PENNINGTON HILL DESIGN STANDARDS

 PURPOSE:

The Architectural Control Committee (ACC) of the Pennington Hill Subdivision pursuant to Article V, Section 5.02 of the Declaration of Covenants have adopted the following “Design Standards”:

The Pennington Hill Homeowners Association Architectural Control Committee has adopted these Design Standards to assure that any installation, construction, or alteration of any "Structure" on any lot is in conformance with the external design and general quality of the existing standards of the Pennington Hill Subdivision.  

An explanation of the following words: 

LOT - means any numbered parcel of land shown upon that certain final subdivision plat prepared by Mark G. Lee, and recorded in Plat Book 156, page 50 Cobb County, Georgia records, or as similarly shown on supplemental surveys of such tract or such additional tracts as may be added to the Property from time to time as provided herein; provide, however, that no portion f the Common Property shall ever be a Lot; 

STRUCTURE - means (a) any thing or object, the placement of which upon any Lot may affect the appearance of such Lot, including by way of illustration and not limitation, any building or part thereof, garage, porch, shed, greenhouse or bathhouse, coop or cage, covered or uncovered patio, swimming pool, fence, curbing, paving, wall, tree, shrub, sign, signboard, temporary or permanent living quarters (including any house trailer) or any other temporary or permanent improvement to such Lot; (b) any excavation, grading, fill, ditch, diversion dam or other thing or device which affects or alters the natural flow of surface waters from, upon or across any Lot, or which affects or alters the flow of any waters in any natural or artificial creek, stream, wash or drainage channel from, upon or across any Lot; and (c) any change in the grade at any point f a Lot of more than six (6) inches.

The Design Standards define what is meant by the installation, construction, or alteration of any structure by listing specific items which the Design Standards are being set forth to regulate within the Pennington Hill Subdivision.  Please note, however, that other items may exist, which are not listed in the Design Standards that will require approval of the Architectural Control Committee.  If a homeowner intends to construct, install or alter any structure that is not designated in the list of items included in the Design Standards, the homeowner should contact any member of the ACC to determine if approval is necessary.  Please note that the ACC reserves the right to change, alter, or add to the current Design Standards. 

In the event of a conflict between the Covenants and the Design Standards, the Covenants will prevail. 

The Design Standards include a five (5) step process that must be used by the homeowner in order for the ACC to approve the installation, construction, or alteration of any Structure.

FIVE (5) STEP PROCESS TO INSTALL, CONSTRUCT OR ALTER A STRUCTURE: 

STEP 1:  SUBMIT PLANS

Any homeowners intending to install, construct, or alter a structure on their lot must deliver, by hand delivery their plan for pre-approval. per Article V Section 5.13 of the Covenants, to a member of the ACC.  The ACC will issue a receipt for the fee collected. 

All plans must be submitted in duplicate using the application for modification form (a copy is attached or notify an ACC member for a copy).  A copy of the homeowners lot survey from their closing package showing the location of the proposed structure on the lot in reference to property boundaries, house, easements, and/or other pertinent information should be attached.  Any pertinent drawings, plans, brochures, pictures, etc., should also be attached at time of proposed plan submitted.  

STEP 2:  PRE-APPROVAL OF PLANS

All plans will be pre-approved, pre-approved with modification, or disapproved by the ACC in accordance with Article V of the Covenants.

Disapproval of plans may occur when: 

1)  Necessary information is not provided

2)  The plans fail to comply with the Design Standards or Covenants

3)  Any other matter which, in the judgment of the ACC, would be likely to cause the proposed installation, construction or alteration of a Structure to fail to be in conformity and harmony of external design and general quality with the standards of the Pennington Hill Subdivision as set forth in the Design Standards, or as to location to be incompatible with topography, finished ground elevation and surrounding Structures.  In any case in which the ACC shall disapprove any plans and specifications submitted hereunder, or shall pre-approve the same only as modified upon specified conditions, such disapproval or qualified pre-approval shall be accompanied by a statement of the grounds upon which such action was based.  In any such case the ACC shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal may be prepared and submitted for pre-approval. 

The ACC will pre-approval, disapprove, or pre-approve with modifications all plans within thirty (30) days  of receipt of said plans.  All pre-approvals, disapprovals, and pre-approvals with modifications will be hand delivered or sent by certified mail. 

Any plans disapproved or pre-approved with modifications by the ACC will be accompanied with a statement as to why such disapproval or pre-approval with modifications is being made in accordance with Article V, Section--- of the Covenants. 

Pre-approval of plans relating to any lot or structure are final as to that lot or Structure and cannot be rescinded. 

STEP 3: INSTALL, CONSTRUCT, OR ALTER STRUCTURE 

The installation, construction, or alteration of any Structure pre-approved must be complete within sixty (60) days of the intended start date listed on the plan submitted to the ACC.  If the installation, construction, or alteration is not completed as designated on the pre-approval letter, plans for pre-approval must be resubmitted.  However, you may request an extension in the construction to the ACC in writing.  The ACC will accept or deny your request.  The ACC will, in writing, notify you of your request.

STEP 4:  NOTIFY ACC OF COMPLETION

 Please notify a member of the ACC by phone or e-mail that the pre-approved installation, construction, or alteration to a structure, has been completed so that a member of the ACC can inspect it.

STEP 5:  INSPECTION -- CERTIFICATION OF COMPLIANCE 

The ACC will inspect the installation, construction, or alteration of a structure to insure conformance with the plans submitted and pre-approved.  Provided the installation, construction, or alteration of a structure conforms to the submitted plans, the ACC will provide the owner with a Certification of Compliance.

A Certification of Compliance is proof to owners of a lot and to any possible purchaser of that lot, that the installation, construction, or alteration of a particular Structure has been completed in accordance with pre-approved plans.  The Certification of Compliance in no way certifies the workmanship, quality, engineering, materials, or equipment that make up a particular structure.

A Certification of Compliance will be issued to the homeowner and a copy filed with the ACC. 

STRUCTURES AND ALTERATIONS TO BE REGULATED BY THE ACC

All structures and alterations to the lot are the responsibility of the homeowner with regard to the proper maintenance and care of new or existing structures.  Maintenance and repairs will be required by the ACC. 

ADDRESS NUMBERS--Address numbers placed on house should not exceed four (4) inches in height.  Address numbers painted on the curb should be in front of the mailbox, white background with black letters and not to exceed five (5) inches. 

ADDITIONS--Additions to homes must be approved by the ACC using the Approval Process. 

AIR CONDITIONERS--Window air conditioners will not be approved by the ACC.  

ANIMAL HOUSES-- These are permitted when located behind the rear line of the house with prior ACC approval using the  Approval Process.  The exterior colors and materials must relate to the exterior of the house in which they are located or blend with the environment. These are subject to the proper maintenance, care and appearance as with any structure. 

ATTIC FANS/ROOF VENTS--These are permitted.  If visible from the front of the home the addition must have approval by the ACC using the Approval Process. 

AWNINGS--Awnings of any kind must be approved by the ACC using the Approval Process.  Overhangs over front doors, which are constructed with wood and covered with matching shingles, must be approved by the ACC using the Approval Process. 

BASKETBALL GOALS--Temporary basketball goals are permitted for use adjacent to or on front driveways on the back half of the drive.  If the goal is not in use for long periods of time, it must be stored in the garage or behind the rear line of the house if not in use.  Basketball goals must be portable and have standard white, gray or clear backboards.  Proper maintenance, care and appearance of the temporary basketball goals are a requirement.  This includes properly attached netting.   No basketball activity is permitted after dusk. 

CARPORTS--No Carports will be permitted or approved. 

CLOTHESLINES--No clotheslines will be permitted.  No clothesline "dog runs" will be allowed. 

DECKS, DECK ENLARGEMENTS, PATIO OR PATIO ENLARGEMENTS--Deck or deck enlargements must be approved by the ACC using the Approval Process.  

DECORATIVE APPARATUS--Any decorative appurtenances, including but not limited to, sculptures, bird baths, poled birdhouses, fountains, gazebos, or other decorative embellishments must be approved by the ACC using the Approval Process when placed in the front line of the house.  This excludes holiday decorations, which are allowed for a reasonable time frame. 

DOORS--All exterior door additions or removals must be approved by the ACC using the Approval Process when the addition or removal involves the physical opening of a new doorway or closing of an existing doorway.  All storm or screen doors added to any front door do not require pre-approval from the ACC.  Replacement of doors with identical door and same color as the original door paint do not require the ACC approval.  Any change in the door style and/or color of paint must be approved by the ACC using the Approval Process. 

DRIVEWAYS--All new driveways or driveway extensions must be approved by the ACC using the Approval Process. 

FENCES--All fences must be approved by the ACC using the Approval Process.  Fences must be of pressure treated wood, with horizontal support boards to the inside only and not to extend beyond six (6) feet in height.   The fence will be permitted to be installed only to the rear of the house line.  No chain link fences are permitted.  Any concealing landscaping for the fence must be submitted at time of fence request.  All non-natural finishes applied to the fence shall require approval by the ACC using the Approval Process.  Homeowners are responsible for proper maintenance of the fence, not limited to finish and upright position.

Proper maintenance will be determined by the ACC. 

FURNITURE (ORNAMENTAL)--Ornamental other than that placed on a front porch is not permitted beyond the front line of the house.  Ornamental furniture must have ACC approval if put beyond the front line of the house.  See also Decorative Apparatus. 

HOT TUBS, AND JACUZZIS--All hot tubs must be approved using the Approval Process.  They must be placed at the rear of the house line and concealed by fence or landscaping from the view of the road. 

JACUZZIS--See hot tubs. 

LANDSCAPING--All landscaping must be maintained at all times including, but not limited to, weeding, mowing, edging, pruning of shrubbery.  Also the like must not obstruct the view of motorist.  Extensive landscaping, removal of trees, major plantings, terrain changes, installation of yard sculptures (see decorative appurtenances) must be approved by the ACC using the Approval Process.  Removing trees more than six (6) inches in diameter, or 19 inches in circumference, (Article VI Section 6.06) is prohibited unless approved by the ACC using the Approval Process.  Dead trees will be deleted or replaced immediately after removal. 

LATTICEWORK--All latticework must be approved by the ACC using the Approval Process. Latticework to enclose underneath the front porch must be painted or stained the same color as the front steps or porch it is being attached to. 

LIGHTING--All exterior lighting alterations must be approved by the ACC using the Approval Process.  Landscaping lighting is permitted with ACC approval, follow Approval Process.  Mercury lights will not be approved.  Bug lights are permitted when placed to the rear house line. 

MASONRY--All masonry work must be approved by the ACC using the Approval Process. 

OUTBUILDINGS (GREENHOUSES, SHEDS, DETACHED STORAGE BUILDINGS, ETC.)--These require ACC approval using the Approval Process.  They must be of matching color with the house and the shingles need to match the house shingles.  No metal, aluminum or plastic sheds will be approved or permitted.  Standards for permanent sheds including size, placement, shingles and foundation will be made available to interested homeowners.  Electrical, telephone etc. line will be run underground to said structure.  (See General Structural Guidelines #5 of the General Standards) 

PAINTING--Repainting with existing color shade does not require the ACC approval.  Painting alterations must be approved by the ACC using the Approval Process.  The following information must be provided:   Exterior color scheme, indicating stucco colors, brick colors, mortar colors, siding colors, trim color, shutter color, gutter and downspout colors, and door color.   (Original neutral color schemes established by the developer will be upheld.) 

PATIO--See Decks

PLAYHOUSES/PLAY EQUIPMENT--Portable playhouses and equipment are permitted (i.e. Little Tyke playhouse, basketball goals). These items must be kept at the rear of the house line or if children are playing with them at the front of the house.  The items will need to be stored away nightly in the garage. 

POOLS--Above ground pools will not be permitted or approved.  Portable children pools no larger than twelve feet in diameter and eighteen (18) inches high are permitted without approval. If portable children pools are located in front of house or in driveways, these must be put away nightly.  In ground pools must be approved by the ACC using the Approval Process.  They must be screened (fenced) from adjacent property and street view.  All pumps, filters, equipment, etc., must be placed where it will not cause a nuisance to neighbors and must be screened from view.  The complete layout with pool accessories must have ACC approval.  Pool and accessories  must be submitted together for the Approval Process. 

RECREATIONAL EQUIPMENT--Must be stored at the rear of the house or inside the house.  See basketball goals for their restrictions. 

ROOFING--All roofing will remain black and in line with existing roofing. 

SATELLITE DISHES--Satellite dishes are permitted. They may not be larger than thirty-nine (39) inches (one (1) meter) in diameter and the location must be approved by the ACC following the Approval Process. 

SECURITY SHUTTERS AND BURGLAR BARS--Security shutters and burglar bars are permissible for windows on the side and rear of the house.  These need ACC approval using the Approval Process. 

SHED--See Outbuildings. 

SIDEWALKS--Sidewalks and sidewalk extensions must be approved by the ACC using the Approval Process. 

SIDING--Siding materials shall be vinyl as originally constructed.  Siding installation and/or color change must have ACC approval using the Approval Process.  (Original neutral color schemes established by the developer will be upheld). 

SIGNS--Temporary signs (i.e.. Birthday, graduation, etc.) for seven (7) days are permitted.  "For Sale" or "For Rent' signs, must be no larger than a maximum face area of four (4) square feet (Article VI Section 6.08 (ii)), only one sign per front window grouping is permitted and one sign in the front yard.  Political signs may be placed two weeks before an election but must be removed within twenty (24) hours after the election. 

SKYLIGHTS--The location (if visible from the front of the house) and design of all skylights must be approved by the ACC using the Approval Process. 

SOLAR HEAT COLLECTORS--The location and design of all solar heat collectors and panels must be approved by the ACC using the Approval Process. 

SUN PORCHES--Sun porches must be approved by the ACC using the Approval Process.  Aluminum and metal sun porches will not be permitted or approved. 

SWING SETS--See Tree Houses. 

TENTS--Overnight use of  tents for  parents and children's recreational use is permissible without approval of the ACC.  Tents may be placed at the rear of the property and stored away in a timely manner. 

TRASH CONTAINERS--Except for the night before and the day of trash pick-up, trash containers should be maintained at the rear house line or in the garage. Although trash receptacles are normally to be stored inside, a fenced "carousel" concealing receptacles may be constructed out of materials that relate to the exterior of the house.  Receptacles should not be seen from the street or side neighbor.  Those containers stored at side or rear of the house must be concealed from road and neighbors view by landscaping or structure.  These designs must have ACC approval using the Approval Process. 

TREE HOUSES/SWING SETS--Tree houses will be considered.  They must have ACC approval using the Approval Process procedure.  They must blend with the environment and of sturdy construction.  Swing sets need to be of pretreated wood design and of sturdy construction.  They must have ACC approval using the Approval Process procedure.   

WINDOWS--All windows added, removed, or replaced from a house must be approved by the ACC using  the Approval Process.  Windows added or replaced should be similar to the existing windows in the Pennington Hill's Subdivision.  Storm windows are not permissible.  

WINDOW PLANTERS--Permanent window planters must enhance the appearance in the front or back of the house and must have the ACC approval using the Approval Process.   Homeowners are responsible for the proper maintenance of these planters.

 WOOD PILES--These are permitted when located at the rear of the house line and have a minimum visual impact from the street or neighbors view.  Tarps covering woodpiles and the like are permitted only when the woodpile is completely screened from view.  The tarps are to be of earth tone colors.

YARD MAINTENANCE EQUIPMENT--All yard equipment (i.e. Mowers, tools, hoses etc.) must be stored inside or to rear of house line.  The exceptions are hoses where the faucet is at side of house.  These hoses maybe stored by the faucet when concealed by landscaping.  It is the responsibility of the homeowner to maintain his/her yard.  This includes but is not limited to mowing, trimming, edging, weeding and the removal of such debris from sidewalks, driveway and street/gutters immediately.

The ACC is not limited to this list. 

All Standards (Design and General) will be upheld by the ACC and the Board.  Failure to comply will result in action by the board. 

GENERAL STANDARDS 

GENERAL STRUCTURAL GUIDELINES FOR BUILDINGS:

1.  It is recommended that the color match the siding of the house on the said Lot.

2.  It is recommended that the roof match the type and color of the house on the said Lot.

3.  It is recommended that the structure not be visible from the road in front of the said house.

4.  It is recommended that landscaping plans accompany the said project.

5.  It is recommended that electrical, telephone etc. lines be run underground to said structure

Note:  Exceptions will be viewed on a case-by-case basis.

All structures must meet county codes.  It is the responsibility of the homeowner to inquire about these codes through the county. 

SWING SET CONSTRUCTION

1.  It is recommended that the swing set be pretreated wood.

Note:  Exceptions will be viewed on a case-by-case basis.

 FENCES

1.  It is recommended that the fence be constructed of pretreated wood, with the horizontal support boards to the inside only

2.  The fence type may be solid, scalped, picket style or shadow box.

3.  It is recommended that the fence be reasonable height for privacy but not to infringe upon others view.

4.  The set back allowance for the fence is to be no closer than the back corner of the house on said Lot.

Note:  Exceptions will be viewed on a case-by-case basis.

ANIMALS

1.  In accordance with Cobb County Law, all animals shall be leashed or in fenced yards.

2.  When walking your animal, the animal shall be leashed and supervised by a responsible individual.  
Such individual shall be responsible for the immediate clean up of all pet litter.

3.  Excessive loud noise (i.e. barking, howling, crying) of said animal will be a violation.