These on-line CC&R's are only to be used as reference. Please refer to the printed copy of the CC&R's that you received when you purchased your home for the official copy.
Design Guidelines-Rules and Regulations
For
Chaparral Estates East
Adopted May, 2001
Submittal instructions for Architectural Committee
Review-Approval and/or Disapproval
Water Features, Statuary, Etc.
Driveway Extensions and Sidewalks
Fences and Walls including decorative walls
HVAC Including evaporative coolers
Water features, statuary, etc.
Security/Screen doors/sunscreens
Due to the nature of the community documents, it is important to converge all of the pertinent information regarding architectural submittals into one document-Design Guidelines and Rules and Regulations. These Design Guidelines and Rules and Regulations for Chaparral Estates East, as allowed in the Declaration of Covenants, Conditions and Restrictions (CC&R's) for Chaparral Estates East and all resolutions to date, will provide you with all the latest information relevant to improvements which will require approval from the Architectural Committee, per Article of the CC&R's.
The Design Guidelines, as set forth in this document, shall interpret and implement procedures for the Architectural Committee's review of, and the standards for the, but not limited to, architectural design, placement of buildings, landscaping, plant selection, color schemes, exterior finish and material, signage, and wall design. These documents are intended to enhance property values and high standards of development that exist within Chaparral Estates East. If a particular item is not indicated within this document, prior approval from the Architectural Committee is required. The Rules are established to assist residents in preparing an application to the Architectural Committee for structural and hardscape improvements. FOLLOWING THESE RULES DOES NOT ELIMINATE THE NEED FOR SUBMISSION OF PLANS FOR APPROVAL BY THE ARCHITECTURAL COMMITTEE. Each application will be reviewed on a case by case basis.
PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OR INSTALLATION, ALL PLANS MUST BE SUBMITTED TO THE ARCHITECTURAL COMMITTEE. APPROVAL TO PROCEED SHALL BE REQUIRED IN WRITING FROM THE ARCHITECTURAL COMMITTEE. FOLLOWING THESE GUIDELINES DOES NOT ELIMINATE THE NEED FOR SUBMISSION OF THE PLANS (EXCEPT AS NOTED).
APPLICATION PROCEDURE
Application and plans (which will be kept on file with the Association) should be mailed to:
Chaparral Estates East Homeowners Association
C/O Associated Asset Management
2400 E. Arizona Biltmore Circle Suite 1300
Phoenix, AZ 85016
(602) 957-9191 / Fax (602) 957-8802
The following information should be included with the submittal:
1. Application Form-A completed application form (copies may be obtained from the management office).
2. Plot Plan-A site plan showing dimensions, relation to existing dwelling and property lines (setbacks).
Measurements must be written on the plans. Plot plans are available at the sales office.
3. Elevation Plans-Plans showing finished appearance of improvement in relation to existing dwelling.
4. Specifications-Detailed description of materials to be used and color samples, and dimensions must be submitted.
All buildings, structures and other improvements erected within Chaparral Estates East, and the use and appearance of all land within Chaparral Estates East, shall comply with all applicable Higley zoning and code requirements as well as the Declaration and these Rules.
REVIEW-APPROVAL AND/OR DISAPPROVAL
The Architectural Committee shall have 60 days after submittal of plans to approved or disapprove plans. No verbal approvals/disapproval's will be given by the management company. All decisions will be mailed via US Mail.
Review and approval or disapproval will include, but not limited to, consideration of material, quality of workmanship, colors, and consistency with the external design and color of existing structures on the lot and on neighboring lots. The location of the improvement with respect to topography and finished grade elevation is also considered.
Neither the Architectural Committee, nor the Board of Directors, nor the Declarant shall have any liability in connection with or related to approved plans, specifications, or improvements. The approval of the plans does not mean that judgment is passed on the structural soundness of the improvement nor its effect upon existing or future drainage. The review of the plans is for aesthetic purposes only.
Approval Expiration- Construction must be started within 90 days of the date of the Committee's approval of the application or the Committee's approval shall be deemed withdrawn and plans must be resubmitted in accordance with these Rules.
Construction Period- Once started, construction shall be pursued diligently in order to assure prompt completion thereof. Absent a different deadline for completion of construction (which may be shorter or longer, at the Committee's discretion), such construction shall be completed within six (6) months of the date of the Committee's approval of the application.
Any appeal of the Committee's decision must be submitted in writing, within 30 days of the mailing date of the Committee decision, to:
Chaparral Estates East Homeowners Association
C/O Associated Asset Management
2400 E. Arizona Biltmore Circle Suite 1300
Phoenix, AZ 85016
THESE DESIGN GUIDELINES-RULES AND REGULATIONS MAY BE AMENDED FROM TIME TO TIME BY A MAJORITY VOTE OF THE BOARD OF DIRECTORS
DESIGN GUIDELINES
Receivers regulated by the FCC shall be installed in the preferred installation locations as follows in descending order of preference:
1. A location in the back yard of the Lot where the Receiver will be screened from view by landscaping or other improvements;
2. An unscreened location in the backyard of the Lot;
3. On the roof, but below the roof line.
4. A location in the side yard of the Lot where the Receiver and any pole or mast will be screened from view by landscaping or other improvements;
5. On the roof above the roofline;
6. An unscreened location in the side yard;
7. A location in the front yard of the Lot where the Receiver will be screened from view by landscaping or other improvements.
Receivers not regulated by the FCC require the approval of the Architectural Committee prior to installation.
The Architectural Committee must approve all awnings. Awnings over all windows shall be canvas or similar material, of solid color on both sides which will match the color of the body of the exterior of the home or roof color and shall be installed only on the side and/or rear of the home. All awning submittals must include a drawing with the location of the proposed awning installation. A sample of the material to be used, along with the color and design of the proposed awning is required. Owner is responsible for maintenance and repair of awnings. Association retains the right to determine when an awning must be repaired and or replaced due to weathering, fading, tearing, ripping, etc.
1. Only pole mounted backboard and goals are acceptable. Poles must be set in the ground permanently. Backboards shall not be attached to the house, garage or roof.
2. Goals installed on the "exterior" of the driveway require the adjacent neighbor's written approval.
3. Permanent basketball poles located in front or rear yards must be painted to match the color of the body of the exterior of the home.
4. Backboards must be of a predominantly neutral color (gray, black or white) or match the color of the body of the exterior of the home. Clear Plexiglas backboards are acceptable without painting.
5. All equipment must be constantly maintained. Broken backboards, disfigured or bent rims, ripped torn nets, chipped and/or peeling paint, etc., constitute grounds for fines and/or removal.
6. Only nylon or similar cord nets are acceptable. Metal or chain nets are expressly prohibited.
7. Courts may not be painted or permanently outlined on the driveway or other concrete surfaces.
8. Lighting for night use of the equipment is prohibited.
9. Portable basketball goals are expressly prohibited, except in rear yards with neighbor approval or at the Boards discretion.
10. Permanent basketball goals located in the rear yard must comply with all above applicable guidelines.
Basketball equipment does not need to be submitted for approval providing the equipment is in compliance with the above rules.
Chimneys shall be constructed of the same material and texture as the home. Exposed flues are prohibited.
Decorative items are allowed in rear yards and must be screened from view of neighbors and common areas. Front yard item(s) must be submitted for approval by the architectural committee. The Board of Directors reserves the right to require removal of decorative items in front yards based on size, quantity, color, and location and any other criteria that the Board may determine. Painted decorative items are prohibited in the front yard.
Seasonal and decorative flags, which are house mounted below the roofline, do not require approval. Seasonal flags must be removed within 30 days after the date of the holiday the flag pertains to. Flags must be maintained in good condition at all times. Torn, ripped, faded, etc. constitute grounds for fines and removal. Flags may not be offensive to neighbors or the Association. The Board of Directors shall make this determination at its sole discretion.
Holiday decorations may be installed 30 days prior to the holiday and must be removed within 30 days after the holiday.
The Board of Directors reserves the right to require the removal of decorative items in front yards based on size, quantity, color, location and any other criteria. The Board of Directors, at its sole discretion, shall make its determination on a case by case basis.
Decorative Art on houses shall be neutral in color and limited to two items. Dimensions of decorative art shall be no greater than three feet in length, width and diameter.
Water Features, Statuary, Etc.
Items such as fountains, statuary, etc., are permissible within the rear yard and do not require submittal to the Architectural Committee, except on Lots with view fencing. Any items installed in the rear yard must not exceed the fence line height. Such items must be approved by the Architectural Committee for installation in the front yard. Water features may not exceed 4 1/2 feet in height. It is recommended that water features be chlorinated. The Committee reserves the right to limit the size and quantity of statuary in the front yard, as well as rear yards with view fencing. Statuary must be of earth tones, no painted finishes, and must be approved by the Architectural Committee.
DRIVEWAY EXTENSIONS AND SIDEWALKS
Driveway extensions will be reviewed for approval provided the following conditions are met.
1. Only driveway extensions submittals located in the side yard of the property will be considered.
2. Submittals must include a plat with exact lot dimensions and the location and dimensions of the proposed extension.
3. The parking area may not exceed thirty (30) feet of contiguous area or fifty (50) percent of the lot width (existing plus extension) as measured at its widest point, whichever is less.
4. Homeowners with four (4) car garages will not be permitted to add a driveway extension since this will exceed the provision directly above. Rather, these homeowners will be permitted to request one of the following options:
a. A decomposed granite driveway which match the existing granite in the front yard. Homeowners may not park vehicles on this extension. Color samples must be submitted.
b. A sidewalk no more than three (3) feet in width from the rear of the yard to the existing driveway. Additionally, the sidewalk may not exceed three (3) feet passed the front edge of the home and not parallel driveway as to exceed the 30-foot limit.
5. The base driveway extension shall meet the existing driveway at a 45-degree angle.
6. Plant material is required within the 45-degree angle portion of the extension. A minimum of two-5-gallon plants are required. Plant type and location must be specified on the submittal.
7. The extension may not end within one foot of the adjacent property line. The area between the extension and the lot line must be landscaped with the same granite material used in the front yard or a material approved by the Architectural Committee. A minimum of three (3) 5-gallon plants must be planted in this area between the extension and the lot line.
8. Painting of paved surfaces is prohibited.
9. Please refer to the attached exhibit A for illustrative purposes on driveway extensions.
Sidewalks installed to utilize the side gates do not need to be submitted if all the following conditions are met:
1. The additional sidewalk is three (3) feet or less in width, is one foot or more from the property line and is one foot or further from the base of the home.
2. The strip between the home and the sidewalk addition must have decomposed granite or another approved inorganic groundcover installed per the landscaping guidelines or to match the existing inorganic ground cover.
3. No plant material or vegetation should be installed in this area. Ground planting and irrigation are prohibited in this area. All conditions must be met in order to proceed with installation without written approval.
The Architectural Committee reserves the right to review and request changes to the addition per these requirements. Additional sidewalks in any other location must be submitted for approval.
FENCES AND WALLS INCLUDING DECORATIVE WALLS
Plans to raise the height of a party wall must be submitted for approval with written permission from adjacent neighbor(s).
Plans for new fences or walls must be submitted to the Architectural Review Committee prior to construction. Walls must be stuccoed and painted to match the existing dwelling or wall in texture and color.
Access for pool installation must be obtained through the front gate access or by removing a portion of the front wall. Corner lots must receive prior approval to remove a portion of the sidewall.
No homeowner shall remove any portion of a perimeter wall for any purpose. To do so will automatically result in a $500.00 fine, plus the costs associated with replacing/restoring the wall to its original condition.
Decorative or garden walls may not exceed thirty-six (36) inches in height. Decorative or garden walls must be submitted for approval prior to installation, and be stuccoed and painted to match the base color of the home.
All requests for additional gates or gates other than that which were offered by the original developer of the lot/home must be submitted for architectural approval. Placement of said gate(s) must be approved by the Architectural Committee. Double gates may be installed to allow wider access to rear yards. All gates (double or single) should be of the same material, design and color as the originally installed single gates unless approved by the Architectural Committee. Gates located in an NVAE are limited to foot traffic only.
Gates may be painted to match the fence with approval from the Architectural Committee.
Gutters and downspouts will be considered for approval if the finish matches the color of the home. The Association strongly recommends use of high quality materials that offer long life, as the gutters must be maintained in good condition at all times.
HVAC INCLUDING EVAPORATIVE COOLERS
Except as initially installed by the Declarant, no heating, air conditioning or evaporative cooling unit shall be placed, installed, constructed or maintained upon any lot without the prior written approval of the Architectural Committee. All units shall be ground mounted, located within the perimeter of the rear yard and screened or concealed from view of non-residential neighboring property or public property.
LIGHTING - Click here to refer to Landscape Rules.
No machinery, fixtures, or equipment of any type, including, but not limited to, heating, cooling, air conditioning, refrigeration equipment, and clotheslines, may be placed on any lot or parcel without screening or concealment from view of non-residential neighboring property or public property.
Oil pans, carpet, boards or any other object used to collect oil spills from driveways must be removed when not in use so as to not be visible.
The paint colors used by the original developer are highly recommended for use in all instances. In the case of any variation from the original colors, the preferred colors are earth tones. Trim colors shall not dominate the exterior appearance and shall be of the same color range of the major color. The Architectural Committee prior to painting must approve colors.
Click here and follow the instructions to view all the approved community paint schemes.
Roofing materials should match that which were installed by the builder on the original roof of the home or that which were offered as an option by the as an option by the builder for a patio cover. Asphalt shingles (including rolled shingles) are expressly prohibited unless used on the original roof of the home.
Color of supports and material should match the color of the body or trim of the home. Roof shall be flat or match the pitch of the roof of the home. All patio covers, not installed by the builder, will need to be reviewed by the Architectural Committee on an individual basis, prior to installation, with strong consideration being given to any impact of architectural features in the neighborhood.
Plans for play structures and similar equipment must be submitted for approval since in most instances they protrude over the fence line. This is not to eliminate play structures, but assure nothing unsightly is erected.
The maximum height which will be considered for approval of swing sets and other play equipment without written approval of all immediately adjacent neighbors shall be eight (8) feet. An architectural submittal for any such structure which exceeds eight (8) feet at its maximum height must include the written input from all adjacent neighbors. In no case will the maximum height of any such improvement be permitted to exceed twelve (12) feet.
The play structure may be placed no closer than ten (10) feet to any lot line. When considering plan approval, the Committee will consider the appearance, height and proximity to neighboring property. Submittals must include a picture or photograph of the structure, total dimensions, materials and a plot map or drawing indicating the proposed location and its proximity to adjacent property lines.
The color of canopy of the play structure must be one of the following:
1. Canvas covers shall be of a "neutral" color of off white, beige or light brown.
Neighbor input shall include a signed statement acknowledging the proposed equipment; it's height, material and color. Neighbor's name and lot number must be noted.
Pools and spas do not require the prior approval of the Architectural Committee. Perimeter walls on lots bordering common areas and shared Homeowners Association walls may not be torn down to allow access to rear yards.
Access must be gained by removing a portion of the front wall on the side of the home. Repairs to the wall must be completed in a timely fashion and include repairing the wall to match the texture and color of the remaining wall. All pool and spa equipment must be screened from view of neighboring property. (Lots with view fencing must submit plans for screening for approval by the architectural committee.)
Pools may not be backwashed into any common area. Check with your pool contractor concerning City ordinance requirements for backwashing. Damage, including erosion, to common area due to backwashing will be repaired by the Association and all expenses incurred by the Association will be assessed to the homeowner.
The specifications for rear yard wrought iron pool fencing installation on a Lot with view fencing shall be of a neutral earth tone color to match or blend with the exterior color of the home and meet all City, State and Federal requirements.
Pool equipment on lots with view fencing must be screened from view from common areas. Screening may be through plant material or hardscape enclosure. Hardscape enclosures do not require approval if the enclosure does not exceed four (4) feet in height, stuccoed and painted to match the base color of the home. All other screen materials require approval from the Architectural Committee.
Asphalt shingles are expressly prohibited unless used by the builder on the original roof. Roof colors shall not produce glare, such as white, light colored aluminum or a reflective surface. All vent pipe stacks, gutters, flues and any other equipment protruding above the plane of the roof and visible from neighboring properties shall be painted and/or screened to match the roof.
No garbage or trash may be placed on any lot or parcel except in covered containers meeting City specifications, and must be stored out of sight. Trashcans may be placed out for pickup no more than twelve (12) hours prior to pickup and must be removed from view the same day as pickup. Rubbish, debris and garbage shall not be allowed to accumulate.
Each owner shall be responsible for removal of rubbish, debris and garbage not only from his lot or parcel, but also from all public right-of-ways either fronting or along side his lot or parcel, excluding (a) public roadway improvements, and (b) those areas specified on a Tract Declaration or subdivision plat to be maintained by the City or the Association.
Security lighting must be directed as not to shine on neighboring property.
Security features including but not limited to doors and windows must be submitted for approval.
SECURITY/SCREEN DOORS/SUNSCREENS
Wrought iron security/screen doors need not be submitted for approval provided they are painted to match the base color of the home.
Silver colored aluminum screen/security doors and/or wire screen mesh door are strictly prohibited.
Bronze, gray, charcoal, brown or beige sunscreen material may be installed and not submitted for approval provided that the window frame matches the sunscreen material or the existing window frames.
Reflective window films are expressly prohibited. Bronze or charcoal non-reflective window tinting may be installed without Architectural Committee review.
No signs shall be displayed on any lot except the following:
(A) Signs used by the Declarant to advertise the lots and residence thereon for sale.
(B) One temporary "For Sale" or "For Rent" sign with a maximum face area of five (5) square feet.
(C) Such signs as may be required by law.
(D) One residential identification sign with a maximum face area of eighty (80) square inches.
(E) Signs approved by the Architectural Committee.
All signs shall conform and comply with City ordinances. Signs advertising landscape or pool contractors, etc. must be removed within forty-eight (48) hours of completion of work.
Security signs must be located a maximum distance of two (2) feet from the front of the home. Security signs must not exceed twelve (12) inches by twelve (12) inches and must be maintained in good condition at all times.
Except as may be initially installed by the Declarant, no solar energy-collecting unit or panels shall be placed, installed, constructed or maintained upon any lot without the prior written approval of the Architectural Committee. Roof mounted solar panels and equipment must match the roof material. Panels can have a surface area of eight (8) feet by six (6) feet and must be an integrated part of the roof design and mounted directly to the roof plane. Solar units must not break the roof ridgeline and must not be visible from public view. Any solar panels and/or equipment exceeding a surface area of eight (8) feet by six (6) feet must be ground mounted and shall not be visible from neighboring property or public view.
Storage sheds will be permitted and need not be submitted for approval, provided the maximum height of the shed, including roof, do not exceed the height of the immediately surrounding wall(s) or fence(s).
Sheds whose maximum height exceeds the height of the immediately surrounding wall(s) or fence(s) are expressly prohibited.
Storage sheds on lots with a view fence are subject to the following provisions:
The shed may not be placed adjacent to the view fence. The shed must be screened from view with Approved plant materials or by other approved methods. Placement of the shed must be approved prior to installation.
Permanent draperies or suitable window treatments shall be installed on all front-facing windows within thirty (30) days of occupancy. No reflective materials, including but not limited to, aluminum foil, reflective screens or glass, mirrors or similar type material, shall be installed or placed upon the outside or inside of any windows. Exterior window coverings or treatments used to shelf or decorate openings must be compatible, with respect to materials and color, with the style and color of the home.
CHAPARRAL ESTATES EAST HOMEOWNERS ASSOCIATION
LANDSCAPE DESIGN GUIDELINES
Adopted May, 2001
WITHIN SIX (6) MONTHS OF THE DATE OF CLOSING, THE OWNER OF A LOT SHALL COMPLETE INSTALLATION AND IRRIGATION IMPROVEMENTS IN COMPLIANCE WITH THE FOLLOWING GUIDELINES AS ADOPTED AND AMENDED FROM TIME TO TIME, IN THAT PORTION OF THE LOT WHICH IS BETWEEN THE STREET(S) ADJACENT TO THE LOT AND THE EXTERIOR WALL OF THE RESIDENTIAL UNIT OR ANY WALL SEPARATING THE SIDE OR BACK YARD OF THE LOT FROM THE FRONT YARD OF THE LOT. BACKYARDS WHICH ARE VISIBLE FROM COMMON AREAS SHALL ALSO ADHERE TO THIS INSTALLATION TIME FRAME.
PRIOR TO AND AFTER INSTALLATION OF THE LANDSCAPE, OWNER SHALL MAINTAIN THE LOT IN A WEED-FREE CONDITION.
**PLANS FOR LANDSCAPE NEED NOT BE SUBMITTED FOR APPROVAL, PROVIDING THE FOLLOWING GUIDELINES ARE MET**
Front yard landscaping must have a minimum of two (2) fifteen gallon trees, four (4) five-gallon shrubs, two (2) one gallon shrubs and decomposed granite. Artificial turf or plant material is prohibited.
REAR YARD LANDSCAPE FOR LOTS WITH VIEW FENCING
Landscaping must be installed within six (6) months.
Borders may be installed without approval provided the border is made from red/brown brick or natural concrete not exceeding four (4) inches above grade and not exceeding six (6) inches in width. All other border material must be approved in writing.
Fine grading is a critical aspect of landscape. Each lot has been graded such that all storm water will drain away from the house. It is important that this drainage pattern be maintained when preparing the landscape design, especially if mounding or berming is proposed. In all cases, the installation must comply with the City grading and drainage plan. Every effort should be made to make mounding appear natural.
Any hardscape items proposed for front yard installation must be approved by the Architectural Committee. Only hardscape items that will be visible from neighboring property in the rear yard will require approval. Materials included in hardscape are concrete, brick, tile, wood, etc. Examples of hardscape items are planters, walkways, retaining walls, decorative walls and fountains.
Lighting, other than low voltage landscape lights, must be approved by the Architectural Committee. The following outlines the minimum standards for lighting;
(A) Lighting shall be shielded such that the light shines primarily on the lot on which it is installed. Lights which create excessive glare visible from other lots are prohibited.
(B) Outside, ground lights should be screened whenever possible with walls, plant materials or internal shielding.
Trellis or lattice must be painted to match the color of the home or where attached. Trellis or lattice must be securely attached. If higher than 6' (six feet) in height, trellis or lattice must be submitted for approval. Chicken wire is expressly prohibited.
The following vegetation types and varieties are expressly prohibited:
(A) Olive trees (Olea europaea) other than the "Swan Hill" variety.
(B) Oleanders (Nerium oleander) other than the dwarf variety and Thevetia. (Thevetia species).
(C) Fountain grass (Pennesethus setaceum) or Pampas grass (Cortanderia selloana).
(D) All varieties of Citrus are permissible within the confines of the rear yard only.
(E) Mexican Palo Verde (Parkinsonia aculeatea).
(F) All varieties of mulberry trees.
If decomposed granite or other landscape rock is used, it must be of an "earth tome" color and not white, green, blue or other bright colors. Artificially colored rock(s) or granite is prohibited. All rock area shall be treated with a pre-emergent weed control at regular intervals to retard weed growth. Planting underliner is discouraged.
The Association encourages water conservation.
WATER FEATURES, STATUARY, ETC.
Items such as fountains, statuary, etc., are permissible within the rear yard and do not require submittal to the Architectural Committee, except on Lots with view fencing. Any items installed in the rear yard must not exceed the fence line height. Such items must be approved by the Architectural Committee for installation in the front yard. Water features may not exceed 4 1/2 feet in height. It is recommended that water features be chlorinated. The Committee reserves the right to limit the size and quantity of statuary in the front yard, as well as rear yards with view fencing. Statuary must be of earth tone colors, non painted finishes, and must be approved by the Architectural Committee.
ANY ADDITIONS OR IMPROVEMENTS THAT CHANGE THE EXTERIOR APPEARANCE OF THE HOME OR PROPERTY, EXCEPT FOR ROCK GROUND COVER OR NATURAL VEGETATION, MUST BE APPROVED BY THE ARCHITECTURAL COMMITTEE.