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VILLAGES OF BROOKMONT

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ARCHITECT URAL GUIDELINES AND STANDARDS FOR THE ESTATES

OVERVIEW Brookmont Estates is a neighborhood characterized by homes of traditional design and

styling. Our purpose is to provide direction to builders and future residents in the

preparation of building plans for this community. It is the intent of these guidelines to

establish design standards for new homes within Brookmont Estates. It is not the intent

of these guidelines to restrict or inhibit design creativity. Rather, the goal is to achieve

a harmonious and pleasing neighborhood environment through thoughtful exterior

design and the careful planning of exterior materials and colors. The Brookmont

Architectural Control Committee (ACC) reserves the right to change or modify these

guidelines as they deem in the best interest of the community.

Work will be subject to these guidelines, and the authority and approval of the

Architectural Control Committee (ACC). As such, plans must be submitted to the ACC

for approval prior to commencement of any work, including construction grading or the

clearing of a lot.

Failure to comply with any procedure required by the ACC or any provision of these

guidelines is a serious violation and will result in enforcement under the powers of the

Declaration of Restrictive Covenants. Any design element that does not conform to

those guidelines must be specifically noted and requested to be reviewed for possible

approval by the ACC.


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TABLE OF CONTENTS

PG SECTION

4. GENERAL SITE AND PLANNING CONSIDERATIONS

5. SITE PLANNING - GARAGES/DRIVEWAYS SIDEWALKS

FOUNDATIONS RETAINING WALLS SCREENING HVAC EQUIPMENT FENCES POOLS AND SPAS EXTERIOR LIGHTING SECONDARY/AUXILLARY STRUCTURES TENNIS COURTS SATELLITE DISHES AND ANTENNAS MAIL AND NEWSPAPER BOXES AND HOUSE NUMBERS PLAY EQUIPMENT REMODELING AND ADDITIONS

11. ARCHITECTURAL DESIGN -

WALL MATERIALS ROOFS AND ROOFING MATERIALS CEILINGS WINDOWS AND DOORS FRONT STOOPS AND PORCHES DECKS

16. ARCHITECTURAL FEATURES AND DETAILS -

DORMER CONSTRUCTION REQUIREMENTS 19. ACC APPROVAL PROCESS - PRE-CONSTRUCTION APPROVAL LANDSCAPE PLAN APPORVAL HOA INSPECTION SATISFACTION FINAL INSPECTION


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PG SECTION 22. SITE REQUIREMENTS - EROSION AND SILTATION SITE INSPECTIONS CONSTRUCTION TRASH PORTABLE CHEMICAL TOILETS SPEED LIMIT PROPERTY DAMAGE WORKERS DAMAGE TO UTILITIES SIGNS CONSTRUCTION HOURS 26. MISCELLANEOUS MATTERS -

BROOKMONT BUILDER NOTICES

28. RIGHTS AND OBLIGATIONS UNDER ACC - APPEAL OF ACC DECISION LIMITATION OF LIABILITY FAILURE OF THE ACC TO ACT


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GENERAL SITE AND PLANNING CONSIDERATIONS

Careful planning should be given to the placement of homes on a lot. In this regard,

consideration should be given to:

a. Builder will be responsible for ensuring positive flow of drainage. Excess

drainage from new impervious surfaces shall drain into recorded drainage

easements or to the street. Natural surface drainage may continue to drain

across lot lines provided that the run-off is not concentrated, and is not in

excess of previous natural flows, or otherwise causes the erosion of, or

damage to adjoining properties. Each builder shall be responsible for the

proper grading and drainage of his lot.

b. Any lot that has a cut or fill that is steeper than a 3:1 slope must be planted with

ground cover to secure the slope; the laying of pine straw or mulch in this area

is not an ACC acceptable application. In addition, all swales must have sod or

a permanent ground cover.

c. The location of existing or proposed features such as catch basins,

manholes, transformers, easements, etc.

d. The vertical and lateral placement of the home relative to grading, loss of

trees and privacy.

e. Builder will be responsible for implementing the Brookmont Estates street tree

program.

f. Sidewalk locations.

g. Builder is responsible for “The Estates” standard mailboxes.


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SITE PLANNING GARAGES/DRIVEWAYS

a. Every home shall have an enclosed garage for not less than three (3) vehicles.

Garage openings may not face the street unless approved in writing by the ACC;

and such approval will be given by the ACC only where particular hardship would

otherwise result because of lot size, configuration, topography, or other

circumstances deemed sufficient by the ACC.

b. Courtyard entries will be reviewed on a lot by lot basis and require additional

architectural details.

c. Garages doors should be a minimum of 9' 0" wide x 7' 0" high, or by plan.

Special design consideration shall be given to ensure that the garage becomes

an integral part of, and blends with the home's architectural motif. All homes

must incorporate three (3) garage bays, two and one allowed.

d. The garage door openings must be detailed with decorative surrounds, brick

arches or other detail approved by the ACC.

e. Garage doors must be of an overhead sectional type with raised panels and/or

carriage style trim with appropriate hardware. All garage doors are to be painted

to match the trim color of the home. Doors may be constructed of wood,

hardboard or metal.

f. Driveways on side entry garages are preferred to be a minimum of 28' unless

otherwise approved by the ACC. A landscape buffer as specified, but not less

than 18" in width shall be maintained between the edge of driveways and

property lines.

g. Driveways should be constructed with a minimum of lightly brushed concrete with

a smooth troweled edge and, at the street, an eighteen-inch (18") concrete band

around an apron consisting of a minimum material of stamped, colored concrete,

or stone or brick pavers to blend with the house material.


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SIDEWALKS

All streets throughout the community will have sidewalks on both sides of the street. The

sidewalks located on the main street of the community will require eight-foot (8') wide

sidewalks on both sides of the street. All others will require five-foot (5') wide sidewalks

on both sides of the street. Sidewalk elevation should be ½" higher than curb elevation.

Sidewalks on each building site will be installed by The Estates builder(s). Two feet (2')

of space between curb and sidewalk is required to allow for mailbox installation.

FOUNDATIONS

All foundations must be poured wall construction with a minimum of nine-foot (9') height.

Slab-on-grade foundations generally are not permitted except for garages, patios and

unheated porches.

RETAINING WALLS All retaining walls exceeding 3' 0" in height from finish grade must be shown on the site

plan and approved prior to construction. All retaining walls located within the front building

line shall require prior ACC approval relative to height, materials and location on the

property. Treated timbers shall not be used within the front or side setback line, or

otherwise when deemed visible from the street. Creosote railroad ties are not permitted.

Retaining walls located near property lines must be of an approved material provided that

the wall can be satisfactorily screened with landscape material. If modular block is used, it

must be of rough texture. Permitted colors are buff, beige, tan or custom color to match

house, grey will not be permitted. Railings (per Douglas County code), on top of retaining

walls are to be constructed of wrought iron or aluminum or 2 x 2 pickets, unless otherwise

approved by the ACC. Walls 3' or higher which attach to the residence must utilize the

same materials as the wall that they adjoin.

The builder who disrupts an existing grade, either by cutting or filling, shall be responsible

for the construction and cost of any required walls if the grade differential cannot be

graded satisfactorily.


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SCREENING

All visible air conditioning units shall be screened with landscaping unless specifically

approved otherwise. Electric/gas meters are required to be painted to match the house.

Play structures and similar recreational equipment shall be placed at the rear of the home

and be properly screened from adjacent lots with approved landscape material.

Basketball goals must be permanent in ground black poles and backboards must be

clear. The preferred location is facing the street at the rear of the driveway. Alternate

locations will be considered on a lot by lot basis. Portable goals are not permitted.

Exposed satellite dishes shall be located within the rear portion of the home, preferably

not visible from the street and properly screened.

HVAC EQUIPMENT No air conditioning, heating equipment, or apparatus shall be installed in front of, or

attached to any front wall or located where visible from a side street. Additionally, air

conditioning, heating equipment, and apparatus must be screened from view from

streets and from the Club Facilities by landscape improvements.

FENCES

Fences should be considered an extension of the architecture of the residence and the

transition of the architectural mass to the natural areas of the site.

All fences must be designed to be compatible with the total surrounding area and not

block views of natural areas. Fences should be considered design elements to enclose

and define private spaces such as courtyards, pools, provide security and relate the

building forms to the landscape areas. All fence detail, materials, dimensions and

locations must be approved by the ACC prior to installation. Fences must be decorative

metal. Fences on highly visible lots may require additional landscaping based on site

conditions. The minimum height of fences is 5 feet. No chain link or welded wire fencing

will be permitted within the community.


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POOLS AND SPAS

The size, shape and setting of pools must be carefully designed to achieve a feeling of

compatibility with the surrounding environment. The location of swimming pools, therapy

pools, and spas should consider the following:

1. Indoor/outdoor relationships

2. Setbacks

3. Views, both to and from the pool area

4. Wind and sun

5. Terrain (grading and excavation)

6. Fencing and privacy screening

No pools are allowed within the building setback areas. Pool decks may encroach into

the setback area if at or within 2 feet of grade and no closer than 10 feet to any property

line.

Pool and equipment enclosures must be architecturally related to the residence and

other structures in their placement, mass and detail as well as screening or treated so as

not to distract adjoining property owners because of noise or view.

No above ground pools permitted.

EXTERIOR LIGHTING

Exterior lighting fixtures must be approved by the ACC as part of the Building Plan

Submittal and must be of a quality style and proportion appropriate to the design of the

home Utility light fixtures (flood lights) are only permitted when attached to the soffit at

the eaves line and will only be permitted on the rear of the home and on sides if behind

front corner of house. Landscape lighting must be low key and the light source screened

with plant material and light wattage be maximum of 20 watts. No colored lights shall be

used on any portion of a lot except decorative, ornamental and holiday lighting, which will

be permitted during the holiday seasons. From the week of Thanksgiving through

January 31st. Halloween décor should be removed by November 7th.


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SECONDARY/AUXILIARY STRUCTURES

Free-standing secondary structures that complement the primary residence such as a

pool house, cabana, greenhouse, potting shed, etc. are required to conform in style,

detail, materials, and methods of construction with the primary residence and must be

approved by the ACC prior to construction and/or installation.

TENNIS COURTS

Tennis courts are not permitted on individual lots within Brookmont.

SATELLITE DISHES AND ANTENNAS

Only one satellite or microwave dish may be installed within the rear yard of a lot,

provided such satellite or microwave dish does not exceed eighteen inches (18") in

diameter and is screened from view with landscaping. The location and screening of the

satellite or microwave dish must be approved in writing by the ACC prior to installation.

Solar panels must be approved in writing by the ACC.

MAIL AND NEWSPAPER BOXES: HOUSE NUMBERS

All mailboxes are to be of standard color, size and design as approved by the ACC and

must be installed only in a location approved by the ACC. A standard mailbox and

decorative post will be installed on each lot (at The Villages of Brookmont builder's

expense) when Homeowner takes occupancy of the residence. No newspaper boxes

may be attached to the mailbox. House numbers will be displayed on standard

mailboxes and may be displayed on houses only as approved by the ACC. No house

numbers may be displayed on the curb.

PLAY EQUIPMENT

Swing sets and similar outdoor play structures, equipment and $ports equipment must

be located in the rear yard within the designated areas where they will have a minimum

impact on adjacent lots and where they will be screened from the general public view.


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All structures require ACC approval and landscaping screening.

No hammocks, animal houses or cages, play or recreational equipment, sports

equipment including basketball goals, may be placed, erected or allowed to be

maintained upon the front or side yard of any lot except with written ACC approval.

All trampoline, basketball goals, and swing set locations must be approved by the ACC prior to installation.

If a minor request for modification and/or addition (i.e. swing set) is submitted as part of

the Landscape Plan prior to closing, there will be no additional charge for ACC review.

If a minor request for modification and/or addition is submitted AFTER closing, additional charges will apply. ACC reserves the right to determine when additional charges apply to a submittal.

As set forth in the Covenants, the ACC may hereafter create and establish an

Architectural Changes Committee to review and approve Building Plans, Landscape

Plans, and other submittals for all renovations, changes or additions to existing

improvements on lots.

REMODELING AND ADDITIONS

Remodeling of, or additions to the exterior of a house require written approval from the

ACC just as it is for new construction.


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ARCHITECTURAL DESIGN

EXTERIOR COLOR AND MATERIALS

Exterior materials shall be brick, stucco, stone, cedar shake (six-inch (6") exposure with

straight pattern is preferred), concrete siding, real wood or HARDIEPLANK® siding

(with a five inch (5") maximum exposure), or other material approved by the ACC. If

approved by the ACC, the horizontal siding used must be fully back-supported to

maintain a straight and even outer surface and must be fully and properly finished.

Natural weathering of exterior wood materials is not permitted. Any imitation stone or

rock submittal (i.e. chimney chases) will require a cut sheet or sample board with

submittal. The builder is required to submit an exterior color application form for each lot

detailing material and color being used for the home. The builder must provide a sample

or photo with the application. Finishes for each home will be approved on a case-by-

case basis so that homes near each other use different material, colors, and finishes.

Exterior materials are approved for aesthetic value only.

Special consideration shall be given to placement of homes and their respective

elevations and colors in relation to each other

WALL MATERIALS

Acceptable finish wall materials will include, but not be limited to; face brick veneers, or

hard coat stucco finishes, wood or other approved horizontal siding, natural stone

preferred veneers and painted or stained cedar shingles (natural wood or

HARDIEPLANK®). Combinations of compatible materials are encouraged to add

interest and a variety of colors and textures.

Unacceptable materials would include, but not be limited to, exposed concrete or

concrete block, and sheet plywood or hardboard sheet siding materials.

The Estates will be required to have all four sides masonry (Brick, Stone, Shake, or combination thereof.) Jumbo or utility brick shall not be permitted. All fenestration to

exterior (doors, windows) openings must employ detailing including, but not limited to: jack


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arches, lintels, surrounds (i.e., stucco 3 sides), pediments, other, or per approved plan. 1x4 w/ back band is required on all sides of homes, except rear, in Brookmont Estates unless otherwise approved by the ACC.

All masonry clad homes must employ horizontal relief through means of belt courses,

water tables, or other approved transitions. Other masonry details such as quoins,

pilasters, etc..., are considered appropriate and will be encouraged.

Exterior front elevations utilizing siding materials will be required to provide brick or

stone veneer water tables on the exposed foundation face of all elevations. Special

attention to detail such as corner boards, skirt boards I aprons, drip caps, frieze boards,

etc. will also be required with the use of siding material applications.

***Chimneys located on the front or side elevations shall be veneered with brick, stone,

stucco, or other approved material. (siding shall not be permitted, unless otherwise

approved by the ACC). All homes will have the chimney to extend to grade where the

chimney is located on the front or side of the home. Chimneys may be cantilevered

where they are located at the rear of the house if they are killed within the deck only.

Chimney’s cannot be cantilevered on the outside of the deck.***

When stone veneers are used on the front elevation, the veneer will be required to

continue around the side of the house to an inside corner for The Estates homes.

ALL MATERIAL CHANGES MUST OCCUR ON THE INSIDE CORNER.

Mechanical vents, plumbing vents and other wall penetrations must be painted to match

the wall color. Direct vent fireplaces "Shroud" on the side of the house must be

appropriately detailed and fenestrated, including being painted.

ROOFS AND ROOFING MATERIALS

All roof pitches visible from the street should be a minimum of 10:12 unless specifically

approved otherwise. Shed roofs not visible from the street may be a minimum of 4:12.

Flat roofs shall not be permitted unless specifically approved otherwise. ACC acceptable

roof materials shall include fiberglass reinforced asphalt composition Architectural


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Shingles. Other materials will not be permitted unless specifically approved otherwise.

Roof eaves shall project a minimum of 12" from the exterior cladding unless approved

otherwise. Soffits shall be finished with an approved material (vinyl is not an approved

material). Exposed structural framing at the eaves is not permitted.

Painted galvanized roofing and copper roofing may be used over architectural elements

such as bays, porches and porticos. All cornice returns will be Queen Anne style.

Mechanical and plumbing vents and other roof penetrations must be located behind

ridge lines facing the street. All metallic and plastic roof vents shall be painted. Paint color is preferred to match the roof; however, black is ACC acceptable. Vents visible from the street shall not be permitted.

Skylights are permitted only if they are flat, glazed and curbed and do not appear on the

front or side elevation or are visible from the street, corners, entry corner.

CEILINGS

Interior ceiling heights in dwellings constructed on lots are required to be a minimum of nine

feet (9' 0") on the first floor and a minimum of nine feet (9' 0") on all other floors including

basements.

WINDOWS AND DOORS

Windows and doors should be made of wood or vinyl-clad or aluminum-clad wood.

Glazing must be clear. No tinted glazing is permitted. For solar consideration, "low E"

glazing may be used. The use of True Divided Light (TDL) grilles are preferred on all

street elevations. If TDL grilles are not used, Simulated Divided Light (SDL) grilles will be

required and should be the same type and style all around the house.

ALL WINDOW GRILLES MUST MATCH THE TRIM OF THE HOUSE.

Window grilles are required in all windows except decorative leaded glass windows and

should be a minimum of seven-eighths (7/8'). Use of any other window grilles must be

specifically approved by the ACC. The use of Grilles Between Glass (GBG) windows will


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not be allowed in Brookmont.

Windows shall be traditional in design such as double hung or casement type and be

provided with divided lights or decorative grilles. Sliding windows and awning type windows

are not permitted. The use of decorative windows, radius windows, etc., is encouraged.

Windows should incorporate shutters, surrounds or other approved detail. If shutters are

used, operable wood shutters with the appropriately designed and detailed hardware is

required. Proportion of the shutters shall be in relation to window size (minimum 16").

Window screens are not permitted. Window or wall-type air conditioners are not

permitted.

Unless specifically waived in writing by the ACC, all windows and doors must have head

detail or soldier course jack arches, wood pediments or other approved decorative

treatment. Jack arches are to be of a material compatible with exterior elevation material

(i.e. brick, stone, or stucco). Brick jack arches should be a minimum of four courses high

with keystones at a five-course minimum height. A running brick band may not be used

in place of the decorative treatment shall abut any frieze board.

Any type of sun-filtering film applied to windows must be approved prior to installation.

Generally, window film is not allowed on front windows or windows deemed highly visible

from the street. An exception to this would be "low-e glass".

Corbels/brackets will be required on all cantilevers and bays.

Bay windows may be cantilevered at the sides and rear only of the home and are subject to

approved detail at the base of the bay window projections.

Exterior doors must be traditional in design and with glass. Doors should be made of

wood or vinyl-clad or aluminum-clad wood. Metal doors may be used on entries except

front door at the discretion of the ACC. Double sidelights are encouraged. Flush doors on

entry doors with a single sidelight will not be permitted.

Door and window fenestration must be a minimum of 1 x 4 with a backhand for all elevations in “THE ESTATES”. Standard 2" brick mold with minimum of 4" stucco trim at


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top and sides will be considered for stucco houses on front elevations and highly visible

elevations as listed above or by plan.

FRONT STOOPS AND PORCHES Front stoops and porches shall be finished with a material compatible to the finished

materials on the building. ACC acceptable materials will include face brick, stone, slate

architectural cast concrete with ACC acceptable apron or border detail and limestone.

Stucco may be used on the face of stoops, provided it is in keeping with architectural

standards, but will not be permitted as a walking surface.

Porches are to have a minimum width of 6' (clear), or by plan, unless otherwise

approved by the ACC. Porches should blend with the style and material of the home.

Masonry porches will be required at the front door. In such a case, the steps must be

either of brick or stone construction. Wood steps will not be permitted, unless

specifically submitted and approved. Concrete block shall not be used for either a street

facing stoop or steps.

Exposed concrete, exposed concrete masonry, and raised wood platforms and steps will

not be permitted.

DECKS

Wood posts less than 12' off ground must be a minimum of 6" x 6". Wood posts more

than 12' off ground must be a minimum of 8” x 8”. Any other material must be submitted

and approved on a case by case basis. Wood decks are allowed but must be stained

with solid stain and should blend with the style and material of the home. Wooden lattice

installation underneath decks are discouraged; however, some lattice screen may be

allowed as determined by the ACC on a case-by-case basis.

All deck posts, railings, and facia are to be painted or stained to match the trim.


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ARCHITECTURAL FEATURES AND DETAIL

All chimneys on the front and side elevations shall extend to grade. On the rear elevations, the chimney may terminate into a permanent deck. Non-masonry chimney caps shall be terminated with a decorative sheet metal shroud to conceal the metal flue and shall be painted. Chimneys projecting through the roof and visible from the street shall be finished with stucco unless otherwise approved by the ACC.

All bay window projections facing the street, and exceeding a horizontal projection of twelve inches shall extend to finish grade unless approved otherwise by the ACC. Bays should never be constructed of masonry above the first finished floor elevation. Projections less than twelve inches will be permitted conditionally subject to the final design treatment of the projection. The use of corbels, brackets, ledges, trim etc., is required to terminate all projections. When bay windows are stacked in a two-story configuration, all blank panels between all blank facets should be articulated. DORMER CONSTRUCTION REQUIREMENTS

Dormers by nature should be considered an extension or addition to the overall massing

of structure. Therefore, they shall be understated in massing and scale. Special

attention must be paid to size and proportion of the dormer in relation to the rest of the

house. The "less is more" philosophy shall be used in design and construction.

• Dormer overhang (s) maximum 6".

• Dormer width recommended: Single windows 4’ 0" / Twin windows 7' 0"

• "Light and Feathery" in appearance is preferred.

• Overhangs, cornice assembly, rakes and eaves should be minimized where

possible.

• Dormer roofing - hips, gables, sheds may be asphalt shingles. Barrel

dormers must be roofed with anodized metal or painted galvanized metal.

• No gutters / downspouts at dormers or bays.

• Turn studs sideways at dormer sides (framing) if desired to minimize width

vs. height proportions.

• No "pork chop" returns on dormers.

• No masonry materials on dormers. Wood is the recommended and preferred

material for side detail (tongue and groove to match slope of roof) when

applicable. Stucco home may require stucco recess on dormer.


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Brick or Stone water tables will be required on all four sides in ALL homes.

Fascia boards shall be a minimum of 1 x 8. Rake boards shall be a minimum of 1 x 6

with rake molding or other approved trim on the face of the board. No vinyl soffits,

fascia’s, friezes or cladding is permitted.

Frieze boards beneath the eaves shall be a minimum of 1 x 8 with 4" crown molding,

dentil blocks or other approved trim on street facing elevations and highly visible

elevations (i.e., corners and entry corners. Dentil board shall not be permitted. Frieze

boards on gable ends on street facing elevations and elevations deemed highly visible,

shall be a minimum of 1 x 8 with 3" minimum crown molding, or other approved trim.

Particular attention to overall cornice (bottom of soffit) height should allow for adequate

detail at fenestration. Knee wall details may be required to allow for ample wall

space between top of window header detail (i.e., jack arch, pediment, lintel, etc.) and

bottom of frieze board. Raise roof heights/ cornice(s) as required.


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Roof Framing - Cornice and Returns

• No exposed eaves

• No abbreviated eaves

• "Greek" returns are recommended

• No "Pork Chop" soffit returns are permitted, unless otherwise approved

APPROVED NOT APPROVED

.. ., FRAMING [141]

Five inch "Ogee" gutters and downspouts shall be required on all homes.

Gable shall be "Queen Anne" returns with copper, anodized metal or painted galvanized

closures (caps). Copper ½" round gutters are acceptable when architecturally appropriate,

but are not required. Other return styles may be approved if consistent with a particular

architectural style and approved by the ACC.

Driveways and front walks shall be curvilinear in design.

Adherence to the Brookmont street program I sidewalk plan will be required.

ROOFS·


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ACC APPROVAL PROCESS

PRE-CONSTRUCTION APPROVAL

1. Before the builder closes on the lots, please call the builder coordinator to schedule

a lot walk through with ACC and complete a Lot Acceptance form. This enables the

builder to verify the property pins, easements and structures, review curb

conditions and existing drainage conditions, etc.

2. Submit a complete house package per lot for ACC approval to the sales center

no later than one week prior to the ACC meeting held every other Wednesday.

The sales agents will review your plans and the builder coordinator will call you

to schedule an appointment. The complete package must include 2 copies of

the following:

• All four elevations of the house plan, ¼" = 1' 0" Scale

• Exterior Colors (form provided). Please provide samples.

3. The landscape Architect will review the lot and from the first-floor elevation plan, a

site plan will be generated. The site plan will take into account the lot's

topography, locate significant trees, and pinpoint unique site characteristics and

find the best possible site for the house. Site plans will be 1" = 20' scale and show

the following:

• Existing topo/proposed street grades/proposed 2' contours - based on

overall preliminary grading plan.

• Proposed house location w/finish floor/basement grades

labeled.

• Proposed clearing limits

• Driveway

• Any sub walls/retaining walls shown

• All setbacks, utility easements and drainage easements

4. The ACC may not approve the building plans on the initial submittal. In that case,

the plans will be marked "revise and resubmit" accompanied by a written


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statement of what needs to be revised and returned to the builder. If the floor plan

changes, a revised site plan will be generated reflecting the changes. This process

will continue until the building plans are submitted for a final review and marked

"approved as noted, return clean copy to sales center".

5. Once building plan is approved, the builder must clearly stake the proposed house

box corners and run orange fencing along the tree save areas and individual tree

specimens. Please call the builder coordinator to schedule a final appointment with

the Landscape Architect for final approval.

6. Construction can begin ONLY when both plans (building plans and site plans)

have been signed off as APPROVED. No clearing or grading is to begin until approval has been granted by ACC

NOTE: Final site clearing approval must be given prior to clearing or grading. Final architectural plan approval must be given prior to construction of the home. Any builder who begins clearing or grading, commences construction, implements colors, changes colors or implements a landscape plan prior to approval will be fined $500.00 per occurrence.

LANDSCAPE PLAN APPROVAL

For landscape review submit 2 copies of planting plan and plant list 2 weeks prior to

installation indicating the specific lot. Plans will be reviewed and approved. If Landscape

is installed prior to approval there will be a $500.00 fine

HOA INSPECTION SATISFACTION

The HOA will record a notice of non-satisfaction of Final Inspection against all lots, prior

to closing. Such notice shall be removed only at such time that the owner has satisfied

all requirements of final ACC inspections and any associated fines.


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FINAL INSPECTI ON

Certificates of compliance will be issued on all homes prior to closing. Final inspections

are in two parts: 1) Home inspection, 2) Landscape inspection. When all items required

by the ACC have been complete The Builder must request a final inspection by emailing

the inspection request form to the community manager at

[email protected]. Final inspection should be

requested 15 days prior to closing. If there are outstanding items still to be completed

15 days prior to closing, please request the final inspection so that we can get a check list

of the outstanding items prior to closing. This check list will allow the purchaser to be

aware of what will be required by the ACC and that follow up inspections will be done after

closing. If you have not requested a final inspection prior to closing the ACC will

automatically issue a notice on NON-Compliance.

The cost of any additional follow-up visits by the ACC architect costs $150.00 per visit and

will be invoiced to the builder.


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SITE REQUIREMENTS

EROSION & SILTATION Each lot will have the following requirements: 3-foot Silt Fence, trenched in and wrapping all

four corners of the lot. Hay bales should be utilized where necessary. Neighborhoods will be

monitored on a weekly basis.

Gravel pads are to be installed and maintained throughout the construction phase in

compliance with the Erosion Control Guidelines.

If silt fence and gravel pads are not maintained within three (3) work days, ACC will use silt

fence company to implement repairs and builder will be billed directly.

Walk boards are encouraged during all stages of construction for easy ACC access to

your homes. Please keep your homes (interior and exterior) clean to maintain a market

ready image.

Please maintain silt free I gravel free road conditions. Gabions must remain clear of silt

and debris at all times for proper erosion control.


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SITE INSPECTIONS

Weekly site inspections will be conducted to check cleanliness of site (paper trash and

construction debris), silt fence conditions, gravel pads, mud in street, etc. Notices of

action to be taken on a site will be faxed to your office, allowing three (3) work days to

correct the item.

CONSTRUCTION TRASH

All construction debris must be contained in one pile on the lot and hauled off each

Friday, prior to weekend traffic. At least one lidded trash container must be located at all

times inside the residence that is under construction. This will be used for all domestic

refuse such as food scraps, cups, plates, napkins, etc. Trash dumpsters are highly

encouraged.

After three (3) work days from written notice, the ACC shall have the right, without

notice, to clean up any significant amount of dirt, gravel, construction debris, cement,

etc., left on any street/lot not immediately removed by the responsible owner, and

charge the cost of such clean up to the responsible owner.

The burning of construction debris or vegetation is prohibited. Dumping of any kind of trash

on any other lots, including vacant lots, is prohibited.

The ACC reserves the right to dismiss the responsible parties and deny future access to

the community.

PORTABLE CHEMICAL TOILETS

An enclosed and regularly serviced portable chemical toilet must be provided at each

residence under construction and must be located in as inconspicuous a location as

possible.


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SPEED LIMIT

The speed limit within the community is 25 mph for all vehicles. Failure to obey the speed

limit may result in a contractor, subcontractor or service company being denied access to

the community.

PROPERTY DAMAGE

Any damage to streets, curbs, drainage inlets, street lights, street markers, mailboxes

walls, fences, landscaping, etc., may be repaired by the developer and the cost of such

repairs will be billed to the responsible owner.

WORKERS

Only bona fide workers are allowed on the property. Spouses, relatives, friends and

children are allowed only if they are bona fide workers.

DAMAGE TO UTILITIES

In the event any utility line or pipes are cut or damaged, the responsible party must

report this occurrence immediately to the utility company and to the ACC.

SIGNS

The Developer will provide Builder Lot signs. No other signs will be permitted, unless

otherwise approved by the Developer. Building Permit signs must be on separate post

from the builder lot sign.

CONSTRUCTION HOURS

During Daylight Saving Time (March through November), all construction activities must be

conducted and all deliveries must be made between the hours of 6:30 a.m. and

8:00 p.m. Monday through Friday, and 8:00 a.m. until 6:00 p.m. on Saturday. No

construction activities are allowed on Sunday. During Standard Time (November through

March), all construction activities must be conducted and all deliveries must be made

between the hours of 6:30 a.m. and 6:00 p.m. Monday through Friday and 8:00 a.m. until


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6:00 p.m. on Saturday. No construction activities are allowed on Sunday. No deliveries

shall be made or construction activities permitted on Memorial Day, July 4, Labor Day,

Thanksgiving Day, Christmas Day or New Year’s Day or during any special events that may

take place. Any construction activities conducted or access to Brookmont Estates

other than during the forgoing hours must be scheduled with the ACC at least twenty-

four (24) hours in advance. No loud radios or other distracting noise (other than normal

construction noise) are allowed within Brookmont during construction

FAILURE OF THE BROOKMONT ESTATES BUILDER OR CONTRACTOR TO ABIDE BY ANY OF THE ABOVE-MENTIONED RULES MAY RESULT IN THE LOSS OF THE BROOKMONT ESTATES BUILDER'S OR CONTRACTOR'S PRIVILEGE TO ENTER BROOKMONT ON A TEMPORARY OR PERMANENT BASIS.


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MISCELLANEOUS MATTERS

BROOKMONT BUILDER

Only builders in good standing under The Brookmont Builder Program may serve as the

general contractor/builder for the construction of improvements on any lot. To qualify as a

Brookmont Builder, a builder must satisfy certain criteria and requirements established by the

ACC and The Brookmont Builder Program. However, the criteria and requirements established

by the ACC and The Brookmont Builder Program for a builder to qualify as an Estates Builder

are solely for the protection and benefit of the ACC, and are not intended to, and shall not be

construed to benefit any owner or any other party whatsoever. The ACC and The Brookmont

Builder Program makes no representation, express or implied, to any owner or any other party

whatsoever with regard to The Estates builders, including, without limitation, the existence,

nature and extent (including coverage amounts and deductibles) of insurance policies that

may be maintained by The Estates builders from time to time, the solvency or financial status

of The Estates builders from time to time, the nature and amount of any bonds that may be

maintained by The Estates builders from time to time, the performance (or ability to perform) by

The Estates builders of their contractual obligations (including any contractual obligations of

any of The Estates builders in favor of any owner or any other party whatsoever), the

compliance by The Estates builders with building codes and other requirements, rules, laws

and ordinances of federal, state and local governmental and quasi-governmental bodies and

agencies relating to the construction of homes, other activities engaged in by The Estates

builders from time to time, and the compliance by The Estates builders with any licensing

requirements imposed by federal, state and local governmental and quasi-governmental

bodies and agencies from time to time.

Furthermore, neither the ACC nor Brookmont, nor the officers, directors, members, employees,

agents or affiliates of either of them, shall have any responsibilities whatsoever for any sum

that any owner or any other party may deposit with The Brookmont Builder, including,

without limitation, any earnest money or other deposit that any owner may deliver to The

Brookmont Builder. The selection of The Brookmont Builder by an owner shall be

conclusive evidence that such owner is independently satisfied with regard to any and all

concerns such owner may have about The Brookmont Builder's qualifications. Owners

shall not rely on the advice or representations of the ACC, Brookmont, or the officers,


27

)

directors, members, employees, agents or affiliates of either of them in that regard.

NOTICES

Each notice, document or submittal (collectively, "notice") required or permitted to be

given under the Guidelines must be given in compliance with the requirements of this

section.

Each notice shall be in writing.

Any notice to be given to the ACC shall be deemed to have been duly served and to be

effective only when a receipt acknowledging such delivery (such as registered mail,

overnight express service or hand delivery receipt) is signed by a member or authorized

representative of the ACC. The address of the ACC for delivery of notices hereunder

shall be as follows:

Architectural Control Committee

The Brookmont Community Association

Brookmont

5315 Brookhollow Drive

Douglasville, GA 30134

Any notice to be given to an owner shall be deemed to be duly served when picked up by

the owner at the ACC’s office or when delivered to the owner's address by regular

U.S. Mail Service. Delivery is presumed to have occurred on the second (2ND) day

following the deposit of such notice by the ACC in the U.S. Mail. The address of an owner

shall be as set forth in the owner's submittal of Building Plans and Specifications.

Either the ACC or an owner may change its address for notices hereunder by written notice

to the other party designating the new address, such written notice of the changed address

to be given to the other party.


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RIGHTS AND OBLIGATIONS UNDER THE ACC APPEAL OF ACC DECISION

In the event of any dispute arising from the "non-approval" or "conditional approval" of

any submitted item to the ACC, a one-time appeal may be requested by the submitter of

such item to the ACC. An ACC Appeals Board, consisting of at least three (3) persons,

will review and resolve the dispute.

The appealing party must give written notice to the ACC Appeals Board of its intent to

dispute and reasons for the dispute. Written notice must be delivered to the ACC Appeals

Board at the address listed in Section 8.3. All parties shall make a reasonable effort to

resolve the dispute in good faith.

The ACC Appeals Board will render a decision within thirty (30) business days of receipt

of the written notice of dispute. The ACC Appeals Board decision will be final. If the

party fails to abide by the terms of the final decision, the ACC may file proceedings

including, but not limited to, the right to stop any construction activities.

LIMITATION OF LIABILITY The criteria and requirements established by the ACC for builder approval are solely for

the Declarant's protection and benefit and are not intended to provide the owner with any

form of guarantee with respect to any approved builder, including builders from the

"Manor Builder" List. An owner's selection of a builder shall be conclusive evidence that

the owner is independently satisfied with any and all concerns the owner may have about

the builder's qualifications. By acceptance of a deed to real property in Brookmont

Estates, each owner waives any and all claims and rights that the owner has or may have

against the ACC or the Declarant. Review and approval of any application pursuant to

the Guidelines are made on the basis of aesthetic considerations only.

Neither the Declarant nor the ACC shall bear any responsibility for ensuring the

structural integrity or soundness of plans approved, proposed, or prepared by the ACC,

or any other approved construction or modifications, nor for ensuring compliance with

building codes or other governmental requirements.


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FAILURE OF THE ACC TO ACT If the ACC fails to approve or disapprove any Building Plans and other submittals which

conform (and which relate to improvements which will conform) with the requirements of

the Guidelines and of the Declaration or to reject them as being inadequate or

unacceptable within thirty (30) business days after receipt, and provided such submittal

was a full and complete submittal, in accordance with the Guidelines and the

Declaration, of all items that were to have been submitted to the ACC, and provided the

ACC, shall again fail to approve or disapprove of such Building Plans and other submittals

within ten (10) business days after additional written request to act on such items is

delivered to the ACC. It shall be conclusively presumed that the ACC has approved such

conforming Building Plans and other submittals. The ACC has no right or power, either by

action or failure to act, to waive or grant any variances relating to any mandatory

requirements specified in the Guidelines, and the ACC shall not be deemed to have

waived any of the requirements set forth in any provisions of the Guidelines. If Building

Plans or other submittals are not sufficiently complete or are otherwise inadequate, the

ACC may reject them as being inadequate or may approve or disapprove a portion, and

either reject or approve the balance. The ACC is authorized to request the submission of

samples of proposed construction materials.

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