Prior to starting any construction on a lots 1-101, including removal of trees, the lot owner must have written approval from the architectural committee. The ticket
must be completed by the Lot owner and the required deposits submitted to the Association prior to plans being considered for review/approval. Incomplete tickets will not be accepted. The lot owner is fully responsible for their contractors and all violations and damages caused to the Association’s common area and other owners property from their contractors.
Application Process: The Architectural Review Committee (ARC) shall consider applications for approval of plans and specifications upon the basis of conformity with applicable law and the design guidelines, and shall be guided by the extent to which such proposal will ensure conformity and harmony in exterior design and appearance, based upon, among other things, the following factors:
1. The quality of workmanship.
2. Nature and durability of materials.
3. Harmony of external design with existing structures.
4. Choice of colors.
5. Changes in topography, grade elevations and/or drainage.
6. The ability of the party or parties designated by the Owner to complete the structure proposed in accordance with this declaration, including, without limiting the foregoing, factors of public health and safety.
7. The effect of the proposed structure on the use, enjoyment and value of other neighboring properties.
8. The outlook or view from adjacent or neighboring properties.
9. The suitability of the proposed structure with the general aesthetic appearance of the surrounding area.
Prior to the start of construction, designation of the general contractor selected to do the work must be submitted to the Architectural Review Committee (ARC). See Architectural Requirements below. No construction activity shall commence prior to written approval of the application by the ARC. The "Approval to Build" request must include the name and contact information of the person(s) to be contacted by the ARC in the event of any problems or violations (construction contact). The Construction Contact person must be available to answer calls and email at any time when there is construction activity on site.
The ARC shall have the right to refuse to approve any such plans or specifications, including grading and location plans, which are not suitable or desirable in its opinion, for aesthetic or other considerations. Requests for approval, accompanied by the foregoing described plans and specifications or other specifications and information as may be required by the Architectural Review Committee shall be submitted to the Architectural Review Committee by the completing the Architectural "Approval to Build" form on the community website.
In the event the ARC fails to approve or disapprove completed approval request ticket within thirty (30) days of receipt thereof, such plans shall be deemed approved. Approval of any particular plans and specifications or design shall not be construed as a waiver of the right of the ARC to disapprove such plans and specifications, or any elements or features thereof, in the event such plans and specifications are subsequently submitted for use in any other instance. The ARC shall have the right to charge a reasonable processing fee, for such requests, which shall be retained by the Association and not the Architectural Review Committee.
1. Builder Approval: No application will be approved prior to receipt of the construction deposit and fees. For new homes a refundable deposit of $3,000 is required. In addition, a non-refundable construction fee of up to $500.00 is required to cover the cost of design review, administration, monitoring and reporting of all requests. Submit the following items:
a. Check for $3,000.00 payable to: Deep Creek Highlands POA, to be held in escrow until the construction is complete and all requirements are met and signed off by the ARC.
b. Check for $500.00 payable to Deep Creek Highlands POA, which is non-refundable, for professional services of independent third parties who will review the plans & specs, conduct the architectural review and administration of construction project.
c. If additional costs are incurred, it will be charged to the owner at $75.00 per hours.
2. Architectural Requirements:
a. General Contractor requirements:
1. Maryland Home Builders license number confirmed and in good standing.
2. Satisfactory references.
3. Acceptable credit report and trade references.
4. Proof of workman’s comp and liability insurance.
5. Committee has right to reject a contractor or builder based upon previous experience.
b Site plan, drawn to scale, showing location of proposed improvements including house, garage (if one), driveway, decks, parking areas and distances from buildings, decks, patios, driveways & parking areas to all lot lines and setbacks. Also, site plan to show North direction.
c. Foundation Plans (1/4” per foot minimum scale). Footing sizes and locations (dimensioned); detailed section showing reinforcing, drainage, vapor barriers, etc.
d. Structural Plans. One plan per floor including roof with all joists, walls, headers, chases called out for material and dimensions. Chimney framing and details.
e. Digital set of Architectural Floor Plans (1/4” per foot minimum scale). Dimensioned wall layouts, window and door locations dimensioned. Plumbing fixture locations. Finished floor elevations should be indicated. Mechanical unit locations are to be shown to scale.
f. Exterior Elevations. All materials shall be called out and large acceptable samples submitted with plans.
g. Setbacks to preserve neighbor’s views are designated on some plats; however, the Architectural Committee reserves the right to adjust house locations in order to preserve neighbor’s potential views. The setbacks as designated on the plat shall be shown on the site plan. Setbacks from adjoining properties shall be those specified on the plat approved by the Planning Commission and is limited to the building envelope as shown thereon. Front and rear setbacks are a minimum of 20’ on Lots 1-40 and a minimum of 40' on Lots 41-101. Side setbacks are 15' on all lots. No, structures, including, but not limited to, steps, stairs, parking areas, or fire pits shall protrude into the setbacks.
h. Roof Plan is required. Pitch may not be less than 8:12. The mean height of the building shall not exceed 30’ unless approved in advance by the ARC. Building height is the vertical measurement from the mean level of the ground abutting the building to a point midway between the highest and lowest point of the room.
i. Roofing material-shingles shall be a minimum of 25-yr architectural shingles in earth tone. Metal roofs may be approved only with standing rib seam construction in muted earth tones. Cedar shake shingles are permitted.
j. Paving of driveway should be limited to that which is required for ingress and egress and any additional paving other than for the purpose of parking is not allowed. Driveway materials must be called out and surface of any kind must be clearly dimensioned. Driveways and parking areas must be asphalt, macadam, concrete or tar-and-chip and finished within one year of occupancy. If the paving request is not included in the "Approval to Build" ticket, a separate ticket must be submitted.
k. All decks must be highly detailed in plans and stained in earth tone colors.
l. Lighting Plans. Lighting of home or other structures must be detailed. Exterior light fixtures and landscape lighting must be submitted for approval. Lights should be designed to prevent neighbor interference and conform to "Night Sky" lighting specifications.
m. Landscaping is required for all new homes and must be completed within thirty-days (30) of the completion of construction. Landscape plans should have walkways, lighting, patios, plant locations and planting beds, and additional outdoor features. The submission should also indicate types of materials used and the types and species of the plant material, with approximately mature height. If the landscaping plan was not submitted with the original ticket, a new ticket must be submitted.
n. Architectural Detail Plans. Details are required of the exterior walls, roof to wall transitions; Window and door schedules and specifications; Exterior trim, molding details, cornice sections, fascia (minimum of double fascia), dormer details and any railing or other elements must be shown. No vinyl siding, synthetic siding or plywood siding is permitted. Only natural wood. Exterior colors must be approved and color samples must be provided.
o. Color Palette for siding, trim, roof, doors and stone must be included with request.
3. Architectural Guidelines:
a. The homes mass, scale and height are to be appropriate for the site and in harmony with the mass, scale and height of adjacent homes. The maximum allowable footprint for new construction or home renovation is based on the size of the lot and expressed as a percentage of the lot's square footage.
b. A thorough set of working drawings is expected. The ARC will reject vague or poorly detailed drawings as incomplete.
c. Appropriate architectural style for all homes in the community. Design details must be consistent with architectural style.
d. Additions and other improvements must be designed to be "seamless" meaning that they must appear to have been built as part of the original structure.
1. All new construction must utilize architectural style compatible with that of existing community homes in order to blend into the neighborhood.
2. The ARC will retain the final drawings and approval for a maximum period of ninety (90) days subsequent to construction. If the work has not started or a continuance received from the builder within the time period, the approval will then automatically expire.
3. General Contractor must inform the ARC of overall schedule intent. Construction must be completed within one year. Exterior construction lasting longer than one year (365 days) without prior approval for extension, will be in violation and a fine of $100/day will be the responsibility of the lot owner.
4. As-built foundation survey is required prior to completion of the foundation walls to verify compliance with setbacks and preliminary approval.
5. The ARC or may make periodic site visits to ensure compliance with the Design Guidelines.
6. Stopping Construction. If the ARC deems that construction is significantly different from approved plans, the ARC reserves the right to stop construction at the builder's expense until the ARC has approved an acceptable remedy. Demolition of non-conforming construction will be at the builder’s expense. All legal costs to resolve the violations will be the responsibility of the lot owner.
7. If a satellite dish will be installed in the ground, an evergreen tree or shrub must be planted so the dish cannot be seen from the road.
8. Contractors are not permitted to park on the community roads or common area right-of-way.
9. All residences shall have a minimum of 2.000 square feet of finished living space, excluding basements and decks. Areas with ceilings less than 6’0” shall not be counted as living space.
10. Every effort must be made to preserve existing mature trees and shrubs during new construction. No living tree larger than 4” in diameter may be removed without the written consent of the ARC. Trees that are to be removed for view improvement must first be flagged, inspected and approved by the ARC. Lot owners are responsible for all living trees over 4" in diameter that are removed without prior ARC approval. The fine is $1000/tree.
11. Any exposed portion of a foundation that is exposed and visible from a roadway or adjoining lot shall be covered with siding, natural stone veneer or other approved treatment.
12. No above fuel tanks are permitted. In ground propane tanks are permitted.
13. Driveway culvert must be at least 20’ long and scaled to handle water flow.
14. At no time can any improvements or casting of excess soil or excavation material be allowed on the 30% slopes outside the building envelope.
15. Construction hours are Monday through Friday: 7:00am to 7:00pm
16. Saturday, Sunday and Holidays: 8:00am to 6:00pm
17. Delivery of construction materials or use of heavy equipment is not permitted on Saturday or Sunday or holidays.
18. Portable Toilets must be provided during all phases of construction.
19. All contractors and subcontractor’s trash must be removed from jobsite daily or deposited in an owner supplied onsite construction waste container that is emptied regularly before they are full. Use of community dumpster for contractor trash is strictly prohibited. Food containers, building material containers and wrappers of all kinds must be removed daily. Hazardous debris and material shall be removed from the site each day. No hazardous material shall be stored on the sight overnight. 20. Contractors may not have loud radio’s playing during construction.
21. Streets and sidewalks must be cleaned daily to remove any building materials (including nails), debris, trash and dirt. Any damage to streets and sidewalks must be repaired/ replaced by the builder to the satisfaction of the ARC.
22. The Architectural Committee reserves the right to disapprove any plans that do not meet these Architectural Guidelines. However, the approval of plans by the Architectural Committee in no way relieves the lot owner or house builder from compliance with any approvals necessary from applicable government authorities, Garrett County zoning office. Also, building plans are not reviewed for structural soundness but only with regard to local building practices and aesthetics. The Committee assumes no responsibility for actual building techniques or standards.
23. Builders and owners may make minor alterations following architectural approval during the construction process, the Architectural Committee requests that all alterations or modifications to the exterior plans be submitted for approval even after receipt of the original architectural approval. However, the Architectural Committee reserves the right to require that unapproved alterations or modifications be removed at the expense of the owner. The Committee further reserves the right to retroactively approve an alteration or modification if said alteration or modification fits within their standard approval guidelines, particularly with respect to height and build
A ticket will not be complete without the builder's insurance policies and license attached to the file. By submitting the "Approval to Build"" form, the owner is agreeing to abide by all of the Architectural Guideline requirements and the Deep Creek Highlands governing documents (including the Deep Creek Highlands Declaration Article 7- Architectural Review).
If violations occur during the building process and the Association needs to seek legal advice, the association's attorney fees, and court costs will be the responsibility of the lot owner if it is determined that the lot owner is in violation.