Oak Hills ECC Guidelines

Revise: 03 2004

RESPONSIBILITY OF THE ENVIRONMENTAL CONTROL COMMITTEE

The Oak Hills Declaration of Covenants, Conditions and Restrictions charge the Environmental Control Committee (ECC) with a dual responsibility:

1. IMPROVEMENTS Approval of structural improvements and

2. ENVIRONMENT Enforcing maintenance of the environment so that Oak Hills will remain a highly desirable, low-density rural residential area.

3 PURPOSE OF GUIDELINES: These Guidelines clarify the intentions of the Oak Hills Declaration of Covenants, Conditions and Restrictions. Each Guideline is based upon the covenants and is therefore enforceable by the terms of the covenants. These Guidelines assist the homeowner in designing the proposed improvement; inform the homeowner what improvements need approval and how to apply for approval; and provide criteria for consistent decisions by the ECC. A proposed improvement is defined as any change, alteration, or addition to a lot and/or exterior of a structure and requires prior approval by the ECC. These guidelines were written in response to the common questions raised regarding the covenants. The Guidelines help to assure all residents that improvements and the environment will individually and collectively enhance the community.

4. SOURCE OF ECC AUTHORITY: Oak Hills Declaration of Covenants, Conditions and Restrictions Article II Section 3 states: “The Association by and through its Environmental Committee and/or its Board of Managers shall be responsible for maintaining the subdivision as a highly desirable rural residential area.” Oak Hills Declaration of Covenants, Conditions and Restrictions Article II Section 5 states: “There shall be appointed by the Board of Managers of the Association an Environmental Control Committee (hereinafter referred to as the “Committee”) consisting of not less thanthree persons who shall be owners of tracts within the subdivision.Oak Hills Declaration of Covenants, Conditions and Restrictions Article II Section 6 states: “No improvements including without limitation dwelling houses, barns, swimming pools, flag poles, light poles, fuel tanks, reception antennas, fences, walls, garages, driveways, parking areas, walkways and all other related construction shall be constructed or altered nor shall natural vegetation be damaged nor shall landscape development be performed unless complete detailed plans and specifications for all such construction or alterations shall have been approved in writing by the Committee prior to the commencement of work.” Bylaws Oak Hills-Owners Association, Inc. Article 4.05B states: “The Environmental Control Committee shall be empowered and shall have the duty to establish, make and enforce compliance with reasonable rules and regulations as may be necessary to govern the subdivision.”

5. GUIDING PRINCIPLES: Oak Hills is a highly desirable, architecturally diverse, low density, semi-rural residential equine community featuring unique, custom homes. The purpose of the Environmental Control Committee is to maintain this type of community. Because there are no two lots or homes exactly alike in Oak Hills, the ECC will review each planned improvement in relation to the specific characteristics of the particular lot and its surroundings. All plans will be reviewed for compliance with the Oak Hills covenants. This review includes, but is not limited to, structure location and size, easements, impact to natural drainages and vegetation, driveways and parking areas, exterior lighting, landscaping, etc. Improvements on existing developed properties are expected to be consistent with the architectural style of the existing home. The ECC strongly encourages you to express your individuality in the design of your custom home. It is the philosophy of the ECC to work with rather than rule over the homeowners with regard to the architectural features affecting our community. The following guidelines define the major architectural and environmental elements of Oak Hills so a highly desirable community is achieved without sacrificing the individuality and character of each individual home. Out of concern for our community these guidelines have been established by the ECC and approved by the Board of Managers. They must be complied with and will be enforced pursuant to Article VII, Section 1, of the Oak Hills Declaration of Covenants, Conditions and Restrictions.

The ECC reserves the right to waive or vary any of these guidelines, under exceptional circumstances for good cause shown, except to the extent that the guidelines restate the covenants. The ECC does not have authority to unilaterally waive covenants, but variances to the covenants may be allowed via a formal process outlined in the Declaration of Covenants, Conditions & Restrictions. See Article II Section 7.

Revised: 03 2004

STATEMENT OF GUIDELINES:

1. Size of Dwelling. The ground floor of each dwelling exclusive of porches and garages, shall not be less than 1800 square feet for a one story dwelling nor less than 1200 square feet for a multi-level dwelling. A dwelling consisting of one and half stories or more including split-level dwellings shall contain a floor area exclusive of basement, which shall not be less than 1800 square feet. See Oak Hills Declaration of Covenants, Conditions & Restrictions Article VI, Section 5.

Building Height. The maximum height of any building within the subdivision shall be thirty feet. Building height shall be defined as the vertical distance from the average finish grade level of the structure directly above ground level. This maximum building height may be waived by the ECC when in their opinion any proposed structure relates to sound architectural planning and land use and when such structure conforms to the overall design and pattern of the development of the subdivision. See Oak Hills Declaration of Covenants, Conditions & Restrictions Article VI, Section 6.
Roofs. Roofing materials must be fire resistant (Class A as per NFPA 299). Concrete or clay tile, architectural quality shingle and slate are the preferred materials. Cedar shake shingle roofs are strongly discouraged because of Colorado’s fire risk from lightning strikes. Roofing materials will be considered with respect to harmony of color and texture with other materials on the dwelling. Improvements on existing developed properties are expected to be consistent with the architectural style of the existing home. All new construction and all existing roof replacements require approval by the ECC prior to commencement of work. ECC notification and approval is required for roof replacement whether or not the roofing material or color has changed. This is enforced to ensure that the construction area is properly cleaned up and that the contractor has not caused excessive damage to any property within Oak Hills.

2. Garages. The Declaration of Covenants, Conditions & Restrictions require one garage at each residence that will hold a minimum of a two cars PLUS adequate off street parking for other vehicles and/or trailers. To minimize the number of vehicles parked outside of homes, and thus maintain the high quality of the community, the ECC STRONGLY recommends a minimum of a three-car garage for adequate storage of vehicles and other items. Garages may be either attached or detached. Off street parking areas should be planned for both temporary guest parking as well as long-term storage of other vehicles and/or trailers. The ECC recommends using some sort of visual barrier to minimize the view of long-term storage items if all the vehicles cannot be parked inside a garage. The ECC strives to reach a balance between vehicles parked outside and massive buildings used for garages. Either case can be viewed as an “eye-sore” that would detract from the highly desirable environment within Oak Hills. All garages and off street parking areas will be reviewed on a case-by-case basis, based on the home’s architecture and the environmental constraints of the property being reviewed.

Off-Street Parking. No overnight parking shall be permitted in the dedicated road right-of-way and no parking in common areas.

Garage Doors. Must be painted or stained to match the house. During new construction, the preferred orientation of the garage doors is out of view from the road directly in front of the home. We prefer to see your home’s architecture rather than your garage doors. The five-acre lots within Oak Hills usually provide adequate area to accommodate a side entrance garage.
Color. Each color scheme will be reviewed by the ECC for consistency with the architectural style of the home. All projections including, but not limited to chimney flues, vents, gutters, plumbing stacks, chimney flashing, downspouts, and utility boxes are to be painted the color of the surface from which they project, or an accent color consistent with the existing structure. All exterior painting projects require approval by the ECC whether or not the color has changed. This is to ensure the work area is properly cleaned up and no damage has been done to any property in Oak Hills.

Service Buildings and Barns/Stables. Service buildings (i.e., pool houses, tool sheds, storage sheds, etc.) are to be designed with the same exterior construction materials as the single-family dwelling. A barn or stable is to be designed to conform to the architectural style of the single-family dwelling and not to exceed 900 square feet in floor space (See Article VI, Section 1c of the Oak Hills Declaration of Covenants, Conditions & Restrictions). Metal structures are not allowed within Oak Hills.

Foundation Facing. No foundation of cinder block or concrete shall be exposed to view. Facing may be of wood, brick, or stone. No metal facing or other similar manufactured facing material shall be permitted unless first approved in writing by the ECC.

3. Construction Commencement and Completion. Construction of the approved residence and/or any other structure (i.e., barn, pool, etc.) must be initiated within 180 days after approval or the plans must be resubmitted for re-approval. Construction shall be completed within nine (9) months from the start of construction. The ECC recognizes there may be circumstances that delay construction.

Remodeling. All exterior modifications and/or additions to the original approved plans must be submitted to the ECC for approval and are subject to all the conditions of initial construction.
Air Conditioning. Rooftop air-conditioning units and/or swamp coolers must be screened from view of roadways and adjacent properties and require pre-approval by the ECC. See Article VI, Section 7 of the Oak Hills Declaration of Covenants, Conditions & Restrictions.

Antennas. Must be concealed within the house.
Satellite Dishes and Wireless Dishes. Must be reasonably screened from view. All unused dishes must be removed.

4. Clothes Lines. Must be hidden from view of the street and adjacent properties.
Exterior Lighting. Permanent exterior lighting is encouraged when it does not glare or cause intrusion on improvements of other properties. E.g., Deflectors or opaque glass could be used to screen the offensive light source. In all cases, permanent exterior lights are subject to the prior approval of the ECC. No telephone pole lights will be approved. Holiday lighting should be restricted to the season.
Fences/Privacy Walls. All fences and privacy walls must be pre-approved by the ECC. As materials used for fencing evolve, the ECC encourages their application. Many of these products reduce maintenance costs and maintain their finish and appearance for longer periods of time. Wood and stone are the preferred materials as stated in the covenants, but the ECC will review fencing applications on a case-by-case basis to include these new materials. Placement is not permitted in areas designated on the recorded plat as pedestrian trails and bridle trails. Snow fencing must be removed in the spring. Six-foot privacy and metal fences are STRONGLY discouraged in order to maintain the semi-rural atmosphere of Oak Hills.

Retaining Walls. Extreme use of retaining walls is to be avoided. A detailed landscape plan showing the size and exposure of the retaining wall is required at the time of plan review and approval.
Pools. Location, design and construction material must be pre-approved by the ECC.

Driveways. Driveways must be hard surface (i.e., asphalt, concrete, brick, crushed rock, aggregate, etc.). Driveways and parking areas must be pre-approved by the ECC. All resurfacing or re-grading performed by a contractor must be pre-approved by the ECC and requires a completed landscape improvement application. This is enforced to ensure that the construction area is properly cleaned up and that the contractor has not caused excessive damage to any property within Oak Hills.

Irrigation Restriction. Outside irrigation must not exceed 15,000 square feet on each tract.

Pedestrian and Bridal Paths. See the Oak Hills Declaration of Covenants, Conditions & Restrictions, Article IV, Section 2. Take note of designated pedestrian and bridal paths on recorded plats. Easements may not be infringed upon.

Incinerators. Outside incinerators are NOT ALLOWED.

Household Trash. Must be kept out of sight except on collection days. Due to wildlife within Oak Hills, the ECC recommends placing trash curbside in a hard container with a secured lid. Trash should be placed curbside on collection day only. Use of plastic trash bags is strongly discouraged due to their susceptibility to wildlife and birds and the seasonal high wind in the area.
Motorcycles, etc. Operating motorized recreational vehicles within Oak Hills is discouraged. Under no circumstances shall recreational vehicles be driven in the common areas or along the bridal trails. However, motorized recreational vehicles may be operated in designated areas on the owners property with prior approval from the ECC just as in other approval requirements. The area designated for off-road type recreation vehicles shall not exceed the area that would be reasonable to expect for a horse corral or riding arena on that same property. This designated recreational vehicle area shall not cause additional and unnatural drainages from said tract onto any other property or public right-of-way other than what would have ordinarily flowed had the tract been left in its original, unaltered condition. Under no circumstances shall full size “road worthy” recreation vehicles, i.e.; dune buggies, 4WD trucks, etc., be driven off the designated roads, streets, and driveways. Bicycles are allowed as long as they do not significantly damage the natural vegetation and/or wildlife.

Dog Control. All dogs must be under control by an owner of a tract at all times. Douglas County prohibits dogs from running at-large, from being off the premises of its owner and not under their control. Douglas County also prohibits dogs from barking excessively. The ECC recommends voicing complaints directly with the dog owners. If this does not work, contact Douglas County Animal Control.

5. Animal Enclosures. Subject to pre-approval by the ECC.

Landscape Development. Initial and subsequent plans must be pre-approved by the ECC and may not exceed 15,000 square feet of irrigated area. The ECC STRONGLY encourages planting native trees and plants, low volume irrigation systems, and Xeriscape landscaping. Landscape development shall not cause additional and unnatural drainages from said tract onto any other property or public right-of-way other than what would have ordinarily flowed had the tract been left in its original, unaltered condition. Basic maintenance, such as repainting with the same colors or resurfacing the driveway, does not require ECC approval. Major landscaping does require ECC approval. The planting of individual trees or shrubs does not require approval. If you are in doubt about your project, contact one of the ECC members for clarification.

Article II (7) of the Oak Hills Owners Association provides for reasonable variances from the covenants. The costs incurred when applying for a variance are the responsibility of the applicant. These costs include and are not limited to the cost of copies, postage, envelopes, and the printing of mailing labels.