Architectural and Landscape Guidelines

The Protective Covenants contain design review authority and broad, general objectives of the community association to protect our property values and integrity of the subdivision.

The Design Guidelines, which may be modified from time to time, have been developed to supplement and amplify the Covenants. The Guidelines serve two purposes:

To assist the homeowner, both in designing the proposed improvement and in determining how to apply for approval;
To provide criteria for consistent decisions by the current and future Architectural Control Committee.

OVERALL GOAL

The overall goal of the Protective Covenants and Design Guidelines is to keep Bright Water an attractive and desirable place in which to live.

ARCHITECTURAL CONTROL COMMITTEE (ACC)

The Architectural Control Committee (ACC) is appointed by the Board of Directors and reports directly to the Board of Directors. The Committee is to provide assistance in establishing and enforcing community standards in the realm of the association’s architectural scheme.

Goals – The goal of the Committee is to preserve the established aesthetic qualities of the community and the quality of living in the community.

Organization – The Committee Chair will be appointed by the Board of Directors. The Committee shall nominate from its membership a secretary. The secretary, or acting secretary, shall record the minutes of all Architectural Control Committee meetings.

Responsibilities –

Be cognizant of the overall architectural plan of the community.
Protect community standards through architectural control as directed by the Covenants. Periodically review standards and guidelines for adequacy and application.
Monitor member compliance with standards and guidelines and provide enforcement procedure recommendations to the Board of Directors.
Be alert to architectural problems and covenant violations reported by members and seek a solution to these problems.
Review all plans for improvement on the common area and elements with respect to their impact on the aesthetic quality of the community.
Review all member ACC modification plans. Make recommendation to the Board of Directors for approval or denial of modification requests that are outside of the architectural standards and guidelines, with respect to their impact on the aesthetic quality of the community.
Provide recommendations to the Board of Directors to improve the ACC’s modification process.
Maintain Association property listing.
Maintain a membership roster and minutes.

APPLICATION INFORMATION

The following exterior additions, improvements or modifications do not require a Change Request Form to be submitted provided certain conditions are met;

Patios (Guideline 1)

Exterior Lighting and Flag Poles (Guideline 2)

Garden Plots (Guideline 3)

Play Equipment (Guideline 4)

Children’s Wading Pools (Guideline 6)

Ornamental Trees and Shrubbery (Guideline 8)

Repainting with the same color (Guideline 11)

A completed form must be submitted through the Architectural Control Committee for all other types of modifications. The verbal approval of any sales agent, developer, builder, or association representative is NOT sufficient. All approvals must be in writing. When plans are required, they must be submitted with the form. A form is attached to these guidelines. Additional forms are available from the Architectural Control Committee and will be added on the Bright Water web site.
The ACC ordinarily meets once a month, except when a holiday postpones a meeting. Owners generally will receive a response to their request within five days after the meeting at which the request is scheduled.
Decisions of the ACC can be appealed to the Board.

ARCHITECTURAL CONTROL COMMITTEE ENFORCEMENT PROCEDURES

Apparent covenant violations – as reported by any source – must be submitted in writing to the ACC to be referred for appropriate action.
If the ACC cannot resolve a violation, the matter will be referred to the Board of Directors who will send a letter requesting compliance and/or submissions for approval.
If necessary, follow-up correspondence requesting immediate action will be sent. Possible sanctions include:

(i) Suspension of the right to vote;

(ii) Suspension of the right to use the recreational facilities and common areas;

(iii) Recordation of notice of committee violation with the appropriate court;

(iv) Imposition of a fine on a per violation and/or per day basis;

(v) Correction of the violation by the association with all costs charged to the violator;

(vi) Filing a lien for all fines, attorney’s fees and costs to correct the violation.

TIMELINESS OF WORK

All work approved by the ACC shall be completed within three months of the approval date, unless otherwise approved. Members should submit a time-line of the work scheduled.

ALL REQUIRED PERMITS

All homeowner Modification Request Forms that involve construction or alteration of a structure that requires a building permit from Gwinnett County will be reviewed for compliance with the design guidelines by the ACC based only on the Architectural Control Committee Design Guidelines, not the permitting requirements of Gwinnett County and any State or Federal governing agency.
It is the responsibility of the homeowner to confirm if a building permit is required by Gwinnett County for the requested structure. The ACC and the Board of Directors do not have the authority or the ability to inform homeowners if Gwinnett County requires a building permit.
The homeowner is fully responsible for obtaining the necessary permits as required by the governmental agencies having jurisdiction over the proposed improvement. The homeowner is solely responsible for compliance with the codes and ordinances of the governmental agencies having jurisdiction over the construction.
The ACC and the Board of Directors shall not be held responsible for any modification or alteration constructed by or on the behalf of homeowners who do not obtain the proper permits. This is regardless of whether the structure is approved by the ACC, as the Committee makes decisions based solely on the Design Guidelines.

GUIDELINE NUMBER 1: PATIOS AND WALKWAYS

Submission of a form for a patio is not required if:

(i) The patio does not extend beyond the sidelines of the house and does not extend to within ten (10) feet of the side property lines; and

(ii) The patio does not exceed six (6) inches above ground level at any point;and

(ii) The existing drainage patterns are not altered in a manner that adversely impacts any adjacent properties and the drainage of the patio is directed to the homeowner’s own property and properly dispersed.

2. Submission of a form for a walkway is not required if the walkway is located in the rear yard and:

(i) Is no closer than ten (10) feet from the side property lines; and

(ii) The walkway does not exceed four (4) inches above ground level at any point; and

(ii) If the existing drainage patterns are not altered in a manner that adversely impacts any adjacent properties and the drainage of the sidewalk is directed to the homeowner’s own property and properly dispersed; and

(iii) If the width of the sidewalk does not exceed 4’-0”.

GUIDELINE NUMBER 2: EXTERIOR APPEARANCE, DECORATIVE OBJECTS, FRONT PORCH FLOWER POTS, LIGHTING, HOUSE NUMBERS, ETC.

Exterior Appearance

General

The exterior appearance of your property is the primary purpose of the Design Guidelines. In making your selections, please consider the following:

1. A form must be submitted if you are repainting and considering any color change. Please review the other houses around you and select colors different from the house next door or across the street. See Guideline Number 11.

2. Window treatments that are visible to the street should be made to blend with the exterior by using a white or off-white liner so that the vibrant colors or patterns you select for the interior don’t clash with your exterior colors.

3. A form must be submitted for all exterior DECORATIVE objects, both natural and manmade (live plants and live flowers in pots excluded). Exterior DECORATIVE objects include items such as bird baths, birdhouses, wagon wheels, sculptures, statues, fountains, pools, antennas, free-standing poles of all types, flag poles, gazing balls and yard art and items attached to approved structures and visible from any Bright Water street.

4. Except as provided below, a form must be submitted for all exterior lights or light fixtures not included as part of the original structure. However, a form is not required for landscape lights that meet the following criteria:

(i) Light fixture does not exceed twelve (12) inches in height; and

(ii) The number of light fixtures does not exceed ten (10); and

(iii) All fixtures do not exceed 20 watts rating (low voltage lighting), should be white or clear, non-glare, and shall be directed towards the homeowner’s house and landscaping only.

5. A form is not required to be submitted for a single flag pole staff attached to the portion of a house to display the official state flag of Georgia or the official flag of the United States of America. Such flags may not exceed 3 x 5 FT in size. These poles may also be used for the temporary display of flags related to schools, colleges, universities, or flags such as might be used for holiday seasons. Temporary flag displays are limited to three (3) days in duration.

6. Front doors and entry area decorations must be tasteful and in keeping with the style and colors of the house. Live plants and live flowers in pots must always be neat and healthy. Neatly maintained front porch flower pots that match color-containing evergreens/flowers do not require submission of a form.

7. Objects will be evaluated on criteria such as location, proportions, color and appropriateness to the surrounding environment.

8. House numbers may be only displayed on the mailbox.

GUIDELINE NUMBER 3: GARDEN PLOTS

1. A form must be submitted for garden plots unless all of the following conditions are met:

(i) The plot is located behind the rear line of the house and ten (10) feet from the side property line; and

(ii) The plantings are in keeping with the general horticultural appearance of the community; and

(iii) The plot must be properly maintained per the community standards; and

(iv) The plot does not alter the existing drainage patterns in a manner that adversely impacts any adjoining property.

2. All garden plots must be located behind the rear line of the house. All other proposed locations will be considered on an individual basis when a form is submitted.

3. Garden plots are planting areas or beds that contain anything other than ornamental plants, such as vegetables, herbs, peanuts, watermelons and the like. Seasonal plants to heights of six (6) feet or more in growth need a form submitted.

GUIDELINE NUMBER 4: PLAY EQUIPMENT, PLAY HOUSES, AND TREE HOUSES

1. A form is not required to be submitted for play equipment if the play equipment is located:

(i) In the rear yard; and

(ii) Within the extended sidelines of the house, with the placement in the middle 1/3 of rear; and

(iii) Within the screened fenced area of the house, if yard is fenced; and

(iv) Such that it will have a minimum visual impact on adjacent properties; and

(v) The play equipment does not alter the existing drainage patterns in a manner that adversely impacts any adjoining property.

2. Metal play equipment, other than trampolines, is NOT permitted, exclusive of wearing surfaces (slide poles, climbing rungs, swing seats, etc.), which are required to blend into the surrounding environment (earth tone colors comparable to dark green or brown). Bright colors in general are not allowed. Play equipment should be of natural materials and colors. All colors should be natural earth tones such as dark green, tans and browns. All play equipment, play houses and tree houses must be properly maintained.

3. A baseball backstop or similar item is not play equipment and must comply with the fence guidelines.

4. A form must be submitted for all play houses and tree houses.

5. Playhouses and tree houses must be located where they will have a minimum visual impact on adjacent properties. In most cases, material used must match existing materials of the house and the playhouse or tree house is not to exceed sixty four (64) square feet.

6. Appropriate evergreen landscaping should be used to screen around the playhouse.

7. Playhouses and tree houses will not be permitted in common areas.

GUIDELINE NUMBER 5: BASKETBALL GOALS

1. Basketball goals on individual lots are discouraged due to the proximity of houses in the community and the potential for disturbing the peaceful enjoyment of neighbors. In-ground basketball goals are permitted on a conditional basis. A form must be submitted and will be considered if all of the following requirements are met:

(i) All new backboards will be clear only;

(ii) The post is painted black;

(iii) A drawing accompanies the form showing the proposed location.

2. Owner must maintain the appearance of the pole and goal at all times.

3. If freestanding or portable, one rectangular guideline on the backboard is permissible. Basketball backboards shall not exhibit any other image then the target box.

4. No goals may be attached to the exterior of the house, deck, etc.

GUIDELINE NUMBER 6: PRIVATE POOLS and LANDSCAPE PONDS

1. A form is not required to be submitted for children’s portable wading pools (those that can be emptied at night) that do not exceed eighteen (18) inches in depth and whose surface area does not exceed thirty-six (36) square feet.

2. Aboveground pools are prohibited.

3. A form must be submitted for ALL in-ground pools and ponds:

(i) All forms for a pool addition shall be submitted with a drawing of the property that accurately depicts the location of the house, property lines, building setbacks, decks, easements and any other elements that may restrict the location of the proposed pool. The drawing shall be prepared to a scale of 1”= 10’. The drawing shall dimensionally depict the proposed location of the pool and pool deck, pool equipment and any other related improvements. The proposed drainage plan shall be clearly indicated including all existing drainage conditions. All proposed materials and colors should be indicated on the drawing. The drawing shall indicate the location and type of silt fence to be installed and maintained during construction. Existing trees and other landscaping that are to be removed to accommodate the proposed pool improvements shall be marked with ribbon for review by the ACC prior to removal.

(ii) The appearance and detailing of all retaining walls must be consistent with the architectural character of the house. Retaining walls shall not exceed 4’-0” in height. All retaining walls shall be located a minimum of 3’-0” clear of any property line to allow for drainage and the maintenance of the wall. Some terracing may be acceptable.

(iii) Privacy fencing for lots with pools and spas must comply with the fence guidelines.

(iv) Maximum pool area is eight hundred (800) square feet.

(v) Glaring light sources, which can be seen from neighboring lots, shall not be used.

(vi) The pool area shall be enhanced with landscaping and all pool equipment shall be screened with evergreen landscaping.

(vii)Pool equipment shall be located a minimum of 15’-0” from any adjacent property and shall be behind the rear plane of the house.

(viii) Dirt excavated shall not be stored on the lot longer than one week. All stored excavated dirt shall be immediately covered with straw to prevent erosion.

(ix) A construction timetable is required, including a completion date.

4. A form must be submitted for exterior hot tubs, and hot tubs must be screened from adjacent properties.

5. A form must be submitted for proposed ponds. Ponds shall comply with the following:

(i) All submittals for proposed ponds shall include a drawing, including all related improvements, clearly indicating the location of the pond with respect to the main house and all property lines and proposed grading if applicable.

(ii) The recommended location shall be in the middle third of the rear yard. Ponds shall not be located in the front or side yards.

(iii) Pond designs are restricted to natural settings and are required to blend with the natural features of the land. Ponds shall not be higher than the adjacent land other than natural border stones. Monumental and decorative ponds are not permitted.

(iv) The total area of ponds including all water surfaces shall not exceed 80 square feet.

(v) All ponds shall include the oxygenation of water and water movement to prevent the growth of mosquitoes. Ponds shall be maintained and shall not consist of any areas of stagnant water.

GUIDELINE NUMBER 7: FENCES

1. The original design concept of the Bright Water Community promotes a feeling of open space; therefore fencing is not generally encouraged. A form must be submitted for ALL fencing.

2. Chain link fences are prohibited. No wire fences, chicken wire, or welded wire fences are permitted.

3. No double fencing is permitted.

4. All forms must include the following information:

(i) Picture or drawing of fence type. Permissible fence types are privacy fence picket style with boards touching, inclusive of privacy shadow – box styles, picket, metal iron (no scallops) split rail where the split rail matches the rail fence at the entrance, when used exclusively for decoration (on approval) with no wire attached and of the size and color listed below.

(ii) Dimensions:

a. The height shall not exceed five (5) feet, with the exception that fencing around the perimeter of the Bright Water property shall not exceed six (6) feet. Perimeter fencing shall match the existing perimeter fencing in color, design, height, and materials.

b. The maximum span between posts shall be ten (10) feet. Fences are permitted to have spires as part of the wood post.

c. The minimum post size shall be 4”x 4”.

d. Crossbeams shall consist of either two 2”x 6” rails or three 2”x 4” rails per section as a minimum; two 2”x 8” rails or three 2”x 6” rails are also acceptable. Crossbeam structure must face inside towards the yard.

(iii) Color: The color shall be natural or stained a natural wood color. Painting of fences is not permitted.

(iv) Site Plan: A site plan drawing denoting the location of the fence must accompany the form. Fences shall not be located closer to any street than

the rear edge of the home except for the following conditions that will be considered on a case by case basis:

a. On corner lots, the fence shall not be closer to any street than the building line of the adjacent lot(s).

b. If the “rear” door of a house (basement, crawl space, or main level) or the air conditioner unit(s) is on the side of the house within six (6) feet of the “rear” of the house, fence construction will be allowed to begin at the door or the air conditioner unit(s) so that the door or air conditioner unit(s) is within the fenced-in area.

5. Dog Runs are not permitted.

6. Each homeowner must maintain the fences located on his/her respective property regardless of origin of construction or location. Double fencing is not permitted.

7. Illustrations of the approved fencing are available from the ACC. Before selecting the desired fence style refer to these guidelines. If the adjacent properties have installed fencing then the fence design should match the existing fence design.

GUIDELINE NUMBER 8: EXTERIOR LANDSCAPING AND MAINTENANCE

1. A form is not required to be submitted for ornamental trees and shrubbery provided that all of the following guidelines are met.

(i) Tree plantings (row or cluster styles) are not permitted from the front line of the house to the street. In the case of corner lots, trees (row or cluster style) are not permitted from the front corner of the house on the adjacent lot(s) to the street.

(ii) However, row or cluster tree plantings are permitted from the front corner of the house to the rear corner of the property line. Staggered tree planting is preferred over rows. Hardwood trees should be located a minimum of ten (10) feet from property lines. Evergreen trees shall be located a minimum of five (5) feet from adjacent property lines.

July, 2002

DEFINITIONS