Table of Contents

• Plan Submission
• Dumpsters
• Fences & Walls
• Lawn Ornaments
• Mailboxes
• Painting & Staining
• Parking
• Signs
• Planting Screens
• Roofing
• Satellite Dishes
• Siding & Shutters
• Windows & Doors
• Solar Collectors
• Fireplace Wood
• Driveways
• Out buildings
• Landscaping
• Lawn Maintenance
• Swimming Pools
• Unsafe & Unsightly
  

Architectural Control Committee

1. AUTHORITY – The Architectural Control Committee (ACC) is given its authority by the Chimney Springs Declaration of Covenants, Restrictions and Easements, as amended ("Declaration"). The Design Standards are formulated by the ACC, and are in addition to the requirements and provisions of the Declaration.
2. PURPOSE – The purpose of the ACC is to assure that any improvement, installation, construction or alteration of any Structure on any Lot; the maintenance of Structures and Lots; the landscaping/hardscaping of any Lot; and all other provisions of the Declaration and the Design Standards shall be in accordance with the Declaration, shall be in conformity and harmony with the standards of the neighborhood, and with the Standards established by the ACC. Interior alterations are not subject to ACC approval.

3. SUBMISSION OF PLANS AND SPECIFICATIONS – During the design stage of a proposed improvement, the ACC Plan Approval Form must be submitted by the Property Owner(s) to the Homeowners’ Association Office during normal office hours. Forms are available in the Association Office or online here at the Chimney Springs website. NO IMPROVEMENTS SHALL BEGIN BEFORE ACC APPROVAL HAS BEEN GRANTED IN WRITING.

   In addition to the Approval Form, additional documentation should be provided, including, without being limited to: site location drawings, photographs or drawings of planned Structures, material or color samples, landscape planting plans, or any other data to convey the necessary information. Incomplete information or documentation will result in rejection of the application. Completed forms and documents will be kept on file in the Homeowners’ Office as a permanent record.

   The Declaration provides the ACC thirty (30) days for review. The review shall be in writing on the official form and shall contain any recommendations, changes or conditions. A copy of the form will be returned to the Property Owner indicating the decision of the ACC. ACC approval does not relieve the Property Owner of responsibility for compliance with applicable codes, zoning and other governmental requirements. (See Declaration.)

4. RIGHT OF ENFORCEMENT – THE ASSOCIATION HAS THE LEGAL AUTHORITY, AS ESTABLISHED IN ARTICLES V AND VIII OF THE DECLARATION, TO ENFORCE THE DESIGN STANDARDS, INCLUDING THE RIGHT OF ABATEMENT.
5. AMENDMENT – The Design Standards may be amended from time to time by a majority vote of the members of the ACC.

Design Standards

1. DEFINITIONS – The terms as defined in Article I of the Declaration shall apply to the Design Standards. The ACC will categorize and define all other improvements and related terms. The decision of the ACC in these matters is final.
2. VIOLATIONS of Design Standards 3 through 25 will be resolved on an individual basis and decisions of the ACC are final.
3. CONSTRUCTION CONTROLS are the responsibility of the Property Owner. This includes, but is not limited to, consideration of other homeowners during normal work hours, delivery of work materials and removal of excess materials during and upon completion of construction, erosion (silt ad mud) control, construction signs, containment and removal of trash and debris in a timely manner, and the general appearance of the site.
4. DUMPSTERS AND P.O.D.S. – Dumpsters, or any containers for collection of trash and debris, must be approved by the ACC prior to placement on any Lot, and may be located thereon for a period as approved by the ACC. In any event, no construction debris shall be allowed to accumulate on any Lot.

    

   P.O.D.S. (Portable On Demand Storage) containers are not permitted on any Lot.

5. FENCES/WALLS - No fence or wall of any kind shall be erected on any Lot without the prior written approval of the ACC. Fences/walls of wood, stone or brick are preferred and eligible for approval. Chain link and vinyl fences are expressly prohibited. A split rail fence with welded wire "invisible" mesh attached to the inside may be acceptable at the rear or side of a Lot. Fences or walls shall:

    

   1. Be located in the rear and adjoining of a Lot, never in the front of a Lot;
   2. Compliment the design, texture and color of all Structures on the same Lot;
   3. Be a maximum of 6 feet above grade in height;
   4. Constructed of split rail with wire fencing may be a minimum of one foot inside the property line. All other fences shall be placed or constructed as approved by the ACC;
   5. Not completely block vision, and therefore, shall not be placed or constructed within fifteen (15) feet of any property line unless approved by the ACC;
   6. Include planting screens and landscaping as an integral component, if required by the ACC; and
   7. Not attract attention as distinct architectural elements.
6. LAWN ORNAMENTS such as, but not limited to, flamingos, birdbaths, concrete statues, benches, ceramic animals, trellises, and other decorative objects must be approved by the ACC.
7. LIGHTING – Industrial-looking and intrusive glaring exterior lights are prohibited. All decorative outdoor lighting must be approved by the ACC. Only decorative lights mounted on black poles will be considered. Said lights may not be placed further forward than fifteen (15) feet from the front of the house. Holiday/seasonal decorative lighting located on Property shall be removed no later than 14 days after said holiday.
8. MAILBOXES – A standard mailbox and post design has been adopted for the entire community. Other types of mailbox assemblies are NOT permitted. Each Homeowner must maintain, in good condition, the box and stand. ACC involvement is not required to replace the standard mailbox assemblies. Mailbox posts are NOT to be painted or stained. The mailbox itself must be plain black, and size T-2 (10-7/8"h x 8-1/2"w x 20-1/4"d). Only one mailbox/post per Lot is allowed. The current United States Postal Service guideline for installation is that the bottom of the mailbox must be 42-48 inches from the ground.
9. PAINTING AND STAINING

    

   1. Prior approval is required for any painting or staining of exterior surfaces, even if the intent is to duplicate the existing colors.
   2. Color chips for all proposed colors must accompany all paint approval forms. All paint should be a matte or semi-gloss finish.
   3. A maximum of three (3) colors may be used on any one house, one for siding, one for window trim and one for shutters/front door.
   4. The color of the roof and any other materials, such as brick or stone, must be considered when selecting house colors.
   5. On contemporary houses, the trim around windows and doors should be the body color or a slightly lighter or darker shade of the body color. The trim around the garage door should match the garage door. A contrasting color may be used on the front door.
   6. Garage doors should not be the focal point of a house; therefore, when garage doors are front facing on a house with all brick or all stone façade, garage doors and garage door trim should match the window trim. All other garage doors and garage door trim should be painted to match the color of the siding.
   7. Trim around the front door should match the window trim.
   8. Cornice and fascia may be either the siding color or the trim color.
   9. Gutters and downspouts should closely match the color of the background material. In the case of brick or stone background, downspouts may match either the gutter color or the brick/stone color.
   10. All corner boards, horizontal bands and foundations should match the siding color of the house.
   11. If a basketball backboard is attached to the house, it must be painted the same color as the material behind it.
10. PARKING – Commercial vehicles, school buses, RV’s, campers, trailers, boats and other watercraft are expressly prohibited from being parked on a Lot visible from the street or common area. Private automobiles shall be parked on the Homeowner’s paved area of property. On-street parking is not allowed except for short-term visitors for parties, etc., subject to the current traffic laws of the county. Exposed storage and parking of vehicles on non-paved areas is expressly prohibited. In addition, and in accordance with Cobb County zoning laws, no vehicle or trailer of any kind dismantled, inoperative or without a current vehicle tag may be stored on any street or residential property, unless stored in a garage.

11. SIGNS - The following language is intended to enhance and clarify Section 6.08(a)(iii) of the Covenants:

    1. Directional signs for a real estate open house or garage/yard sale may be placed at street intersections, excluding Common Property locations, and shall be on free- standing metal or wood stakes, and are not allowed to be attached to any portion of street signs or stop signs. Person(s) placing any signs shall be responsible for any damage caused.
    2. Signs may be installed only on the day of an event and must be removed within one hour after completion of said event.
    3. Signs not in compliance with this Standard shall be removed.

12. PLANTING SCREENS are required to hide objects visible from the street such as, but not limited to, transformers, trash containers, woodpiles, and other objects as required by the ACC. Planting screens shall:

    1. Be composed of species approved by the ACC;
    2. Be installed at a minimum height of two (2) feet, with an expected three year height not to exceed five (5) to six (6) feet; and
    3. Be spaced at a density that will create an effective year-round visual screen.
13. ROOFING – All roof replacements must be approved by the ACC. Only brown, black, brown/black and gray/black roof materials are acceptable. A sample of the proposed roof material must be included with the Submittal Form. All roof stacks and flashing must be painted to blend with roof colors.

14. SATELLITE DISHES exceeding 39 inches shall not be installed on any Lot.

15. SIDING AND SHUTTERS – All siding and shutter replacement material must be submitted for approval by the ACC.
16. REPLACEMENT WINDOWS AND DOORS – Silver-finished aluminum doors (including sliding doors) and windows shall not be approved. A factory painted or anodized finish aluminum or vinyl may be used, the color of which shall be specified in the plans and specifications submitted to the ACC for approval, and shall be subject to the color guidelines.
17. SOLAR COLLECTORS – Solar collectors may be allowed provided they resemble skylights in appearance and are not visible from the street or common area. ACC approval is required.
18. WOOD for fireplaces shall be neatly stacked and not visible from the street.
19. DRIVEWAYS AND PULL-OFF AREAS – Driveways shall be constructed with concrete. Colored and/or patterned concrete is prohibited. Any repairs to driveways and/or additions of parking areas shall be constructed of the same material and shall be of the same level as the existing driveway. The ACC may consider other hard surface materials when plans and specifications are submitted for approval.

20. OUT BUILDINGS AND PRE-FABRICATED OR FACTORY BUILT STRUCTURES:

    1. Freestanding structures must be approved by the ACC. Said structures shall not exceed the height of a one-story building, shall not be larger than 8’ x 10’, or a total of 80 square feet. ll freestanding buildings shall be located on the rear of the Lot, and shall not be visible from the street. If necessary, in the opinion of the ACC, said structures may require a landscape plan for screening purposes, and shall be painted to match the siding of the house on said Lot. Metal buildings are prohibited.
    2. Prefabricated or factory built structures shall not be permitted within the Chimney Springs subdivision, and such manufactured units shall not be employed as elements in the construction of residential Structures affixed to real property within the subdivision except by express written consent of the ACC.
21. LANDSCAPING - A written landscape plan must be submitted to the ACC prior to any major changes in the current landscape layout. This plan should include a drawing to show location, variety and size of all plant materials, as well as location and description of all "hardscape" items such as walls, rocks, fountains, statuary and so forth. Plans for landscape lighting must be submitted for approval. The plan must be completed within the time frame agreed to by the ACC, but no later than six (6) months after the approval date. Any landscaping improvements shall not alter drainage of water onto neighboring properties or common property.
22. TREES – In keeping with the unique wooded nature of the community, and to maintain the visual harmony and preservation of trees in accordance with Covenant 6.06, the ACC requires that any tree removal request be accompanied by a landscape plan showing replacement material(s). When the ACC has approved trees to be removed, stumps in front yards or visible from the street or common property, must be ground down to the level of the surrounding soil. When trees are removed, the ACC may require replacement of such trees with the same or alternate species.
23. LAWN AND LANDSCAPE MAINTENANCE – The Homeowner shall perform lawn and landscape maintenance in a timely manner. This should include cutting of grass (more frequently during growing seasons) as well as edging along the driveway, curb and sidewalk (if applicable), weeding, seedling removal, and prompt removal of dead landscape material. Fallen leaves in front yards shall be removed periodically. Grass shall be reseeded and shrubbery trimmed if needed in the opinion of the ACC. Vegetable gardens should be located at the rear of the Lot, and if necessary, screened so as not to be visible from the street.
24. SWIMMING POOLS AND SPAS – Plans for swimming pools or spa installation must be submitted to the ACC for approval. Said plans should include, but not be limited to, location, materials, lighting, fencing, and landscaping. No above ground swimming pools are permitted.
25. UNSIGHTLY OR UNSAFE CONDITIONS – Defined as situations not covered specifically by other sections that harm the beauty, safety, consistency and visual harmony of Chimney Springs. The ACC will be the sole judge of whether or not a situation falls into this category. Each case will be resolved as required by the ACC on an individual basis. Examples include, but are not limited to; dog runs on lines or ropes visible from the street or common area, and maintenance of shrubs at intersections.