#Architectural Requirements - Longwood Neighborhood In Conroe

ARCHITECTURAL CONTROL COMMITTEE

Vickie Frame, Amber Adams, Larry Harrison

281 731 3446

Section 4.1 General. The construction of Dwellings and other structures within the Subdivision shall conform to and be uniform in the following respects with regards to construction standards and requirements. The Longwood Owners’ Association maintains a community-wide image of freshness and quality with harmony of design and construction. Preservation of as many trees as possible is desired. Energy saving concepts in design and construction are viewed as important. Dwellings constructed and completed under prior Standards shall not be affected by any of these provisions which differ from, or are more restrictive than the standards in effect at the time such Dwelling was built. However, all new construction or remodeling must conform to standards and restrictions, as updated and amended, at the time of construction and remodeling.

Section 4.2 Size of Dwelling and Building Sites; Easements.

Dwelling Size. Each Dwelling shall contain a minimum of nineteen-hundred square feet (1,900 ft²) of living area, exclusive of garages, porches, patios and decks and shall be constructed with attached garages of sufficient size to house at least two automobiles.

Building Site. A Building Site for a Dwelling must contain at least six-thousand square feet (6,000 ft²) of land area and no Lot, tract or parcel of land shall be divided or separated or conveyed as a Building Site which does not contain at least six-thousand square feet (6,000 ft²) of land area. No Dwelling constructed on a Building Site may cover more than sixty percent (60%) of the land area with house, porches and decks, excepting wood or composite decks are not included in the coverage area.

Easements. All construction in Longwood Subdivision must conform to existing easements as recorded in the Real Property Records of Montgomery County, Texas. As recent amendments to the City of Conroe building restrictions establish minimum front, side, and rear setbacks, the more restrictive set back, as shown on the Plat or the restrictions, or the Building Code shall prevail.

Section 4.3 Topography and Drainage

Drainage. No water from any home may run across or through any other property without an easement being granted prior to commencement of construction. Contractor shall take necessary measures to control all erosion during and after construction.

Guttering and Storm Drainage. All appropriate roof edges (as determined by the Architectural Control Committee, in its discretion) on all sides of the Dwelling must be guttered. Down spouts should be sized and located such that the water in a normal heavy rain can be handled without overflowing the gutter. All water from the roofs must be moved to the curb except the front water which may surface drain if it does not run across adjacent property.

Drainage Plan. A drainage plan must be submitted to the Architectural Control Committee when seeking approval for a Dwelling with such plan showing the relationship between the Dwelling and adjacent property and street(s), with drainage flow indicated. At completion of the Dwelling, drainage flow must be as indicated on the approved plan. Owner will be required to correct any non-conforming drainage flow.

Should there be a conflict regarding Article 4, Section 4.3 a, b, or c above, an engineering drainage plan may be required by the Architectural Control Committee for final approval.

Section 4.4 Construction Standards.

Materials and Construction Specifications

Brick. Exterior shall be at least seventy-five percent (75%) brick. The brick shall be “Alamo Queen” brick or an Architectural Control Committee approved brick that is equal in color and quality.

Driveways, Walkways and Patios. Driveways, and walkways or patios visible from the Common Areas must be patterned concrete in a design and color matching existing Dwellings. The stain is Sherwin Williams, H & C Concrete Stain – (Contact the Longwood ACC for a Custom Manual Match (formula on file at Sherwin Williams).

Exterior Lighting. Yard lights and coach lights shall be traditional and of a style similar to those used in the Common Areas. Approval of the Architectural Control Committee is required before installation.

Exterior Trim. Exterior trim may be rough-sawn cedar, smooth fir, or Hardi-Plank. Materials such as stucco, vinyl or aluminum siding are prohibited. Exterior trim shall be painted with Sherwin Williams, #SW 7542 Naturel, or approved equivalent in a matching color.

Fences. Perimeter fencing may be of brick matching the Dwelling or wrought iron, except on any portion of the fence that faces the street. Portions of the fence that face the street shall be of brick matching the Dwelling with the gate(s) to be wrought iron. Chain link or wooden fences are prohibited within the Subdivision. Fences shall be at least six feet (6 ft) in height for free-standing homes and seven feet (7 ft) in height for town homes or patio homes. Any fence construction or retaining wall with an easement would have to be approved by the City of Conroe and the utility companies involved; removal of this fence or repair of any damage caused or required by utility operations would be at the expense of the Dwelling Owner.

Fire Walls. Fire walls must be constructed in accordance with the Building Code. In addition, the design of the wall shall be compatible with the existing fire walls in the Subdivision.

Foundations. In accordance with the Building Code, the top of the finished foundation must be at least twelve inches (12 in) above the highest ground adjacent to the slab, or in compliance with City Code. In no case should water be allowed to drain to or stand against the foundation. A positive downhill slope of at least five percent (5%) should be established by the builder and maintained by the Owner.

Garages. Garages shall be attached to the Dwelling. Garage doors must be embossed panel doors, containing no windows and be similar to garage doors on existing Dwellings. Garage doors may be of wood or metal and shall be painted to match the trim of the Dwelling. Working automatic garage door openers are required.

Gutters. All appropriate edges of the roofs (as determined by the Architectural Control Committee, in its discretion) on all sides of the house must be guttered with gutters and downspouts painted to match trim.

House numbers. House numbers compatible in size and color to existing house numbers shall be placed in plain view of the street, as close as possible to the street.

Insulation. Houses shall be constructed using energy saving concepts in all exterior walls and the ceiling with ceiling insulation values of R-30 or higher.

Landscaping. Landscaping shall be harmonious with that of existing Dwellings, shall be installed during the construction phase and will require approval of the Architectural Control Committee before installation.

Lawn Sprinkler System. An automatic law sprinkler system is required for irrigating all landscaped areas on all sides of the Dwelling. Zoning is strongly recommended and a separate water tap and meter should be considered to avoid paying sewer charges for irrigation water.

Roof. Roofing to be GAF “Timberline-HD Weathered Wood” composition or approved equal in a color matching existing Dwellings as nearly as possible. Lines of shingles should be straight and parallel with the horizontal fascia of the Dwelling. The pitch and design of the roof shall conform to existing Dwellings. Chimneys must be constructed of brick; the chimney top must be at least two feet (2 ft) above any roof line within ten feet (10 ft); the chimney must have a spark arrestor installed.

Soil Borings and Foundation Design At least two (2) soil borings fifteen feet (15 ft) or more in depth shall be made on the site to determine the characteristics of the soil. A written report by the soil engineer together with his recommendations regarding foundation as applicable by the building code of the City of Conroe, Texas, should be utilized to design the foundation and slab. A copy of the slab design, signed and sealed by the designing engineer, as applicable by the building code of the City of Conroe, Texas, should be provided to the City of Conroe Permit Office when applying for a construction permit.

Utility Services. Electricity, telecommunications, gas and other transmission or service lines shall be underground throughout the Subdivision.

Windows. Metal or vinyl windows must be approved by the Architectural Control Committee before purchase. The windows must be tan in finish, be of insulated glass with two or more panes. Divided light appearance is required wherever windows are visible from the Common Areas.

Solar screens. Solar screens must be approved by the Architectural Control Committee before purchase or installation. Screens visible from the Common Areas shall be brown in color with a frame colored to match the original windows frames (e.g. tan). The screens must have divided lights and be of style consistent with existing solar screens.

Retaining Walls. Retaining wall design must be approved by the Architectural Control Committee.

Variances. Should circumstances warrant, the Longwood Owners’ Association shall have the authority and discretion to grant reasonable variances as to any provision in Article 4, Section 4.3 and Section 4.4, but is not obligated to do so. Upon the recommendation of the Architectural Control Committee, the Board may consider any requested variance(s) and elect to grant or deny the variance at their sole discretion without explanation. Requests for variances must be submitted in writing together with any proposed justification.

Any Other Item. Any other item or element of construction not specifically addressed in this Declaration shall conform to the Dwellings existing in the Subdivision as to design and appearance and be equal to or better in quality of construction.

Construction Quality and Job Site Conditions.

City of Conroe Permits. To the extent required by the Ordinances of the City of Conroe, Texas a Construction Permit is required prior to commencing construction. To the extent required by the Ordinances of the City of Conroe, Texas, a Certificate of Occupancy is required prior to the Owner moving into the Dwelling. The contractor is responsible for complying with all rules and regulations set forth by the City of Conroe.

Insurance and Indemnity. The General Contractor shall pay to the Longwood Owners’ Association, upon demand, the reasonable cost to repair (or replace) any damage to streets, Common Areas, property of others or other damage to the Subdivision occurring during and caused by construction or resulting from construction activity. The General Contractor shall provide to the Longwood Owners’ Association a certificate of liability insurance coverage in a uniform amount determined by the Board of Directors of the Association in accordance with the Bylaws, but in no event less than $100,000 to cover liability for any damage caused during construction, including damages caused by the general contractor, his subcontractors, suppliers, material men or other persons having access to the job site through the contractor. Such liability coverage shall not be cancelable without fifteen (15) days’ prior notice to the Longwood Owners’ Association.

Construction Code. Construction in the Longwood Subdivision must conform to the Building Code as currently amended and adopted by the City of Conroe, Texas, at the time of construction.

Conflicts in Standards. Should there be a conflict between the City of Conroe Code and the Standards and Requirements of this Declaration, the more stringent standard will prevail.

Workmanship Quality. Acceptable quality of workmanship is defined as work satisfying the City of Conroe Code as well as being square, plumb, level and executed at a journeyman level of excellence in all aspects of the construction.

Materials Quality. The quality of the materials used in new construction and remodeling shall be equal to or better in appearance, quality, soundness, and durability than materials used in existing Dwellings in the Subdivision. Types of materials are addressed elsewhere in Article 4.

Job Cleanliness. For each Dwelling being constructed, the contractor must deposit with the Longwood Owners’ Association the uniform amount set by the Board, in accordance with the Bylaws, to insure prompt job site cleanup within ten (10) days of job completion. The work site must be free of unsightly trash and waste. A dumpster must be replaced or emptied when full. Trash scattered beyond the job site by whatever cause shall be picked up by the contractor within one (1) business day. If scattered trash is not picked up promptly, the Association may in the discretion of the Board of Directors have it removed and charge any resulting cost to the contractor to be deducted from the contractor’s cleanup deposit. If the cleanup deposit is inadequate to pay for the cost of cleanup by the Association, the contractor and Owner shall be held responsible for any deficiency.

Construction Toilet. A construction toilet is required on site from the start of the Dwelling construction job with each such toilet to be serviced at least one time per week. No odors may emanate from the toilet.

Notice to Residents. Contractor must notify all affected residents at least twelve (12) hours prior to any utility service interruptions.

Street Access. At no time shall construction traffic or materials block any street or block access to a resident’s home. Materials may not be stored in the street.

Timeliness of Completion. All construction shall be pursued diligently from its inception to conclusion without cessation and such construction shall be completed within nine (9) months from commencement excluding time lost due to Acts of God beyond the contractor’s control.

Contractor’s and Owner’s Agents. Contract and Owner shall each designate and furnish to the Architectural Control Committee the name and telephone number of an agent available for twenty-four (24) hours per day contact during construction.

Construction Site Access.

Access Time

Monday through Friday 7:00 a.m. to sunset

Saturday 9:00 a.m. to sunset

Sunday 12:00 noon to 6:00 p.m.

Security Gate Access. The security system has a digital key pad which controls the entrance gate. Each building contractor will be given a code number to use during construction and will be responsible for security control of his agents, suppliers, employees, or any person associated with the construction. When construction is complete, or before if circumstances dictate, that number will be canceled. A new number will be assigned if it is necessary to cancel the access number before completion of construction.

Section 4.5 Architectural Control Process. The following items, with all cost for preparation to be borne by the person or entity seeking approval, shall be submitted to the Architectural Control Committee when seeking the required approval:

Preliminary Stage. If a preliminary opinion is desired as to the compatibility of a proposed house design with the Subdivision before going to the expense of preparing complete plans, the following should be submitted:

two sets of preliminary plans with a plot plan to scale. Show intended type of fencing.

elevations of all four sides showing intended materials.

Permit Stage. When ready for final approval to begin construction, the following should be submitted:

two sets of professionally prepared construction plans in full detail, clearly dimensioned and to scale, showing all finishes, structure, and materials, and showing all elevations.

plot plans dimensioned and to scale, showing building lines, easements, structure placement, topography with elevations noted, and drainage pattern indicated. Show sprinkler system and fences. Note size, type and location of fence.

provide a copy of easements received for fencing, drainage, and sewer/water connections, if needed.

submit soil boring information for proposed construction site as approved by the City of Conroe with engineer’s foundation recommendations and sealed foundation design.

submit to the Association written proof that soil boring information required by Article 4, Section 4.4 a.-15) has been approved by the City of Conroe.

proposed color scheme for the exterior with sample for materials proposed as “like kind and quality” to those called for in the Declaration.

landscaping is required to be completed during construction; a landscaping plan must be approved before landscaping commences.

name, telephone number and address of OWNER, BUILDER, and ARCHITECT.

Deposit of Funds and Proof of Liability Insurance. Builder or Owner must deposit the amount set by the Board, in accordance with the Bylaws, to ensure cleanup and also provide a Certificate of Liability Insurance in the amount of $100,000 or more, as set by the Board in accordance with the Bylaws.

Agreement between Builder, Owner and Association. Builder and Owner will be required to sign an agreement indicating that they understand the restrictions and covenant and warrant that they will comply with all restrictions.

Approval by Architectural Control Committee. The Architectural Control Committee will give approval or rejections as provided in Article 3, Section 3.3 c) hereof, as follows:

approval or rejection in writing within twenty-one (21) days after submission of all required information;

rejection notice will give sufficient detail for applicant to understand the Committee’s basis for rejection and allow for resubmission in compliance;

if Architectural Control Committee fails to respond within twenty-one (21) days, submission is deemed fully approved;

in each case of resubmission, the Architectural Control Committee shall make a decision within twenty-one (21) days or the submission is deemed fully approved as resubmitted. Each rejection must be in writing and give detail sufficient for resubmission in compliance;

no construction activity may commence until approval is received in writing.

Section 3.3 Architectural Control.

General. At no time shall any person, whether an Owner, as defined above, or otherwise, erect, place or alter any structure in the Subdivision until such person has first obtained written approval from the Architectural Control Committee of the final building plans, specifications, and plot plan showing the location of such structure as to conformity and harmony of external design with existing structures in the Subdivision, and as to location of the building with respect to topography and finished grade elevation. For the purposes of this Section 3.3, the word “alter” shall mean any change, or modification of the exterior of a Dwelling or other structure which is visible from any portion of the Common Areas. Without limiting the meaning of the word, “alter”, such word shall include:

the installation of any antenna or other device designed, or used in connection with any communication equipment, and

any change in the exterior design, or the color, texture or materials composing the exterior veneer, trim or siding of a Dwelling or of the exterior windows, doors or trim around such windows and doors.

Architectural Control Committee. The Architectural Control Committee shall be comprised of at least three (3) persons who shall be appointed by the Board of Directors.

Timing and Approval of Plans. Any person, whether an Owner, as defined above, or otherwise, desiring to erect, place or alter any improvement or structure in the Subdivision shall make written application for approval to the Architectural Control Committee prior to the commencement of any such construction, or alteration or delivery of materials for such construction or alteration. The person making application shall bear all costs for preparation and submission of such application, including, but not limited to, the requirements set out in Article 4, Construction Standards and Procedures. The Architectural Control Committee shall act on all applications within twenty-one (21) days after the Architectural Control Committee has received the plans and complete information as described in Article 4 or the application shall de deemed fully approved. If any application is disapproved, the Architectural Control Committee shall state the reasons for the denial in writing in sufficient detail for the applicant to make necessary revisions for resubmission. In each case of resubmission, the Architectural Control Committee will act to approve or disapprove within twenty-one (21) days. The Architectural Control Committee shall decide on all applications by a majority vote.

Interiors. Subject to the other provisions of this Section 3.3, each Owner shall have the right without approval to repair, decorate, redecorate or improve the interior of Owner’s Dwelling, provided that such action does not impair the structural integrity, weaken or otherwise adversely affect any other Dwelling or affect any part of the Common Area.

Subdivision Appearance. It is important to maintain the overall appearance of the Subdivision, including routine mowing, edging and weeding of flower beds. In order to assure all Owners of a continuing level of excellence through the Subdivision it is necessary that, except for normal maintenance, no Owner shall landscape, repair, decorate, redecorate, paint, stain, or improve the exterior of Building Sites without prior approval of the Architectural Control Committee.