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Problem
Many homeowners have questioned the Deed Restrictions regarding storage shedsbeen asking about our community’s swimming pool policy. This policy clarifies what is and is not permitted.
The section of the VAC HOA Deed Restrictions that apply to this policy are:
Section 23.01
All Property hereunder shall be subject to these Restrictions and shall be used exclusively for residential purposes. No structures or buildings shall be erected, altered, placed or permitted to remain on any part of the Property other than single-family dwellings and private garages being a minimum of two cars in size: each single-family dwelling shall not exceed two-and-one-half (2-1/2) stories in height or be greater than thirty-five (35) feet in height, with a minimum square footage of one thousand eight hundred (1,800) square feet for a ranch, two thousand (2,000) square feet for a split level, and two thousand (2,000) square feet for a two-story. No more than one (1) single-family dwelling and the attached private garage serving such dwelling shall be placed on any Lot. No unattached or free-standing garage shall be permitted, nor shall any outbuildings be permitted.
Section 2.10
No structure of any temporary character and no trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any Lot hereunder at any time as a residence, either temporarily or permanently. No temporary building, trailer, garage, storage building, or structure shall be placed upon any Lot hereunder for storage purposes without the express written consent of the Grantor or its assignee.
Policy
Free standing outbuildings, sheds, garages are not permitted. The HOA will pursue the removal of any free standing outbuildings, sheds, garages seen by a Trustee or brought to its attention by a homeowner. Homeowners can report violations to the HOA using the Contact Us form found on the HOA website (www.villageatalumcreek.org).
You are permitted to build an addition that is attached to the main house and will be used for exterior storage.
The addition must:
Be connected to the existing house. House siding should be removed and the addition attached to the studs of the existing house.
Have its own foundation.
Have an exterior that matches the existing house exterior. The siding should match the house siding. The roofing material should match the existing house roofing material.
Have a floor consisting of something other than dirt. The floor can be concrete or pavers or wood or even gravel.
Have doors and windows that match the existing house doors and windows, as much as possible.
Appear as if it has always been a part of the existing house. In other words, it blends in so naturally that a person would not recognize it as a storage facility.
The addition can have electrical, plumbing, hvac service, if desired.
The addition must meet all local building/code requirements. Obtaining a building permit, after receiving HOA approval, is the responsibility of the owner.
Additions require, per Section 3.02 of the Deed Restrictions, that the owner submit an Application for Exterior Modification with all supporting documentation prior to beginning the project. The Application can be found on the HOA website (www.villageatalumcreek.org). The Application will be reviewed by the Architectural Review Committee. Adjustments may be requested/required before final approval. Approval is not guaranteed. Construction cannot begin until approval and any necessary building permits have been obtained.
All other restrictions spelled out within the Deed Restrictions will be enforced. This includes but is not limited to set-back requirements and easements.
Below are examples of “room additions” that are being used as a shed. These have been or would be approved by the Architectural Review Committee.
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02
Prior to the construction of any improvements or storage of any materials on the Property, the Owner of an Lot hereunder shall be required to submit two (2) sets of complete building plans, two (2) site plans, and two (2) signed specifications forms for the building to the Grantor, setting forth the general arrangement of the interior and exterior of the building, including the color and texture of the building materials and the type and character of all windows, doors, exterior light fixtures and appurtenant elements such as decorative walls, chimneys, driveways and walkways and detailing the structures on the Lot including setbacks, driveway locations, garage openings, orientation of the structure to the topography and conformance with the drainage grading plan. No building shall be located on any Lot nearer to the front lot line or nearer to a side street than the minimum building setback lines shown on the recorded subdivision plat, and no building shall be located in green areas or reserves as shown on the recorded plat. For the purpose of this restriction eves and steps shall not be considered as a part of the building, provided that this shall not be construed to permit any portion of the building on any Lot to encroach upon another Lot or reserve area. In the case of any screening required by these Restrictions, plans shall include detail showing such screening. Other landscaping plans shall be submitted and approved before the commencement of landscaping improvements but may be submitted to Grantor separate from the other improvement plans. Grantor shall have twenty (20) days in which to review plans submitted to it. On or before the conclusion of such twenty (20) days, Grantor shall do one or more of the following: (i) approve the plans; (ii) request additional plans, clarifications or explanations; (iii) approve such plans provided that specified modifications are made; or (iv) disapprove such plans, in which event the reasons for such disapproval shall be stated in writing. In the event the Grantor requests additional information, plans or explanations, the running of the 20-day period shall be tolled from the date of such request until such additional information, plans or explanations are furnished to Grantor. In the event the Grantor does not take any of the actions specified above within the 20-day period specified, then the Owner submitting such materials for review shall notify Grantor in writing; and Grantor shall, within ten (10) days after the receipt of such notice, cause such review to be completed in the manner specified above. In the event such review is not completed within such additional ten (10) days, such plans and specifications shall be deemed approved as submitted.
Section 3.06(A)
Permanently installed recreation equipment and service shall not be installed in side-yard setback.
Policy
Kiddie pools that are temporary and do not require a filtering system are permitted without prior authorization of the Architectural Review Committee. These are small pools that can be set-up in a few minutes, either inflated or simply filled with water, and are meant to be dumped and refilled with clean water every couple of days, and stored inside during the off-season.
Above ground pools that are semi-permanent or permanent and are larger in nature, and may require a filtering system will not be approved and constitute a violation
Permanent In-ground pools require prior authorization of the Architectural Review Committee. They must follow the existing set-back rules that are outlined in the Deed Restrictions (for example 12.5 feet from the side yard lot line) and do not infringe on existing easements. For this type of pool a homeowner must submit plans to the HOA’s Architectural Review Committee. Approval from this committee must be obtained prior to work beginning. Permits from the County and/or Township must be obtained. Proper fencing surrounding the pool must be installed.
The following are pictures of Kiddie pools that are permitted without prior approval of the Architectural Review Committee.
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The following pictures are examples of permanent or semi-permanent above ground pools that are NOT permitted in our community.
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Finally here is a picture of in-ground swimming pools that require prior approval of the Architectural Review Committee as well as building permits from Delaware County.
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