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Effective March, 2019 |
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Policy
The following is the official interpretation of these restrictions.
It is the homeowner’s responsibility to submit an Application for Exterior Alteration/Modification to the Architecture Review Committee (via the Management Company) at least 30 days in advance of the removal of any tree with a trunk diameter of 6 inches or more. The committee has 20 days to review, and approve or deny the request. In the event additional information is required, the 20-day clock re-starts from the date
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the
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additional requested information is received (refer to Section 3.02of the Deed Restrictions). Appeals for denials by the Architecture Review Committee may be made to the Trustees. The Trustee’s decision will be final.
Refer to our website (www.villageatalumcreek.org) for details regarding submitting an Application for Exterior Alteration/Modification
If the homeowner is removing one or both of the trees planted in their front yard as part of the initial landscaping by the developer (the sidewalk trees
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), they must
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do one of two things: a) grind the stump, bring in topsoil and reseed the area where the tree was removed, or b) replace the removed tree with one of the approved tree varieties listed
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below.
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This list only applies
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to trees planted in the front yard by the sidewalk
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that were part of the initial landscaping completed by the developer.
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The homeowner can plant any variety of tree they want elsewhere in their yard
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.
APPROVED SIDEWALK TREE VARIETIES – Delaware County is in Hardiness Zone 6A
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Cleveland Select Flowering Pear
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There is no requirement to replace the sidewalk trees if they were removed prior to the policy issue date (March 2019).
For example, if you had a sidewalk tree blow over in a storm prior to March 2019 and you did not replace it, the HOA will not require you to replace it now.
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If you removed and replaced the street trees prior to March 2019, the tree variety requirement does not apply, since the Policy did not exist prior to March 2019.
For example, if you replaced the sidewalk trees prior to March 2019 with Gingko Trees, you will not be required to replace them with one of the approved varieties.
The Gingko trees, in this example, can stay.Replaced front yard sidewalk trees
Must have a trunk diameter of 1 ½ inches or larger.
Must be planted a minimum of 6 feet in from the sidewalk. And no more than 10 feet in from the sidewalk.
“In from the sidewalk” means as you walk away from the inside edge of the sidewalk towards your house.
Replaced front yard sidewalk trees do not need to be the same variety, only an approved variety.
Matching variety is preferred
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but not required.
It is the homeowner’s responsibility to trim trees that obstruct the vision of drivers. This applies primarily to corner lots, but will be enforced for all lots.
If a tree prevents pedestrians or drivers from seeing obstacles and on-coming traffic, the homeowner must trim back the tree or planting.No homeowner has the right to remove trees or plantings that are not on their property!
It is the homeowner’s responsibility to trim trees limbs that overhang sidewalks to a height of eight (8) feet.
No pedestrian walking down the sidewalk should fear running into the branch of a tree.It is the homeowner’s responsibility to trim bushes and miscellaneous plantings such that they do not overhang the sidewalk,
limiting the space a pedestrian has to walk safely through the neighborhood.
Deed References
Below are the four sections of our Deed Restrictions that address trees in the neighborhood.
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