ACC Rules

PALEFACE RANCH HOME OWNERS ASSOCIATION, INC.
ARCHITECTURAL CONTROL COMMITTEE

ARCHITECTURAL CONTROL COMMITTEE
RULES

JUNE 18, 2007

I. INTRODUCTION

Each and every lot in the Paleface Ranch subdivision is subject to the requirements of the Covenants, Conditions and Restrictions for the Paleface Ranch subdivision (the “CCRs”) as set forth in the “Declaration” creating the Paleface Ranch subdivision. The CCRs require organization and operation of an Architectural Control Committee (“ACC”) and authorize the ACC to adopt these ACC rules. These ACC rules, which also have been approved by the PRAI Board of Directors, are intended to carry out the purpose and intent of the provisions of the CCRs. Any conflict between these rules and any provision of the CCRs shall be resolved in favor of the CCRs.

II. ARCHITECTURAL CONTROL COMMITTEE STRUCTURE AND PROCEDURES

1.     The ACC consists of three (3) members appointed by the Paleface Ranch Association (“PFRA”) Board of Directors. The ACC includes a Chairman. Signatures of two ACC members are required to approve a Development Plan.

2.     The ACC meets as required to consider submitted Development Plans and such other matters deemed necessary.

III. DEVELOPMENT PLAN REQUIRED FOR DWELLING UNIT

A Development Plan is required for the construction of a dwelling unit and must include:

1.     a topographic survey,
2.     a site plan,
3.     construction plans and specifications for each Dwelling Unit or Additional Dwelling Unit,
4.     a stakeout on the Lot of all improvements to be made, and
5.     the additional documents described below.

THE DEVELOPMENT PLAN WILL BE RETURNED WITHOUT REVIEW BY THE ACC IF ANY OF THE ABOVE REQUIREMENTS ARE NOT INCLUDED.

The ACC shall consider the Development Plan and render a decision as to whether the Development Plan conforms to the CCRs and these ACC rules. The ACC shall render its decision as time permits but no later than fourteen (14) days after submission. If the ACC disapproves the Development Plan it shall notify the lot owner submitting the Development Plan, setting forth the reasons for disapproval, but need not offer alternative designs for the proposed improvement. The decision will be final and conclusive. No Improvements on the lot are allowed until the ACC approves the Development Plan.

The ACC’s primary consideration in reviewing the Development Plan shall be the direct effect of the proposed action on the health, safety and quiet enjoyment of their property by the other Owners, especially adjoining Lot Owners. The ACC may also consider the effect of any proposed action on property values within the Subdivision.

After final approval of the Development Plan by the ACC, no exterior changes of alterations may be made to any portion of the proposed Development without first submitting proposed revisions to the Development Plan to the ACC, such proposed changes clearly set forth to the ACC. The lot owner, or his builder, must keep an approved set of construction plans and specifications on the job site at all times until construction is completed.

Upon failure of the owner or builder to comply with any of the provisions stated with the Paleface Ranch Deed Restrictions or the ACC Rules, the PRAI Board of Directors may require the lot owner to stop construction until such time as the violation has been rectified. If a lot owner should fail to remedy the violation as directed by the PRAI Board, any security deposit may be foreited.

A. SITE PLAN

The site plan shall be drawn to a scale of one inch equals ten feet and shall contain the following:

1.     Actual shape, location and dimensions of the lot, showing the lot number, section, street number and an arrow pointing north, bench mark elevations for each one hundred (100) feet, and a list of finished floor and roof ridge elevations, related to benchmark.

2.     An indication as to how the lot will be landscaped in the area between the street and the Dwelling Unit.

3.     Location and dimensions of easements and setback requirements as defined in the subdivision plats, restrictive covenants and applicable ordinances.

4.     The shape, size and location of all buildings, including roof overhang, or other structures to be erected, altered or moved and of any buildings or other structures already on the lot must show the dimensions from the nearest point of the foundation or roof overhang to all lot lines.

5.     The site plan shall include detailed plans for driveway and parking apron property dimensions and showing all property lines and street lines.

6.     Location and dimensions of all components of all private sewage facilities located on the lot shall have a minimum distance of ten (10) feet from water lines and five (5) feet from property lines and that shall also comply with LCRA or Travis County sewage facility requirements pertaining the lot.

B. CONSTRUCTION PLANS AND SPECIFICATIONS

The construction plans shall be drawn to scale and shall contain the following:

1.     Scaled floor plan of each floor and basement, if any, for each building.

2.     Plans of all attached decks, terraces, porches, covered walkways, attached garage and all other structures.

3.     Plan shall provide the total square footage of both (1) and (2) above.

4.     Exterior Elevations

(a)     All exterior elevations

(b)     Dimensions and overhang

(c)     Finished flow elevations of each flow and the maximum elevation of the roof ridge, all related to the elevation bench mark shall be established for the approved height elevation. Elevation of the bench mark shall be established as one hundred (100.0) feet.

5.     Structural Section

(a)     Cross section or typical wall construction details.

(b)     Engineered scale: plan of foundations must be submitted along with pertinent sections of typical beams, footing, girders, etc., with complete reinforcing steel detail.

C. ADDITIONAL DEVELOPMENT PLAN DOCUMENTATION SUBMISSION REQUIREMENTS

The following additional documents must be presented to the ACC with the Development Plan:

1.     A showing that all PFRA dues have been paid.

2.     Evidence that the proposed Sewage Facility for the lot has been approved by the responsible governmental entity, i.e., the Lower Colorado River Authority or Travis County, depending upon which entity has jurisdiction of the lot.

D. FEES AND SECURITY DEPOSIT

1.     For new construction a $75.00 building application fee is required at the time the Development Plan is submitted for approval. The ACC may waive this fee for supplemental Development Plans for minor construction or landscaping.

2.     A security deposit of $2,000 will be required from the lot owner or builder with the submission of a Development Plan for a dwelling unit. The security deposit is an incentive to guarantee that all Improvements will be completed in conformance with the Development Plan and with the CCRs. The security deposit will be refunded upon completion of the proposed structure(s) within the specified time limit according to the Development Plan and in conformance with CCRs if no CCR or ACC rule violation has occurred and/or is then occurring. A certificate of conformance with the CCRs and ACC rules must be approved by the ACC prior to a refund. If infractions occur during the construction phase, non-conformance levies may be assessed by the ACC against the security deposit. The Lot Owner may appeal the non-conformance levies against the security deposit to the Board of Directors, with the Board of Directors making a final determination on whether such non-conformance levies stand. The Security Deposit shall be held in a trust account.

E. SUPPLEMENTAL DEVELOPMENT PLAN REQUIRED FOR CONSTRUCTION OF GARAGES OR EXTERNAL ALTERATIONS TO DWELLING UNIT(S)

1.     A Supplemental Development Plan is required prior to commencement of alterations, repairs, excavations or other work which in any way alters the exterior appearance of a previously constructed Dwelling Unit or Garage from an improved state existing on the date a Lot was first conveyed to the current Owner or on the date prior work is completed under a previously approved Development Plan. A Supplemental Development Plan is also required prior to construction of a new Garage that was not the subject of a prior Development Plan.

2.     The Supplemental Development Plan shall show by way of plans any new construction, any remodeling of existing structures, and any addition to existing structures clearly showing existing structure(s) and the proposed construction. All new exterior surfaces of walls shall be specified as to material and color.

3.     The Supplemental Development Plan shall include a site plan drawn to scale of one (1) inch equals ten (10) feet shall show existing structures and proposed additions located on the lot be dimensions to lot property lines. All easements and setbacks shall also be shown.

4.     The ACC may, but need not require, a Security Deposit for the work to be performed according to the Supplemental Development Plan.

IV. CONSTRUCTION REQUIREMENTS

A. STREETS, DRIVEWAYS, AND PARKING APRON REQUIREMENTS

1.     Where required for drainage of surface water, a culvert of a size approved by the ACC and in accordance with Travis County requirements shall be installed before a parking apron or access driveway of any type, temporary or permanent, is constructed to a street right-of-way.

2.     No existing pavement in a street may be cut or overlaid. Driveways may not encroach upon right-of-way in front of adjoining property. For up slope driveways where this is not practical, drainage grates will be installed across the width of the driveway of sufficient size to divert water runoff into the street drainage ditch.

3.     Damage to any street resulting from construction of a parking apron or access driveway shall be repaired by the Builder or lot owner to at least the same condition as it was before the construction was done.

B. SANITARY FACILITIES

Prior to the start of construction, each building site must contain a portable chemical toilet and a trash container. These must remain on the site until construction is complete. Trash must be placed in the trash containers daily and the container empties when full. The site must be kept clean, and building material, paper and bags may not be placed on or allowed to blow onto other property.

C. RESPONSIBILITY TO ARCHITECTURAL CONTROL COMMITTEE

1.     The lot owner or the builder shall notify the ACC when work is first commenced (clearing) on a building site, giving proper identification, address and a phone number where they may be reached at all times.

2.     The lot owner shall be held responsible for any cost incurred in the enforcement of the CCRs and/or ACC rules by the Paleface Ranch Association.

D. SITE CLEANLINESS AND ACCESS

1.     During the period of construction, the premises of the building shall be kept in as orderly and neat (free of trash and debris) condition as possible, utilizing approved trash receptacles, and will be subject to periodic inspections by a representative of the Committee. Also, it is the responsibility of the builder to see that roads and streets adjoining the building site are maintained free of any debris (wood scraps, gravel, trash, rock, concrete and mud) if such debris originated from the property on which he is building. Concrete shall not be discharged into ditches or onto other lots or onto streets.

2.     No equipment or materials may be stored or housed on lots of property adjoining the building site, nor may trespass be made through said lots or adjoining property to obtain ingress or egress to or from the building site without specific written permission from the owners of those lots.

3.     Once construction commences, the dwelling unit and/or garage exterior must be complete within six (6) months.

E. PLUMBING AND SEWAGE

1.     All structures shall have completed and approved plumbing and sewage installations before occupancy.

2.     The owner will install a septic tank provided such septic tank and attached drain fields are acceptable and meet the requirements of the Lower Colorado River Authority or Travis County, as applicable.

F. DRAINAGE

1.     Surface water must drain from or through the site and be channeled into drainage easements or natural drainage channels without flooding or damaging property of others. Silt fences should be installed to prevent dirt and construction debris from leaving the lot.

2.     Drainage structures under private driveways shall have a net drainage opening area of sufficient size, in the opinion of the ACC, to permit free flow of water without backwater.

V. SOME IMPORTANT RESTRICTIONS TO REMEMBER (SEE CCRs FOR ALL RESTRICTIONS)

A. STRUCTURE RELATED RESTRICTIONS

1.     Each Lot in the Subdivision is limited exclusively to single family residences. No Lot shall be improved with more than one (1) Dwelling Unit and one (1) attached or detached Additional Dwelling Unit. No building or structure of any kind shall be erected prior to the erection of a Dwelling Unit.

2.     If multiple lots are combined into one lot for construction of a dwelling unit, the lots that are combined shall thereafter be considered as one lot. Once one or more lots are combined, they may not later be separated.

3.     No house trailers, mobile homes, campers, tents, shacks, or similar structures shall be erected, moved or placed upon said premises.

4.     No structure on any lot shall be constructed or placed on “stilts”, pilings, piers, etc., unless the “stilts”, pilings, piers, etc. are enclosed with walls of continuity of design with the principal structure or by approved lattice work.

5.     Unsightly accumulation of tools, machines, boxes, trash, or construction materials shall not be exposed to public view on any lot, except during construction.

6.     Driveways or parking aprons must meet the restrictions for material and be a minimum of 12′ in width and a culvert at the street of required that meets Travis County specifications.

7.     No propane or other tank used for the storage of gases or liquids for fuel be placed on a lot within the subdivision unless they are architecturally concealed from view from the street and from adjacent lots, provided however that this restriction does not apply to one ordinary sized fuel tank for a residential outdoor grill.

8.     Under no circumstances shall the owner of any lot or land remove the natural soil or grasses from a lot unless the owner immediately thereafter, constructs or paves, gravels, or replaces such disturbed areas with ground cover.

9.     Residence size shall be in accordance with the requirements of the CCR.

10.   No lot may have direct access to a public road. Ingress and egress for all lots shall be by way of subdivision streets and roads.

11.   Lot set backs must be obeyed.

B. REAL ESTATE SIGNS

1.     No more than one (16″ x 14″) real estate sign per lot will be allowed for the purpose of renting or selling property.

2.     No flags or other markings are allowed for the purpose of advertising real estate.

C. TRUCK WEIGHT RESTRICTIONS

Trucks entering the subdivision must be of such a construct so as to not damage the subdivision roads. It is the responsibility of the lot owner and his/her contractor to ensure that no damage to subdivision roads is caused by construction traffic.

D. DAMAGES TO ROADS/NEIGHBORING LOTS

Please advise your builder and suppliers not to damage the neighborhood roads. Should any damage occur to the roads for failure to obey truck weight restrictions, the lot owner will be held responsible for cost(s) for damages to PRAI for repairs. PRAI also urges that you advise your builder and suppliers to respect your neighboring lot owners and to use care not to trespass on neighboring lots. Be a good neighbor.

VI. OTHER IMPORTANT CONSIDERATIONS

1.     A flood plain management permit must be obtained from LCRA and provided with each plan set presented to the ACC.

Glen Taylor, Chairman ACC
James Brown, ACC
Bill Paschall, ACC

Request for ACC Approval of Improvement Construction

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