Guidelines and Definitions
Driveways
Definition of a Boat
Objects in Building Setbacks and Easements
Improvement Request Guidelines for Portable Structures
Driveways
In general, a driveway is any private road that leads from a public road to a specific point on the property. Section 3.16 of our deed restrictions states that "All driveways must be surfaced with either concrete, concrete pavers, asphalt, (2) two course chip and seal or a combination thereof. Driveway must be surfaced upon completion of the main dwelling unit." Any driveway constructed out of other materials or not surfaced as previously described is not allowed. This includes, but is not limited to, gravel or road base material. Any part of the property that leads from a public road to any point on the property that is regularly used as a driveway will also be deemed an illegal driveway. Regular use is defined as any use significant enough to cause a visible path to be worn on that part of the property.
Definition of a Boat
A boat is a small vessel for travel on water. This includes (but is not limited to) motorboats, sailboats, personal watercraft, canoes, rowboats, and similar. It does not include other floating items such as pool toys (floating chairs, inflatable rafts, etc.), inner tubes, children's toys, and similar. Any vessel requiring registration with the Texas Parks and Wildlife department is also considered a boat for these purposes. The board, in its sole discretion, will determine the classification of any item under consideration that is not explicitly covered above.
Objects in Building Setbacks and Easements
Buildings
Any structure considered to be a building (including but not limited to a main dwelling, guest house, detached garage, storage building, barn, permanent shed, portable shed, or similar) must comply with the location requirements established in Sections 2.04 and 3.03 of the deed restrictions. They may not be located in the building setback areas or the easements established for the property under consideration.
Construction in Easements
The only permanent structures permitted in easements are driveways, fences, and similar improvements. Please note that some of these types of improvements have further location constraints described in the deed restrictions (such as fences in relation to the front of the main dwelling). Portable structures and objects may be located in an easement at the owner's risk, subject to any further requirements contained in the deed restrictions. A portable structure or object is defined as one which is not substantially permanent and therefore capable of being moved out of the easement as necessary. Typical examples include playscapes, lawn furniture, firewood racks, small arbors, and similar. Examples of substantially permanent structures or objects would include anything that is set in concrete, built upon a concrete slab, uses any other means of firm attachment to the ground, or is so large that it can no longer be moved practically. Therefore, if any of the items mentioned previously are constructed in a permanent fashion (such as a playscape with posts set in concrete) it would no longer be considered portable and cannot be located in an easement.
Improvement Request Guidelines for Portable Structures
In general property owners must obtain approval from the Architectural Control Committee (ACC) before commencing any improvement project. However, certain common improvements are exempted from this requirement although they still must be constructed in accordance with any applicable rules in the deed restrictions. If these improvements are not performed in accordance with the deed restrictions, or improvements that are not exempted are performed without first receiving ACC approval, the property owner will receive violation notices and any applicable fines.
Exempt Structures
Portable Playscapes
A portable playscape is defined as one which is not permanently attached to the ground (i.e., does not have posts set in the ground, in concrete, built on a slab, or similar) and is small enough to be moved practically. An improvement request form must still be submitted for any permanent playscape so that the ACC can verify compliance with easement requirements. An improvement request form must also be submitted for any playscape that includes a storage area (similar to a shed) so that the ACC can verify compliance with the material and building setback requirements.
Lawn Furniture
Portable lawn furniture does not require an improvement request form. Examples include but are not limited to picnic tables, benches, bench swings, shade umbrellas, small arbors, and similar. An improvement request form must still be submitted for any permanent lawn furniture so that the ACC can verify compliance with easement requirements.
