Architectural Control 

Wetherbyrne Woods

Architectural Design and Maintenance Standards

Amended 1 Nov 2016

The Wetherbyrne Woods Architectural Control Committee (“ACC”) is dedicated to promoting an aesthetically appealing community through the conscientious development, reevaluation and enforcement of our neighborhood's architectural standards. The Association's Architectural Design and Maintenance Standards ("Standards") are hereby formally declared by the Association's Board of Directors (the "Board") and its ACC under the authority provided in the Declaration of Covenants, Restrictions, and Easements for Wetherbyrne Woods Phases I, Phase II and Phase III ("Declaration").

These Standards seek to give general guidance to homeowners as to what modifications, changes, upgrades, improvements, additions, deletions and the like, are acceptable to the exterior of homes and related property and the process for approval of said modifications. These Standards are not all inclusive and do not attempt to contemplate all possible situations. As such, each request for an exterior modification will be reviewed on its own merit and with deference to the Community-Wide Standard. This Standards document dated 1 May 2016 supersedes any prior Standards documents. This document is also known as or referred to as the "Design Standards”.

The ACC may impose sanctions for violations of this Governing Document in accordance with procedures set forth in Section 4, including the imposition of daily monetary fines. Furthermore, if violations are not rectified in a timely manner, the ACC may hire an outside company/contractor to remedy the situation and liens may be placed on the property, as appropriate, to recover the expenses. The ACC's governing documents can be accessed from the Wetherbyrne Woods website at www.wetherbyrnewoods.com  or by requesting copies by contacting the ACC.

This document applies to all 3 phases of Wetherbyrne Woods except as specifically noted herein.

All amendments, notices, requests, objections, waivers, rejections, agreements, approvals, disclosure or consent of any kind made pursuant to the Declaration shall be writing.

1.   AUTHORITY: This Standards document is promulgated pursuant to authority granted to the Board of Directors and the ACC of Wetherbyrne Woods under Article VII Section 4.4 of the Wetherbyrne Woods Residents Association Bylaws and Article II of the Declaration of Covenants, Restrictions and Easements for Wetherbyrne Woods Phase I, II, and III.

2.   DEFINITIONS: Any word as used herein shall have the same meaning as such words have in the Declaration of Covenants, Restrictions, Easements For Wetherbyrne Woods and Cobb County General Code Section 110-1 and 134-1.

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"Viewable from the Street" is defined as ANY part of the feature or object visible from any viewpoint 0 to 6 feet above the street surface on any adjacent street.

3.        GENERAL: No structure shall be placed, erected, installed, or posted upon any Lot, and no improvements or other exterior work (including staking, clearing, excavation, grading and other site work, exterior alteration of existing improvements, and planting or removal of landscaping material) shall take place except in compliance with this Design Standard.

4.        ARCHITECTURAL MODIFICATION REVIEW AND APPROVAL PROCESS:

A. Submission of Request for Architectural Modification Review and Approval. All exterior modification requests MUST be submitted to the ACC on the Wetherbyrne Woods ACC Modification Request Form along with any other relevant information.

1. The submittal of a request for architectural modification must include the following items, as applicable, to the project:

a. Completed Wetherbyrne Woods ACC Modification Request Form

b. A representative sketch or drawing of the property showing:

1. Landscaped materials

2. Existing tree buffers

3. Location of existing dwelling, property lines and easements

c. Measurements between all of the above.

d. Drawings, photo(s) or product brochure(s) of proposed modification materials

e. Selected exterior color(s) for all painting or staining work.

The Wetherbyrne Woods Modification Request Form may be obtained from the Wetherbyrne Woods website (www.wetherbyrnewoods.com) or from the Wetherbyrne Woods secretary. Changes to a previously submitted modification request may require, at the sole discretion of the ACC, the homeowner to resubmit their request using a new Wetherbyrne Woods ACC Modification Request Form.

If the homeowner proceeds with any modifications, changes, upgrades, improvements, additions, deletions and the like, without prior written approval by the ACC, the homeowner runs the risk of having to correct any violation at his/her own expense AND incurring a fine up to $500.

B. Supporting Documentation and Other Considerations. Modification request must include information such as supporting materials, drawings, sketches, and other documentation that will provide the ACC with sufficient information to thoroughly understand the homeowner's modification request. Incomplete forms or missing information will result in delays in the review process. In such cases, a member of the ACC and/or the property management company will contact the homeowner for correction of the submission. The submitted request will be placed on hold until all required and subsequently requested documents are presented by the

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homeowner and have been received by the ACC. When additional information or

documentation is requested, the more promptly it is received, the sooner a decision can be made.

All modifications to Lots must be sensitive to the occupants of neighboring Lots and homes. Modifications should be planned and constructed such that they will have minimal impact on the views from neighboring Lots, and such that they will not change existing water runoff to the detriment of neighboring Lots. As a factor in the decision to approve or deny a modification, the ACC will consider a proposed modification's impact on neighboring Lots, but approval by the ACC is not a guarantee as to the lack of negative impact on neighboring Lots. The homeowner is required to adhere to all local, County or other ordinances related to their property.

C. Time Frame for Completion of the ACC Review Process: While the ACC will strive for a rapid approval in 1-3 days for simple requests, the ACC has up to 30 days to render a decision from the time ALL required AND requested information has been provided to ACC related to the requested modification. The date that all required and/or requested information is deemed to have been submitted will be determined at the sole discretion of the ACC. Once the Wetherbyrne Woods ACC Modification Request Form and all required or requested supporting documentation has been provided to the ACC, the modification review process can commence. ACC will make every effort to complete its review process as quickly as possible. The ACC may meet to discuss outstanding modification request that require further evaluation or discussion. Homeowners should plan their projects accordingly so as to allow for ample time in working through this required review process.

D. Notice of Approval or Denial: ACC will provide written notification to the homeowner of its

decision to approve or deny their submitted modification request by either email and/or U.S. mail.

E. Appeals Procedure: Homeowner(s) may appeal an ACC decision to deny a modification request. The process for filing an appeal is as follows:

1.   The appeal must be submitted in writing by either email

(WetherbyrneWoodsACC@gmail.com) or U.S. mail to the Wetherbyrne Woods ACC, P.O. Box 1894, Kennesaw, GA 30156 .

2.   The Homeowner's request for appeal must be received within ten (10) business days from the date of the notice of the denial by the ACC.

3.   This request should include any information which might clarify the requested modification.

4.   The ACC Board shall render the final decision on the Homeowner's appeal. The final decision of the ACC Board will be provided to the homeowner in writing, by either email or U.S. mail, within thirty (30) calendar days from the date of receipt of the appeal.

F. Execution of the Approved Modification: Once approved, all work shall be completed within one (1) year of the date of approval or such shorter period as the ACC may specify in the

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notice of approval. Completion within such time is expected unless the work is delayed due to causes beyond the reasonable control of the homeowner, as determined in the sole discretion of the ACC. If work has not been completed within one (1) year, a new Wetherbyrne Woods ACC Modification Request Form must be submitted and approval once again given before work can commence. During approved work or construction, all vehicles in any way connected with such work or construction shall enter the Lot or Lots only by the driveway as approved in the plans submitted to the ACC. All vehicles shall be parked as to avoid damage to other Lots, trees, paving, curbs, gutters, and any other improvements on the Lot.

5. MAINTENANCE STANDARDS FOR LOTS AND EXTERIOR STRUCTURES

A. Exterior Structures: Any exterior structures (i.e. buildings, sheds, fences, decks, siding, gutters and downspouts, roof shingles, windows and doors, etc.) must be maintained in good order. Any exterior structure that is broken, missing components, or otherwise in a state of disrepair must be repaired as quickly as possible No significant mold, ivy, blistering or peeling, fading or discoloration of exterior painted surfaces is permitted. The final determination of "good order" and "significant" shall be the sole judgment of the ACC.

B.Driveways, Decks and other Structures Viewable from the Street: All driveways, underneath of decks and other structures viewable from the street must be free and clear from all debris and should not be used as permanent storage for items such as, but not limited to trash, building materials, wood piles, landscaping equipment and supplies, appliances, etc. Collapsed or damaged structures shall be removed or repaired in a timely manner.

C. Exterior Landscape, Lawn, Tree and Shrub Maintenance Guidelines:

1. All flower beds, shrubs and pine islands must be maintained with no significant visible weeds.

2. Once a plant, shrub or tree has died it must be removed or replaced.

3. All shrubs and trees need to be trimmed as needed and maintained in a neat fashion throughout the year.

4. Vegetable gardens should be small and screened so as not to be viewable from the street.

5. Ground cover may be pine straw, bark mulches, and nuggets. Ground cover should be applied as needed in order to achieve and maintain a neat finished appearance.

6. All lawns must be mowed regularly; generally weekly during the growing seasons and should not exceed 6 inches. This includes front, side and back lawns. Any lawn taller than 8 inches will be considered a violation. Leaves must be removed from lawns and garden areas as needed. They must be raked or blown and bagged for removal. They are not to be blown into the street or neighboring properties.

7. Leaves that accumulate adjacent to the curb in front of the lot will be the homeowner's responsibility to remove.

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8. It is a violation of Cobb County Ordinance and Code for grass clippings and leaves to be blown down the storm drain or into the street.

9. It is the responsibility of the homeowners to remove all trash, newspapers, flyers, etc. from their property in a timely manner. This includes all property visible from the street and the street immediately adjacent to their property.

D. Mail Boxes: All mailbox parts, including the numbers must be attached and in good repair. If there are any streaks, peeling, fading or rust the mailbox must be repainted or replaced promptly.

E. Nuisance:

1. Any activity that disturbs the peace.

a.      Loud music, fireworks, vehicle noise, etc.

b.      Music or noise that can be heard by other residents within their residence after 11:00 pm.

c.       Excessive dog barking (greater than 15 minutes).

2. Any activity that threatens the safety of the neighbors.

a.   Street parking that hinders traffic and the ability of vehicles, ambulances or Fire

apparatus.

3. Any activity that impedes traffic.

4. Any activity which emits foul or obnoxious odors outside the home

5. Any activity that creates smoke or fumes outside the home.

F. Trash Cans: Trash cans may be placed at the curb for pick-up no sooner than 18 hours before pick-up and must be removed no later than 24 hours after pick up. All cans must be kept out of sight from the street and neighboring properties and should be placed in garages, rear yards or behind approved screening from front and side yards

G. Pet Excrement: Pet excrement shall be collected and disposed of promptly to minimize odors and health concerns to other residents.

H. Vehicle Parking:

1. There are no restrictions for storage of vehicles, trailers, boats, etc. that are stored within an enclosed structure (garage).

2. All Vehicles must be parked completely on paved surfaces only. Gravel and crushed stone is NOT a paved surface.

3. All vehicles parked on street must be parked in the direction of traffic flow.

4. Trailers:

a. No trailers of any type are allowed that are viewable from the street. This include ANY viewable part of the vehicle including sides and top even if covered or concealed by fencing, tarp or other covering. This restriction includes and is not limited to:

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1.   Motor Homes

2.   Campers

3.   Jet Skis/Recreational vehicles/ATV's

4.   Garden trailers

5.   Any type of trailer including utility trailers

6.   Boats

7.   Any device utilizing 2 or more wheels (except motorcycles)

b.   Temporary parking is permitted for a maximum of 5 days within a 30 day window. Longer temporary parking requires ACC pre approval.

c.   No RV can be parked on the street. 5. Cars/Trucks/Motorcycles:

a.   A maximum of 4 vehicles/lot can be parked outside a garage on a recurring basis (4 out of 9 consecutive nights).

b.   No overnight commercial vehicle parking is permitted except for temporary onsite construction. Commercially registered cars and vans under 3/4 ton with no exposed equipment are allowed.

c.   All vehicles must be operational and have valid tags.

d.   Vehicles should be garaged, minimizing street parking, if possible.

e.   Vehicles cannot be parked outside a garage for long term storage (greater than 2 weeks). Covered or tarped vehicles are not allowed.

f. Vehicles requiring repair and/or unused vehicle(s) cannot be parked outside a garage for a period greater than 3 weeks.

6. Car Covers, Tarps and the like. Car covers are not allowed unless the vehicle is located inside an enclosed garage. Motorcycle covers are permitted. Custom car covers require approval of the ACC. Tarps shall not be placed on any item stored outside for any reason.

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6. ARCHITECTURAL DESIGN GUIDELINES.

The Guidelines below are meant to provide a general reference as to what types of changes are allowed and/or not allowed in Wetherbyrne Woods. It does not necessarily cover all situations or potential change requests. Homeowners are always welcome to submit an Wetherbyrne Woods ACC Modification Request Form for changes that fall outside these guidelines. Each request will be reviewed individually and upon its own merit.

This document does not explicitly specify any Local, City, State, or Federal building codes requirements that may or may not apply to certain situations. IT IS THE HOMEOWNER’S RESPONSIBILITY TO COMPLY WITH ALL BUILDING CODE REQUIREMENTS AND SET BACKS AND TO OBTAIN THE NECESSARY BUILDING PERMITS AND VARIANCES AS NEEDED. APPROVAL BY THE ACC DOES NOT IMPLY THAT THE REQUESTED MODIFICATION IS IN COMPLIANCE WITH COBB COUNTY BUILDING OR ZONING CODES.

A.        Air Conditioning Units (Window Mounted) : Window-mounted air conditioning equipment and fan units, including evaporative coolers and the like, are prohibited in sides viewable from the street. Exceptions can be issued by the ACC for units that are concealed, blended or otherwise camouflaged to minimize visibility from the street. A Wetherbyrne Woods ACC Modification Form is required.

1. Existing ground units prior to 1 January 2016 are grandfathered.

B.             Animal Pens and Dog Houses: No structure for the care, housing or confinement of any animal shall be constructed or placed on any lot that is viewable from the street. Animal and pet houses must be located behind the house. Maximum of 2 animal houses. As per Cobb County Ordinance, no farm animals are allowed in Wetherbyrne Woods.

If geographic restrictions prohibit the placement of the Animal pen/dog house in the rear of the property, the owner can request an exception via the Modification Form from the ACC.

C.        Antennae and Satellite Dishes: ACC approval for one Satellite dish per home is not required. However, the Satellite dish must be installed in a manner which minimizes its view from the street. To maintain the community-wide standards, it is highly recommended that the dish be installed on the back of the house. No more than one dish can be installed without prior approval. If a satellite dish is placed on the home or lot in a location found to be objectionable and reasonable alternatives exist, the ACC may request its relocation at the homeowner's expense. It is advisable to seek ACC review prior to the placement of this type of equipment.

Owners can request from the ACC an exception to the location if geographic restrictions do not allow rear location of a satellite dish.

Acceptable: One Satellite Dish per home located in the rear of the residence. Not Acceptable: TV/Radio Receiving Antenna

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D. Basketball Goals: ACC approval is required for permanent basketball goals. The placement of the basketball goal needs to be at the back of the driveway or in the backyard. NO goal may be placed in the street, at the edge of the street or in the right-of-way. Backboards must be maintained and conform to neighborhood standards and cannot be bright or fluorescent colors. White, black or clear backboards are allowed. Fold up (portable) basketball goal shall not be stored overnight in the street or in the Right-of-Way.

Acceptable: Fold-Up Basketball Goals, Permanent Basketball Goals

Not Acceptable: Basketball Goals with Bright or Fluorescent Colored Backboards, goals

Additional information may be requested by the ACC; however, the submittal for

modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1. Drawing, photo or product brochure of actual proposed basketball goal with dimensions, materials and colors indicated or supplied.

2. Proposed location of the basketball goal.

E. Outside Burning

Outside burning of leaves and garden material is permitted only during the Cobb County Burning schedule (see Cobb County restrictions for dates and Fire Marshall orders). Decorative Fire pits are exempt from this restriction (Must meet Cobb Count Building Ordinances).

Burning is permitted with the following stipulations:

1.      Only during periods as designated by Cobb County (generally, no summer burning)

2.      No burning of household garbage is permitted.

3.      Common safety precautions must be observed

4.      Smoke must not become a nuisance to other residents.

a.    No obnoxious odors

b.    No heavy smoke drifting into other homes

c.     Burning is not allowed after dusk.

F. Clotheslines: Outdoor clotheslines or similar apparatus for exterior drying of clothes or bedding are prohibited if viewable from the street.

G. Decks, Deck Stairs & Deck Railing: ACC approval is required for all deck installations, modifications and extensions including, but not limited to, deck coverings and awnings, and stairs. Decks of pine, cedar or Trex style decking material is suitable. The color of the decking material, or in the case of wood decks, the paint or stain color must be harmonious with the existing house color as well as the color palette of the Community. Repainting or staining of existing decks must also be harmonious with the existing house colors. Repairs that do not modify the present dimensions do not require ACC Approval.

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Acceptable: Pressure Treated Pine, Cedar, Trex style decking and metal balusters manufactured for use outdoors.

Additional information may be requested by the ACC; however, the submittal for modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1. Plot plan of property showing the location of existing structures, location of proposed structure, and measurements between.

2. Drawing of proposed deck showing all finished elevations (front, back and sides) with dimensions, materials and colors (finish) indicated or supplied.

3. Photo(s) of current deck structure(s) and a description of the deck expansion where applicable.

H. Doors (Entry, Garage and Storm): Replacement doors that are similar or better quality do not require ACC approval. Colors and finish must be harmonious with the existing house colors.

Any changes that require a structural or size reconfiguration of the door shall require ACC approval.

Additional information may be requested by the ACC; however, the submittal for modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1.   Drawing, photo or product brochure of proposed garage door(s) with dimensions and materials indicated or supplied.

2.   Proposed paint color samples with color name, number and brand.

I. Driveways, Extensions, Replacement or Expansions: ACC approval is required for all driveway modifications, extensions, or expansions. Direct concrete replacement without modifications do not require ACC approval. All driveways and driveway extensions are to be constructed of hard-surfaced paving matching the existing driveway (i.e. concrete w/ a minimum depth of 4 inches. For driveway additions, the surrounding yard touching the new driveway must be brought up to be level with the top of the driveway.

Acceptable materials: Concrete, Brick, Brick Paver or Stone Paver Extensions and Expansions Unacceptable materials: Asphalt, Stone or Gravel (including replacement, Extensions and Expansions)

Additional information may be requested by the ACC; however, the submittal for modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1.   Description of materials to be used

2.   Sketch of the area where the expansion is planned noting any grading or landscape changes

3.   Planned use of the driveway or driveway extension or expansion.

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Existing asphalt driveways paved before 1 Jan 2016 are grandfathered. Any replacement or repair of said driveway must meet the current standard.

J. Fences and Walls: ACC approval is required for the construction or modification of any fence or wall. Front yard fencing of any kind is not acceptable. Fence guidelines are as follows:

1.  Should be cedar or pressure treated pine, black wrought iron, or aluminum to give the look of wrought iron or Trex style decking.

2.  All fence stains must be approved.

3.  Fence height cannot exceed 6 feet for front facing or sides of housing. Fence height for rear of housing cannot exceed 8 feet if the fence does not adjacent to a public road (Cobb County Ordinance 134-267 (b)).

4.  The finished side of the fence material must face out toward the road and all neighboring properties.

5.  Finished fences may include open-view fine wire mesh screening when necessary for pet containment (not chain-link type). Such wire mesh shall only to be used as a “lining” to a fenced-in yard and not as a substitute for an animal pen.

6.  Screening shrubbery on the fence perimeter may be required to further minimize visibility from the street and/or as a consideration to neighboring homeowners.

7.  Retaining walls should only be used for retaining earth or fill such as when cutting into a hillside or slope. Freestanding walls are not allowed.

8.  All poured concrete retaining walls viewable from the street will be finished with a stone, stucco or a brick veneer to match the existing home when used in connection with the footprint of the home.

9.  Surveys may be requested with modification request to demonstrate that fences and walls do not violate easements or adjacent Lot lines.

10.         Invisible Electronic Fences for pets do not require Wetherbyrne Woods ACC approval. If the fence adjoins common area, a professional sign will be required to alert others the fence is in place. Owners are responsible for circumstances resulting from their pet getting out of the restricted area.

11.         Fencing is not permitted in front of the existing house setback. Picket Fences erected prior to 1 Jan 2016 are grandfathered. The grandfather clause shall be revoked if the fence is not kept in good repair or torn down.

12.         No wall, fence, hedge or shrubbery shall be placed on any lot in such as manner as to obstruct the line of sight at street intersections.

Acceptable: Cedar or Pressure Treated Pine Fences or Black Wrought Iron or Aluminum Fencing, Stacked Stone Retaining Walls, 6" x 6” Landscape Timber Retaining Walls

Not Acceptable: Chain Link, Vinyl or Cyclone Fencing.

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Existing galvanized chain link fences are grandfathered as of 12 Sept 2016

Additional information may be requested by the ACC; however, the submittal for modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1. Plot plan of property showing the location of proposed structure.

2. Drawing, photo or product brochure of proposed fence with exact dimensions and materials.

3. Proposed stain color with color brand, color name, and color number.

4. Surveys may be requested to demonstrate that fences and walls do not violate easements or adjacent Lot lines.

5. Proposed landscape plantings, type and location, for visual screening as needed.

K.  Flags and Flagpoles: ACC approval for the installation of small, house-mounted flagpoles is not required. The United States of America Flag, the Official Georgia State Flag, as well as seasonal, decorative and sports-related flags, may be displayed. Flags must not be offensive in nature or violate generally accepted community standards. Flags may not be mounted to or cover up any window of a house. Flags may not be allowed to become tom, tattered, or faded. The United States of America Flag must be displayed in accordance with existing rules and customs pertaining to the display and use of the flag of the United States of America. If a flag is to be illuminated for nighttime viewing, lighting should be directed away from adjacent properties and traffic. See Section N below for requirements for the installation of exterior lighting. Permanent in-ground flagpoles require the approval of the Wetherbyrne Woods ACC.

Acceptable: U.S. Flag, State flag, seasonal flags, decorative flags Not Acceptable: Offensive Flags, Permanent in-ground flagpoles

L.   Garages: All dwellings must have a minimum of a two-car enclosed garage. All garages must have interior walls finished and no studs are to be exposed. Utilization of a garage for any purpose other than storage of vehicles does not excuse the resident from the exterior 4 car maximum regulation.

M.   Exterior Lighting: All external lighting shall be oriented as to not infringe on adjoining lots and must be directed away from adjacent residences and away from the street so as to avoid obstructing the vision of passing motorists. Electrical or gas light units must have the following characteristics:

1. Bulbs must be clear or white frosted glass.

2. Lighting pattern and direction shall not illuminate adjacent lots.

3. Sodium lamps and non white illumination are not permitted if viewable from the street.

Not Acceptable: Colored bulbs of any type (except seasonal holiday lighting).

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N . Landscaping: ACC approval is required for any major change to the existing landscaping of any Lot. A graphic and written plan of landscaping must be submitted to the ACC prior to any major renovation. This plan should include a drawing to show location, variety and size of all plant materials and "hardscape" items such as fences, walls (covered separately herein), etc. Approved plans must be fulfilled no later than six (6) months after the approval date.

The following guidelines apply when submitting requests for new or modified landscaping:

1. Landscape modifications should be designed to enhance the existing natural site features such as topography, trees, natural drainage ways, and view corridors.

2 .Permanent Landscaping: Trees and plant materials must be able to survive year round.

3.   Vegetable gardens: Must be maintained and located behind the front of house setback.

4.   Compost Heaps/Devices must be located at the rear of the property and not create an odor or wild life attraction.

5.   Exposed earth or red clay greater than 25% of the lawn area in front of the house or side on corner lots is not permissible at the conclusion of the project.

6.   Grade changes that affect existing drainage patterns of adjacent lots or common areas, or that affect the ability of the adjacent lot to properly drain, are not allowed.

Not Acceptable: Palm Trees, Bamboo, Gravel Yard Covering, White Rocks (> 20% of area in front of the house or side on corner lots)

Additional information may be requested by the ACC; however, the submittal for modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1.   Drawing or near scale sketch of proposed landscaping plan (may be indicated on above plot plan)

2.   Proposed type, size and location of new plantings, land cover, and features as well as any landscaping to be removed

3.   Photos or pictures of plant/tree species involved

O.  Mail Boxes: All Mailboxes and posts must be of an approved U.S. Postal Service design. Mailbox posts can be wood, metal or masonry. Unusual posts require the approval of the Wetherbyrne Woods ACC. (Postal Regulation D041 section 1.0 - 2.11)

P.   Painting (Exterior): ACC approval is required for repainting of the exterior of homes. Approval is NOT required when the request is to repaint with the existing color on the home. Color selections shall be in keeping with the natural earth tones used in the design of the community. Should a homeowner wish to make changes to his/her current color scheme, careful consideration should be given to the colors of adjacent homes including their roof colors. Homeowners should take notice of the colors of homes around them so as not to paint their house the same colors as the homes of any adjacent property or property immediately across

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the street. This is in order to achieve a well-balanced and coordinated color scheme throughout the community.

Acceptable: Natural Earth Tones, Light Blue

Not Acceptable: Pastels, Deep Jewel Tones, and/or Fluorescent Colors

Additional information may be requested by the ACC; however, the submittal for modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1. Proposed paint color name, color number and brand

2. Written description of the exact location(s) where sample areas are painted on the home.

Q . Play Equipment: Including but not limited to swing sets, play sets, above ground trampolines, play houses, tree houses, etc. should be located at the rear of the property behind the house. Equipment should be placed in such a location as to minimize visibility from streets, neighboring properties and common areas as much as possible. Play equipment is not to be placed within 10 feet of neighboring property line.

R . Patios, Outdoor Fireplaces, Permanent Fire Pits, Rock Gardens and Water: ACC approval is required for all patio, fireplace, permanent fire pit, rock or water gardens greater than 2 feet in any direction, water features and the like. All rocks are to remain in their natural color. The location of such a feature should be seriously considered by the homeowner so that the safety of household members and consideration to neighboring homeowners and adjacent lots. ACC approval is not required if the feature is not viewable from the street AND adjoining properties approve the plan.

Additional information may be requested by the ACC; however, the submittal for modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1. Plot plan of property showing the location of existing structures, location of proposed structure, and measurements between

2. Drawing, photo or product brochure of proposed unit with dimensions, materials and colors indicated or supplied.

S . Pools, Hot Tubs and Spas: ACC approval is required for all pools deeper than 2 feet and less than 10 ft in diameter or radius, hot tubs, surrounding decks, fencing and screening. No above ground pools shall be approved. Safety fencing for pool enclosures must met Cob County code requirements.

Additional information may be requested by the ACC; however, the submittal for modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1. Plot plan of property showing the location of existing structures, location of proposed structure, and measurements between

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2. Drawing, photo or product brochure of proposed unit with dimensions, materials and colors indicated or supplied.

3. Proposed plantings, type and location, for visual screening as needed.

Acceptable: In-Ground Pools, Hot Tubs, and Spas Not Acceptable: Above Ground Pools

T . Roofs and Re-Shingling: ACC approval is required for replacement, change to, or adding any roof or roof covering. Roofing material and color shall be asphalt 3-tab, architectural-look or architectural shingles. This is limited to asphalt shingles in the same color as is prevalent throughout Wetherbyrne Woods (copper, brown, light to dark gray, black). Roof pitches of less than 8/12 are unacceptable unless otherwise approved. Road facing roof surfaces shall have no penetrations for plumbing or heating vents, exhaust fans or sky lights. All roof stacks and flashing must be painted to blend with roof colors.

Acceptable: Asphalt Shingles. Metal roofs are limited to decorative /accent areas such as Bay window overhangs.

Not Acceptable: Cedar Shake Shingles, Gravel Roofs, Barrel Tile, Metal or rolled roofing materials.

Additional information may be requested by the ACC; however, the submittal for modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1. Photo, sample or product brochure of roof covering or feature with dimensions, materials and colors indicated or supplied as appropriate.

2. Physical samples of the proposed roofing style and color must be made available.

U . Seasonal Decorations/Exterior Decorative Objects: All outside holiday decorations must be removed no later than 30 days after the holiday. ACC approval is required for all permanently mounted exterior decorative objects exceeding thirty (36) inches in height and eighteen (18) inches in width or depth, including natural and man-made object. Decorative objects will be considered based on their size, color, scale, appropriateness with the surrounding area, and their visual impact of adjoining lots and open space. Exterior decorative objects include such items as sculptures, fountains, etc.

Additional information may be requested by the ACC; however, the submittal for modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1. Plot plan of property showing the location of existing structures, location of proposed structure, and measurements between

2. Drawing, photo or product brochure of proposed unit with dimensions, materials and colors indicated or supplied.

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V . Sheds: ACC approval is required for all sheds. Any shed should be constructed of like materials and colors to the home. This includes, but is not necessarily limited to, roof and siding materials. Maximum height should be one story or 12 feet (including roof). Placement should be at the rear of, and as near as possible to, the dwelling and out of view of frontage road(s). Sheds are not to be placed within 10 feet of neighboring property lines. Screening with evergreen plantings is desired to minimize neighboring views.

Acceptable: Sheds Constructed in the Style of the House

Not Acceptable: Aluminum Sheds, Steel Sheds

Additional information may be requested by the ACC; however, the submittal for modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1. Plot plan of property showing the location of existing structures, location of proposed structure, and measurements between.

2.Drawing, photo or product brochure of proposed shed showing all elevations (front, back and sides) with dimensions, materials and colors indicated or supplied.

3.Proposed landscape plantings, type and location, for visual screening as needed.

W . Siding and Exterior Finishes: ACC approval is required for any new or replacement siding or exterior materials. Acceptable materials for the exterior include Brick, Stucco (hard coat) and Stone. Fiber-cement board products may also be used. Decorative stone or stack stone with natural colored mortar joints are acceptable. No black mortar or weeping mortar is acceptable. Foundation walls must be covered with brick, stucco or natural stone. Paint colors, and the colors of materials such as brick and stone, must be in keeping with the natural, earth tones existing in the Community as covered in section Q above.

Lots within phase 3 are required to have a masonry front exterior.

Acceptable: Brick, Stucco, Stone, and Fiber-cement board products. Not Acceptable: Vinyl Siding, Masonite, Aluminum Siding

Additional information may be requested by the ACC; however, the submittal for modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1.Drawing of proposed changes showing all elevations (front, back and sides) with materials.

2.Photo, sample or product brochure of siding with materials and colors indicated or supplied.

3.Proposed paint color samples with color name, number and brand indicated or supplied where appropriate.

X . Signs: In order to maintain a neat, uncluttered appearance in the neighborhood, the use of certain types of signs is regulated. The following types of signs are considered pre-approved with the stipulated conditions:

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1. Political Signs: No Political signs are allowed.

2. Home for Sale/Rent Signs: Professional signs are allowed to assist homeowners in selling or leasing their homes and must be of the typical size and design most commonly associated with this sign type. One is allowed in the front yard of the homeowner's private property. Private Real Estate signs are prohibited in the front entrances of Wetherbyrne Woods or on any other amenity or other area owned by the Association.

3. Contractor Signs: Contractor signs are allowed only while work is being done. Signs must be removed no later than 14 day after work completion.

4. Lawn Maintenance Signs: Signs and the temporary stakes posted by lawn care treatment providers are allowed for no more than 48 hours following an application by the servicing company.

5 . Invisible Dog Fence Signs: Owners who install invisible dog fences are required to display an appropriate warning sign (example: Beware of Dog) on their property.

6.        Home Monitoring Service Signs: Signs indicating that the home/premises is monitored or serviced by a security monitoring service are allowed and must be of the typical size and design most commonly associated with this sign type. Only one sign is permitted per residence. This sign must be kept in good repair and placed in the front of the home within reasonable proximity to the front entrance and be viewable from the street. The sign should be kept straight on its post and replaced immediately if it is weathered, broken or unable to remain standing straight up and down.

7.        Location of Signs: The signs that are permitted above are intended to be placed on the private property of the homeowner. No sign may be placed on Wetherbyrne Woods common property or the entrances to Wetherbyrne Woods. The Board shall have the right to erect reasonable and appropriate signs on any portion of Wetherbyrne Woods common areas to promote community-wide events.

8.        Home Occupation Signs: There shall be no exterior evidence of a home occupation, including but not limited to any type of identifying signs. (Cobb County Ordinance 134-197 2b.-1)

Y. Window Replacement: Replacements should look similar to the home's original windows as not to detract from the overall physical appearance of the home. Vinyl windows must have sashes and a sill with the same look and size as a standard wood window. The width and height of the frame of each sash be about the same size as standard wood.

Additional information may be requested by the ACC; however, the submittal for modification should include at a minimum the Wetherbyrne Woods ACC Modification Form and the following:

1.    Photo, sample or product brochure of window with materials and colors indicated.

2.    Proposed paint color samples with color name, number and brand indicated or supplied where appropriate.

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Z. Structure

1.   Any structure which is intended to be used as a residence shall be a detached, single family dwelling not to exceed two and half stories in height.

2.   Dwelling Size: The ground floor area of any one-story single-family residential structure (not including porches, if any) shall be no less than 1,880 square feet.

3.   No structure shall be located on any lot nearer to a street boarding such lot than the minimum set-back line shown on the plat. No structure shall be located on any lot less than 10 feet from any interior boundary line of such lot, provided, however, that no structure shall be located on any lot less than 25 feet from the rear boundary line of such lot.

4.   Temporary Buildings: No temporary building, trailer, garage, barn or other

outbuilding shall be used either temporarily or permanently as a residence on any lot. Contractors and builders may place a trailer on a lot in connection with construction on that lot.

5.   Sewage Disposal: No individual sewage disposal system including, without limitation, septic tanks or cesspools shall be permitted on any lot.

6.   Garages: All single-family residential structures shall have a two car enclosed garage attached to such structure. No single-family residential structure shall have a carport.

AA. Omission of Specific Changes: Any change or modification to or on a Lot not specifically addressed in these Standards will require explicit approval of the ACC.

7.   Compliance

While the ACC will pursue voluntary compliance with these Design Standards, the ACC is empowered to levy fines and additional fees on violations.

A. Violations Procedure

1. A notice of violation will be send by email and/or U.S. Mail. The resident will have 10 business days to correct the violation or submit a written reply detailing a proposed corrective action. A courtesy verbal notification to the resident and any discussion will be noted but will not alter this procedure timetable

2. If the violation is corrected within the 10 business days, the ACC will send a reply acknowledging the correction.

3. If the resident replies within the 10 business days with a corrective action plan, the ACC will review and accept/reject the plan by writing within an additional 10 business days.

4. The resident can appeal the ruling in writing within 10 business days. The ACC will approve or reject the repeal within 30 days.

5. If no corrective action is taken by the resident, the ACC will access a penalty on the owner as outlined in Appendix A.

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6. Fines are due within 30 days of notification. After 30 days, a finance charge of 12% (annual) will be accessed. In addition, all ACC court and legal fees will be charged to the owner.

7. Re-occurring violations will be accessed an additional monthly charge as defined in Appendix A until the violation is corrected.

8. Failure to submit an ACC Modification Request Form BEFORE the commencement of a modification will result in an additional fine of up to $500.

B. The owner of the property is responsible for all violations regardless if they are the actual resident or landlord.

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