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Architectural Review ANY OWNER WHO WISHES TO MAKE ANY ALTERATION OR ADDITION WHICH WILL AFFECT THE EXTERIOR OF HIS/HER LOT OR RESIDENCE IS REQUIRED TO OBTAIN THE APPROVAL OF THE BOARD PURSUANT TO ARTICLE X – ARCHITECTURAL REVIEW OF THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR HAMMOND’S MILL SUBDIVISION, PRIOR TO MAKING ANY SUCH ALTERATION OR ADDITION. Any owner who alters addition without the prior approval of the Board shall be deemed to violate this Declaration. Nothing in this Declaration or Architectural Standards shall be deemed to relieve any owner from obtaining all necessary consents and permits and otherwise complying with all applicable State and Local laws and ordinances. The Board of Directors has ruled that any homeowners with unpaid dues or fines to the HOA are NOT considered to be "members in good standing," and therefore WILL NOT be granted any Architectural Reviews until these debts have been resolved. The Board of Directors believes that people need to pay their bills first, before allocating funds towards additional expenses. Anyone found in these circumstances will need to contact the HOA to bring your account up to date and in good standings before Architectural Reviews can begin. Please view the Main Page (click here) and scroll down to the Contact Us section
NOTICE:
In accordance with the Declaration of Covenants, Conditions and Restrictions of Hammond’s Mill Subdivision; any changes to the exterior of your residence must be submitted to the Architectural Review Committee prior to beginning any work. Effective June 01, 2020, any changes done to the exterior of your residence, without obtaining Architectural Review and approval will be subject to a fine of Two Hundred Dollars, ($200.00).
Architectural Review Request Form
BASKETBALL BACKSTOPS
Amendment #4 to Architectural Standards – July 16, 2013
- Basketball backstops will be permitted in the backyard, side-yards and in the front drive-way. All backstops must be located on the homeowner’s property. No backstops will be permitted in the street right-of-way at any time.
- Any placement of backstops in the street right-of-way will be subject to fines as established by the HOA or removal, at the discretion of the HOA.
Flag Poles
- Manufactured, in-ground, flagpoles may be aluminum or fiberglass. Poles must be white, bronze, black or aluminum. Flagpoles may not exceed twenty-five (25) feet tall. Any lighting of flagpoles must be installed so that no direct glare is visible from adjoining properties. Flagpole, location and lighting must be approved by the Architectural Review Committee. All flagpoles must be installed in strict accordance with manufacturer’s recommendations.
Decks
Adopted April 17, 2012
- Decks are permitted in the rear lots.
- Decks may be constructed of wood or composite materials and must be painted or stained.
- All decks are subject to the review and approval of the Architectural Review Committee and the Berkeley County Department of Permits and Inspections.
- A building permit is required.
Exterior Color Schemes
Adopted April 17, 2012
- Exterior color schemes must be kept similar to the colors of the home when constructed.
- No bright colors will be approved.
- All exterior color changes are subject to review and approval by the Architectural Review Committee.
Site Grading and Storm Water Diversion
Adopted April 17, 2012
- No grading revisions will be approved that alter the flow of water from one Lot to another or that diverts the flow of water from the swale to the street or that restricts the flow of water into the culverts or catch basin.
Exterior Horizontal Storage Units
Amendment #1 to Architectural Standards – August 21, 2012:
- Exterior horizontal storage units are subject to the following guidelines:
- Dimensional restrictions: 96” long x 36” wide x 48” high.
- May be prefabricated of synthetic materials or custom constructed of materials to match the exterior of the dwelling.
- Storage units must have a floor and be lockable.
- Installation must be level and on a prepared foundation of gravel, wood, concrete, earth or masonry.
- Storage units in single family homes or villas must be installed against the house. Storage units at townhouses may be installed free-standing in the yard, but must be landscaped to help conceal the unit.
- Storage units may not be installed in the front of the home or be readily visible from the streets.
- All horizontal storage units design, construction, color and location are subject to Architectural Review. Only one unit will be permitted per lot.
Fences
Adopted April 17, 2012, Amended February 18, 2015, Amended August 07, 2023
- Pressure treated wood, vinyl or iron fences may be approved.
- Wood or vinyl fences must be one of three designs: flat top picket in arch shape; flat top pickets in reverse arch or dip shape; or flat top pickets with horizontal top rail.
- Wood or vinyl pickets must be nominal 1” x 4” spaced approximately 2 ½” apart. Wood or vinyl posts shall be minimum, nominal 4” x 4”.
- Aluminum and iron fences are subject to individual review. Fences with spikes on top will not be approved.
- All fence posts must be in concrete foundations minimum 30 – 36” deep.
- Fences must be installed parallel with the slope of the finished grade except at gate locations. No stepped fences with level, panelized sections will be approved.
- Manufacturer’s standard vinyl fence colors must be submitted for approval.
- Iron fence colors must be submitted for approval.
- Wood fences must be painted, stained, or preserved. Colors must be earth-tone or neutral. Colors are to be approved prior to finishing. Painting or staining must be applied according to manufacturer’s recommendations.
- Fences must be maintained in “like new” condition. This includes refinishing, replacement of twisted or bowed members, alignment of members and proper operation of gates.
- Fences shall not be permitted in the front lawn or front of any Lot. Fences are permitted on the back lawn or back yard of any Lot provided that such fence does not exceed four (4) feet in height. Permitted swimming pool fencing shall not exceed five (5) feet in height; party walls and fences in common ground areas are not included.
- Fences may be installed to the property-line; however, the post foundation must be entirely on the fence owner’s lot. The location of the property line is the sole responsibility of the homeowner. Fences may be installed from the corners of the house to the side property lines. The entire rear yard may be enclosed.
- Fences are not to be connected to neighboring fences or property.
- Avoid removing or covering property corner markers.
- Prior approval is required for all fences. Plans or description of location, material, construction, color etc. must be submitted for approval.
- Location of underground utilities is the responsibility of the homeowner. Contact Miss Utility before digging.
- All work is subject to any and all applicable building codes and Federal, State and Local regulations.
Satellite Dishes
- Per FCC Regulations, satellite dishes for the reception of television signals or the reception and transmission of internet signals are legally allowed if they do not exceed a size of one meter or 39.37 inches in diameter.
- The FCC ruling states that a homeowners association may enforce regulations requiring that these antennas be placed where they are not visible from the street, if this placement does not prevent reception of an acceptable quality signal or impose “unreasonable” cost or delay.
- It further states communities (HOA’s) may have written restrictions that provide a prioritized list of placement preferences, so that residents can see where the association wants them to install the antenna. The residents should comply with the placement preferences provided the preferred placement does not impose “unreasonable” expense or delay or preclude reception of an acceptable quality signal.
- The “preferred location” for any satellite dish is at the rear of the dwelling, and the optimum location would be for the dish to be installed on a post located as close as possible to the rear foundation of the home. If acceptable reception is not available at the rear of the dwelling, a location at the “side rear” of the home would be an acceptable alternative. Installation of a satellite dish on the front of the dwelling is expressly prohibited. In addition, it is not recommended that a satellite dish be attached to the siding or roofing of any dwelling, as builders’ warranties may be voided by doing so.
- If you are installing a dish on a town-home that faces south, you may not be able receive reception without installing the dish on the rear roof – just behind the peak of the roof. If you are installing the dish on an “end unit”, you may install it on a post near the rear corner of your end unit. No satellite dishes will be allowed on the front of any town-home.
- Remove old dish if no longer active.
Swimming Pools, Wading Pools and Hot Tubs
AMENDED APRIL 28, 2013 (Ref. Covenants Article XI, Section 1(y)) –
In-ground swimming pools are defined as follows:
- The finished grade around eighty percent of the perimeter of the pool must be at pool deck level.
- The finished grading at the remaining twenty percent of the perimeter must be no greater than 30” below the coping level of the pool or 24” below the normal water level.
- Any exposed perimeter of the pool must be of an approved masonry or concrete construction.
- All in-ground pools must be designed by the manufacturer for complete in-ground installation.
- Plans and specifications and details must be submitted to the Architectural Review Committee for approval before beginning construction, and all reviews will be completed on an individual basis with relationship to the finished grading of the lot and surrounding properties.
- No installation will be approved if the Architectural Review Committee is concerned that leakage or collapse of the in-ground pool will result in damage to surrounding properties.
- Pools must be kept a minimum of nine feet from all property lines.
- Portable wading pools that contain water less than 24” deep and without filtration system are permitted in the back of the property only.
- Hot tubs are permitted as approved by the Berkeley County Department of Permits and Inspections. If a hot tub is to be installed on a wood deck, the deck is subject to review and inspection by the Berkeley County Department of Permits and Inspection
Storm Doors
Adopted June 17, 2014
- Storm Doors are subject to the review and approval of the Architectural Review Committee.
- All storm doors must complimentary to the front doors in both style and color.
- All storm doors must be full view doors with clear glass.
- All doors will be reviewed by the Architectural Review Committee for quality and appearance.
Street Lights
Adopted June 18, 2013
- Installation of street lights is subject to review by the Architectural Review Committee before installation of the street light.
- All street lights must be as follows:
- Potomac Edison Standard Tariff Street Light.
- Installation by Potomac Edison.
- 100-watt High-Pressure Sodium Lamp.
- 14’ black fiberglass pole direct burial (no concrete foundation).
- Streetlight must be installed within ten feet of the existing transformer.
- A monthly charge for electric to be paid by the homeowner.
- All arrangements for installation and billing to be by the homeowner.
- Only one street light will be approved per transformer.
- Street Lights are not to be installed on HOA common grounds.
Solar Panels
Adopted July 22, 2016
Installation of solar panels is subject to review by the Architectural Review Committee before the installation of the units. Please review the following document for further detailed information:
SOLAR PANEL GUIDELINES
- The Hammond’s Mill HOA recognizes the Homeowner’s right under West Virginia Law to make electricity using Solar Photovoltaic (PV).
- Solar panels are allowed, but the location must be reviewed and approved by the Architectural Review Committee before any installation begins.
- Detailed plans for installation and placement of any solar panel/energy devices must be submitted for review. Include all sketches, brochures, or other illustrations of the proposed system, depicting the materials to be used, attachments to structures, location and number of collectors, as well as the location of any other exterior system components.
- All designs for these systems are required to be sized properly, in compliance with current building regulations, and net metering codes.
- A Berkeley County Permit is required for the installation of these devices and will need to be provided for Architectural Committee approval. No “home-made” devices are permitted, due to the safety and aesthetics of such devices.
- Only commercially made devices are allowed, which must be installed by a professional, licensed, and certified, solar equipment contractor.
- It is strongly suggested the Owner use an installer, which is NABCEP (North American Board of Certified Energy Practitioners) certified as well. All electricity generated by solar panels must be fed back into the electrical grid associated with each house’s circuitry.
- Outside battery storage is not permitted.
- Sealed battery systems designed for interior storage are permitted.
- Roof-mounted or wall-mounted solar collection systems must be installed on the rear of a house so that installation will not be seen from the street fronting the house.
- The Association realizes that for any houses located on corner lots where the back of the house or roof is visible from a side street, that installation may still be visible from the street, but under these circumstances will not be considered a violation of these rules.
- Roof-mounted collection systems should be an integrated part of the roof design.
- They should be mounted parallel to the roof line, and flush with the slope of the roof.
- Tracking systems will not be permitted. Only flat panel systems will be allowed, with no exterior components protruding higher than the peak of the roof line.
- No Ground-mounted systems will be permitted.
- Installation of solar collection equipment in the front of the dwelling is expressly prohibited.
- Visibility of these devices must be minimized from view.
- All equipment, wiring, or other components (excluding the face of the solar panels), must be color treated to blend in with the existing surroundings to provide the best concealment possible.
- If placement of solar collection systems under the previous guidelines interferes with the energy generating capabilities of a device, reducing its efficiency by 10% or more, then the Architectural Review Committee must consider alternative locations necessary for the device to reasonably work as intended.
- Appropriate documentation and detailed designs from a licensed Solar Contractor describing the necessity of moving the system must be provided before approval can be obtained.
- Solar collection systems must be properly maintained to ensure that all equipment be prevented from peeling, cracking or other deterioration to the point where the equipment would become unsightly with the aesthetic standards of the community.
- Aluminum trim, if used and visible, should be anodized to prevent deterioration from weathering. Whenever any such systems become obsolete or are no longer in use, they must be completely removed from the property.
- The Owner assumes and bears all risks regarding installation and the use of such systems.
- The Hammond’s Mill HOA has no expertise, or special knowledge regarding solar structures, and will not be held liable for any damage that may occur as a result of this.
- Approval from the Architectural Review Committee does not constitute such systems or devices are either safe or compatible with an Owner’s property.
- Therefore, Homeowners are urged to check with their insurance company before any installation as to how such devices may impact their roof, or any other or other aspects of their structure.
Driveways and Parking Pads
Any changes to the originally installed driveway, provided by the builder, must be approved by the Architectural Review Committee prior to installation. Extending or widening a driveway is considered on a case by case basis, as widening a driveway can negatively affect drainage on both the homeowner's and neighbor's properties, among other issues. The entrance of the driveway, or "apron" cannot be altered.
Requests for widening driveways, driveway extensions or parking pads must include a dimensional plan of the existing lot and the direction in which the extension is proposed. The exact measurements of the proposed paved surface must be shown on the plan, in scale. Driveway modifications will be reviewed on an individual basis with strong consideration of any impact on the architectural features of the neighborhood. Every effort must be made to landscape the area to maintain visual harmony within the neighborhood.
Attention must be paid to structure placement, required setbacks and encroachment onto buffer areas; association owned common property and neighboring lots. Not all lots can accommodate a driveway extension or parking pad.
The maximum driveway, including extension width or parking pad shall not impinge upon the set back. The minimum building set back line for all improvements constructed on any lot shall be as follows:
a. All Single Family Detached Home Lots Twenty (20) feet from the front property line and nine (9) feet from the rear and side property lines. The front property line is defined as the property line fronting on the street from which access to the lot is provided as shown on the plat of Hammond’s Mill Subdivision.
b. Townhouses and Duplexes Zero (0) feet from the common Residence lines between Residences, nine (9) feet from the rear and side property line and twenty (20) feet from the front property line.
The front property line is defined as the property line fronting on the street from which access to the lot is provided as shown on the plat of Hammond’s Mill Subdivision.
Driveways and parking pads shall be asphalt only. The surface shall be of the same color and finish type as the existing driveway. Concrete, bricks, pavers, and gravel will not be approved as driveway or parking pad surfaces. Aggregate base, thickness, reinforcement, etc. must comply with good construction practices to minimize the risks of settling, excessive cracking and improper drainage and comply with County requirements and Ordinances.
The following information (at a minimum) is required for submittal to the Architectural Review Committee:
1 Plot plan showing location of driveway or parking pad and the requested modifications (to scale).
2 Elevation drawing(s) showing the measurements of the parking pad such as length, height and width as well as any landscaping that will be added along the perimeter.
Applicant may be required to mark or stake the location of modified driveway for inspection prior to approval. Once the application has been received, an on-site visit may be scheduled with a member of the ARC to review the details and work out any complications in advance.
CONSTRUCTION MAY NOT COMMENCE until ARC approval is issued IN WRITING together with any specific requirements relating to the application.
Construction must be undertaken by a professional asphalt installer. Every effort must be made to color match to the existing driveway.
To ensure compliance with the agreed application approval, a post-construction inspection by a member of the ARC will be required within 14 days of completion of the work.
Plantings between the pad and the yard may be required as screening.
TREE REMOVAL
Adopted August 3, 2020
- Tree planting was part of the civil engineer’s vegetative design and must be considered when adding or removing trees. Tree removal can be approved by the Architectural Review Committee. The tree stump must be cut level with grade to allow mowing over it. It is requested that another tree similar to the trees planted by the builder be planted to replace the removed tree.
- Grandfather clause; These architectural guidelines are not retroactive, and don’t apply to existing parking pads or expanded driveways that don’t meet these proposed guidelines, only to future requests for parking pads or expanded driveways.
Vegetative Gardens
Adopted November 15, 2022
- All vegetative gardens must be in raised planters, limited to the rear yard, defined as behind the rear of the residence.
- All planters must be kept a minimum nine feet from the rear property line and a minimum of nine feet from the side property lines at single family residences and three feet from the side property lines at duplexes and townhouses.
- All plants must be in raised, temporary planters, of either wood or masonry.
- Gardens must be kept weeded and free from noxious plants.
- Gardens visible from the front street must be landscaped so as to limit the visibility from the front street.
Partition Screen
Adopted February 05, 2024
Upon approval from the Architectural Committee, a Partition Screen may be erected, constructed or installed on Villa's, Duplexes or Town homes properties. The following guidelines are provided: The screen will only be allowed on the division between the two separate dwellings at ground level in the rear of the homes. The screen must be of white vinyl and not to exceed six (6) feet in height and not extend out from the home past (8) feet long.
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