Architectural Control

Guidelines and Procedures

Copenhaver Homes Corporation

PO Box. 4028 • Rockville, MD 20850

Article VI: Architectural Control Committee______________________________________ 3
PURPOSE OF THE GUIDELINES_____________________________________________ 3
GENERAL CONSIDERATIONS_______________________________________________ 4
APPLICATION PROCEDURES_______________________________________________ 5
WORKING WITH THE ARCHITECTURAL CONTROL COMMITTEE_______________ 6
RESOLVING DISPUTES_____________________________________________________ 6
ARCHITECTURAL GUIDELINES DESIGN ELEMENTS__________________________ 8
Additions – Major___________________________________________________________ 8
Air Conditioners/Heat Pumps__________________________________________________ 8
Antennas/Satellite Dishes_____________________________________________________ 8
Attic Ventilators_____________________________________________________________ 8
Awnings___________________________________________________________________ 8
Basketball Poles & Backboards_________________________________________________ 9
Chimneys/Metal Flues________________________________________________________ 9
Decks_____________________________________________________________________ 9
Doors_____________________________________________________________________ 9
Driveways_________________________________________________________________ 9
Fences____________________________________________________________________ 10
Gutters/Downspouts_________________________________________________________ 10
Holiday Decorations_________________________________________________________ 10
Lighting___________________________________________________________________ 10
Painting/Color Changes_______________________________________________________ 10
Patios_____________________________________________________________________ 11
Play Equipment_____________________________________________________________ 11
Retaining Walls_____________________________________________________________ 11
Roofing___________________________________________________________________ 11
Sheds_____________________________________________________________________ 11
Siding____________________________________________________________________ 11
Signs_____________________________________________________________________ 11
Skylights and Sun Tunnels____________________________________________________ 12
Solar Panels________________________________________________________________ 12
Spas/Hot Tubs______________________________________________________________ 12
Storm Doors_______________________________________________________________ 12
Swimming Pools____________________________________________________________ 12
Trash and Recycling Cans_____________________________________________________ 12
Tree and Shrubbery Removal__________________________________________________ 12
Trellises___________________________________________________________________ 12
Walkways_________________________________________________________________ 13
Water Runoff_______________________________________________________________ 13
Windows__________________________________________________________________ 13
APPLICATION FOR EXTERIOR MODIFICATIONS______________________________ 15

*Note: The modifications included herein should not be viewed as an all-inclusive list. They represent only those changes that the ACC reviews most frequently.

The following is Article VI of the Covenants of the Copenhaver Homes Corporation. All homeowners are required to sign a statement agreeing to abide by these covenants upon purchase of a home in Copenhaver.

Article VI: Architectural Control Committee

Section 1. Review of Committee. From and after the completion of construction and first sale and settlement of a Private Dwelling Unit within Copenhaver by the Developer, its heirs, successors or assigns, no building, fence, wall or other structure shall be commenced, erected or maintained within Copenhaver, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Copenhaver Homes Corporation or by an Architectural Control Committee composed of three (3) or more persons appointed by the Board. In the event said Board, or its designated Committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. The Copenhaver Homes Corporation shall have the right to charge a reasonable fee for reviewing each application in an amount not to exceed $25.00. Provided that nothing herein contained shall apply to any buildings, fences, walls or other structures commenced, erected, maintained or to be erected upon land within Copenhaver as long as title to such land is held by the Developer. Any such exterior addition to or change or alteration made without application having first been made and approval obtained as provided above, shall be deemed to be in violation of this covenant and may be required to be restored to the original condition at Owners cost.

PURPOSE OF THE GUIDELINES

The Covenants of Copenhaver require an architectural control policy to preserve the community's high standards of building design and physical appearance and to protect property values. Article VI of the Covenants establishes the principle of Architectural Control. This article, which is quoted on the inside front cover, basically requires that no exterior addition or change (including any change in color) or other alteration be made until the plans and specifications showing the nature, shape, height, materials, color, and location of the same has been submitted to the ACC and approved in writing. This policy, which is legally binding on all residents, is one of the many reasons that Copenhaver's reputation endures as one of the most distinctive and attractive neighborhoods in Potomac.

The task of the Architectural Control Committee (ACC) is not an easy one. It must seek to balance the rights and expectations of property owners with those of their neighbors and the community. In making decisions, the ACC will consider everyone's input. It is the intention of the Board to preserve Copenhaver's unique nature while stopping short of over-regulating community members.

The following guidelines are intended to help residents determine whether the exterior changes or additions they are planning are consistent with Copenhaver's standards, and therefore likely to be approved by the Architectural Control committee. Homeowners may apply for exceptions to the guidelines, which will be considered on a case-by-case basis. ACC applications still must be submitted for any change unless specifically noted otherwise below.

GENERAL CONSIDERATIONS

Be sure that planned work will comply with all local laws and building codes, including the securing of any necessary permits or licenses. Copenhaver's guidelines are an adjunct to, not a replacement for, these laws and codes.

Quality of materials and workmanship are important. They should at least equal the standard existing throughout the community.

Do not rely solely on the design of a neighbor's additions and changes. Those projects might not have received approval for reasons that do not apply in your own situation, or they might even be out of compliance with the covenants and/or objectionable to neighbors.

Use the architectural review process even when you intend to remove existing exterior features, since these too can substantially alter the appearance of the property.

In all proposed architectural modifications, any structural elements, even those essential to the project, which encroach upon adjoining property, must receive prior written permission from adjoining property owners.

In general, the ACC guidelines extend to property maintenance. Homeowners should follow the Montgomery County Housing and Building Maintenance Standards for exterior management. https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-13077#rid-0-0-0-13299 [codelibrary.amlegal.com]

APPLICATION PROCEDURES

Architectural control forms must be submitted for any exterior modification, even if it is (for example) only a change in paint color or roof color. These forms must be submitted before you commence any work.

Architectural control forms are included in the back of this booklet. They may also be obtained from the secretary or the Chairperson of the ACC. Following is a checklist to insure your project will receive prompt consideration:

Ø Review the guidelines in this booklet that most closely relate to your project

Ø Gather information about your planned modification. Whether seeking bits, working with your prospective contractor, or designing a do-it-yourself project, you should provide, in writing, as many details as possible. This will benefit all parties (you, the contractor, your neighbors, and the ACC) and will help head off future misunderstandings.

Ø Obtain construction documents (or drawings) prepared by a qualified person. Except for relatively minor modifications, informal diagrams are not likely to be sufficient for ACC consideration. Documents should include details of construction, materials, waterproofing, drainage, plans, sections, elevations, code requirements, etc.

Ø Obtain the signatures of all adjacent property owners and others who will see the exterior modifications. Their signature DOES NOT indicate their approval of the planned project—only that they are aware of it.

Ø For major additions and changes, call Montgomery County (301-217-6370) to determine whether any permits will be needed for the work. If a building permit is required, the County will want to see written approval of the project from the ACC. It is important to remember that a project may be acceptable as far as the County is concerned but remain unacceptable to the ACC. In all cases, Copenhaver's covenants take precedence.

Make sure your forms are submitted to the ACC Chairman, c/o Copenhaver Homes Corporation, P.O. Box 4028, Rockville, MD 20850.

WORKING WITH THE ARCHITECTURAL CONTROL COMMITTEE

You will receive a postcard from the Administrator stating the date the application was received.

The ACC has 30 days from the date of receipt to act upon the application (meaning accept or deny it, or request additional information) If action is not taken within the 30-day period, the application is automatically approved.

You should expect to be contacted by the ACC. In its review of an application, the ACC not only determines whether it is consistent with the covenants and architectural guidelines, but also works with the applicant to develop mutually acceptable changes in a design that might otherwise not be approved.

If the ACC deems the application form and other material submitted incomplete or not sufficient, the application will be rejected with a notation about what additional information is needed. Once the additional information has been gathered, you must resubmit the application, and the 30-day period will begin anew.

Once a project has been approved, written notification will be sent to the applicant. Work cannot begin until written approval has been received. Approval by the ACC is good for only one year!

RESOLVING DISPUTES

Work can begin as soon as ACC approval is granted. However, if no initial action has been taken by the ACC within 30 days, approval is automatically granted. The ACC can, in the case of severe unanticipated circumstances, extend the period for taking action for an additional 30 days (60 days total) by notifying the applicant and the Board. From time to time, the ACC may deny an application. If you disagree with the ACC's decision, you may request an appeal before the entire Board of Directors. The Board, generally at its next regularly scheduled meeting (given sufficient advance notice by the applicant), can review the ACC's decision and consider any additional information, presented either orally or in writing. In most cases, the Board will inform adjacent property owners and other affected parties of their opportunity also to comment. The Board can decide to:

Ø Uphold the ACC decision;

Ø Find in favor of the applicant, overturning the ACC decision;

Ø Suggest a compromise mutually acceptable to all parties;

Ø Recommend one of the courses of action noted on the following page.

1. You and the Board can agree to submit the case to the Montgomery County Common Ownership Dispute Board (CODB) (51 Monroe Street, Rockville) for dispute resolution. The CODB will review the facts and render a decision. Although the CODB provides mediation, not binding arbitration, it is hoped that the parties can formally agree beforehand that the opinion rendered by the CODB will be binding on all the parties.

Montgomery County Common Ownership Dispute Board

51 Monroe Street

Rockville, MD

2. You and the Board can agree to submit the case to binding arbitration, through a group such as the American Arbitration Association. In binding arbitration, both parties agree in advance to abide by the decision of an impartial arbitrator selected by the participants from a panel of arbitrators. More informal than a court procedure, binding arbitration is usually less expensive and involves fewer delays. The homeowner will be responsible for one-half of the cost of the arbitration. Either side may still choose to be represented by legal counsel at their own cost.

3. If there is a failure to resolve the dispute through the above options or through any other attempts at a compromise, and you undertake the denied project, Copenhaver Homes Association may turn the case over to an attorney to pursue formal legal action. This action shall commence with the filing of a lawsuit seeking relief in the District Court of the State of Maryland.

ARCHITECTURAL GUIDELINES DESIGN ELEMENTS

Additions – Major

Major additions include but are not limited to new rooms, garages, the conversion of existing garages into living spaces (or vice versa), porches (also see DECKS, below), and sunrooms. They may also include the expansion of existing rooms, such as the enlargement of a garage or extension of a room or rooms, when such expansions result in a change to the exterior of the house. When reviewing major additions, the ACC will take into account the Covenants' general guidelines on harmony in relation to surrounding homes and topography; how well the addition matches or "blends" with the present structure; the impact on neighbors' views and privacy; changes in grading and drainage; and the extent of destruction of surrounding natural features, including trees.

Air Conditioners/Heat Pumps

Approval for the replacement of central air conditioning units and heat pumps is not required if you are replacing units of similar size in the same location. Relocation of units or installation of through-window or through-wall units will be reviewed by the ACC on a case-by-case basis.

Antennas/Satellite Dishes

The placement of television antennae, radio antennae, antenna towers, or large satellite dishes greater than one meter in diameter on the exterior of the residence is prohibited. Satellite dishes of less than 1 meter in diameter may be installed, but every attempt should be made to place them in an area, which will have minimal visibility from the street. If the dish is placed on the back of the house, it may be installed without approval. Unless such placement is necessary for adequate reception, satellite dishes are not to be placed on the front of the house without first obtaining approval from the ACC. If front placement is required, the dish and mounting are to be painted to blend into their surroundings.

Attic Ventilators

Ventilators will generally be viewed favorably if they are appropriate in size for their location and use. Except in unusual cases, ventilators shall be placed in a location least visible to adjoining properties and shall be no higher than 10 inches above the roof surface. Wall units shall not extend more than 8 inches beyond the wall.

Awnings

Awnings shall be consistent with the architectural style of the community and the scale of the home to which they will be attached. The color(s) of the fabric and frame shall be compatible with existing building colors. Consideration will be given to the visual effect an awning will have on adjoining properties. Awnings will not be permitted on the front of the house.

Basketball Poles & Backboards

Backboards will be allowed on or beside an approved, existing driveway. The ACC will consider their relation to surrounding structures and topography, as well as the potential for noise and physical damage to adjoining properties.

Chimneys/Metal Flues

New and/or replacement chimneys, and any extensions such as spark arresters and caps, shall be harmonious with the design, color, and material of the existing home, and with the surrounding homes. Chimney/flue enclosures shall use matching brick, and are required unless the flue penetrates the rear roof of the house. Metal flues will not be allowed on the front of the house.

Decks

Suitability of deck design will be decided on a case by case basis. General guidelines for acceptable decks are given below:

Upper Level Deck: These must be in proportion to the size of the house and conform to the architectural style of the residence. The treatment of the space under the deck, including stairs or landscaping, is an area of architectural concern and must be included in the application. In keeping with the original design of the community, no placement of a deck on the front of a dwelling is allowed.

Ground Level Deck: Depending on the elevation of the ground level deck, it must include a skirt board to screen any exposed structural elements. Appropriate landscaping shall be used to "soften" or hide the visual effect. Modification of Existing Deck: Material, color, and design of the proposed modification shall be in harmony with both the existing deck and the remainder of the house.

Doors

Front doors, including storm doors with screen inserts, shall be compatible with the architectural style of the property. Large glass inserts will be reviewed on a case-by-case basis. The exterior of the doors may be either painted or stained. Changes in the appearance of exterior doors are to be submitted to the ACC.

Driveways

Driveways may be repaved to their original dimensions without approval. Driveways may be widened by adding a "parking pad" after obtaining approval from the ACC. The dimensions of the parking pad will be the following: Width: nine (9) feet from the original boundaries of the driveway (9.5 feet from the outer edge of the garage doors), and not extending backwards past the front edge of the house. The pad should extend down twenty (20) feet toward the street at full width, and then tapers over twelve (12) feet to the original width of the driveway. The new asphalt should not be wider than the concrete pad where the two are joined (see diagram).

Fences

All fences are to be post and split-rail with a height of 40-48" and 3 horizontal rails. Side fences should be set back a minimum of 1/3 of the depth of the house. No fences are to be placed in the front yard of the house. Gate design, material, height and color must conform to the fence. Fences may be lined with unobtrusive wire mesh on the inside of the fence. The mesh, if used, must be adequately secured and can have a maximum height of 48". Painted fences are not allowed. In the case of a house located at a street comer, the back fence of the comer house is typically also the side fence of a house on the abutting property. In these cases, the rule for side fences shall apply in that the fence is not to extend further towards the street than 1/3 of the depth of the house for which it serves as a side fence.

Gutters/Downspouts

Requests for extending or reconfiguring gutters and downspouts must include a certification or other assurance from the contractor that the modification will not result in damage to any other lot or the common areas. The color of gutters and downspouts should be harmonious with the design and color of the house. Downspout extensions should be concealed as much as possible. All drain lines including those which are extensions of down spouts may not extend beyond the property line of the property from which they emanate. Existing extensions into common areas must be removed. New extensions into common areas may not be installed.

Holiday Decorations

All holiday decorations should be removed within 30 days post-holiday.

Lighting

These specifications and guidelines address design considerations only. They do not address safety, security and County code requirements. The installation of security lights, such as floodlights, will be considered by the ACC if such lights are placed under roof eaves,'directed downward, and shielded so they do not create a "hot" glare spot visible to neighbors. The fixture color and any shielding shall be compatible with the building. Any outdoor lighting should conform to the architectural style of the community and requires the approval of the ACC. The addition or replacement of any pole type fixture in the front yard of a residence must be submitted for review to the ACC. The top of pole-type light fixtures should be between 5 and 7 feet from the ground. Only the original pole-type lights in the community will be maintained by the homeowners association.

Painting/Color Changes

The following guidelines apply to all paintable exterior surfaces of the residence. Any color change requires the approval of the ACC. Proposed color changes should be in keeping with the predominant colors found in the immediate neighborhood and should be consistent with the architectural style of the house.

Patios

Patios shall be constructed of natural colored concrete, slate, flagstone, brick, or wood (synthetic turf is not permitted). Patios must be harmonious in design with the adjoining structure and must not impinge in any way on the privacy of neighboring properties.

Play Equipment

Structures such as tree houses, forts, and swing sets require the approval of the ACC which will consider the visual and acoustic impact the equipment will have on neighboring properties. All such equipment must be maintained (painted, stained, etc.) and neutral/muted colors are encouraged.

Retaining Walls

Retaining walls built with brick, stone, or wood will be considered by the ACC. Retaining walls shall be at the minimum height needed to serve their function. The top of the wall should be integrated into the terrain, terraced, if necessary, but level (see "Water Runoff).

Roofing

Any change in color or material from the original or current roof must be approved by the ACC.

Sheds

Sheds must blend into their surroundings. They shall be simple in design and must not adversely affect the appearance of the neighborhood. Metal sheds will be prohibited. Placement out of view of the street is encouraged but not required. All sheds must be approved by the ACC Sheds in view of the street are to be screened from view by plantings of shrubbery or trees All new or replacement sheds must be approved by the ACC.

Siding

Replacement siding is to be visually in keeping with that originally used on the home. It should be of a beaded pattern, and between 6.5" and 8" in width. Aluminum, vinyl or wood replacement siding is acceptable. Color should closely approximate the original color used on the home—if a change is requested, the change must be accepted by the Architectural Control Committee.

Non-conforming siding already in place will be allowed to remain, but in the event of replacement of greater than 40% of non-conforming siding, new replacement siding must conform as outlined above.

Signs

No permanent signs are allowed. Temporary signs, such as those noting security protection shall be simple, unadorned, and of low profile. In all cases, they must harmonize with the surroundings.

Skylights and Sun Tunnels

Skylights must have a low profile and be flat or only slightly curved and frames should approximate the roof color. Skylights shall be installed so that their upper edge is parallel to the roof ridge. Skylights and Sun Tunnels placed on the rear of the house must be submitted to the ACC but will usually be approved. Placement in the front of the house in a location visible from the street will be approved only under special circumstances.

Solar Panels

See attached Solar Panel Policy on Page 13.

Spas/Hot Tubs

Spas and hot tubs must be (1) located in the rear yard as far away as possible from adjacent properties so that their normal use, presence and mechanical noise do not adversely affect those properties; (2) integrated into a deck, patio or the topography, and (3) screened from view by landscaping. All mechanical equipment, pipes, and wiring shall be concealed. When set into above- ground decks, the understructure of the spas/hot tubs should be screened. Approval to install a spa or hot tub will be denied if such would adversely affect adjoining properties. Spas and hot tubs must comply with all State or County codes.

Storm Doors

Storm doors with ornamental designs are prohibited (see "Doors").

Swimming Pools

Guidelines for swimming pools are included with the covenants, inside the Directory.

Trash and Recycling Cans

All homeowner trash and recycling cans must be stored in garage or in areas not visible from the street (not in front or immediate front side of house). Any additional fencing or cover installed for cans outdoors must follow AAC process and guidelines for approval.

Tree and Shrubbery Removal

Sound trees on county property (street trees) may not be removed without approval of the ACC. If foundation plantings are removed, foundation planting must be replaced within 1 year.

Trellises

Trellises shall harmonize and integrate with the architectural style, design, and visual scale of the structures to which they are attached.

Walkways

Walkways must harmonize with adjacent structures and with the topography. Creation of a new walkway requires ACC approval.

Water Runoff

It is the homeowner's responsibility to assure that any modification (i.e. retaining wall, gutters, patio, regrading) does not have an adverse impact on the adjoining properties (i.e. water runoff).

Windows

Replacement windows and replacement glass shall match the design details (mullions) and color of the existing windows. Window additions shall match the design details and color of the existing windows. Their size and location must harmonize with the architectural style and composition of the structure.

Storm Windows - Storm windows shall not alter the appearance of the existing windows.

Shutters - Shutters shall harmonize with the house, and be appropriately proportioned.

Solar Panel Policy

Scope and Purpose: The Copenhaver Association wishes to facilitate the installation of solar panels within the Association, while preserving the architectural appearance and procedures of the Association, in accordance with relevant law. These rules shall govern the installation of solar panels within the Copenhaver Association.

Placement: Except as provided herein, solar panels may only be installed on the rear side of the roof. If, however, the rear side of the roof has insufficient sun exposure to allow the solar panels to operate effectively, the Owner will be permitted to install solar shingles on the front or other alternative locations on the home on a case-by-case basis, upon request for an alternative location. If requesting an alternative location, the Owner requesting the same shall be responsible to 1) demonstrate in their application that the rear side of the roof has insufficient sun exposure to allow the solar panels to operate effectively, or 2) that it significantly reduces the efficiency of the solar panels, and 3) that solar shingles are not viable from a cost or efficiency standpoint. Solar panels will not be permitted to extend beyond the roof line and shall lay flat against the roof. All wires shall be affixed to the home and placed in a manner to minimize visibility and a solar apron should be used on all edges visible from the ground.

Approval Requirements: The installation of any and all solar panels requires the prior approval of the Board of Directors. As with any other architectural change, to obtain approval, an Owner must submit the appropriate architectural application, with the appropriate plans and specifications showing, in detail, the size, dimension and placement of the solar panels, and which otherwise comply with this Policy. If the application submitted by the Owner is deemed insufficient, the application will be denied and returned to the Owner for modification and resubmission to the Board of Directors.

Additional Requirements:

1) For roof access and the safety of fire personnel, panels should be installed at least 24 inches from each roof edge.

2) Solar panels will not be permitted to extend beyond the roof line, shall lay flat against the roof, and shall not adversely impact the gutter system and normal roof drainage.

3) Solar panels should be installed as closely as reasonably possible within the center of the roof area, should be proportionate to the roof surface, and should be installed in a rectangular configuration.

4) All cables and wires shall be affixed to the home and placed in a manner to minimize visibility.

5) Black solar panels with a black background are recommended for aesthetic reasons. Solar panels and related accessories should be kept clean, repaired of cracks, and checked for secure fastening to the roof or other anchor support.

6) If sun exposure is on the front of the roof, solar shingles are recommended for aesthetic reasons.

7) Freestanding solar panels are prohibited.

COPENHAVER HOMES CORPORATION

P.O. Box 4028 Date Received:

Rockville, Maryland 20850

ARCHITECTURAL CONTROL COMMITTEE

APPLICATION FOR EXTERIOR MODIFICATIONS

THIS APPLICATION MUST BE SUBMITTED FOR ANY EXTERIOR

ARCHITECTURAL MODIFICATION, INCLUDING CHANGES IN COLOR

MATERIAL, ROOFS, ETC.

Applicant: Date:

Address: Email:

Home: ( ) Business: ( ) Fax ( )

INSTRUCTIONS: Please complete the entire application and submit it to the Homeowners Association at the above address. The application for exterior modifications is automatically approved if not denied within 30 days after acknowledgment of its receipt, per Article VI. Building permits may be required for some alterations; you should contact Montgomery County Department of Permitting Services (Permits, building, electrical) for any information regarding permits (301-217-6370).

DESCRIPTION OF THE PROJECT: Describe the proposed project briefly below. Use additional sheets when necessary. Also include the following: A detailed sketch (8 1/2x11" min.) or architect's plans; color samples (2" x 2" min.); and samples or description of materials to be used.

CONTRACTOR:

Address: OR

Owner will do own work: Yes No

Please obtain signatures of adjacent property owners and others who will see the exterior modifications. Their signature does not indicate their approval of the planned project, but only their acknowledgment of it.

SIGNATURES OF ADJACENT PROPERTY OWNERS AND OTHERS WHO WILL

SEE THE PLANNED MODIFICATIONS:

BEFORE SIGNING THIS APPLICATION, PLEASE READ THE FOLLOWING:

Your signature on this application does not indicate approval of the planned project, but only that you have knowledge of it. If you have any questions regarding this application or disapprove of any of its components, please immediately contact the Architectural Control Committee or the Copenhaver Association Board (preferably in writing) to explain your concerns. You are also encouraged to discuss your concerns directly with the submitter of the application.

NAME ADDRESS SIGNATURE

ARCHITECTURAL CONTROL COMMITTEE ACTION:

Approved Denied Date

By:

Comments:

Board Action (when necessary) Date:

APPROVAL IS ONLY VALID FOR ONE YEAR FROM THE DATE OF APPROVAL.