(c) objection to the exterior design, appearance or materials of any proposed Structure;

(d) incompatibility of any proposed Structure or use with existing Structures or uses upon other Lots in the vicinity;

(e) objection to the location of any proposed Structure upon any Lot or with reference to other Lots in the vicinity;

(f) objection to the grading plan for any Lot;

(g) objection to the color scheme, finish, proportions, style of architecture, height, bulk or appropriateness of any proposed Structure;

(h) objection to parking areas proposed for any Lot on the grounds of (i) incompatibility to proposed uses and Structures on such Lot or (ii) the insufficiency of the size of parking areas in relation to the proposed use of the Lot; or (i)any other matter which, in the judgment of the Architectural Committee, would render the proposed Structure, Structures or uses inharmonious with the general plan of improvement of the Property or with Structures or uses located upon other Lots in the vicinity.

In any case where the Architectural Committee shall disapprove any plans and specifications submitted hereunder, or shall approve the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement of the grounds upon which such action was based. In any such case the Architectural Committee shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal can be prepared and submitted for approval."

"Section 7.06. If any Structure shall be altered, erected, placed or maintained upon any Lot, or any new use commenced on any Lot, otherwise than in accordance with plans and specifications approved by the Architectural Committee pursuant to the provisions of this Article VII, such alteration, erection maintenance or use shall be deemed to have been undertaken in violation of this Article VII and without the approval required herein, and, upon written notice from the Architectural Committee, any such Structure so altered, erected, placed or maintained upon any Lot in violation hereof shall be removed or realtered, and any such use shall be terminated, so as to extinguish such violation.

If fifteen (15) days after the notice of such a violation the Owner of the Lot upon which such violation exists shall not have taken reasonable steps toward the removal or termination of the same, CPRA or the Association shall have the right, through its agents and employees, to enter upon such Lot and to take such steps as may be necessary to extinguish such violation and the cost thereof shall be a binding, personal obligation of such Owner as well as a lien (enforceable in the same manner as a mortgage) upon the Lot in question. The lien provided in this Section 7.06 shall not be valid as against a bona fide purchaser (or bona fide mortgagee) of the Lot in question unless a suit to enforce said lien shall have been filed in a court of record in Howard County prior to the recordation among the Land Records of Howard County of the deed (or mortgage) conveying the Lot in question to such purchaser (or subjecting the same to such mortgage)."

 

Article XI, Residential Protective Covenants and Restrictions

"Section 11.02. No profession or home industry shall be conducted in or on any part of a Lot or in any improvement thereon on the Property without the specific written approval of the Architectural Committee. The Architectural Committee, in its discretion, upon consideration of the circumstances in each case, and particularly the effect on surrounding property, may permit a Lot or any improvement thereon to be used in whole or in part for the conduct of a profession or home industry. No such profession or home industry shall be permitted, however, unless it is considered, by the Architectural Committee, to be compatible with a high quality residential neighborhood. The following activities, without limitation, may be permitted by the Architectural Committee in its discretion: music, art and dancing classes; day nurseries and schools; medical and dental offices; fraternal or social club meeting place; seamstress services.

WHY DO WE HAVE ARCHITECTURAL GUIDELINES?

The Covenants empower the Harper's Choice Architectural Committee to establish criteria for architectural changes and property maintenance. These guidelines therefore are an amplification of the Covenants in layman's terms and are designed to prevent excesses and abuses, while allowing individuals freedom and flexibility in property use. They were developed to keep our community an attractive and desirable place in which to live, while assisting residents in the preparation of applications for alterations to their property.

WHAT IS THE HARPER'S CHOICE ARCHITECTURAL COMMITTEE?

HOW DOES THE ARCHITECTURAL REVIEW PROCESS WORK?

Residents who are considering an exterior alteration to their home or property or a home industry or profession should review the Harper's Choice Village Guidelines for Exterior Alterations and In-Home Businesses which are contained in this booklet. They will help you in finalizing your plans and will tell you whether or not a formal application is required. Questions should be directed to the Village Covenant Advisor in the Village Office at Kahler Hall, who is there each week day.

If an application is required, one may be obtained at the Village Office. Completed applications should be returned to the Village Covenant Advisor who will hold them for review by the Architectural Committee during one of its public meetings. Architectural Committee meetings are currently held in Kahler all at 8:00 p.m. on the second and fourth Tuesday in each month. Applications should be returned to the Village office at least fourteen days prior to a Committee meeting in order to provide the Committee with time to visit the site, discuss the application with adjacent property owners, etc. should this be necessary.

Guidelines in effect at the time of the application are used to evaluate all proposed changes. Applications conforming to the guidelines are generally approved immediately and returned to the applicant with a few days of the meeting, in some instances, usually when information on the application is incomplete, the application is tabled until the Covenant Advisor can obtain the required data. Also occasionally applications are tabled until members of the Architectural Committee can visit the site of the proposed alteration. Tabled applications are generally resolved at the next meeting following the one where they were initially reviewed. In some instances the applicant may be requested to attend a Committee meeting to discuss the tabled application.

Residents who are part of a townhouse or condominium association should check with that association to determine if it has its own form of architectural guidelines and its own review process. Such associations may have guidelines which are more restrictive than those contained in this booklet but cannot have guidelines that are less so. In either case, final review authority rests with the Village Architectural Committee. Also, an exterior alteration application may be required of a townhouse or condominium association rather than an individual resident if the proposed alteration is to the exterior property in common. Questions should be directed to the Village Covenant Advisor if in doubt.

Howard County requires a building permit and inspection for many types of alterations and Architectural Committee approval of an application shall not be construed as a waiver of County building and zoning codes. Although the Committee assumes no responsibility for monitoring these codes, a known violation of them would be adequate grounds for denial of an application.

WHAT IF I DON'T WAIT FOR APPROVAL?

Proceeding with an exterior alteration or creation of an in-home business prior to obtaining written approval is a violation of the Covenants. The resident could be faced with the cost of modifying or removing the alteration to comply with the Architectural Committee's decision. In considering applications, the Committee will not be influenced for or against the application if work has commenced prior to approval. However, residents are urged not to undertake construction in advance. Prospective residents should contact the current owner or the Village office to determine if all alterations to the property have Architectural Committee approval.

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MAY I APPEAL THE ARCHITECTURAL COMMITTEE'S DECISION?

The Harper's Choice Village Board serves as an appeal body for the Architectural Committee. Applicants who wish to appeal an application which has been denied by the Committee may do so by stating their intent in writing within ten (10) days after receipt of the denied application. The appeal request should be forwarded to the Harper's Choice Village Covenant Advisor at the Village office in Kahler Hall. The Covenant Advisor will arrange an appeal hearing at a time which is mutually acceptable to the appellant, the Village Board and the Architectural Committee.

WHAT IS THE PROCESS FOR COVENANT ENFORCEMENT?

Alleged violations of the Covenants may be reported by any resident, who shall remain anonymous, to the Village Covenant Advisor or to any member of the Architectural Committee. If a bonafide violation exists, the property owner will be contacted in writing and asked to correct the problem, either by removal or submission of the application, or by repair in the case of a maintenance problem. Experience has shown that most problems are corrected in this manner.

If the initial correspondence does not correct the situation, the violator is served, via certified mail, with notice that legal action will be initiated if the problem is not corrected within fifteen (15) days. Should the problem continue to exist after expiration of the fifteen (15) day period, the Architectural Committee/Village Board may seek remedy in the courts, or may enter the property and correct the problem at the owner's expense and risk. All costs associated with these proceedings become the personal obligation of the resident and represent a lien on his property.

ANTENNAS AND SATELLITE DISHES

Satellite dishes, Antennas or Television Broadcast Service Antennas may not be installed on a pole greater than twelve (12) feet in height without the prior written approval of the Harper's Choice Architectural Committee.

2. Written approval is required for any Satellite Dish, Antenna, or Television Broadcast Service Antenna that exceed the sizes and criteria above.

An application is not required for a roof mounted ventilator which does not protrude more than twelve (12) inches above the roof surface, does not extend above the roof line, is located in an area not visible from the street and is painted to match the color of the roof.

All other ventilators require an application which must include the following information:

1. A description of the proposed ventilator indicating size, color and style.

2. A diagram, sketch or picture of the material to which
   it will be attached showing its exact proposed location
   and anticipated projection.
   

Where feasible, basketball backboards should be located so as not to be visible from the street. An application is not required if a backboard is attached to a house, carport or garage and is clear plastic, painted white or painted to match the background to which it is attached. A market square, however, in any color is allowed on the backboard.

Applications which deviate from this standard or which are mounted on free standing poles must include the following information:

1. A site plan to scale showing location of backboard in relationship to existing houses, trees and lot boundaries.

2. Description and color of all materials to be used.

CHIMNEYS AND METAL FLUES

An application is required for chimneys and metal flues and must include the following:

Chimneys which exit through a wall should meet the following criteria: for traditional style homes, the chimney should be of brick or stone masonry construction, or be boxed-in with materials to match the exterior wall. For contemporary style homes, the chimneys may be constructed as above, or an exposed metal pipe may be used if it meets the following requirements:

1. All sections of the pipe are plumb, with no tilted or diagonal sections.

2. The pipe is painted to blend with the structure.

3. "Zero Clearance" pipe is used, and is mounted directly against the structure.

4. The pipe should be located as inconspicuously as possible. An exposed pipe on the front face (street side) of a house will not meet this criteria.

CLOTHESLINES

An application will not be approved for clotheslines of a permanent nature. Temporary or retractable ones are permitted without requiring application as long as they are removed when not in use and are located to the rear of the house.

DECKS

Decks should relate in style and color to adjacent structures and should be located in the rear of the house, although other locations will be considered. The privacy of adjacent homes should be considered and plantings should be provided to screen post foundations or other structural elements to soften the visual impact.

Applications must include the following information:

1. Drawings showing the size and style of the deck, height above grade, and details of the railings and stairs.

2. Site plan showing relationship of the deck to the house, lot, and adjacent properties.

3. Any changes in window or door locations.

4. A description of materials to be used.

5. Color of the deck and indicate if the color matches the color of the house or trim. If not, specify the color of house, trim and proposed deck.

6. Description of any plantings, meters or air conditioners which must be removed for the construction of the deck and indicate the relocation of these items.

7. Description of proposed changes in exterior lighting.

DOG HOUSES AND RUNS

An application is required for all dog houses and runs. All applications should include the following:

1. A site plan showing the relationship of the dog house or run to the owner's home and property lines.

2. Dimensions and materials to be used.

3. The color of owner's home and proposed dog house.

DRIVEWAYS AND PARKING PADS

In general, driveways and parking pads are required to be constructed of portland cement concrete, for reasons of maintain-ability and uniform appearance. Other types of surfaces may be considered in cases of extremely long driveways or replacement of existing driveways. No application is required for the replacement of an existing driveway without change of materials or design.

An application is required for any new driveway construction, including the expansion of an existing driveway and should include the following:

Post lights have been installed in many areas in lieu of utility company provided street lights. For security and safety reasons, residents are urged to keep them operational.

Replacement of an existing light fixture, if accomplished with a realistic match to the old fixture, does not require an application. However, if a change in style, size, shape, color or location is desired or if additional fixtures are contemplated, an application is required.

Applications for exterior structure additions, e.g., a carport or garage, should include details of the proposed exterior lighting. All applications should include:

Lighting fixtures should be located or shielded so as not to shine or cast unwanted or excessive light on adjacent properties.

EXTERIOR PAINTING

An application is required when part or all of the exterior of any structure is to be painted or stained a color different than its existing color. Structures include, but are not limited to, houses, fences and sheds. A change in color refers to changes in shades or tones of existing colors as well as to completely different colors. When reviewing applications for color changes, the Architectural Committee will consider the harmony of new colors with dominant schemes and consistency with neighboring structures.

All applications must include the following information:

The Committee refers applicants to the Guidelines for Residential Fencing published by The Rouse Company, September 1970, for dimensions, definitions and suggestions of various fence styles. The Village office maintains a copy of the guidelines.

An application is required for all fences. The application should include, but is not limited to, the following:

In the case of a common or shared fence, an application should be submitted jointly by the affected neighbors. Gates should match the fence in material, style, color and height. Fencing should blend or match with existing adjacent fencing, or in the case of individual fences, normally should be stained to match wood siding of the applicant's house or the dominant stained wood trim of the applicant's house. Chain link, stockade and barbed wire fencing will generally not be accepted. Fence height should not be greater than is necessary for its intended use since fencing can have a significant impact on adjoining properties and open spaces. The height and style of the proposed fence should conform with other fencing in the area.

FLAGPOLES

GUTTERS AND DOWNSPOUTS

HEATING AND AIR CONDITIONING UNITS

An application is not required for all exterior heating or air conditioning units other than those installed at the time of initial construction of the structure and must include the following:

An application is required for all hot tubs and whirlpools. They should be located so as to be to the rear and between the side walls of the residence and generally not more than twenty (20) feet from it. In addition, they should not protrude more than three (3) feet above ground level and should be of a material that will blend with surrounding structures. An application should include:

IN-HOME BUSINESS AND PROFESSIONS

An application is required for all in-home businesses and professions. Application approval is valid for one (1) year only. The following criteria are applicable:

a. Where related business materials will be stored.

b. How products, service or materials will be distributed and advertised.

c. Impact of traffic and parking requirements.

d. Number and type of deliveries required.

e. Type and number of vehicles to be used in the business and the location where vehicles are to be parked.

f. The hours and days of operation of the proposed business.

Residents are referred to the "Guidelines for Residential Planting" for the suggested criteria to be used in evaluating applications for landscaping. A copy is available for review at the Village Office.

An application is not required for individual dwelling units for the planting of individual bushes (unless used as a hedge), foundation plants, annual or perennial beds, ground covers, trees, which at maturity, are in scale with the house, or the replacement of plants with similar ones.

An application is required for all other landscaping. It is recommended that plantings be arranged in clusters rather than in a straight line. An application should include but not be limited to a description of the types and sizes of all shrubs, trees, etc. to be planted, and a site plan showing the relationship of plantings to the house and adjacent dwellings and property lines. It is recommended that a master plan be submitted for the entire property.

LAWN ORNAMENTATION

MAINTENANCE

PROPERTY

Property ownership includes the responsibility for maintenance of all structures and grounds which are a part of the property. This includes, but is not limited to, mowing grass, removal of trash, weeding, trimming and pruning as appropriate. This also includes structural maintenance such as repairs of visible defects in houses, sheds and fences and repainting as needed. It also includes the maintenance of exterior lighting, e.g. of lamp posts when the community is dependent on that lighting for nighttime visibility. Harper's Choice residents are encouraged to recognize that proper maintenance enhances the visual character and economic values of the property and neighborhood as well as the safety of its residents.

TOT LOTS

Some condominium, homeowner associations and apartment complexes are responsible for the maintenance of tot lots. They should be properly maintained at all times so as not to detract from the appearance of surrounding properties.

Playground equipment must be kept painted and in good working condition or removed. When repainting is required, brown, green or earth tones should be used. Wood equipment, when practicable, is encouraged. Weeds should not be allowed to accumulate and the lot should be kept mulched or be resurfaced as appropriate. Trash should be collected on a regular basis.

MAJOR BUILDING ALTERATIONS

Major building alterations include but are not limited to construction of driveways, garages, carports, porches, rooms, fireplaces, chimneys, doors, windows, and any changes, additions, or subtractions which substantially alter the exterior of an existing structure. An application is required for any of these types of alterations and should include the following:

1. Site plan showing location of proposed structure and relationship to property lines and adjacent houses.

2. Detailed drawings and plans including exterior elevations and dimensions.

3. Description of materials e.g., type of siding on the existing house and proposed structure, color of proposed structure and trim, exterior lighting arrangements, etc.

All designs of major alterations should be compatible in scale, materials, and color and texture with the applicant's house and adjacent properties. New or altered pitched roofs should match the slope of the roof on the applicant's house. New windows and doors should match the type and the location of exterior openings of the existing house and changes in grading which could affect drainage must be indicated. Construction materials should be stored so that impairment of views from neighboring properties is minimized and excess material and debris should be immediately removed after completion of construction.

GARAGES AND CARPORTS - The general guidelines for major building alterations should be followed. In addition:

1. Detached garages and carports should relate to the appropriate style and design of the applicant's house.

2. The garage door should be without ornamentation.

3. Roof configuration and ridge lines should relate to that of the applicant's house.

ADDITIONAL ROOMS - The general guidelines for major building alterations should be followed. In addition:

1. Major features such as vertical and horizontal lines, projections and trim detail of the applicant's house should be continued onto the addition.

2. Additions should not significantly impair the view, amount of sunlight or ventilation of adjacent dwellings or the public use or enjoyment of open space.

3. New additions should not create situations in which adjacent neighbors will have difficulty adding to, modifying, or maintaining existing dwellings.

1. Additions should not adversely affect drainage conditions on adjacent properties through changes in grade or other significant run-off conditions.
   

PORCHES - The general guidelines for major building alterations should be followed. In addition:

1. Screening should match the color of existing windows and door screens.
   

GREENHOUSES - The general guidelines for major building alterations should be followed. In addition:

1. Greenhouses should be located in the rear of the house, although in special instances, front or side locations will be given consideration.

2. Greenhouses should maintain a continuity of building lines, materials, etc. with the primary structure.

3. Detached greenhouses should conform to the guidelines for storage sheds regarding location and size.
   

OTHER ALTERATIONS

PATIOS AND WALKWAYS

An application is not required to replace an existing patio or walkway with one of identical material. In addition, an application is not required if the proposed patio or walkway is completely enclosed within an existing opaque privacy fence as in many existing townhouse developments.

An application is required for all other new or expanded patios or walkways as well as those existing patios or walkways where a material change is proposed. All materials used should be of a neutral color, such as undyed concrete, stone, brick or treated wood. They should be built so that existing contours are minimally disturbed. Terracing to follow existing land contours should be built in small increments. The patios and walkways should be located to provide reasonable visual and acoustical privacy for both applicant and neighbors. Screening or plants should be considered where it is necessary to preserve such privacy.

All applications must include:

An application is required for all permanent grills and barbecues. They should be located inconspicuously behind the rear of the house and should blend as much as possible with the natural back-ground. An application should include:

An application is required for all major items of play equipment such as swingsets and sandboxes and should include the following information:

RE-SIDING AND RE-STYLING

An application is required when any structure is to be re-sided or re-styled in any material differing in color, texture or style from the existing siding. When reviewing applications for re-siding, the AC will consider the compatibility of style and color of materials with adjacent homes, and the changes in the style of trimwork at soffits, corners, eaves, windows and doors, and of accent panels, shutters and other stylistic features. This will be considered important where these elements contribute to the visual continuity of the neighborhood by evoking similarities in style among nearby homes. Also, the size and shape of the residence in relation to existing and proposed materials will be considered. All applications should include the following:

1. A picture of the house indicating the color and texture of existing siding materials.

2. A description of the proposed re-siding material including its color, texture and manner in which it will be applied. Color and texture samples must be submitted with the application. Changes in trim size and location, and removal or addition of other stylistic features should be noted.

3. A description of the proposed treatment of other structures, such as sheds. Re-siding or repainting may be required.

RETAINING WALLS

An application is required for all retaining walls and should include:

1. A site plan to scale showing the proximity of the proposed retaining wall to existing structures, trees and property lines.

2. A description of material to be used.

3. The proposed change in grade.

An application is required for shutters except when replacing existing shutters with those of an identical style and color. Shutters which are added to a house should be compatible with the style of the house and should be of proper proportions to match the window or door to which they relate. Shutter colors should be compatible with the colors of the house and neighborhood.

With the exception of signs advertising the sale or rental of property (and then only one sign per lot except for corner lots which are allowed two) no sign should be erected on any residential lot in excess of one foot square.

An application is required for any sign or advertising device on any property zoned for industrial or commercial use. Applications should include:

An application is required for all solar collectors. Because of the significant visual impact of solar collectors, it is important that they be concealed, to the extent practicable, in the exterior design of the structure. Collectors should therefore be installed to provide maximum advantage to the user while minimizing visibility.

Large collectors on a sloping roof must appear flush with that roof. If collectors are located on a flat roof, they should be set back and concealed with a parapet unless they are integrated with the structure's roof design. Small collectors may be placed on top of a sloping roof, if they are finished to appear like a skylight.

Collectors must be constructed of glass with wood or metal trim. All trim must be painted to match the background color of the roof or the house trim. Plexiglass will not be considered acceptable because it sags, yielding an unsatisfactory appearance. All pipe work must be concealed.

All applications must include a site plan plus elevations of the house showing the appearance of the collector. Details must show how the collector edges meet the roof. Applications that do not contain this information will not be considered for approval.

STORM AND SCREEN WINDOWS AND DOORS

Storm windows and screens do not require approval provided the color of their frames match the color of the existing window frames. Different storm windows and screen window frames require an application. All screen and storm doors require an application. Where practicable, the doors should be painted to match the entry door of the dwelling. However, consideration will be given to doors that match the color of the door frame. Approval will depend upon the design of the particular door and its relationship to the design of the house and adjacent houses.

All applications must include:

1. A description or picture of the proposed material.

2. Color and style of the proposed material.

3. Proposed locations.
   

An application is required for all awnings and sun control devices and should include the following:

1. The dimensions of the awning or device.

2. The color and description of materials to be used.

3. The color and style of the home.

4. A detailed drawing of the sunshade device or awning.

5. A description of the method of support and attachment to the structure.

Permanent awnings and sun control devices are generally discouraged. Awnings and devices should be compatible with the architectural character of the house, in terms of style, color and materials. Cloth is the preferred material for awnings and aluminum or fiberglass are generally not allowed. Awning design should not include fringes, scallops, or contrasting colored stitches.

SWIMMING POOLS

An application is not required for portable children's wading pools not more than six (6) feet in diameter and less than twenty-four (24) inches in height.

An application is required for all permanent pools. Pools should normally be located behind the rear of the house and be enclosed in a four (4) to six (6) foot high fence which is compatible with the design style of the house. Pool equipment should be similarly enclosed. Approval of the fence is contingent upon completion of the pool. Applications are referred to the fencing guidelines contained in this booklet.

An application should include the following:

1. Signatures of all adjacent property owners affected by the proposed pool.

2. A site plan showing location and dimensions of the pool, other related equipment, fences, etc. in relation to applicant's house, property lines and adjacent dwellings.

3. Detailed drawings and plans of the pool, deck area, lighting arrangements, walkways, fences, etc. and pertinent information concerning water supply system, drainage and water disposal system.
   

An application is required for all tool and storage sheds and must include the following information:

TREE REMOVAL

VEGETABLE GARDENS

An application is not required for vegetable gardens providing all the following conditions are fulfilled:

1. The garden is located between the rear line of the house or primary structure and the rear property line and is not visible from adjacent streets.

2. The size of the garden does not exceed one quarter (1/4) of the area described in condition one (1).

3. The garden is not planted on a grade exceeding a ratio of two feet to one hundred (100) linear feet.

4. The garden will not damage property below it through the flow of water onto the adjacent property.

An application is required for all situations which deviate from the preceding four conditions. A complete site plan is required with all dimensions clearly marked.

VEHICLES; PARKING AND STORAGE OF VEHICLES, BOATS, TRUCKS, TRAILERS, COMMERCIAL VEHICLES

Major vehicle renovation and/or repair shall not be undertaken except in enclosed garages. Outside storage of vehicles in a partially or completely disassembled condition is strictly prohibited.

Boats, trailers, inoperable vehicles, or vehicles without current tags or registration shall not be parked and/or stored in the open on any Lot.

Campers, recreational vehicles, commercial trucks and commercial trucks or commercial vans shall not be parked or stored in the open on any lot without the prior written approval of the Architectural Committee. Exterior Alteration Applications are used for this purpose. All vehicles meeting this guideline must be parked in a designated parking area, such as a driveway, parking pad or the street.

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WOODPILES

Woodpiles should be placed in an inconspicuous location on the owner's property, preferably at the rear of the house or primary structure. Wood should be neatly stacked. An application is not normally required providing these criteria are met.