The terms used on this page have the following meanings:
·Association - The Association of Northpointe Crossing HOA, Inc. (Northpointe Crossing)
·Architectural Control Committee (ACC) -The Architectural Control Committee for the Association
·Declaration (Deed Restrictions) - The Declaration of Covenants, Conditions and Restrictions applicable to Northpointe Crossing, as the same may be amended from time to time.
·Final Grading Survey- A document representing the topography, setback lines, easement lines, structures and property extents. This document can be located in your closing documents from purchasing the home or can be requested from Collin County Land Records.
·Guidelines - Rules, standards and procedures adopted by the board of directors pertaining to the buildings, additions, or other improvements in Northpointe Crossing.
·Town Square - The online platform in which the ACC, Board of Directors, Residents and HOA Property Management interact. This platform can be accessed by visiting web page: https://app.townsq.io/
o If you have not registered for access please email the board at: boardofdirectors@npchoa.com
·Northpointe Crossing - All sections of the Association of Northpointe Crossing HOA, Inc. subdivision to which the Declaration applies. This includes Phase 1 through Phase 4.
Overview
The purpose of architectural design review is to keep the community attractive for the enjoyment of residents and the protection of property and property values. The Declaration authorizes the Architectural Control Committee to establish rules, standards and procedures for the orderly development of the subdivision and requires homeowners to obtain written approval from the ACC for any buildings, additions or other exterior improvements to their property. This is to ensure that the improvements comply with the provisions of the Declaration and the ACC Guidelines. The ACC and Board have established these guidelines in accordance with the authority granted to them by the provisions of the Declaration and certain grants made by the Declarant.
These guidelines have been established to assure uniform and fair application of the Declaration and are intended to provide all lot owners in Northpointe Crossing with information about: the type, color, quality of materials which may be used in the construction of various kinds of improvements, the size and locations of such improvements and information about the procedures used by the ACC in reviewing application for proposed improvements. The guidelines are in addition to, not in lieu of, any requirements set forth in the Declaration. In the event of a conflict between these guidelines and the Declaration, the provisions of the Declaration shall control.
The ACC reserves the authority to review and approve applications for buildings, additions or exterior improvements which are not explicitly described by these guidelines, and to consider additional guidelines in the review process whether published or not. These guidelines may be amended by the ACC as it deems necessary or appropriate. The ACC (or the Board, where applicable) shall have the sole and absolute discretion to determine whether a violation of these guidelines has occurred.
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GENERAL SUBMISSION REQUIREMENTS
Before initiating any exterior changes, additions or improvements, an application must be submitted to and approved by the ACC, unless explicitly established as preapproved herein. If the project is considered preapproved all applicable requirements must be followed. All submissions must be made by the owner or legal representative of the owner of the property. Submissions can be submitted electronically through Town Square or in writing by completing the application form currently in use or such form as may hereafter be adopted by the ACC. Plans and specifications for any exterior change, addition or improvement should be attached to the application. All applications, additional information, or requests for appeal shall be submitted electronically through Town Square, mailed or delivered to the office of the managing agent of the Association, not to members of the ACC or Board of Directors.
ELECTRONIC SUBMISSIONS
Currently, the Town Square mobile application does not allow Architectural Review submissions. Please visit https://app.townsq.io/login on a personal computer to submit your application. Tech support is working to resolve this issue in the coming months.
ACC applications can be submitted electronically through the Town Square platform. Once logged into Town Square, please visit the “Architectural Review” section. This should not be mistaken for the “Request” section. Once within the “Architectural Review” section, please click the “Submit” button. Choose a simple project name for referencing the scope of the project and confirm the category. If you have completed a copy of the paper ACC application, you may upload that file, although it is not required. Complete any additional details ensuring that you are being as thorough about the nature, scope, and design of your submission. Once all applicable information has been entered, select “Save”. Your project has been electronically submitted once “Save” has been selected. After you have completed your ACC submission, you can revisit the “Architectural Review” section of Town Square to interact with the submitted application. If additional information is needed for a submitted application, you can select the previously chosen title of the project to add additional comments, upload additional files, or check the status of the project.
GENERAL GUIDANCE
In addition to any requirements contained in Article 3,Section 3.3 of the Declaration, the application must be supported by any of the following information deemed to be applicable by the ACC in its sole and absolute discretion:
·Drawing(s) of the proposed structure showing the top, front, side, and rear exterior views; overall dimensions (length, width, height) for the structure; and the layout and dimensions of supporting structures (e.g. beams, rafters, trusses and etc.)
·A copy of the final grading survey or an official survey of the lot showing location of easements, existing buildings and structures, and the proposed location of the improvement;
a. The closing documents from the purchase of the home contain a copy of a final grading survey. The final grading survey can also be obtained from Collin County Land Records.
·A description of all materials used, including product name, model number, size, color, etc.Color samples (e.g. "Paint chips") for all colors involved must be included
·Photographs are helpful particularly for tree removal applications
·Additional items that may assist the ACC in gaining a better understanding of the project
GENERAL MANDATES
All areas under construction shall be maintained in a clean, safe condition, and debris, trash, and rubble shall be stored in appropriate containers and promptly removed from the Property. Clean-up during construction must occur no less than once per day. Each Owner shall maintain its lot and the residence and other structures thereon in a clean, first class condition. Each owner shall regularly mow grass and maintain the landscaping on its lot in good condition at all times. Each owner shall maintain the exterior of all residences and structures in good condition and shall make such repairs and replacements as necessary to maintain good order and the aesthetic harmony of the property. If any residence or structure is damaged in any way, the owner shall immediately repair such damage or, in the case of substantial damage when the owner does not wish to rebuild, raze the damaged structure or residence and remove the same and leave the surface of the lot in good order. If the repairs will involve the use of different materials, colors, or designs than those existing on the residence or structure prior to repair, advance approval from the ACC shall be required.
CITY PERMITS
It is the responsibility of the property owner to assure all required building permits are acquired from the city. Approval by the ACC does not dissolve the owner from its obligation to obtain any necessary building permits.
ACC DECISIONS
The ACC reserves the right to request additional information deemed by the ACC, in its sole and absolute discretion, to be necessary to properly evaluate the application. If the ACC requests additional information and such information is not submitted to the ACC by the applicant in a timely manner (so that the application may be approved or disapproved within THIRTY (30) days of the initial application submission), the application shall be denied. However, the applicant may thereafter submit a new application with the requested information to the ACC for its review.
ACC members shall consider each application for compliance with the Declaration and with these guidelines. The decision of a majority of members to approve or disapprove an application shall be considered the decision of the ACC. The decision to approve or disapprove an application shall be made by the ACC in its sole and absolute discretion. ACC decisions shall be conveyed in writing by the managing agent of the Association to the applicant and shall include a statement of the conditions under which the application is approved, if any, or the primary reason(s) for disapproving the application.
In accordance with the Declaration, any application that is not approved or disapproved within thirty (30) days of the date of its receipt shall be deemed to have been automatically approved provided, however, that(a.) any such approval shall extend only to architectural guidelines and not to any of the use restrictions set forth in Article 2 of the Declaration and (b.)in no event shall non-action be deemed to constitute approval of an application for any change, addition, or improvement or any other item that would violate the restrictive covenants in the Declaration. Unless otherwise stated in the ACC's written response, all approved exterior changes, additions or improvements shall be completed within nine (9) months of the date construction, installation or erection is commenced. If construction does not commence within three (3) months, the approval shall no longer be effective and must be resubmitted to the ACC for approval.
BOARD OF DIRECTOR APPEALS
If the application is denied by the ACC, the applicant may within thirty (30) days submit an appeal to the Board of Directors. The Board of Directors shall review the appeal at one of its next two (2) meetings following the date upon which the appeal is received and notify the applicant of the Board's decision. All decisions of the Board of Directors shall be final and shall be made by the Board in its sole and absolute discretion.
STATUS OF APPLICATION DURING APPEAL
During the appeal period, the decision of the ACC on the original application shall remain in effect. Failure of the Board of Directors to respond to a request for reconsideration within thirty (30) days of the date of its receipt shall not automatically result in approval of the original application.
Trash containers must not be seen from any street elevation unless they have been placed out for pickup as described below. As of the date of adoption of these guidelines, our trash and recycling pickup days are on Mondays. Per the City of Anna ordinances, containers are to be placed out for pickup no earlier than 6:00pm Sunday night and stored out of sight no later than Wednesday morning. Owners are responsible for complying with applicable city ordinances.
Container Screening Structures
Any screening structure erected for the use of screening the trash/ recycling containers must be approved through the ACC application process.
Changes to Existing Lighting
Replacing the light bulb(s), including the color of illumination, within an existing fixture does not require approval through the ACC application process pending the light bulb does not exceed 100 watt bulb or equivalent. Strobe lights are not allowed with the exception of temporary holiday decorations. Outside lighting which was installed at the time of original construction with the approval of the ACC may be replaced with a new fixture provided that the wattage of the new fixture does not exceed the wattage of the existing fixture or 100 watts and is a design that is harmonious with the adjacent homes within the community. All lighting must not create a nuisance to an adjacent neighbor’s property.
New Lighting
A. Outdoor lighting
All outdoor lighting shall be mounted behind the back plane of the house. No pole mounted outdoor lights (including sodium vapor and mercury vapor) shall be permitted. No outdoor light fixture shall be allowed above the eaves of the house or garage. Exceptions to mounting outdoor lighting behind the back plane of the house and/or allowing outdoor lighting above the eaves of the house or garage may be granted by the ACC in its sole and absolute discretion.
B. Landscape lighting
Exterior landscape lighting may be permitted with the ACC's approval so long as the lighting is located within the flower beds, shrubs, and/or trees.
C. Annoyances
Directional lights or floodlights must be aimed so as not to shine in the windows of neighboring homes or oncoming vehicles.
D. Color
Light fixtures must be black, brown or white depending on the color of the house.
In addition to the requirements set forth in Article 3,Section 3.4(e)(1) of the Declaration, the following rules shall apply to antennae and satellite dishes:
A. Antennae
No exterior radio or television aerial wires or antenna may be installed on any portion of a residence or lot unless they are in compliance with any and all deed restrictions, ACC guidelines and FCC regulations.
B. Large Satellite Dishes
Large (greater than (39) inches in diameter to comply with FCC) satellite dishes may not be installed on any portion of a residence or lot.
C. Small Satellite Dishes
Rain gutter systems shall be considered pre-approved given the following guidelines are followed:
A. The rain gutter system, which includes the gutter and downspouts, must be a single unified color.
B. The color of the rain gutter system must match the color of the exterior soffit system of the structure.
C. Any future approval through the ACC application process which changes the soffit system color will subsequently require the rain gutter system to match that newly approved color.
D. Rain gutter systems must be seamless if visible from the front street elevation.
Exterior security camera(s) systems shall be considered pre-approved, provided the following guidelines are followed:
A. Homes are limited to a maximum of 3 cameras per building line of the home.
B. Homes are limited to a maximum of 10 cameras total on the exterior of the home
C. Any security camera installed must not violate the privacy of any neighbor’s property.
D. Individual camera dimensions must not be any larger than six inches 6”in any direction.
The ACC has pre-approved the following trees to replace dead or dying trees in an existing tree well. This pre-approval means the following trees can be used as a replacement within an existing tree well without requesting permission from the ACC. This pre-approval is only for existing tree wells. If you would like to relocate your tree well you must request approval through the ACC Application process. You can locate information on this approval process within the ACC Guidelines found on the neighborhood website at the link below.
Pre-Approved Trees
Red Oak
Chinquapin Oak
Lacebark Elm
Autumn Maple
Bur Oak
Cedar Elm
Chinese Pistache
Texas Ash
Any deviation from these pre-approved trees is possible, however, it will require submission of an ACC application for proper review and approval by the ACC.
REQUIRED TREES BEING PLANTED IN THE FRONT YARD MUST BE A MINIMUM OF3” CALIPER
IF YOUR REQUIRED TREES ARE NOT 3” CALIPER YOU WILL RECEIVE AVIOLATION
Caliper is defined as the average measurement(diameter) at the breast of the trunk
2-TREE REQUIREMENT / TREE VARIANCE REQUEST: The Northpointe Crossing Board of directors and Northpointe Crossing Architectural Control Committee have been made aware of several homes being cited for the lack of two trees within their front yard. This is a requirement listed within Section 3.8.a of the CCR governing documents, which states the following:
Tree Requirement within Section 3.8.a of Northpointe Crossing’s CCRs
“In addition to complying with City requirements, all lots with a residence thereon shall include at least 2 trees with 3” caliper in the area of the lot between the front property line and the front building line.”
HOA legal counsel has confirmed that homes within the community are NOT considered “grandfathered” even if the original builder did not install the two trees in the front yard as required. We understand this regulation may place an unnecessary burden on homeowners and would like to provide a solution. The best way forward is to request homeowners, who received a violation for a missing tree to submit a NPC Tree Variance Form. These variance forms are considering homeowner concerns such as limited space, existing large trees, and other situations based on the property’s layout. If you have received approval to remove a tree from the front yard through the ACC submission process in the past, this would be accepted in place of this variance.
If you would like to request a variance for Section 3.8.a of the CCRs please find the NPC Tree Variance Form. This form can be found on TownSq in the documents section or on our neighborhood web page under the Architectural Documents section. If you need assistance locating the form, please email our property management team at the address listed above.
Northpointe Crossing Webpage: NPCHOA.com
Tree Wells and Flower Bed Edging Restrictions
A. Must be aligned and maintain an even top plane.
B. May only be twelve inches (12”) at the highest point from the ground.
C. May not be wider than twelve inches (12”) in depth
D. Material must be installed per manufacturer’s instructions
Flower Bed and Tree Well Border Pre-Approval
Flower bed and tree well boarder shall be considered pre-approved given the following guidelines are followed:
A. All pre-approved items must follow the Tree Wells and Flower Bed Edgings restrictions listed above.
B. Pre-Approval allows for minor incidental adjustment of the garden or tree well perimeter pending the overall area is not affected by more than 10% of the original layout.
C. Materials for the edging must be harmonious with the adjacent properties of the community.
Any deviation from these pre-approved guidelines will require submission of an ACC application for proper review by the ACC.
General Expectations and Guidance:
All yards must be cared for on a regular basis. The following landscaping suggestions can help you avoid being cited for a violation by the management company. Owners of rental properties should ensure their residents are notified about courtesy notices to help deter further violations. Please, help educate your tenants about the expectations of their landscaping responsibilities so that we can maintain the beauty of our community.
Landscaping- Landscaping is not only regulated by the HOA but also the city ordinances. For the City of Anna, Article 9.06 of the Code of Ordinances discusses landscaping regulations with subsection 9.06.010 discussing maintenance of the property. This section regulates owners, tenant(s), and/or their agents to be jointly responsible for their property. Expressing that all landscaping shall be maintained in a neat and orderly manner at all times. This includes the following:
1. Mowing (6” height maximum)
2. Edging
3. Pruning
4. Fertilizing
5. Watering
6. Weeding
7. Miscellaneous activities common to the maintenance oflandscaping
1. Mowing- All grass should be maintained to a height no taller than 6 inches. The growth rate of our yards will vary depending on several factors such as; season, watering, fertilizing, and type of grass. Overall, it is the responsibility of the homeowner to ensure the grass is maintained properly, including filling bald patches.
2. Edging- In addition to regular mowing, all yards should be edged around the entire lot to show an even, crisp, and clean grass edge. This edging should be performed between driveways, sidewalks, curbsides, and against structures of your property. Please use the image below as a reference.
3. Pruning- Pruning is the practice involving the selective removal of certain parts of a plant, such as branches, buds, or roots. Currently, most pruning issues within the community are related to the root systems of our trees attempting to grow a new tree. These new sprouts at the base of the tree need to be removed to keep the clean and crisp landscaping appeal. Additionally, branches that are growing out of the trunk of the tree should be pruned to create an established tree trunk. Branches that impede pedestrian or vehicle traffic must be pruned as expressed in the ACC Guidelines. Examples of this are branches that have grown over a sidewalk that force pedestrians to dodge their growth. These branches should be trimmed back in a manner to prevent obstruction of normal travel while maintaining a balanced appeal to the tree growth. While many of our homes have relatively newer landscaping, please cut back the growth of the vegetation that could impede the visibility of vehicles near intersections as they grow larger. Your tree growth should also not create a nuisance on neighboring properties. All shrubs should be pruned to an even and manicured manner, ensuring the address plate on the home is always visible from the street. Please reference the image below for an example of proper tree pruning.
4. Fertilizing- Fertilizing your lawn is not just about providing nutrients to your grass but also helps prevent weed growth. Grass that is fertilized can grow stronger providing a natural defense to disease. Just like humans, grass is a living thing that, with proper nutrition, can protect itself from illness. Fertilizing helps the lawn grow lush and evenly. Some areas of a lawn can suffer from a lack of nutrition which causes sparse and thin growth.
5. Watering- Did you know the term “Fully Irrigated” does NOT mean a home has an in-ground irrigation system. Fully irrigated only requires that a home has access to a water source from both the front and back of the lot. As residents of the hot state of Texas, we all understand the extreme temperatures we endure during the summer. Our landscaping endures this punishment as well, with some areas receiving an entire day of sunshine. Bermuda grass has a high tolerance for dry and hot summers but watering provides a chance for thick green growth. Water is extremely crucial to trees during the first years of growth. This need is due to the lack of an established root system, which extracts water from the soil. After a few years of proper fertilizing, and watering your tree(s) should establish a proper root system. Regardless, please be mindful of water conservation or any applicable water restrictions.
6. Weeding- Weeding is a favorite pastime, said no one. This is likely the most hated burden of all homeowners right next to dusting. Weeding is a constant battle, but with proper steps can become easier throughout the seasons. Understanding when to apply weed prevention and what type of prevention depending on the season is important. Luckily, Calloways Nursery has sponsored our Yard of the Month program throughout the year. This sponsorship also provided us with a month-to-month guide of when and what to apply. This guide can be referenced on the last page of this announcement. It is also posted on our neighborhood website in the Yard of the Month section. The installation of barrier fabric in both the garden beds and tree wells is a great addition to assist in slowing weeds. Whether you have mulch or landscaping rocks, a barrier fabric will help prevent weeds and slow the growth of unwanted grass growth in these areas.
7. Miscellaneous:
a. Tree Wells- A tree well is the area around the base of the tree usually circular in shape. This area is generally filled with mulch or small accent plants if present. It is recommended that trees have tree wells around the entire tree, mulched, free of weeds and grass growth. The wells should be properly built to give the tree growing room and space for watering. If installing mulch in a tree well, it is recommended to keep the mulch away from the trunk of the tree by a few inches. Tree wells are not required in our neighborhood but if they are present they must be kept clear of weed and grass growth. Below are some examples of a proper tree well and some common mistakes made.
b. Tree Ties: Some trees are leaning and need to be properly straightened with tree ties to prevent the tree from incorrectly rooting. If your tree is already rooted at a severe angle, it is likely that it will not straighten upright and may need to be replanted. Proper tree ties are loosely tied to provide a guide. If a tree tie is too tight it will dig into the tree and cause growing issues or even possibly kill the tree. Tree ties should be installed in a manner that is professional and proper.
Room Additions
Detailed plans must be submitted through the ACC application process. Exterior materials and colors should match the residence. Room additions may not encroach into any utility easement or applicable building setback. Size and shape of the addition will depend on the architectural style and layout of the home, size of lot, and how well the room addition integrates with the existing home. Roof additions must integrate with existing roof line and materials of construction so as to appear to have been part of the original home.
Detailed plans must be submitted through the ACC application process. A sunroom is any room with glass enclosed walls or a glass ceiling. The ACC may reject, in its sole and absolute discretion, any application to construct a sunroom on a lot on the basis of its overall design and conformity with existing structures and whether or not the proposed sunroom complies with the technical specification set forth below.
Applications must be submitted prior to construction and include a detailed scale drawing or blueprint showing the three-dimensional relationship of the sunroom to the existing structure. Applications must also include a plot plan showing the location of the sunroom in relation to all lot boundary lines, the residence, the easements and the building setback lines.
A sunroom may be added to the rear of the residence only. Applications for sunrooms on cul-de-sac lots and corner lots where the rear of the house faces a street or other community property will be considered on a case by case basis.
Supporting structural materials must be of a color and shade similar to and harmonious with the exterior color of the residence. Glass maybe tinted in a shade compatible with the exterior of the residence. No metallic or direct reflecting style of shade or tinting of the glass is permitted. Applicants may be required to submit actual samples of the glass with the proposed shading/tinting material applied for approval.
The floor of the sunroom must be of reinforced concrete construction with a three inch (3") minimum thickness. Only a finished floor surface will be permitted. Only tempered glass, laminated, fully tempered glass or laminated heat-strengthened glass will be permitted for the panes. No fiberglass, Plexiglas, plastic, acrylic, mesh or other materials will be allowed. Glass must be a minimum of three-sixteenths of an inch (3/16")thick if tempered glass or a minimum of one-quarter inch (1/4") thick if laminated glass. Maximum width of glass between support trusses will be thirty-six inches (36") measured center to center.
Support trusses must be constructed of aluminum alloys with electrostatically applied coloring/paint. No natural aluminum oxidation will be allowed. No wood, composite, steel, fiberglass or plastic trusses will be allowed. Trusses must be of structural box or I- beam construction. Round, oval or A"TA" shaped trusses will not be allowed. The roof of a sunroom must have a minimum pitch of one inch (1”) per twelve inches (12") in projection. The sunroom may not project more than twenty feet (20') measured from the rear facing plat of the dwelling. The sunroom may not project beyond either side-facing plat of the residence. A sunroom may not encroach on any existing setbacks or easements. The maximum height of the roof measured from the concrete floor may not exceed either twelve feet (12') or the height of the eaves of the wall that the sunroom projects from whichever is lower.
All lighting shall be downward directing. All electrical plugs must be UL approved GFI type. Sunrooms may not have turbine type or forced fan ventilators installed. Natural draft convection flow panels that may be opened may be installed. Panels that open may not exceed thirty-six inches (36")by thirty-six inches (36") in size and must be at least thirty-six inches(36") in any direction away from the adjoining opening panels. Sunrooms may not have exposed duct work inside or outside of them.
Outbuildings
Any type of building that exists on a lot and has two or more of the following: floor, walls, a permanent roof, and is not attached to the residential dwelling or to a detached garage on the lot, shall be considered an outbuilding. Gazebos and children's play structures, as hereinafter defined, are subject to separate requirements as set forth herein below. Only one (1) outbuilding not exceeding two hundred (200) square feet and nine-feet (9’) in height (measured from the ground) shall be permitted on a lot. The standard type quality and color of the materials used in the construction of the outbuilding shall be harmonious with those of the main residence on the lot. No exterior portion of an outbuilding shall be made of metal. An outbuilding may be located in the rear portion of the lot, but may not be located on any rear utility easement unless the outbuilding is moveable. Outbuilding locations must also conform to the building front and side setback restriction as designated by the city ordinances. No outbuilding may be located on a lot such that it impedes drainage from the lot or causes water to flow onto an adjacent lot.
Gazebos
For the purposes hereof, a gazebo shall be defined as a freestanding, open framed structure with lattice-type walls, whose purpose shall not be for any type of storage. These typically are circular or octagonal shaped structures.Two types of gazebos are permitted:
a. Conical shaped (peaked) roofed gazebos. These gazebos cannot exceed ten feet (10') in height (height measured from the ground) and the horizontal supports cannot exceed eight-feet (8') in height from the deck level.
b. Flat lattice (arbor type) roofed gazebos. These cannot exceed ten-feet (10') in height (height measured from the ground) and the horizontal supports cannot exceed eight-feet (8') in height from the deck level.
For either structure, the footprint area is limited to two hundred (200) square feet (typically 20' by 20'). All gazebos must have a permanent roof with materials as set forth in these Guidelines. The materials used in the construction of the gazebo shall be harmonious with the standard, type, quality and color used in the construction of the main residence on the lot. Louvered or trellis style gazebo roofs may be allowed as long as the quality of materials is approved by the ACC prior to construction. Pressure treated wood may be stained, painted or covered by shingles. Water and electricity may be permitted upon approval and according to the National Electrical Code. All pipes and cables must be underground.
Gazebos must be located a minimum of six-feet (6') from the building set back line. If a gazebo is to be constructed on a lot, the rear portion of the lot must be enclosed within thirty (30) days of the date that the gazebo is constructed or erected. No gazebo shall impede drainage on the lot or cause water to flow onto an adjacent lot.
Storage Sheds
Storage sheds shall be considered pre-approved, provided the following guidelines are followed:
A. Shed will not be placed in any easement, set back or side yard area.
B. Sheds shall be installed on a flat level surface.
C. The addition of any concrete slab foundation intended to be used as a base structure for a storage shed must be approved through the ACC application process prior to installation.
D. Dimensions shall be no larger than 10’ in any direction.
E. Construction material may consist of wood, resin, or plastic only. No metal sheds permitted.
F. Shed must be properly anchored as to prevent the shed from becoming airborne in inclement weather.
G. Storage sheds shall be maintained in good condition.
H. Storage sheds shall not extend above the fence such that they are visible from any front street elevation.
I. Color must be harmonious with the home.
J. Storage sheds shall not be located within a utility easement or in a location which may impede the drainage on the lot or cause water to flow to an adjacent lot.
Detailed plans must be submitted through the ACC application process. The standard, type, quality and color of the materials used in the construction of a patio cover must be harmonious with the standard, type, quality, and color of the materials used in the construction of the main residence. A patio cover must be integrated into existing roof line (flush with eaves) and shingles must match roof. Carpet may be approved if it is a solid color harmonious with the residence. The entire patio cover and posts should betrimmed out to match house. Posts must be painted to match trim of house. Patio covers may not encroach into any utility easement unless the utility companies involved have granted their written consent to such encroachment. Patio cover must be situated on the lot to provide drainage solely into the owner's lot. If a proposed patio cover location is less than five feet (5’)away from the side lot line, the ACC will require that it be guttered with downspouts if it is a solid cover. Corrugated, galvanized or fiberglass roofs for patio covers or pergolas shall not be permitted under any circumstances. Pergolas need not be attached to the house. Pergolas have beams but not roofing. A wood frame pergola may be allowed to remain unpainted, provided cedar, redwood or treated pine is used.
Awnings shall not be permitted within Northpointe Crossing.
Paint Color
Samples or paint chips of the proposed exterior color of any new addition or improvement must be attached on each application submitted to the ACC for review. Further, the existing color of the main body of a house, garage or other improvement on a lot, as well as any trim or accent color, shall not be changed without first submitting an application including color samples of paint chips (for each color) to the ACC and receiving its prior written approval.
Paint shall be satin or semi-gloss; no flat or high gloss will be approved. Exterior paint must be maintained in good condition at all times.
Materials of siding and trim must be replaced/repaired or added with materials approved by the ACC. If the repair or addition will involve the use of different materials, colors, or designs than those existing on the residence or structure prior to repair or addition, advance approval from the ACC shall be required. Acceptable materials are: brick, wood siding, LP siding or Hardi-Plank siding. No plastic; metal or vinyl siding is allowed under any circumstances. Siding must have a wood grain texture. Widths, thicknesses, materials and styles must be harmonious with the surrounding houses in the neighborhood.
Height
The height of new fences on a lot must be six-foot (6’) and such fences must be constructed with six-inch (6”) wide pickets. New fencing or replacement fencing systems shall be constructed with six-inch (6”) wide cedar pickets using steel galvanized posts.
Gates
All gates shall be constructed with materials consistent with the fence material. See item 36 for Driveway Gates.
Pickets
All fences visible from the front street or from a front private drive or visible from a side street adjacent to a corner lot shall be constructed with the pickets on the outside so that no posts or rails are visible from the respective street or private drive. All pickets on any fence must be of the same width and thickness for the entire property, consisting of six-inches(6”) in width. New fencing or replacement fencing systems shall be constructed with six-inch (6”) wide cedar pickets using steel galvanized posts.
Segments between lots
Fence segments between lots can be submitted by both owners sharing the side lot line and fence. If both owners do not submit the request, the ACC will examine the effect of the proposed fence segment on both owners. Segments between lots can be single sided, double sided or constructed with alternate facing picket panels (good neighbor fencing).
Color and Materials
A. Wooden Fences
All wooden fences shall be constructed using No.2 or better Western Red Cedar pickets. The pickets may be left unstained or stained. Wooden fence pickets must conform to the surrounding/connecting fences, e.g., treated pine may be used for fence structural frame and rot boards, but not for pickets. Homes with existing treat pine fence pickets prior to recording of these guidelines in the Real Property Records of Colling County, Texas are considered grandfathered. These grandfathered fences must be replaced with cedar fence systems as described in the general fence requirements upon depreciation of the existing fence system. All fence staining shall include proper preparation as recommended by the manufacturer of the stain product. This may include but is not limited to power washing and sanding the wood.
B. Pre-Approved Fence Stain Colors
No fence shall be painted within the community.
The following fence stain colors have been pre-approved by the ACC. These products are considered pre-approved and do not require submission of an ACC application. Owners are permitted to use a different brand of exterior stain provided they color match to one of the preapproved colors listed below.
If you have a product not listed below, please submit an ACC application for approval. Provide the brand, finish, and color of the product within your submission.
Thompson Water Seal®
Signature Series Clear
Clear
Signature Series Transparent Stain
Honey Gold
Natural Cedar
Autumn Brown
Timber Brown
Signature Series Semi-Transparent
Total All-in-One
Mountain Cedar
Canyon Brown
Golden Wheat
Hickory Brown
Chestnut Brown
Sherwin Williams®
Semi-Transparent
SW3502 / Mission Wall
SW3507 / Riverwood
SW3508 / Covered Bridge
SW3511 / Cedar Bark
SW3512 / Cider Mill
SW3518 / Hawthorne
SW3522 / Banyan Brown
SW3524 / Chestnut
Ready Seal®
Natural
Pecan
Dark Walnut
C. Maintenance of Fences
All fences shall be properly maintained and portions replaced as originally constructed or approved to correct rot, mold or disrepair other than natural weathering of wood. Proper preparation of your fence is required prior to any fence staining. Manufacture’s application instructions must be followed during any application of any fence stain.
D. Wrought Iron Fences
Wrought iron appearing fences are not considered harmonious with the community and as such are not allowed.
E. Chain Link and Wire Fences
Chain link and wire fences are not permitted, except to enclose a dog kennel and only if the chain link or wire fence is not visible from ground level of any lot or street. All installations of chain link or wire fences must be approved by the ACC prior to installation.
F. Other Fences
Fences of any material other than that listed above must be approved by the ACC application process.
G. Setback Lines
Fences may not be constructed on a lot forward of any applicable setback line, unless approved in writing by the ACC. Setback lines can be located as markings on the final grading survey.
Detailed plans must be submitted through the ACC application process. No swimming pool, spa or Jacuzzi shall be approved unless the area in which the swimming pool, spa or Jacuzzi is to be located is either enclosed by a minimum six-foot, six-inch (6’ 6”) wood fence constructed of wood in harmony with adjacent fence lines, or four-foot (4 ') wrought iron style fence constructed with materials approved by the ACC with a maximum of three-inches(3") between each bar. During construction, the swimming pool, spa or Jacuzzi area shall be enclosed with a temporary fence or barrier, unless a fence already exists. If a portion of an existing fence is removed during construction a temporary fence or barrier must be erected to fully enclose the area in which construction is taking place. Excavated material shall either be used on site or immediately removed from the premises by the pool contractor and shall not effect drainage. Further, no building materials shall be kept or stored on the street overnight.
The construction of all pools, spas or Jacuzzi must be incompliance with the National Electrical Codes and include the installation of aground fault circuit interrupter. There shall be no surface discharge on the lot or to an adjacent property. No swimming pool, spa or Jacuzzi shall be constructed in a manner to impede drainage on a lot or to cause water to flow on an adjacent lot. Generally, swimming pools, spas or Jacuzzi should be located at least five-feet (5') from a side or rear lot line to maintain proper drainage. All installation must be in accordance with applicable building setbacks and easements. Swimming pools, spas and Jacuzzi should not encroach into any utility easement without the prior written consent of the utility company. No swimming pools may be enclosed with screens.
A. In Ground
An application for the construction of a swimming pool, spa or Jacuzzi must include a final grading survey showing the proposed location of the swimming pool, spa or Jacuzzi in relation to the property lines, building lines, existing structures, drainage and existing or proposed fence. The application shall also include a timetable for the construction of the swimming pool, spa or Jacuzzi. All in ground pools will require the acquisition of applicable City of Anna permits.
B. Above Ground
Above ground swimming pools are not acceptable and are restricted per the Declaration.
For the purposes hereof, a children's play apparatus shall mean any type of children's swing set, play set, climbing structure, slide or raised play set. Trampolines are not considered part of this definition and are classified under their own section within this document.
Playground and/ or recreational equipment shall be considered pre-approved given the following guidelines are followed:
A. No more than one structure or apparatus will be permitted in addition to a trampoline.
B. Play apparatuses shall be located no closer than six-feet (6’) from any property or minimum set back line.
C. All play apparatuses shall be located in the rear fenced in portion of the property.
D. The maximum dimension for height is twelve and a half feet (12.5’) total.
E. Play apparatus shall not be located within a utility easement or in a location which may impede the drainage on the lot or cause water to flow to an adjacent lot.
F. No play structures or tree-houses shall be situated in any tree.
G. Must be a commercially available unit (i.e., nota custom-built structure).
Any deviation from these pre-approved guidelines will require submission of an ACC application for proper review by the ACC.
Trampolines shall be considered pre-approved given the following guidelines are followed:
A. No more than one trampoline will be permitted.
B. Trampolines shall be located no closer than six-feet (6’) from any property or minimum set back line.
C. All trampolines shall be located in the rear fenced in portion of the property.
D. All gates accessing the rear fenced in portion of the yard containing a trampoline shall maintain a locking device.
E. The maximum width of the trampoline shall be no larger than fifteen feet (15’).
F. Trampolines shall not be located within a utility easement or in a location which may impede the drainage on the lot or cause water to flow to an adjacent lot.
G. The trampoline shall be well maintained. This includes ensuring good operational function of the unit.
H. The owner is responsible for ensuring all users of the trampoline have proper approval from their guardian(s) prior to use of the trampoline. It is the sole responsibility of the homeowner to ensure the safety of users and that guardians are informed of the associated risks with the use of trampolines.
General Restrictions
Basketball goals must be approved through the ACC application process prior to installation, unless established as preapproved. The homeowner must maintain the basketball goal in its original approved condition(including rim and net). If lighting is provided for the basketball area, it must comply with the lighting guidelines in this document. The addition of any exterior lighting for a basketball goal must be approved through the ACC application process. A good neighbor policy concerning noise and disturbing the peace must be followed.
All goals must be at least ten-feet (10’) away from the adjoining neighbor's amenities (air conditioning unit, shrubbery, etc.) unless properly protected (i.e., by fence or shrubbery) or unless the written consent of the neighbor is obtained. An application for approval to install a permanent basketball goal must include either a final grading survey or a scale drawing depicting the location of the goal and its relationship to the adjoining neighbor’s property. In the case of a pole-mounted goal, the plan or drawing should include the location of the neighbor’s amenities and a neighbor’s written consent if applicable.
Basketball goals should be mounted on a rigid steel or aluminum pole being either permanent or portable. Basketball goals are not to be mounted to the structure of the home. Mounting supports may be of steel or aluminum. Support bracing must be black. Poles must either be black or a color in harmony with the color of the residence.
Basketball goals must not be used in a manner that impedes the flow of traffic on public roadways. Owners found impeding the flow of traffic on public roadways will be subject to a fine.
Portable Basketball Goals
Portable basketball goals shall be considered pre-approved given the following guidelines are followed:
A. Only one (1) portable basketball goal is permitted per property.
B. Portable basketball goal follows the General Restrictions listed above
C. Portable basketball goals may not be placed or used on the street or a cul-de-sac as mandated by the Declaration.
D. Must be used per the manufacturer’s directions.
E. No external weighting devices will be used to anchor the basketball goal.
a. Stones, Sandbags, and all other objects placed atop of the base in a fashion that is intended to hold the basketball goal upright is not allowed.
b. Portable basketball goals must be weighted down properly per the manufacturer’s directions. Materials including but limited to sand or water shall be installed internally to the base of the portable basketball goal.
F. Portable basketball goals must be safely stored as to prevent toppling during inclement weather.
G. Portable basketball goals must be stored at the top of the driveway, inside the garage, or in the backyard when not in use. Goals stored on the side of the homes are not allowed as they present a hazard for first responders should they need to arrive at a property.
If not replacing all windows in one area (front, sides, back, top and bottom), then replacement window or windows must reflect the pattern of the window it is replacing.
If replacing all windows in one area (front, sides, back, top and bottom), the windows may be replaced with clear panes or panes with mullions.
All windows in one area (front, sides, back), must be the same style. The front and side facing the street of corner houses must be the same style.
If replacing all windows, they may be clear panes, panes with mullions, or panes with mullions in the front and clear panes on the sides and back.
Solar screens over windows with mullions, must contain mullions. All solar screens or films in one area (front, sides, back, top and bottom) must be the same style. Windows on corner houses must have similar treatment for front and side windows facing the street. Screens and films must not be mixed on a side of a house. All windows on a side must be the same style.
The frames of storm windows and screen doors should be of a color compatible with the exterior of the residence, and if the building has painted aluminum window frames, the color of the storm window/door must be painted in harmony with the residence. All glass and screens must be properly maintained at all times.
The products below are considered pre-approved for installation.
A. Anderson® 3000 Series Fullview Storm Doors
a. Colors: Black, Bronze, Sandtone, Terratone
b. Door Handle Color: Any provided by the manufacturer
B. Anderson® 3000 Series Self-Storing Storm Doors
C. Larson® Signature Classic Storm Doors
a. Colors: Black Brown, Sandtone
D. Larson® Tradewinds Fullview Storm Doors
a. Colors: Black, Brown, Sandtone
E. Pella® Full-View Storm Doors
a. Colors: Black, Brown, Putty
F. Pella® Rolscreen Full-View Storm Door
Birdhouses shall be considered pre-approved given the following guidelines are followed:
A. A birdhouse shall not be visible from the street in front of the lot:
B. No birdhouse shall be larger than two-feet (2')in width, two-feet (2') in length and two-feet (2') in height.
C. No more than two (2) birdhouses shall be permitted on a lot;
D. No birdhouse shall be situated higher than ten-feet (10') above the ground;
E. Birdhouses shall not be closer than six-feet(6’) to any property line or minimum set back line.
All existing brick mailboxes must be maintained in good condition at all times. Any repairs to these mailboxes must bring them to the original condition. See Exhibit B from the CCRs for a detail of the brick mailboxes within the community.
Burglar bars or other barriers designed to restrict access to window, doors, porches and other areas of the residence from the outside may not be installed.
Outdoor carpeting shall be considered pre-approved given the following guidelines are followed:
A. Outdoor carpeting may only be installed on porch areas (not sidewalks or walkways) which are not visible from the front street or visible from the front private drive or visible from a side street adjacent to a corner lot.
B. Outdoor carpeting shall be a product which is intent for outdoor use.
C. Outdoor carpeting shall be installed in a manner to prevent the product from becoming airborne during inclement weather.
No statue, fountain, benches/yard furniture, or other permanent outdoor decoration shall be installed on any part of any lot visible from the street without the prior written approval of the ACC. Porch furniture is allowed providing the furniture is maintained in proper aesthetic and working condition.
Christmas lighting and ornamentation may be installed no earlier than the Friday before Thanksgiving and completely removed no later than the thirty-first (31st) day of January of the following year. Illumination of Christmas lights and activation of any powered ornamentation must cease after January 15th of the following year.
Materials and Colors
All roof vents and jacks must be painted to match the shingles. New or entire roof replacements are required to install architectural shingle. Minimum20 year warranty shingle or equivalent is required. Shingle color shall be weather wood or similar color. All roofing materials must be fireproof and conform to city requirements. All permits required by the City of Anna will be acquired is applicable.
Roof Repair
Roof repairs shall be considered pre-approved given the following guidelines are followed:
A. Repaired shingles shall be completed with shingles of like kind and color as to keep the roof system harmonious.
B. The Board reserves the right to make the determination, in its sole and absolute discretion, if the quantity and quality of repairs has caused detriment to the harmonious nature of the roofing system.
Roof Replacements
Roof replacements shall be considered pre-approved given the following guidelines are followed:
A. All of the above Materials and Colors restrictions must be followed.
B. All applicable permits required by the City of Anna have been acquired and approved by the end of the project.
C. All debris shall be removed from street view by end of the working day.
D. All debris shall be removed from the property by the end of the project.
E. Once project has commended the project is required to be completed within no more than 5 days.
In accordance with The Texas Property Code - Section 202.111 and the Association’s Flag Policy, residents may display the following:
A. The flag of the United States of America displayed in accordance with Title 4 U.S.C. Sections 5-15 which address, among other things, the time and occasions for display, the position and manner of display, and respect for the flag.
B. The flag of the State of Texas displayed in accordance with Chapter 3100 of the Texas Government Code which address, among other things, the orientation of the flag on a flagpole or flagstaff, the display of the flag with the flag of the United States, and the display of the flag outdoors.
C. An official replica flag of any branch of the United States armed forces.
A flagpole, whether attached to a dwelling or freestanding, must be a commercially available product constructed of nonferrous metal materials with a finish appropriate to the materials used in the construction of the flagpole and harmonious to the dwelling. The flag display must conform to all setbacks, easements and zoning ordinances. Flags and flagpoles must be maintained in good condition; flags and flagpoles that are deteriorating or represent an unsafe condition must be repaired, replaced or removed.
Flagpoles are limited to no more than two (2) per lot, not to exceed twenty-feet (20’) in height. Flagpoles over eight feet in length or height shall be a minimum of two-inches(2”) in diameter. Flagpoles exceeding sixteen-feet (16’) in height shall be a minimum of three-inches (3”) in diameter at the base.
The size of the flag must be proportionate to the height of the flagpole. Maximum flag size for flagpoles up to sixteen-feet (16’) is three-feet (3’) by five-feet (5’). Maximum flag sizes of flagpoles over sixteen-feet (16’) and up to twenty-feet (20) are four-feet (4’) by six-feet(6’). Only two (2) flags may be displayed in total on the property regardless of number of flagpoles. The external halyard of the flagpole must be secured to abate any noise. Residents can only place a flagpole or flag on their property and no other property. An external halyard on a flagpole is required to be securely affixed to the flagpole so that it is not moved by the wind and thereby permitted to clang against the flagpole.
Flagpole(s) and flag(s) shall be considered pre-approved given the following guidelines are followed:
a. No more than two (2) flags may be displayed on any property
b. Flagpole(s) must be wall mounted type for pre-approval.
c. Flagpole bracket must be attached to the structure of the residence no higher than eight-feet (8’) on the structure surface.
d. Flagpoles are only permitted on the front and rear elevation of the residence only.
e. Flagpole(s) must be six-feet (6’) or less in length.
f. Must follow the flag General Requirements above.
No sign, emblem, or banner of any kind may be kept or placed upon any Lot, or mounted, painted or attached to any Single-Family Residence, fence, or other improvement upon such Lot so as to be visible from public viewing EXCEPT the following:
A. For Sale/Lease Signs
An Owner may erect one (1) sign on his lot, not exceeding 2’ X 3’ in area, fastened only to a stake in the ground and extending not more than three(3) fee above the surface of such Lot advertising the property for sale or lease. Signs must be professionally produced and manufactured.
B. Political Signs
Political signs may be erected upon a Lot by the Owner of such Lot advocating the election of one or more political candidates or the sponsorship of a political party, issue or measure scheduled to appear on a ballot, provided that such signs shall not be erected more than ninety (90) days in advance of the election to which they pertain and shall be removed within ten(10) days after such election. Signs are prohibited on the public right of way. No signs are permitted on the Common Property of the Subdivision except signs authorized by the Board of Directors. Signs are limited to one (1) sign per each candidate or measure. Signs shall not contain roofing material, siding, paving materials, flora, balloons or lights, or any other similar building, landscaping, or nonstandard decorative component. Signs may not be attached in any way to plant material, a traffic control device, or any other existing structure or object.
Signs may not (i) include the painting of architectural surfaces, (ii)threaten public health or safety; (iii) be larger than four feet (4’) by six feet (6’); (iv) violate any law; (v) contain language, graphics, or any display that would be offensive to the ordinary person; or (vi) be accompanied by music or other sounds or by streamers or be otherwise distracting to motorists.
The Board reserves the right to remove a sign displayed in violation of this section.
C. School Spirit Signs
Signs celebrating school activities (football, band, cheerleader, etc.)of one or more children residing in the Single-Family Residence and the school they attend shall be permitted so long as the sign is not more than 36” X 36”or equivalent size. There shall be no more than one sign for each child under the age of eighteen (18) years of age, residing in the Single-Family Residence. Banners are not permitted. Signs must be professionally produced and manufactured.
D. Security Signs/Stickers
Signs or stickers provided to an Owner by a commercial security or alarm company providing service to a Single-Family Residence shall be permitted so long as the sign is not more than 12” X 12” or the sticker is no more than 4” X4”. There shall be no more than one sign per Lot and stickers on no more than thirty (30) percent of the windows and one on the front door or front entry area.
E. Garage Sale Signs
Signs promoting periodic community garage sales are allowed. Signs can only be displayed on the day of the community garage sale. Garage sale signs must be removed within one (1) day of the completion of the garage sale.
F. Yard of the Month Signs
Signs noting Yard of the Month as chosen by the ACC or BOD.
G. Religious Signs
Signs and Displays are allowed in accordance with Section 202.018 of the Texas Property Code, to wit:
The display must be motivated by the Owner’s or Resident’s “sincere religious belief.”
The religious item cannot threaten public health or safety.
The religious item cannot violate the law.
The religious item cannot contain language, graphics or other display that is patently offensive to a passerby.
The religious item must be located on the entry door or entry door frame and cannot extend past the outer edge of the door frame or the entry.
The maximum space allotted to a religious item or combination of religious items shall be no more than twenty-five (25) square inches.
The Association may remove any item that does not conform to this section.
Notwithstanding the above provisions: (i) the ACC has the authority to allow a religious statue, such as by way of example and not in limitation, a statue of St. Francis of Assisi or other religious item in a landscape bed or other portion of a lot, and (ii) this section does not prohibit or apply to temporary seasonal decorations related to religious holidays as otherwise permitted herein.
H. Safety Notification Signs
Signs displaying important safety information of required medical equipment within a home are allowed. These signs shall be no more than 2’ x 3’ in area.
Section 202.007 of the Texas Property Code provides that a property owners’ association may not enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing rain barrels or a rain harvesting system on the property owner’s lot. However, Section 202.007 of the Texas Property Code further provides that a property owners’ association is not required to permit a rain barrel or rainwater harvesting system to be installed on a lot in particular circumstances or restricted from regulating rain barrels and rain harvesting devices in specified manners.
1. Rainwater Recovery Systems may be installed with advance written approval of the Architectural Control Committee subject to these guidelines.
2. All such Systems must be installed on land owned by the property owner. No portion of the Systems may encroach on adjacent properties or Common Property.
3. Other than gutters and downspouts conventionally attached to a dwelling or appurtenant structure all components of the Systems, such as tanks, barrels, filters, pumps, motors, pressure tanks, pipes and hoses, must be substantially screened from public view from any street or Common Property. Screening may be accomplished by:
a) placement behind a solid fence, a structure or vegetation; or
b) by burying the tanks or barrels;
c) or placing equipment in an outbuilding otherwise approved by the Architectural Control
Committee.
4. Overflow lines from the Systems must not be directed onto or adversely affect adjacent properties or Common Property.
5. Inlets, pots, vents and other openings must be sealed or protected with mesh to prevent children, animals and debris from entering the barrels, tanks or the storage devices. Open top storage containers are not allowed.
6. Harvested water must be used periodically and not allowed to become stagnant or a threat to health.
7. All Systems must be maintained in good repair.
Driveway gates are not permitted within Northpointe Crossing.
All sidewalks on private property are the responsibility of the homeowner. The homeowner is responsible for repair and maintenance of sidewalks in order to prevent tripping hazards. Sidewalk panels should be even one panel to the next. Panels uneven by one-half inch (1/2”) or more are considered tripping hazards. Hazardous sidewalks are subject to a fine for deed restrictions violation.
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