Current ARC Standards and Guidelines

ARCHITECTURAL REVIEW COMMITTEE

EXTERIOR ARCHITECTURAL STANDARDS AND GUIDELINES

ARTICLE I

DEVELOPMENT AND ARCHITECTURAL STANDARDS

1.01 Committee Composition. The Architectural Review Committee (ARC) shall consist of not less than three (3) nor more then seven (7) persons, each of whom shall be appointed as provided in Section 1.02 below. The members of the ARC may, but shall not be required to be, members of the Walton’s Mountain Homeowners Association (WMHA).

1.02 Appointment and Removal of ARC Members. The Board of Directors of WMHA shall have the sole and exclusive right to appoint and remove the ARC members. Formal ARC communication shall be only with the Board of Directors.

1.03 Architectural Standards. The ARC is hereby authorized to promulgate and amend or modify from time to time written Architectural Standards governing policies, guidelines and minimum requirements to be satisfied with respect to the construction, location, landscaping, design and maintenance of all Dwellings and other Improvement(s) on any Lot, the content and manner in which plans and specifications and other documentation and information concerning the construction of any Dwelling or other Improvement(s) on a Lot are to be submitted to and approved by the ARC, and any other matters affecting construction, repair, or maintenance of any Dwelling or other Improvement(s) on any Lot. The Architectural Standards adopted by the ARC shall be in addition to the provisions and requirements set forth in the Declaration and shall be binding upon and enforceable against all Owners.

1.04 Approval of Plans and Specifications.

(a) IN ORDER TO PRESERVE THE ARCHITECTURAL AND AESTHETIC APPEARANCE AND THE NATURAL SETTING AND BEAUTY OF THE DEVELOPMENT, TO ESTABLISH AND PRESERVE A HARMONIOUS DESIGN FOR THE DEVELOPMENT AND TO PROTECT AND PROMOTE THE VALUE OF THE PROPERTY, THE LOTS, THE DWELLINGS, AND ALL, THE IMPROVEMENTS THEREON, NO IMPROVEMENTS OF ANY NATURE SHALL BE COMMENCED, ERECTED, INSTALLED, PLACED, MOVED ONTO, ALTERED, REPLACED, RELOCATED, PERMITTED TO REMAIN ON OR MAINTAINED ON ANY LOT OR DWELLING BY ANY OWNER, WHICH AFFECTS THE EXTERIOR APPEARANCE OF ANY LOT OR DWELLING UNLESS PLANS AND SPECIFICATIONS THEREFOR HAVE BEEN SUBMITTED TO AND APPROVED BY THE ARC. WITHOUT LIMITING THE FOREGOING, THE CONSTRUCTION AND INSTALLATION OF ANY DWELLING, SIDEWLKS, DRIVEWAYS, PARKING LOTS, MAILBOXES, DECKS, PATIOS, COURTYARDS, SWIMMING POOLS, TENNIS COURTS, GREENHOUSES, PLAYHOUSES, AWNINGS, WALLS, FENCES, EXTERIOR LIGHTS, GARAGES, GUEST OR SERVANT’S QUARTERS, OR ANY OTHER OUTBUILDINGS, SHALL NOT BE UNDERTAKEN, NOR SHALL ANY EXTERIOR ADDITION TO OR CHANGE OR ALTERATION BE MADE (INCLUDING, WITHOUT LIMITATION, PAINTING OR STAINING OF ANY EXTERIOR SURFACE) TO ANY DWELLING OR IMPROVEMENTS, UNLESS THE PLANS AND SPECIFICATIONS FOR THE SAME HAVE BEEN SUBMITTED TO AND APPROVED BY THE ARC.

(b) The ARC shall, in its sole discretion, determine whether the plans and specifications and other data submitted by any Owner for approval are acceptable. The ARC shall establish a fee sufficient to cover the expense of reviewing plans and related data and to compensate any consulting architects, landscape architects, designers, engineers, inspectors and/or attorneys retained in order to approve such plans and specifications and to monitor and otherwise enforce the terms hereof.

(c) With respect to each Residential Parcel, construction of the residential building is to be commenced within one (1) year from the date of purchase of the parcel. Construction shall be completed within one (1) year of the date of commencement.

1.05 Submittal requirements.

(a) Site plans defining all set backs, building location by dimension, driveways, walkways, patios, and fences.

(b) Building plans as required by the Building Inspection Department of the City of Huntsville.

(d) Landscape plans in sufficient detail to define the planting bed shapes and locations relative to the building(s), driveways(s), walkway(s), patio(s), and fence(s).

(e) Written specifications including samples indicating the nature, color, type, shape, height, and location of all exterior materials to be used in the construction of the Dwelling on such Lot or any other Improvements thereto, including, without limitation, the type and color of all brick, stone, stucco, siding, roofing, and other materials to be utilized on the exterior of a Dwelling and the color of paint or stain used on all trim, shutters, doors, exposed metals, etc. on the exterior of such Dwelling.

(f) Tree cutting plan as applicable, see paragraph 2.02 for details

ARTICLE II

USE AND DEVELOPMENT RESTRICTIONS

2.01 Building Setbacks and Height Limitations. Setbacks and Height Limitations shall be set according to the Restrictive Covenants for WM which are filed for record in the office of the Judge of Probate for Madison County and according to the City of Huntsville Slope Development Restrictions. The preferred side yard setback is fifteen (15) feet or more as prescribed in the WM Restrictive Covenants, however, there are some Lots in WM where better use can be made of the property if the side yard setback is reduce somewhat. Therefore, the ARC will entertain requests for exception to side yard setbacks, on a case by case basis, to a minimum of twelve (12) feet for two-story and ten (10) feet for one and one and a half-story buildings as prescribed by the City of Huntsville Zoning Ordnance.

2.02 Trees. Unless located within ten (10) feet of a Dwelling or any driveway, paved patio, or sidewalk, no Owner shall cut, remove, or mutilate any tree, shrub, bush, or other vegetation having a trunk diameter of four (4) inches or more at a point of five (5) feet above ground level, without first obtaining the approval of the ARC; provided, however, that the foregoing shall not be deemed to prohibit the cutting and removal of any dead or diseased trees certified as such by the ARC.

2.03 Minimum Living Space. No Dwelling shall be erected containing less than two thousand five hundred (2500) square feet of living (heated and cooled) area for a one-story building exclusive of porches, garages, and unfinished basements. Any 1-1/2 story dwelling must contain at least one thousand nine hundred (1900) square feet of living area on the first floor, with no less than two thousand seven hundred (2700) square feet of living area (heated and cooled) area in the entire building. Any two-story dwelling must have at least two thousand nine hundred (2900) square feet of living ( heated and cooled) area, provided that the first story will in no event be less than one thousand nine hundred (1900) square feet of living ( heated and cooled) area. On any two-story structure, the area used for the vaulted foyer area shall be added to the second floor square footage.

2.04 Landscaping.

(a) The landscaping plan for each Lot or Dwelling shall be submitted to the ARC for approval no later than ninety (90) days following the issuance of a Building Permit by the City of Huntsville. Each Owner shall, to the extent practicable, attempt to incorporate into the landscaping plan for his Dwelling the natural plant life existing on such Lot and shall otherwise take such steps which would, to the extent practicable, preserve the existing trees, plant life, wild flowers, and natural environment, including natural drainage channels, which exist on such lot.

(b) All front and side yards of each Lot shall, unless approved by the ARC as a natural area or unless the same is landscaped with shrubbery and other approved plant life, be sodded with grass meeting ARC specification regarding type and quality.

(c) All landscaping for a Lot shall be completed in accordance with the landscaping plan approved by the ARC no later than the date of issuance of a Certificate of Occupancy by the City of Huntsville for the Dwelling situated thereon. The date of landscape completion may be extended by the ARC upon request by the Owner in coordination with Huntsville Engineering Department because of extenuating circumstances.

(d) No hedge or shrubbery planting which obstructs sight-lines of streets and roadways shall be placed or permitted to remain on a Lot or Dwelling where such hedge or shrubbery interferes with traffic sight-lines for roadways within the Development. The determination of whether or not such obstruction exists shall be made by the ARC, whose determination shall be final, conclusive, and binding on all Owners.

(e) No vegetable, herb or similar gardens or plants shall be planted or maintained in the front or side yards of any Lot or Dwelling and shall not be visible from the street.

2.05 Roofing.

(a) Roofing shall be of architectural grade shingles, or other ARC approved materials.

(b) Higher roof pitches are encouraged; the minimum roof pitch shall be 6 and 12.

(c) No solar or other energy collection panel equipment or device shall be installed or maintained on any Lot or Dwelling without ARC approval.

(d) No plumbing or heating vents, stacks, and other projections of any nature shall be placed on the front of the roof of a Dwelling. All such vents, stacks, and other projections from the roof of any Dwelling shall be located on the rear roof of such Dwelling and shall (i) be painted the same color as the roofing material used for such Dwelling and (ii) to the extent practicable, not be visible from any street.

(e) No projections of any type shall be placed or permitted to remain above the roof of any Dwelling except for approved chimneys and vent stacks.

2.06 Exterior Materials and Finishes.

(a) All Dwelling and permitted accessory buildings constructed shall contain at least 75% masonry brick or stone, unless an alternative material is approved by the ARC. Additionally, each exterior wall of the dwelling and permitted accessory buildings shall be uniformly composed of masonry brick, stone, or approved alternative material in the same proportional amount listed above.

(b) All brick, stonework, mortar, and other building materials regarding type, size, color, and application, must be approved by the ARC. All exterior colors, including without limitation, the color of all roofing materials, brick, stone, wood, trim, cornices, eaves, railing, doors, and shutters shall be subject to ARC approval. (Vinyl, masonite, aluminum, or other composite material is not an approved material for use.)

(d) Metal flashing, valleys, vents, gutters, and downspouts installed on a Dwelling shall be painted to blend with the color of the exterior materials to which they are adhered or installed.

2.07 Chimneys. All chimneys of dwellings shall be made of brick, stone veneer, or masonry stucco.

2.08 Garages.

(a) Each Dwelling shall provide a parking garage for at least two (2) vehicles.

(b) Lot permitting, garages shall be side or rear-entry.

(c) No porte-cochere or garage shall be erected or permitted to remain on any Lot without the express prior written approval of the ARC. Said approval will be denied unless the porte-cochere or garage is shown to be an integral part of the Dwelling and is constructed with the same design, color scheme, and materials as the Dwelling.

(d) When not is use, all vehicles of each Dwelling shall be stored in a garage. The doors of all garages are to be kept closed when not in use. Routine and prolonged on-street parking is not permitted except for short periods under special circumstances, i.e., social functions, inclement weather, etc.

2.08 Fences. No fences shall be constructed prior to approval by the ARC. Fences shall not exceed six (6) feet in height and shall be constructed in such a manner so that the interior framework of the fence cannot be seen from either side of the fence. No chain link, vinyl or galvanized coated wire fences shall be permitted. In no case shall fences protrude any closer to the street than the front line of the Dwelling. All wood fences shall be painted or stained and properly finished on each side, in coordination with the color scheme of the Dwelling.

2.09 Windows.

(a) Reflective glass shall not be permitted on the exterior of any Dwelling. No foil or other reflective materials shall be installed on any windows or used for sunscreens, blinds, or other purposes that can be seen from the exterior of the Dwelling.

(b) No windows completely constructed of aluminum, metal, or vinyl shall be permitted.

2.10 Mailboxes. To assure beauty and continuity throughout the Development, each Dwelling shall be required to purchase and install a custom designed mailbox selected by the ARC. The proper mailbox can be ordered from:

New Market Iron Works 256 746-3999 or

Mashburn & Co. Model MB5 931 433-2357

2.11 Utility Meters and HVAC Equipment. To the extent practicable, all electrical, gas, telephone, and cable television meters and connections shall be located at the rear of all Dwellings. All exterior heating, ventilating, and air conditioning equipment shall be located, to the extent practicable, at the rear of each Dwelling and, if the same are visible from the street, such equipment shall be screened from public view by either walls or landscaping to be approved by the ARC. No window mounted heating and air conditioning units or window mounted fans shall be permitted.

2.12 Satellite Dishes and Antennae. No satellite dish shall be allowed on any Lot or Dwelling without the prior written approval from the ARC. Each Dwelling and/or Lot shall be limited to one dish which may not exceed thirty-six (36) inches in diameter and may not be visible from any street, Lot, or Dwelling. No radio antenna, radio receiver, or other similar device or aerial shall be attached to or installed on any Lot or Dwelling or any other portion of the Development unless the same is contained entirely within the interior of a building or other structure, or is not visible from any street, Lot, or Dwelling and is approved by the ARC.

2.13 Driveways and sidewalks.

(a) All driveways and sidewalks shall be paved; chert, gravel, and loose stone driveways and sidewalks are prohibited.

(b) The minimum standard for all driveways and sidewalks for each Lot or Dwelling shall be standard concrete slab with a broom swept finish. In the interest of beauty and continuity throughout the Development, all sidewalks adjacent to streets shall be standard slab concrete with a broom swept finish. Other materials and finishes are encouraged on interior surfaces of Lots such as, brick or stone pavers, exposed aggregate, stamped and/or stained concrete, etc. All driveways and sidewalks shall coordinate with their surroundings and must be approved by the ARC prior to installation.

2.14 Recreational facilities and Clotheslines.

(a) Children’s toys, swing sets, jungle gyms, trampolines, and other outdoor and recreational equipment and appurtenances shall be allowed only at the rear of Dwellings and shall, to the extent practicable, be located so that the same are not visible from any street.

(b) Basketball backboards shall be located so as not to be visible from any street of shall otherwise be located on such Lot or Dwelling in a location approved by the ARC. Basketball goal backboards should be made of clear Plexiglas or Acrylic materials.

2.15 Pets and /animals. No animals, livestock, insects, or poultry shall be kept or maintained on any Lot or Dwelling without the express written consent of the ARC except the usual household pets may be kept on any Lot or Dwelling for purposes other than breeding or commercial.

2.16 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, swimming pool pumps, filters, and related equipment shall be located or screened so as to be concealed from view of neighboring streets and property. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate.

2.17 Recreational Vehicles, Machinery, and Other Equipment. Mobile homes, motor homes, trailers of any kind, campers, vans, motorcycles, bicycles, motorized carts, and all-terrain vehicles, lawnmowers, tractors, tools, construction machinery and equipment of any nature, golf carts, boats and any other type of water craft, including boat trailers, and other similar types of vehicles, machinery, or equipment shall not be stored or allowed to remain on any Lot or Dwelling unless the same is placed, stored, and maintained within a wholly-enclosed structure, with roofing and doors, on such Lot or Dwelling. Any such enclosed structure must be approved by the ARC.

2.19 Swimming pools and tennis courts. Swimming pools, outdoor hot tubs, saunas, whirlpools, lap pools, and tennis courts may be constructed, installed, and maintained on any Lot or Dwelling subject to the prior written approval of the plans including any required safety fencing or screening for the same by the ARC. Above-ground pools shall not be permitted.

ADDENDUM “A”

WALTON’S MOUNTAIN HOMEOWNERS ASSOCIATION

PURCHASER’S BUILDING AGREEMENT

This agreement made between Walton’s Mountain Homeowners Association (WMHA) and Owner(s) ______________________________________ of Lot _______ shall become part of the Architectural Review Committee Exterior Architectural Standards and Guidelines for the property located on Walton’s Mountain.

1. Procedures

One (1) set of building plans, written specifications, site plan, detailed landscaping plan, tree cutting plan, detailed landscaping plan, geotechnical survey (if required by the Huntsville Slope Development restrictions) and 1 set of ARC Addenda A and B must be submitted to the ARC and written approval obtained by purchaser prior to commencement of any construction. (NOTE: the ARC recommends a geotechnical survey be completed prior to drafting house plans to insure that plans will meet all applicable requirements). Submittal is to be made to the WMHA, P.O. Box 16176, Huntsville, AL 35802 or to the current President of the WMHA.WMHA will retain the entire submittal.

b. $125.00 ARC review fee payable to WMHA P.O. Box Huntsville, AL 35802 will be required at time of submission.

Selections of building materials and color schedules must be submitted in accordance with the outline attached as Addendum B. Owners should comply with the restrictions in the Exterior Architectural Standards and Guidelines for WM in making their selections.

2. Rules for Construction: The following represents a summary of the restrictive covenants applying to construction on WM. Please refer to the protective covenants for the complete list of restrictions.

To enhance the overall natural appearance and value of your property, prior approval must be obtained from the ARC for the removal of any tree larger than four (4) inches in diameter at a point 5 ft. above the ground the base that is outside or beyond ten (10) ft. of the house foundation, driveways, or walks.

Owner(s) and their builder shall be responsible for keeping the job site, including the adjacent street(s) and neighboring property, neat and clean during construction. If trash and debris become a problem, notification will be given to the responsible party by a WMHA representative. If corrective action is not taken within two (2) day, WMHA will remove the debris at the owner’s expense.

Purchaser(s) and/or their builder shall be responsible for keeping all debris, mud, etc., off the street during construction.

Where applicable, purchaser agrees to install a four (4) foot wide concrete sidewalk with broom-swept finish in the appropriate location as determined by the recorded plat and required by the City of Huntsville. Sidewalk must be installed prior to the issuance of the Certificate of Occupancy by the City of Huntsville.

Construction must commence within twelve (12) months of closing the lot purchase

Done this __________ day of ___________, 20___.

____________________Purchaser ____________________Purchaser __________________WMHA - ARC

ADDENDUM “B”

WALTON’S MOUNTAIN HOMEOWNERS ASSOCIATION

HOMEOWNER SUBMITTALS

SUBMITTING FOR: CONCEPTUAL PRELIMINARY FINAL REVISION

(Circle one)

Date: ______________ Owner: ______________________________________

Lot #: _____________ Mailing Address: ______________________________

Homeowner Phone #: _______________________

Builder:___________________________________ Phone #: __________________

Submittal Approval Resubmit

Date - Date - Date -

Geotechnical Survey Yes____ No____ _________ _________

Sidewalk Required Yes____ No____ _________ _________

Site Plan Yes____ No____ _________ _________

Building Plan Yes____ No____ _________ _________

Written Specifications Yes____ No____ _________ _________

Tree Cutting Plan Yes____ No____ _________ _________

Landscape Plan Yes____ No____ _________ _________

EXTERIOR BUILDING MATERIALS SELECTIONS

Submittal (Date) Description Color

Approval (Date)

Exterior Brick _____________________ __________________

Mortar & Joint _____________________ __________________

Exterior Trim:

Stone _____________________ __________________

Stucco _____________________ __________________

Siding _____________________ __________________

Roofing _____________________ __________________

Windows (Type) _____________________ __________________

Front & Side Porches _____________________ __________________

Fence (Type & Height) _____________________ __________________

Driveway & Sidewalk _____________________ __________________

Exterior Paint:

Trim _____________________ __________________

Shutters _____________________ __________________

Doors _____________________ __________________

Exposed Metals _____________________ __________________

Misc. Accent (s) _____________________ __________________

Please include samples, photographs, color chips, etc. so that, a clear understanding of your intentions can be obtained by the ARC.

ADDENDUM “B”

HOMEOWNER SUBMITTALS (CONTINUED)

Expected construction start date: ____________________

I (We) understand any changes in the above information must be submitted to and written approval given by ARC prior to construction or the changes effected.

__________________________ _____________________________

Owner Date

__________________________ _____________________________

Owner Date

STATUS OF ARC REVIEW: Preliminary Final

Date Date

Site Plan: ___________ ___________

House Plans: ___________ ___________

Written Specifications: ___________ ___________

Tree Cutting Plan: ___________ ___________

Geotechnical Survey (If Required): ___________ ___________

Landscape Plans:* ___________ ___________

*Landscape plans must be submitted no later than 90 days after issuance of building permit

FINAL APPROVAL BY ARC:

House Plans & Specs____________________________ ___________

ARC Chairman Date

Landscaping Plans______________________________ ____________

ARC Chairman Date