an extension of a house and must be compatible in style, color, and material. Decks must be wood. Patios and walkways may be of any material except unfinished asphalt. Landscaping should be a part of their design, especially exposed areas under decks. Their locations on the lot must not reduce the width of existing side yards when adjacent to other houses. If required for safety, hand rails must be at least 36 inches high. Any portion of a patio or deck that is covered by any type of material or surface will be evaluated as a porch.


ENCLOSURES

Statement of Policy

All physical and sight barriers are discouraged in order to keep the general appearance of Beckett Ridge open an unobstructed. The developmentÕs primary concept is to have housing units arranged in clusters or corridors surrounded by open areas for common use. By definition, any barrier defeats this concept, and the gradual accumulation of individual barriers will eventually destroy the development's integrity.

The Board recognizes, however, the existing popularity of enclosures in the development, so they are permitted subject to the following conditions.

FOR PRACTICAL PURPOSES, THE DEFINITION OF AN "ENCLOSURE" IS ANY MAN MADE FENCE.

General Provisions

  1. The placement of enclosures shall not violate any building setback requirements as specified by the Beckett Ridge Planned Unit Development or other applicable zoning laws or building codes.
  2. The Board may restrict fences to specific styles and may deny or restrict installation on specific lots.
  3. No fence or wall shall extend beyond the front setback line (or front and side setback line on any corner lot) of the house or residence.
  4. Features that will be reviewed include, but are not limited to, color, material, design, stability and general appearance.
  5. No enclosure that includes any amount of metal, chain link, or similar surfaces will be permitted.
  6. With the exception of Item 4 above, which prohibits metal fences, the Board may grant guideline variances to any property line adjacent to a public right-of-way located outside the Beckett Ridge Development.

Perimeter Fences

  1. Perimeter fences must be of wood, split rail design. Exception will be granted in specific plats to permit variations on the split-rail design; similar fences must be in view on land inside the development.
  2. They must not exceed a height of four feet (48 inches).
  3. They must be located within one foot of a property line. Given the setback requirements, mentioned in The General Provisions, Item 3, corner lots will require fences to extend directly off the rear corner of the home adjacent to the road and proceed directly back to within one foot of the rear property line.
  4. They may not be placed on any lot that does no contain at least 10,000 square feet of land area, with two exceptions; a. A blanket exception has been granted to lots in the SARATOGA FARMS plat. b. An exception may be granted to any lot adjacent to a public street located or adjacent to a drainage ditch (creek) with a constant annual flow of water.
  5. No perimeter fence is permitted on lots abutting the golf course.
  6. If a secure fence is needed for pets or children, the Board may allow a liner to be attached to the inside of the fence components. The liner material should be an open, woven wire fence or a vinyl net. In every case, the liner must not detract from the appearance of the primary fence. One measure of detraction is whether the liner is obvious at first glance. In all cases, the Board will expect the liner to be similar to others in the vicinity.

Patio and Swimming Pool Enclosure

The primary distinction between Perimeter Fences and Patio or Swimming Pool Enclosure is that Patio and Swimming Pool Enclosures may have a solid surface such that they create a visual block (opened or closed). Such fences are often referred to as Òprivacy fencesÓ and the following conditions apply.

  1. No enclosure or combination of enclosures around a patio may enclose an area greater than 300 square feet. An enclosed area is defined as any combination of fences that create space. For example, two parallel walls define the space between them.
  2. No enclosure or combination of enclosures around a swimming pool may enclose an area greater than 3,500 square feet. An enclosed area is defined as any combination of fences that create space. For example, two parallel walls define the space between them.
  3. If both a swimming pool and patio are enclosed, the area of both must not exceed that for the swimming pool (3,500 Square feet).
  4. No patio enclosure shall extend more that sixteen (16) feet from a house, and all enclosures must abut a house.
  5. No patio or swimming pool enclosure shall exceed six (6) feet in height.
  6. No patio or swimming pool enclosure on a lot that abuts the golf course shall exceed four (4) feet in height. An exception will be granted to any portion of such an enclosure that is at least fifty (50) feet from the property line common to the golf course.
  7. All swimming pool pumps, filters and similar equipment must be enclosed by a solid fence, either the swimming pools enclosure or a separate enclosure, such that the equipment can not be seen off the lot.


EXTERIOR FIREPLACES

Statement of Policy

Permanent Structures designed for the preparation of food outside a dwelling are permitted if they are not a dominate feature of the landscape.


FLAGPOLES

Statement of Policy

Permanent flagpoles for the display of the flag of the United States of America shall be permitted with the prior written approval as provided for in Section 9.2.1 of the Amended and Restated Declaration of Common Open Space for Beckett Ridge Association #1 provided that the pole and flag size is not out of proportion with the Dwelling Unit and Parcel. No exterior lighting shall be permitted without the prior approval of the Board. Flags shall be displayed in accordance with the following:

  1. The patriotic customs set forth in 4 U.S.C.A. 5-10, as amended, governing the display and use of the flag of the United States.
  2. The consent of the Parcel owner or of any person having lawful control of the Parcel.
  3. The recommended flagpole standards set forth in ÒOur FlagÓ published pursuant to S.C.R. 61 of the 105th Congress, 1st Session (1998).
  4. Any federal law, proclamation of the President of the United States or the Governor of the State of Ohio, a section of the Revised Code, or local ordinance or resolutions.


MAILBOXES

Statement of Policy

Mailboxes and mailbox foundations must be of a simple design and may not be constructed of components not customarily used in the vicinity. They may not resemble any object other than a traditional mailbox.


OTHER STRUCTURES, STORAGE, OUTBUILDINGS, PERSONAL PROPERTY

Statement of Policy

Freestanding structures other than single family houses are not permitted on any lot. This includes trailers, shacks, barns, storage sheds, garages, gazebos, pavilions, bowers and arbors. Also, no improvement will be permitted if, in the BoardÕs opinion, it is obnoxious or offensive, or might interfere with the quiet enjoyment, comfort and health of any property owner or tenant. The Board will however, provide conditional approval for freestanding buildings if the applicant can show the improvement will enhance the property, adjacent properties, properties in the vicinity, and there are no objections from adjacent property owners. Under such circumstances, the Board may require written agreements from nearby property owners. Once the Board has provided this conditional approval the homeowner will then be required to seek West Chester Township zoning approval prior to final installation.

No recreational vehicles, boats, travel trailers or trucks shall be parked or stored on any portion of the Property unless the same are in a garage or other approved vehicle enclosure and out of view.

All garbage cans, rubbish, trash, debris and other unsightly material shall be kept in a container or other enclosure so as to be out of view of nearby owners.

No outdoor clothes hanging fixtures shall be permitted.

No outdoor boilers shall be permitted.


PARKING; VEHICLE REPAIRS

Statements of Policy

Trucks, trailers, campers, recreational vehicles, boats and other large vehicles may be parked on the Property only if in garages unless such vehicle is being used in connection with construction activities. No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the property. Vehicle repairs and storage of vehicles are permitted on the Property only if in garages. Recreational vehicles and boats may be parked in the driveways for a period not to exceed seventy-two (72) hours for the purpose of cleaning, loading or unloading.


PORCHES

Statement of Policy

These improvements are actually an extension of a house and must be compatible in style, color and material. If enclosed with glass or screens, the sash must match that of the house. Roof materials and designs should match the house.

 

RADIO AND TELEVISION ANTENNAS

Statement of Policy

No exterior antennas, aerials, satellite dishes, or other apparatus for the reception or transmission of television, radio, satellite or other signals of any kind shall be placed, allowed, or maintained upon any portion of the property, including and Dwelling Unit, without the prior written approval as provided in Section 9.2.1 of the Amended and Restated Declaration of Common Open Space for Beckett Ridge Association #1. Nothing herein shall be construed so as to be in conflict with current Federal Communications CommissionÕs rules and regulations for antennas.

Guidelines. These guidelines are to be interpreted so as to balance the right of the individual owners to receive acceptable quality broadcast signals in accordance with F.C.C. regulations with the right and duty of the Association to preserve, protect and enhance the value of the properties within the subdivision.

  1. Prohibited Apparatus.
    All exterior antennas, except the following, are prohibited: 
    1. An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one meter or less in diameter; or
    2. An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and that is one meter or less in diameter or diagonal measurement; or
    3. An antenna that is designed to receive television broadcast signals. 
  2. Permitted Locations.
    An antenna must be located in the rear yard or on the rear of the Dwelling Unit in such a manner so as not to be visible by a person of normal height standing at the edge of the street directly in front of the Dwelling Unit. Other locations are permitted if placement under these guidelines precludes reception of an acceptable quality signal. In such case, the owner and the Association shall attempt to find a location with the least visual impact upon the surrounding properties. An "acceptable quality signal" is one that is intended for reception in the viewing area and is consistent with the quality of signals received by others in the immediate vicinity. No location shall be permitted if installation creates a line of sight problem for drivers in the vicinity. The Association may prohibit a location that imposes a legitimate safety concern. An example of a location that imposes a legitimate safety concern is one that is near high voltage power lines or one where the guy wires obstruct legitimate pedestrian access
  3. Other Requirements.
    The Association may require that the antenna be painted in a fashion that will not interfere with reception so that it blends into the background against which it is mounted or that the antenna be screened so as to reduce the visual impact. Any such requirements must be reasonable in light of the cost of the equipment or services and the visual impact of the antenna. The Association may impose restrictions on methods of installation that create legitimate safety concerns. For example, permitted methods of installation may include reasonable height restrictions and adequate bolting and guying.
  4. Continued Maintenance.
    Each owner shall maintain any antenna in a reasonable manner so as not become unsightly. Each owner shall remove any antenna upon cessation of its use.


RECREATION AND PLAY EQUIPMENT

Statement of Policy

All recreations and play equipment must be of acceptable standard construction, approved by appropriate recognized agencies, and should be anchored to the ground.


RETAINING WALLS

Statement of Policy

The exposed portion of any retaining wall must be covered with brick, wood, stone or natural growth.


SIGNS

Statement of Policy

Permanent signs of any size or character are generally prohibited; however, temporary signs, such as those traditionally used by real estate agents, political candidates, and for personal property sales, are permitted during appropriate times. Temporary signs should not exceed a width or height of four (4) feet.


SWIMMING POOLS

Statement of Policy

No above ground swimming pools shall be permitted. The minimum in ground swimming pool size is 12 X 24 feet or ten thousand (10,000) gallons.


TEMPORARY STRUCTURES AND EQUIPMENT

Statement of Policy

No temporary structures or equipment are permitted except during a reasonable time for construction of approved improvements.

 


The above resolution was approved by the Beckett Ridge Homeowners Association No. 1 by the Board of Directors pursuant to the authority set forth in Article IX, Section 9.2.2 of the Amended and Restated Declaration of Common Open Space.

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Will any restrictions that are new to the existing homeowner restrictions allow "grandfathering" if they have something that was not restricted prior to the revision?

 
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We are only requesting approval of the restated declaration of common open space and the code of regulation.  No change is being proposed for The Supplemental Architectural Restrictions we currently use.  Since no "new"  restrictions are being proposed there will be no need to grandfather any existing homeowners restrictions.  Currently within Beckett Ridge some homeowners believe the restrictions in their section have expired.  If something has been done without filing an imporvement application because a homeowner believed their restrictions were no longer in force then that "improvement" should be reviewed between the homeowner and the board to determine what the appropriate community response should be.  In reviewing any application the board looks at how the improvement will ehnance the property, adjacent properties, properties in the vicinity, and if there are objections from adjacent property owners.  The board can also consider the state of the restrictions in the homeowner's section.  Once this has been done then the application can be approved, disapproved or, approved with conditions.  By filing an improvement application, even if you believe your restrictions have expired, allows the process to work for everyone's benefit.