design guidelines, rules, and standards at bethpage design... · desirability and attractiveness of...

of 51 Creekside at Bethpage Design Guidelines, Rules and Standards April 2016

ASSOCIATION, INC.

DESIGN GUIDELINES,

RULES, AND STANDARDS

Revised

April 2019


INTRODUCTION

Creekside at Bethpage (“Community”) is an age-restricted, residential master planned

community, located between the Raleigh-Durham Airport and Research Triangle Park,

Durham, NC, and subject to the recorded Amended and Restated Declaration of

Covenants, Conditions and Restrictions (“Declaration”) recorded on 02/19/2015 in the

Durham County Register of Deeds in Book 7644 Page 318, as amended or

supplemented from time to time. Pursuant to the authority granted in the Declaration,

the following Design Guidelines, Rules, and Standards (“Guidelines”) have been

established by the Declarant, AVH Bethpage, LLC, a North Carolina limited liability

company and adopted by the Creekside at Bethpage Association Inc. (“Association”)

Board of Directors (“Board”).

Certain terms appearing in this document have been capitalized. If a capitalized term is

not specifically defined in this document, the term shall have the meaning given in the

Declaration.

Each Owner, by accepting a deed or other instrument conveying an interest in any

portion of the Community, acknowledges that the Owners have a substantial interest in

ensuring that the improvements within the Community continue to preserve the value,

desirability and attractiveness of the Community. Each Owner agrees that no structure

or thing shall be placed, erected, installed, or posted on any portion of the Community

and no improvements or other work (including staking, clearing, excavation, grading,

and other site work, exterior alterations of existing improvements, or planting or removal

of landscaping) (“Work”) shall take place within the Community, except in compliance

with the Declaration and these Guidelines.

The following Guidelines set forth general standards and guidelines for proposed

Improvements and modifications by Owners to their Dwelling Unit and Lot. The

standards for use and conduct beds, maintenance and architecture at Creekside at

Bethpage are what give the Community its identity and make it a place which people,

as “good neighbors,” want to call “home.” Each Owner and Occupant in upholding such

standards can take pride in the results of that common effort. The Declaration and these

Guidelines establish procedures for adopting, modifying, applying and enforcing such

standards, while providing flexibility for Community Wide Standards to evolve as

Creekside at Bethpage grows and matures over time.


Table of Contents DESIGN GUIDELINES, ..................................................................................................................................... 3

RULES, AND STANDARDS .............................................................................................................................. 3

1.0 GENERAL GUIDELINES .................................................................................................................... 8

1.1 Creekside at Bethpage Architectural Review Committee (“ARC) ........................................................ 8

a) General ........................................................................................................................................... 8

b) ARC ................................................................................................................................................ 8

c) Fees ................................................................................................................................................ 8

d) Exceptions ...................................................................................................................................... 8

1.2 General Application Process .............................................................................................................. 8

a) General ........................................................................................................................................... 8

(b) Applications ........................................................................................................................................ 9

(c) Reason for Application....................................................................................................................... 9

(d) Required General Information ............................................................................................................... 9

1.3 Review Process .................................................................................................................................. 9

(a) Review ............................................................................................................................................ 9

(b) Variances ...................................................................................................................................... 10

(c) Reconsideration ............................................................................................................................ 10

1.4 Governmental Permits & Approvals Required ................................................................................... 10

(a) General ......................................................................................................................................... 11

(b) Changes ....................................................................................................................................... 11

1.5 Architectural Inspections ................................................................................................................... 11

(a) General ......................................................................................................................................... 11

(b) Notice of Noncompliance; Remedies ............................................................................................ 12

1.6 Contractor Related Matters ............................................................................................................... 12

(a) Licensing ....................................................................................................................................... 12

(b) Passes Required ........................................................................................................................... 12

(c) Work Hours ................................................................................................................................... 12

(d) Equipment ..................................................................................................................................... 13

(e) Cleanup ........................................................................................................................................ 13

(f) Site Spoils ..................................................................................................................................... 13

(g) Safety ........................................................................................................................................... 13

(h) Contractor Conduct ....................................................................................................................... 13

(i) Damage ........................................................................................................................................ 14

(j) Streets .......................................................................................................................................... 14

1.7 Declarant and any Designated Builder Exemption .................................................................................. 14


1.8 Amendments; Priority ............................................................................................................................. 14

2.0 MODIFICATIONS TO HOMES ............................................................................................................... 14

2.1 Drainage ................................................................................................................................................ 15

2.2 Items Not Needing Approval................................................................................................................... 16

2.3 Prohibited Conditions / Items .................................................................................................................. 16

2.4 Private Area ........................................................................................................................................... 16

3.0 DESIGN GUIDELINES, RULES, AND STANDARDS ............................................................................. 17

3.1 Additions to House ................................................................................................................................. 17

3.2 Architectural Features (Benches, Planters, Fire pits, Yard Lights, Decorative Seat Walls, etc.) .............. 18

3.3 Artifacts and Statues .............................................................................................................................. 19

3.4 Attic Fans ............................................................................................................................................... 19

3.5 Awnings, Umbrellas, Shade Devices ...................................................................................................... 19

3.6 Open Flame Devices – Charcoal/Gas/Propane/Oil/Wood ...................................................................... 19

3.7 Grills at Townhomes............................................................................................................................... 20

3.8 Bird and Squirrel Feeders and House .................................................................................................... 20

3.9 Covered Patio or Porch Modifications/Enclosures .................................................................................. 20

3.10 Decorative Components/Yard Decorations ........................................................................................... 21

3.11 Doors – Entrance ................................................................................................................................. 21

3.12 Doors – Storm and Screens ................................................................................................................. 21

3.13 Fences and Railings ............................................................................................................................. 21

3.14 Party Walls, Retaining Walls, Associated Railings and Party Fences ................................................... 23

3.15 Fences – Invisible Pet Fencing ......................................................................................................... 24

3.16 Flag Mounts and Flags ..................................................................................................................... 24

3.17 Fountains and Water Features ......................................................................................................... 25

3.18 Front Entry Coatings ......................................................................................................................... 25

3.19 Garage Windows .............................................................................................................................. 25

3.20 Generator ......................................................................................................................................... 25

3.21 Hoses ............................................................................................................................................... 25

3.22 Lights – External ............................................................................................................................... 26

3.23 Lighting – Low Voltage ..................................................................................................................... 26

3.24 Patios and Decks .............................................................................................................................. 27

3.25 Pavers .............................................................................................................................................. 28

3.26 Pergolas, Trellises and Arbors .......................................................................................................... 28

3.27 Play Sets .......................................................................................................................................... 29

3.28 Satellite Dish and Antennas .............................................................................................................. 29

3.29 Screening and Screens .................................................................................................................... 30


3.30 Seasonal / Holiday Decorations ........................................................................................................ 30

3.31 Signage ............................................................................................................................................ 30

3.32 Skylights, Solar Tubes and Sun Tunnels .......................................................................................... 31

3.33 Solar Collectors and Panels ............................................................................................................. 32

3.34 Spas / Hot Tubs ................................................................................................................................ 33

3.35 Windows ........................................................................................................................................... 33

3.36 Yard Sales and Garage Sales .......................................................................................................... 34

4.0 LANDSCAPING MODIFICATION REQUIREMENT AND GUIDELINES ................................................. 34

4.1 General ................................................................................................................................................ 34

4.2 Gardens ................................................................................................................................................. 36

4.3 Ground Cover ........................................................................................................................................ 36

4.4 Trees ...................................................................................................................................................... 37

4.5 Shrubs ................................................................................................................................................... 37

4.6 Edging Material ...................................................................................................................................... 38

4.7 Buffer Areas ........................................................................................................................................... 38

4.8 Irrigation System Guidelines................................................................................................................... 38

4.9 Prohibited Landscape Plants .................................................................................................................. 40

APPENDIX A - ARCHITECTURAL REVIEW REQUEST .............................................................................. 42

APPENDIX B – Garage Door Windows ........................................................................................................ 45

APPENDIX C – Fence and Railing Materials ................................................................................................ 46

APPENDIX D – Pergolas, Trellises, Arbors and Screens ............................................................................. 48

APPENDIX E - Edging ................................................................................................................................. 49

APPENDIX F – Storm Doors ........................................................................................................................ 50

APPENDIX G – Private Area ........................................................................................................................ 51


1.0 GENERAL GUIDELINES

1.1 Creekside at Bethpage Architectural Review Committee (“ARC) a) General

To provide guidance and direction to Owners and maintain, preserve and enhance the overall

character of the Community, a design review process has been established pursuant to these

Guidelines. This general rule applies to any modification to the exterior that impacts the

esthetics of your property including but not limited to: building improvements, landscape

improvements, landscape accessories, patio furnishings, spas, barbeque grills, courtyards,

fountains and other water features, fences, solar screens, satellite receivers, solar collectors,

exterior lighting, etc.

b) ARC

The Architectural Review Committee (ARC) also referenced to as the ACC or ARB, shall

review and approve all proposed Work of each Owner. The ARC’s jurisdiction shall extend

only to the external appearance of any improvement and shall not extend to structural integrity,

method of construction, or compliance with building code or other applicable legal requirement

or requirement of any governmental authority. ARC approval shall be subject to all applicable

legal requirements, requirements of applicable governmental authority, drainage, and other

similar matters.

• The Owner is responsible to ensure tenant compliance on leased/rented property.

• The Owner is responsible for meeting all building codes, legal requirements, or

requirements set forth by governmental authority.

c) Fees

The ARC may establish and charge reasonable fees for review of applications hereunder and

require such fees to be paid in full prior to review of any application. Such fees may include

the reasonable costs incurred in having any application reviewed by architects, engineers, or

other professionals.

d) Exceptions

No ARC approval shall be required to repaint the exterior of a structure in accordance with

the originally approved color scheme or to rebuild in accordance with originally approved

plans and specifications. Any Owner may remodel, paint, or redecorate the interior of his or

her Dwelling Unit without approval. However, modifications to porches, patios, and other

portions of a Dwelling Unit visible, or not, from outside the structure shall be subject to the

requirement of ARC review and approval.

1.2 General Application Process a) General

Prior to commencing any Work within the scope of these Guidelines, an Owner of property

in the Community (“Owner” or “Applicant”) shall submit to the ARC a completed application

(“Application”) with all of the required information, in such form and content as the ARC may

specify for ARC review and approval. The ARC may require the submission of additional

information. In reviewing each Application, the ARC may consider any factors it deems

reasonably relevant. These Guidelines will govern approval of Applications; however, if


interpretation is necessary, the ARC shall have the sole discretion to make final

determinations on matters of judgment and such determinations shall not be subject to

review.

(b) Applications

Applicant shall submit the Application to the ARC with two (2) complete duplicate sets of all

landscape or building plans (as applicable), at a minimum of 1/8” scale, folded to 8-1/2” x

11”, with a maximum size of 17” x 22” except for building plans, which may be 24”x 36”.

Refer to the landscape or building provisions below for additional submittal requirements.

(c) Reason for Application

The Applicant must indicate, in the Application, one or more of the following reasons for

requesting review by ARC:

• Landscape plans

• Alterations to existing building

• Concrete, hard, or impervious surface additions or alterations

• Wrought iron/aluminum fences and gates

• Patio covers and awnings

• Spas or Hot tubs

• Fountains or any other water feature

• Miscellaneous items (i.e., satellite receivers, solar screens, BBQ islands, exterior

lighting, signs, solar equipment, flags, yard art and statues etc.)

(d) Required General Information

The Applicant must also ensure that all required plans are submitted with the

Application, and include the following general information:

• North Arrow

• Street Names

• Submittal Date

• Date for any revisions, or plan re-issue

• Name, address, and phone number of Applicant

• Name, address, office telephone number, North Carolina Contractor’s License and

license number of Applicant’s Architect, Landscape Architect, Contractor, or other

consultants

• Sheet number and description

• Plot Plan/Survey Map that reflects the lot’s property lines, building setbacks,

easements, etc. with the location of the proposed alteration/addition or improvement

drawn clearly on the Plot Plan/Survey Map.

Note: Contractors not holding a North Carolina Contractors License will not be approved

for work in the Community.

1.3 Review Process (a) Review

Once a complete Application has been received, the ARC review period shall normally

take no longer than forty-five (45) days. Plans shall be retained in applicant’s file for the

ARC’s records. Copies of plans are available to Owners at the Association’s current

copying cost. Owners are also allowed to inspect their records during normal business


hours under the supervision of the Property Manager, or Property Management

Company. These plans shall be stamped either “Approved,” “Approved with Stipulations”

(subject to conditions as noted) or “Disapproved.”

Any application submitted and waiting for additional information more than thirty (30)

days from the date of the first inquiry with the applicant or contractor shall be deemed to

be stalled and will be returned to the applicant. Application fees are nonrefundable and

the application will be deemed void. The ARC will treat the application as if none were

submitted and a new application will be required with an additional application fee.

Required Follow-Up by Applicant In the event the ARC fails to advise the submitting party

by written notice within forty-five (45) days of either the approval or disapproval and

suggestions for curing the objections of the committee of the Plans, the ARC shall be

deemed to have disapproved the Plans. No items inconsistent with the Guidelines shall

be deemed approved, unless the ARC has granted a specific written variance.

(b) Variances

Specific written request by an Applicant for any variance shall be made to the ARC in

writing. The ARC may authorize variances in writing from its guidelines and procedures,

but only:

(a) in accordance with duly adopted rules and regulations,

(b) when unique circumstances dictate, such as unusual topography, natural

obstructions, hardship or aesthetic or environmental considerations, and

(c) when construction in accordance with the variance would be consistent with the

purposes of the Declaration and compatible with existing and anticipated uses of

adjoining properties. Inability to obtain, or the terms of, any governmental approval, or

the terms of any financing shall not be considered a hardship warranting a variance.

Notwithstanding the above, the ARC may not authorize variances without the written

consent of the Declarant and a Majority of the Affected Class B Members during the

Development and Sale Period.

Variances are granted on a case by case basis and the granting of a variance does not

set a precedent for the community nor alter these rules or standards found in these

Guidelines.

(c) Reconsideration

Applicants with disapproval from the ARC may, within fourteen (14) days of receipt of

disapproval from the ARC, request, in writing delivered to the ARC, an appeal to the Board

of Directors reconsideration together with any reasons or evidence supporting such

request. As a courtesy, the ARC will respond within fourteen (14) days.

1.4 Governmental Permits & Approvals Required To the extent that applicable City of Durham (“City”) Durham County (“County”) or North Carolina State (“State”) codes, ordinances, building code, or regulations (“Governmental Standards”) require a more restrictive standard than the standards set forth in these Guidelines, then the applicable Governmental Standard shall prevail. To the extent that


applicable Governmental Standards are less restrictive than these Guidelines, then the Guidelines shall prevail. Review and approval of plans by the ARC is an internal Creekside at Bethpage review process, and is not a substitute for the permit or approval process required by the City and/or County, or any other governmental body with jurisdiction. It is the Applicant’s responsibility to obtain all necessary governmental permits and approvals. In turn, approval of an Owner’s plans and specifications by the City, County, and/or any other governmental body, does not satisfy or eliminate the separate requirement for submitting the same application to meet the Creekside at Bethpage Guidelines and obtain ARC approval.

(a) General

Once an Application has been approved by the ARC and the applicant has received the

approval letter (all necessary governmental permits and approvals have been obtained

by the Applicant), the Applicant may start the Work. All Work must conform to approved

plans. If, at any time (without obligation to do so), the ARC determines that any Work is

not in compliance with these Design Guidelines, the Applicant shall be notified that the

Work is in noncompliance, pursuant to Section 1.6(b), below.

Timing to Commence and Complete Other Work (Building Additions, Pergolas, etc.)

Each Applicant shall have one hundred twenty (120) days from the ARC approval date

(“ARC Approval Date”) to commence the Work pursuant to the approved Application.

If the Work has not started within one hundred twenty (120) days from the ARC Approval

Date, then the ARC approval will be deemed withdrawn, and the Applicant will be

required to resubmit an Application to the ARC. Each Applicant shall have a period of

one hundred eighty (180) days from commencement of Work to complete the Work,

unless otherwise stated by the ARC on the approved Application.

The Applicant may request an extension by the ARC of the maximum time period allowed.

The ARC will have sole discretion as to whether to approve or disapprove the extension

request, but any such approval must be in writing and signed by the ARC Chairperson,

Property Manager, or Property Management Company. If the Work has not been

completed within the applicable time period, then ARC approval shall be withdrawn and

any incomplete Work shall be deemed to be in violation of these Guidelines.

(b) Changes

Any changes desired by the Applicant to an approved Application shall be resubmitted

and are subject to approval by the ARC prior to continuing or beginning the changed

Work. Close cooperation between the Applicant and the ARC may be required for review

of changes in a timely manner. If, during the City or County approval process (if

applicable), changes to the plans are required by the governmental authority, then the

Applicant shall promptly notify the ARC of same, and shall obtain written approval of the

ARC prior to implementation of such changes by the Applicant.

1.5 Architectural Inspections (a) General

If requested by the ARC, or the Board, the Applicant shall reasonably schedule

inspections of the Work to permit the ARC the opportunity to observe whether the Work

is in compliance with approved plans. The ARC may also make additional, unscheduled

informal inspections. The Applicant may designate in writing, a contractor or other


representative to represent the Applicant in connection with any inspections by the ARC

or the Board. ARC inspections are observations only, and do not relieve the Applicant

of obligations to obtain inspections required by the City, County, or other governmental

authority with jurisdiction.

(b) Notice of Noncompliance; Remedies

If the Work is found not to be in compliance with these Guidelines, or the approved

Application, then the ARC may issue a notice of noncompliance, which shall specify in

reasonable detail points of noncompliance, and shall require the Applicant to correct all

items, within a specified period of time.

The ARC will reasonably endeavor to encourage the Applicant to bring the Work into

compliance, prior to issuing a written notice of non-compliance or a Stop Work Order.

Following a notice of noncompliance, further performance of Work by the Applicant is

prohibited (unless specifically permitted by the ARC in writing), until the non-complying

items have been brought into compliance.

If the Applicant fails to remedy the noncompliance within the given time period, then the

ARC will notify the Applicant that action may be taken to remove or correct the non-

complying item(s), to seek injunctive relief, and/or to recover any losses or damages

through legal action. A fine may also be imposed by the Association on the Applicant, not

to exceed any maximum amount allowed by law. Time allowed to cure is at the discretion

of the ARC depending on the type of work involved.

1.6 Contractor Related Matters (a) Licensing

Each contractor or subcontractor (collectively, “Contractor”) of Applicant must possess

an North Carolina Contractors License, shall be bonded with the State of North Carolina,

and shall fully comply with all applicable legal requirements.

(b) Passes Required

Contractors may be required to use designated construction entrances when entering or

leaving Creekside at Bethpage. Access to the Community will be restricted to the Lot or

Lots for which the Contractors are currently employed. Access will be permitted only

during working hours as listed below.

(c) Work Hours

All Work shall be limited to the following hours only (subject to Durham County and City

of Durham restrictions):

• Mondays through Saturday: 7:00 A.M. to 8:00 P.M.

• Sunday: No work shall be performed on Sunday

In no event (subject to unique circumstances) will any Contractor or its employees be permitted

to work within the Community, or the following holidays:

• New Year’s Day

• Independence Day

• Labor Day

• Memorial Day


• Thanksgiving Day

• Christmas Day

Site access may begin one half-hour prior to beginning work. One additional half-hour

is also allowed for leaving each day.

(d) Equipment

Applicants are responsible for ensuring that their Contractors shall remove all equipment,

materials, supplies and temporary structures from the job site each day after work, and

are to leave the area neat and clean. Equipment not in daily use must be removed from

the job site. Any materials temporarily stored on the street or sidewalk must have a tarp

or plywood underneath. No such storage may exist longer than forty eighty (48) hours.

Anything left on the street requires safety cones with reflective tape. Fines may apply if

such safety measures are not adhered to.

(e) Cleanup

Applicants are responsible for ensuring that their Contractors keep streets, curb and

gutters, and adjacent properties, clean and free of dirt, trash, debris, or other material

related to or caused by the work, and promptly cleaning up all street spills.

A $500.00 (Five Hundred and 00/100 dollars) fine will be assessed to the owner when

material is in the street for longer than a forty-eight (48) hour period. The fine will be due

and payable within ten (10) days of the notification of violation of the policy. If the material

is not cleared within five (5) days of notification of the fine, an additional fine of One

Hundred and 00/100 dollars ($100.00) per day will be assessed to the Owner until the

material is removed from the street.

Applicants are responsible for ensuring that their contractors shall remove all landscape

material/debris from the street. Failure to do so will result in a fine to the Owner based

on the Governing Documents Fine Policy.

(f) Site Spoils

Applicants are responsible for ensuring that any spoils generated from the site grading

must be placed on their Lots only. No material may be placed on any street or Common

Area. Storage of spoils on adjacent property will not be permitted without the written

permission of the adjacent Lot Owners or Declarant. Such written permission must be

on file with the ARC prior to placement.

(g) Safety

Contractors shall place reflective cones around all equipment, materials and Supplies

immediately upon arrival at the job site if encroaching the street or the sidewalk. This

also includes any spoils from the site as well.

(h) Contractor Conduct

Applicants are responsible for ensuring that their Contractors control the conduct of their

employees while on site. Profanity, loud music, or offensive behavior will not be tolerated

at any time or under any circumstances, and no alcoholic beverages will be allowed or

consumed by any Contractor or its employees in or on the premises. Any person

observed violating this policy will be asked to immediately leave the project. If the person


does not comply, that person may be denied access to the project. Personal trash shall

not be left anywhere on the job site, any Lot or Common Area.

(i) Damage

Any damage to adjacent property or Common Area by an Applicant’s Contractor or its

employee or agent must be corrected immediately at the expense of the Contractor. If

the damage is not repaired in a timely manner to the satisfaction of the ARC or Board,

the damage may be corrected or repaired, and costs will be assessed to the Applicant.

Each Applicant shall hold harmless the Declarant, any affiliate of Declarant, the ARC,

the Association, the Board, and their respective employees, for any damage caused

during or after construction by alterations to the Applicant’s property with respect to the

installation of landscape, or alteration to building.

(j) Streets

All blacktop, asphalt streets require protection from materials unloaded at the job site.

This includes lumber, plants, boulders, stone ground cover, lot spoils, etc. and extends

to materials being pumped, such as concrete. Plywood is the recommended form of

protection to use.

1.7 Declarant and any Designated Builder Exemption As set forth in the Declaration, the Guidelines shall not apply to any work or other activities

of Declarant, any affiliate of the Declarant.

1.8 Amendments; Priority For so long as Declarant or any Additional Declarant owns any property which may

become subject to the Declaration by annexation in accordance with the Declaration,

Declarant or any Additional Declarant shall have the exclusive right and power to modify,

repeal, or expand, the Guidelines.

Upon termination or delegation of Declarant’s right to amend, the ARC shall have the

authority to amend these, with the Board’s consent. Any amendments to the Guidelines

shall be prospective only, and shall not require modifications to or removal of structures

previously approved once the approved construction or modification has commenced.

There shall be no limitation on the scope of amendments to the Guidelines, and such

amendments may remove requirements previously imposed or otherwise make the

Guidelines more or less restrictive.

The Declaration and these Guidelines shall be construed to be consistent with one

another to the extent reasonably possible. Inclusion of more stringent standards or time

periods in the Guidelines shall not be deemed to irreconcilably conflict with the

Declaration, but shall be given priority. Subject to the foregoing, in the event of any

irreconcilable conflict between the Declaration and the Guidelines, the Declaration shall

prevail.

2.0 MODIFICATIONS TO HOMES

All modifications to homes shall be built within the building setback lines originally


established for Creekside at Bethpage with the requisite approval of Durham County

regardless of any more lenient requirements of any local governmental authority.

All materials used in maintenance, repair, additions and alterations shall match those

used by the Declarant as to color, composition, type, and method of attachment. The

ARC may allow substitute materials if such materials are deemed to be compatible with

the theme of the community.

When any additions, alterations, or renovations are performed to an existing detached

home, the established lot drainage shall not be altered. Any Owner or Resident who

changes the existing grading or drainages shall be liable for all costs and expenses of

repairing such changes, or any costs, liabilities, damages or causes of action arising out

of such changes.

Required with request: Plot Plan/Survey Map, Pictures or Brochures, building plans,

Material list, City of Durham Permits and Contractor.

2.1 Drainage Owners are required to maintain any Declarant/Builder-installed drainage. Each Lot is

required to maintain its own drainage flows. When any additions, alterations, or

renovations are performed to an existing detached home, the established lot drainage

shall not be altered.

Any Owner or Resident who changes the existing grading or drainages shall be liable for

all costs and expenses of repairing such changes, or any costs, liabilities, damages or

causes of action arising out of such changes. All roofs and sump pump ejector lines shall

drain to the ground solely within the deeded lot area and may not be discharged closer

than three feet (3 ') of any neighboring property.

Drain lines which direct roof drainage or sump pump water must be approved by the

ARC and will comply with the following standards:

a. A drain line plan with pipe sizes, discharge locations, emitters, and existing drainage

patterns must be submitted on a Plot Plan of the property to the Reviewing Entity for

consideration.

b. Air gaps must be provided between downspouts and sump pump ejector lines and

drain line extensions.

c. Drain line extensions may not discharge water directly perpendicular to a neighboring

property or an existing drainage flow-line. Drain line alignments shall be set so that

discharge water flows in the same basic direction as existing flow-lines on the lot.

Emitters, water disbursement, and/or erosion control measures must be provided to

eliminate erosion of the soil on the lot.

d. Roof drain downspouts, sump pump ejector lines, or any other surface runoff or

groundwater may never be connected directly or indirectly to any public sanitary sewer

system.

e. Gutters and downspouts shall match those originally installed in color and

composition.

f. No alterations or improvements shall be made which provide a roof pitch that varies

from the roof originally constructed.


2.2 Items Not Needing Approval • Approvable plants and shrubs in a previously mulched area as originally established by

the Declarant.

o See Prohibited plant list in Section 4.9 and the Landscape Manual for City of

Durham (Landscape Manual).

o See Approved Trees and Shrubs in the Landscape Manual for City of Durham

(Landscape Manual).

• Portable barbecues/gas grills and portable umbrellas meeting these Guidelines.

• Front Storm Doors that meet requirements in Section 3.12.

• Exterior Hose Holders as stated in Section 3.20.

2.3 Prohibited Conditions / Items The following conditions/items shall be prohibited from use in Creekside at Bethpage:

• Dog runs, animal pens, fences of any kind except as approved

• Artificial vegetation (i.e. silk, plastic etc.)

• Open garage doors

• Excessive exterior lighting on any Lot

• Outdoor playground equipment (except within any common Area)

• Bird or squirrel houses exceeding the roof eave in height

• Children's play equipment

• Outdoor playground equipment

• Clothes lines or clothes poles

• Detached garages

• Driveway Expansion or Pavers (in or near driveway)

• Permanent sports goals or similar devices Permanent swimming pool.

• Stand-alone flagpoles

• Storage buildings or sheds

• Tents of a permanent nature or used as patio cover or shade structure (provided that

temporary tents for special events may be approved by the ARC)

• Compost piles or containers

• Dog runs, walls or animal pens

• Roof mounted items (see section for reference to solar equipment)

• Game courts

• Excessive exterior lighting on any Lot

• Temporary or permanent storage buildings or sheds

• Furniture, fixtures, firewood, appliances, machinery, equipment, or other goods or

chattels which are not in active use.

• Window/wall Air Conditioners

• Plastic (i.e. Storage units, children’s toys, flowers, wreaths, lawn furnishing etc.)

• Curtains or fabric hanging in Front Private Area.

2.4 Private Area The front Private Area includes all portions of the Lot bounded by a line extending from

the original side foundation walls in the front of the home to a line one (1) foot from the

original front service walk (sidewalk) or ten (10) feet from the curb if no sidewalk exists.


There must be at least twenty five percent (25%) grass in the front Private Area excluding

the driveway and walkway to the front door.

The rear Private Area includes all portions of the Lot bounded by a line extending

between the original side foundation walls of the home and the rear and side building

setback between two (2) adjoining Lots or between a Lot and the Common Area.

Plans for any installation must be in conformance with the provisions of these Guidelines

and contain acceptable plantings and materials and the approval of the ARC. The ARC

may consider the following criteria when reviewing a request hereunder:

1) the impact the improvements will have on views, both on and off the subject lot,

2) the impact the improvements will have for purposes of future maintenance of the areas

affected by said improvements, and

3) whether the improvements will enhance the overall appearance of the community.

The ARC shall have the express right to specify the location of any such improvements

outside the Private Area.

In addition to prior approval by the ARC, each Owner proposing any such improvements

must first obtain the written acknowledgement of all Owners who own lots which are

adjacent to the lot which is the subject of such improvements.

See Appendix G.

3.0 DESIGN GUIDELINES, RULES, AND STANDARDS The construction, erection, or placement of anything, permanently or temporarily, on the

outside portions of a home or upon or within a front, side, or rear yard, whether such

portion is improved or unimproved shall include, without limitation, obtaining the prior

written approval of the ARC in accordance with the procedures of the Guidelines.

Such approval shall be subject to the restrictions, requirements and conditions set forth

in the applicable governing documents, including the Declaration, as amended or

supplemented from time to time, Recorded Easements, and other Rules and

Regulations.

3.1 Additions to House Additions to the home such as adding a screened enclosed porch, or veranda (with or

without windows) or a sunroom which has windows, insulation, and a climate-controlled

environment may be added to occupied homes only under the following conditions:

a. The impervious surface must be within the forty percent (40%) rear Private Area.

This includes any egress required by City of Durham or Durham County or any

other governing entity or any additional impervious surface areas for use of grills,

etc. (maximum impervious surface allowance: 40’ wide lot = 2830; 50’ wide lot =

3225; 60’ wide lot = 4007; and 70’ wide lot = 4435), and any landscaping around

the addition.


b. The addition does not obstruct view corridors as described in the Private Area

definitions.

c. The water flow resulting from the additional hard-scape does not affect any

neighbors or create additional erosion issues.

d. The addition must comply with the following:

• The roof pitch must be the same as the roof originally constructed or

similar to the optional structure offered by Declarant. The shingles must

match the original house shingles in type, texture and color. Roof

construction must be similar to other Creekside at Bethpage roofs.

• Siding should match the color and style of the main house.

• Each screened area, porch, or sunroom requires a similar foot print and

roof-line used by the Declarant in the construction of the main house.

• Soffits, gutters, and downspouts must match the color and style used by

Declarant in the construction of the main house.

• Any windows and doors should match the colors and styles used in other

Creekside at Bethpage construction. All hardware should be comparable

to that of the original hardware. Transoms can be used above doors and

windows where practical. Windows are also subject to restrictions

covered elsewhere in these Guidelines.

Required with request: Plot Plan/Survey Map, Pictures or Brochures, detailed building

plans, materials list, Contractor, and City of Durham or Durham County Permits.

3.2 Architectural Features (Benches, Planters, Fire pits, Yard Lights, Decorative Seat Walls,

etc.) Landscape architectural features include such items as benches, planters, fire pits, yard

lights, etc. that are an integral part of a landscape architectural design. All outdoors fires

must be fueled by natural gas, propane, wood, charcoal or electricity. Drawings must be

provided to the ARC which clearly show the location, size, and materials planned for

these features. In addition, a photograph of the home and the relationship of the feature

to the existing or proposed landscape must accompany the submittal. Landscape

architectural features may be located in the front or rear Private Area of the lot only. Lawn

furniture must be stored in non-grassy portions of the Private Area.

Decorative seat walls may be located on or bordering patio in the rear Private Area only

with ARC approval. Decorative seat walls shall not exceed twenty-four (24) inches in

height. Pillars or columns shall not exceed thirty-six (36) inches. Such decorative seat

wall, pillars or columns shall be of the same material and color as the home or enhanced

by stone or other accents that are consistent with that used on the homes within

Creekside at Bethpage.

Outdoor fires may be fueled by natural gas, charcoal, wood or electricity in fire pits,

barbeque grills and smokers. Please be mindful of your neighbors while smoking meat.

Required with request: Plot Plan/Survey Map, Picture, Material list, and Contractor.


3.3 Artifacts and Statues Components such as statues, benches, wagons, wagon wheels, representations of

animals, weather vanes, bird baths, hanging baskets or any other miscellaneous

ornamentation and yard decoration items are not permitted outside private areas

Approved private areas are: Partially enclosed rear courtyards, covered porches and

porticos and the portion of the lot near the front entry door of the house enclosed on

three (3) sides by the home.

Potted plants are not considered yard art; however, pots that are larger than three (3)

feet tall or three (3) feet wide or are non-neutral colors must be submitted to the

Architectural Review Committee (ARC) prior to installation, and may only be installed

upon receipt of written approval from the ARC. Hanging Plants on Poles must be installed

in mulch bed and neutral in color. No more than two (2) Hanging Plants per rear yard.

No more than four (4) on structure. i.e. front porch.

3.4 Attic Fans Attic fans are permitted as long as no more than two (2) can be viewed from the street

at any one spot. If roof mounted, the color must match the color of the roof. Contractors

must comply with the local building codes.

3.5 Awnings, Umbrellas, Shade Devices Awnings or similar shading devices are permitted on the rear of the home only, and must

be solid, light to medium earth-tone in color to match the exterior siding of the home as

closely as possible. Awnings must remain retracted at night. No advertising, stripes,

patterns, or logos are allowed on awnings. Awnings must be installed over a patio area

and not over turf. Required with request: Plot Plan/Survey Map. Picture. Material list and

Contractor.

3.6 Open Flame Devices – Charcoal/Gas/Propane/Oil/Wood Built-in or portable barbecue, open-flame, or gas grill units shall be for cooking only and

must be located within the rear yard Private Area. Built-in open-flame units must be

designed as an integral part of the home. Location must be carefully planned to minimize

smoke or odors affecting neighboring properties. For safety, the location from the

residence of any grill unit must take into account local requirements and

recommendations.

The Durham Fire Department recommends a distance of at least Ten (10) feet from any

wall of the single-family home. The Association will not be responsible for damages if the

applicant chooses to ignore all safety requirements and recommendations. Built-in or

portable gas grills requiring installation of a gas line, and/or electricity requires an

application be submitted to the ARC.

Portable grills must be stored on a hard surface, such as concrete (grey in color) or

pavers (grey in color or earth tone in color). Installation of a surface for such purpose

may not exceed four feet by four feet (4’ x 4’).

Outdoor fires may be fueled by natural gas, propane, charcoal, wood or electricity in fire

pits, barbeque grills and smokers. Please be mindful of your neighbors while smoking

meat. Maximum size of Propane tanks is Twenty (20) Lbs.


3.7 Grills at Townhomes Section 504.8 of the North Carolina State Fire Prevention Code prohibits outdoor grilling

within ten (10) feet vertically and horizontally of all Townhomes.

The code applies to grills and appliances fired by charcoal, propane, natural gas, wood in

grills, propane grills, hibachis, smokers, or any appliance which use an open flame to

cook. These regulations apply only when grills are in use.

The storage of grills when they are not in use, or when they're cool and not subject to

creating a fire hazard, is not regulated by this requirement. In addition, the following

clarifications:

• These regulations also apply to portable electric grills if the grill contains loose

heat storage material such as lava rocks.

• The storage of grills with LP tanks having water capacity greater than 2 ½

pounds is permitted only on decks, porches, and patios at ground level or those

which have exterior stairs for access. This is a National Fire Protection

Standard requirement.

• The ten (10) feet of clearance also applies to combustible materials such as

pine straw, pine bark, and other combustible landscaping materials.

• The regulations do not apply to fixed grills, but strict attention should be paid to

the grill instructions to ensure that the required clearances are maintained.

Required with request: Plot Plan/Survey Map, Picture, Material list and Contractor.

3.8 Bird and Squirrel Feeders and House Up to two (2) Bird House or Squirrel Feeders not exceeding the roof eave in height may

be permitted in the rear Private Area. One Bird feeder is permitted in the front Private

Area. Installation on perimeter walls or aluminum fences and under/on house eaves is

not allowed.

Required with request: Plot Plan/Survey Map, Picture, Material list.

3.9 Covered Patio or Porch Modifications/Enclosures Modifications to an existing covered lanai will be considered providing that the

modification does not exceed the original maximum structure as designed and offered

by the Declarant for that house.

This recognizes that the original community plan maximizes the size of the homes for impervious surfaces (maximum allowance: 40’ wide lot = 2830; 50’ wide lot = 3225; 60’ wide lot = 4007; and 70’ wide lot = 4435), drainage, view corridors, and aesthetics given high density zoning. Modification requests may be submitted to enclose an existing covered porch/lanai. Applicants are cautioned that enclosing a covered porch/lanai that blocks egress from the master bedroom with glass may not be permitted or may require additional home modifications due to fire regulations. The ARC may require either a building permit, or written proof that the proposed

modification is not in conflict with any fire regulations prior to project commencement.

Required with request: Plot Plan/Survey Map, Design, Pictures/Brochure, Contractor,

and Materials List.


3.10 Decorative Components/Yard Decorations Decorative Art on houses shall be neutral in color.

The combined number of decorative components/yard decorations in the yard is limited

to a maximum number of five (5) items in the front yard area and five (5) items in the rear

area.

Dimensions of decorative art shall be no greater than three feet (3’) in length, width, and

height so as to not dominate the appearance of the home. All yard art and/or decorations

must be approved by the ARC, prior to installation.

Hanging plants on poles must be installed in mulch bed. No more than two (2) hanging

plants, on poles per lot. All yard art must be located in a mulch bed or on the covered

front porch or rear patio.

Benches or any other furniture will be considered only when located on the front porch

or rear patio of the home. Installation in any other location is prohibited. Plastic stackable

benches and or furniture intended for indoor use are not permitted on the front porch.

Arbors, Trellises or Swings will not be approved for installation in front yards or front

porch areas.

Please submit for approval, prior to purchasing.

3.11 Doors – Entrance All entrance doors (front, rear, service) must be white or match original color. The original

windows must remain in place. Security doors are prohibited.

3.12 Doors – Storm and Screens Acceptable storm doors are full glass insert; no etched glass is permitted in a storm door.

The door color must be white or match the color of the door or house trim it stands in

front of, and the hardware must be consistent with the original hardware of the existing

door. Declarant makes no representation as to the compatibility of storm doors to existing

entry doors or their assemblies.

Storm doors with retractable screen inserts may be used as long as they meet the

specifications required of the storm doors. Screen inserts must be dark gray or black in

color. Any window treatments installed which will be visible from neighboring property or

street must show white, cream or beige colors. See Appendix G for examples of storm

doors.

Required with request: Plot Plan/Survey Map, Pictures or Brochures, building plans,

Material list, City of Durham Permits and Contractor.

3.13 Fences and Railings No alterations, changes, or additions shall be allowed to fences provided by the

Declarant for any residence. If fences have not been provided by the Declarant, fences

will be allowed only within the rear yard portion of the Private Area provided, however,

that in no event may a fence extend beyond the rear yard setback line unless there is an

existing Declarant provided fence, in which case, the resident may construct a fence


going up to, but not connecting to, the Declarant provided fence in the rear yard and it is

of the same material and appearance. No fence may be erected in a swale.

Whenever a fence is erected in the rear Private Area by the Owner, the Owner is

responsible for its maintenance and the cost of its removal should that become

necessary. No fences shall be allowed in front or side yard areas. All fences must be

forty-eight inches (48") in height.

All fences should have 90-degree corners and run parallel and perpendicular to the

primary wall surfaces of the home as originally constructed. The fence can extend out to

the setback on the Plot Plan to allow for AC servicing and additional access to the side

yard and may be considered to skirt obstacles. On a sloping terrain, the top and bottom

rails of all fence sections shall be level, and the fence segments must be stepped down

in equal increments not to exceed eight inches (8") each to adjust to the changing grade.

The bottom rail or picket of any fence must be no more than two inches (2") above the

finish grade of the lot.

No fence will be constructed that is in conflict with the drainage pattern as established

for the lot. All yard fences must be of approved black aluminum tubular design. White

vinyl fencing will be used for applications on concrete areas on or near the house for use

as screening or privacy panel only. The structural components of the fence must face

the interior of the fenced in area so that the more "attractive" side of the fence faces

outwards.

See Appendix F for approved styles. A six inch (6”) exterior mulch bed on the outside of

the fence, with the fence inside the mulch bed, is required on fence perimeters where

Association maintenance is provided.

Privacy Panels are maximum of six feet (6’) height by eight feet (8’) length. No more than

one (1) panel installed consecutively.

Installed fences must be placed within a mulch bed, with six inches (6”) of the mulch bed

extending on the outside of the fence. It is advised to mulch six inches (6”) on the inside

of the fence, so as not to damage the fence when trimming. The advised strip on the

inside of the fence is at the owner’s discretion. Mulching at gates is not required.

▪ Mulched area at fence must be installed as follows:

▪ Mulched area must be a minimum of four inches (4”) deep, six inches (6”) wide on

exterior

▪ may not be placed onto any existing turf or other landscaped area.

▪ Kill any grass and weeds six inches (6”) within the desired mulch area using an

all-purpose herbicide, then pull up the dead plants.

▪ Dig four inches (4”) deep and place landscape fabric on the ground, weighing it

down with rocks every 4 to 6 feet.

▪ Use enough mulch to cover the fabric and rocks to four inches (4”) deep,

remembering to make the mulch depth shallower against the fence line.

▪ Mulched area must be dark brown and must be consistent with the mulch used in

the community.

▪ No plantings or mulched areas will be allowed in swales.


Chain link, Wooden or Vinyl fencing shall not be permitted.

A Plot Plan/Survey Map showing the existing fence and the proposed fence and gate

placement and maintenance program for upkeep of fence must be submitted for approval

prior to construction in accordance with the review procedures hereof. It is the intent of

these provisions to preserve view corridors and access for efficient maintenance, and to

protect drainage patterns established with the original lot design.

An attached fence must be placed on the rear Private Area boundary line unless a shorter

distance is required by the lot setback and must conjoin at ninety-degree (90o) degree

angles. Attached fences must be erected at grade and be used to enclose and/or define

an existing space.

An approved rail may only surround a deck. It must be constructed in such a manner as

to meet local and national building codes. All rails must be constructed with a smooth

top so as to be able to serve as a handrail. Deck rails and attached fencing cannot

exceed forty-eight inches (48") in height from decking, and must be constructed to match

the material and color of the decking and trim of the home. From time to time the

Declarant may designate other approved equals.

Required with request: Plot Plan/Survey Map, a dimensional plan, construction details,

and photographs of the existing home, Material list, and Contractor.

Railings for patios and/or porches must be of either approved black aluminum tubular

design or white or trim color composite material or vinyl design and the height consistent

with the design of the area where railings are to be installed, e.g., between columns on

front porch. Applications for privacy fences and privacy landscaping must be submitted

for approval prior to installation. Approvals will be granted by the ARC on a case-by-case

basis.

Required with request: Fence location on Plot Plan/Survey Map, Picture, Material list

including color/height and material of fence, and Contractor.

3.14 Party Walls, Retaining Walls, Associated Railings and Party Fences The Association is responsible for the general maintenance of all retaining walls or party

walls installed by the declarant.


The Owner is responsible for the maintenance and upkeep of Owner installed walls. No

plants or other items are permitted to be attached to any walls or railing. No owner shall

allow sprinklers or other water sources to deliver water within five (5) feet of any retaining

wall and/or railing. Damage caused by an Owner, their occupants, invitees, lessees,

family members or uninvited guests will be the responsibility of that Owner. Please see

Section 5. 5 of the Declaration for full disclosure. Please follow the detailed Guidelines

in this section when installing or maintaining all walls, both the Declarant’s and the Owner

installed walls and/or railing.

3.15 Fences – Invisible Pet Fencing Invisible fencing is intended to be used in the rear Private Area for the restraint of pets.

Invisible fences may be extended past the rear Private Area on a case-by-case basis

and upon approval of the ARC. No alterations of the yard grade shall be permitted by the

installation of such system. Neither the Declarant nor the Owner's Association shall be

responsible for repair to any system that is damaged by normal maintenance of the yard

by the Owner's Association or their designee. Regardless of the method of restraint used,

pet owners are responsible for assuring that their pets do not run free, and must maintain

control of pets at all times. Pet owners are liable for any damage to persons or property

caused by their pets.

3.16 Flag Mounts and Flags

There shall be no stand-alone flagpoles allowed on residential lots in Creekside at

Bethpage. One (1) flag mount may be attached to the front eave of the house, or to the

front of the residential structure, if the mount is secured to a wooden stud or anchored in

masonry.

The location of such flag mount must be approved by the ARC. No part of the flag may

extend four (4') feet beyond any eave. The size of the flag may not exceed four feet (4')

x six feet (6'). Only Authorized Flags may be displayed.

Required with request: Flag location on Plot Plan/Survey Map.

Authorized Flags: The United States Flag; The North Carolina State Flag; The official

Flag of the United States Navy, United States Army, United States Marine Corps, United

States Air Force, or the United States Coast Guard; The POW/MIA Flag; or an North

Carolina Indian Nations Flag. The maximum size of any flag shall be four feet (4’) by six

feet (6’). No more than two (2) flags may be flown at any one time. Flags shall be

maintained in like new condition at all times.

It will be the responsibility of the resident of a Lot on which a flag is displayed to do so

with the proper respect and etiquette as outlined in Title 4 of the United States Code.

Sports team flags and seasonal flags can be displayed during the appropriate season.

All flags must be in good condition.

No advertising riders, balloons, banners, flags, flyers, tubes, containers or other

promotional material may be attached to the sign or any structure located on the Lot.


3.17 Fountains and Water Features Fountains and Water Features shall be limited in height to four feet (4') above the natural

grade of the Lot. Any fountain shall be of natural material, color and design, each of

which is compatible with the overall architectural theme of Creekside at Bethpage.

Fountains and water features shall be permitted only within portions of the front or Rear

Private Area. Design of these features should discourage creation of stagnant pools of

water.

Required with request: Plot Plan/Survey Map, Picture, Material list and Contractor.

3.18 Front Entry Coatings Stamped concrete or Stamped Concrete Overlay Coatings that look like bricks or a rough

tile surface, tiles, stone, or other natural materials may be used on top of the front roofed

concrete entry and Front Entry Walk or Rear Private Area Patios. Stamped concrete or

Stamped Concrete Overlay Coatings are not permitted on Driveways.

Required with request: Plot Plan/Survey Map, Material List, Contractor, Design Details

(pattern, color, etc.).

3.19 Garage Windows One row of windows maybe added to the top panel of the garage door in one style: Four

(4) pane rectangular windows. 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 without the prior written

approval of the ARC. See Appendix A.

Required with request: Picture, Material List, and Contractor.

3.20 Generator Permanently installed low noise (72db) natural gas emergency generators are permitted.

They must be located in the Rear foundation area of a Lot, and must have landscape

screening. Permanent installation of propane, diesel, or gasoline generators will not be

approved.

Required with request: Plot Plan/Survey Map, Material list, Contractor, Screening

material/Landscape plan.

3.21 Hoses Hoses may either be attached to a wall mounted reel, or concealed by a hose

containment device (boxes or reals) as long as the bottom of the hose is at least two feet

(2') above the ground, be placed on an earth tone colored slab or a paver pad with

dimensions no greater than three feet (3') wide and three feet (3') deep. One (1)

additional hose pad may be created, depending on space between houses, if the

distance between houses is over ten (10) feet.

Attaching a wall mounted reel to your home may void applicable warranties from the

Declarant.


3.22 Lights – External Exterior fence, building or deck-mounted light fixtures, including spotlights, floodlights,

lantern lights and stair lights shall conform to the architecture of the home and are subject

to approval by the ARC. Enclosures of light fixtures shall be designed to conceal the

lamp bulb. No lighting shall be permitted that constitutes a nuisance or hazard to any

Owner or neighboring resident.

Exterior security lights or fixtures that are designed to alert the resident of unusual or

unwarranted activity on their property require written approval.

• The only types of security lights allowed are photocell types that are automatically

activated by motion. They should be set for a minimum on-time upon activation

of ten (10) minutes or less, following which they should be extinguished until the

next activation.

• Security lights must be aimed onto the applicant's property only. Under no

circumstances should a security light be aimed in the direction of the property of

another resident.

• Security lights may be approved for the rear Private Area only. Fixtures may be

incandescent, metal halide, mercury vapor, high-pressure sodium, or LED lamps.

• Replacement light fixtures should be similar to that which was previously

installed.

Colored or multi colored lights or changing color lights are not permitted except at holiday

times. Gas lamps are not allowed. Junction boxes and other lighting hardware shall be

placed below grade or screened by landscape material to minimize daytime visibility.

Post-mount light fixtures shall not exceed a height of six feet (6') from finished grade.

Post mounted light fixtures shall conform to the architectural character of the home and

will be subject to approval by the ARC.

Note:

1. Attaching lighting to your home may void applicable warranties from the Declarant.

2. Seasonal lights are not included in this section. Please see section “Seasonal

Decorations” for ''holiday lights" guidelines.

Required with request: Plot Plan/Survey Map, Material list, and Contractor.

3.23 Lighting – Low Voltage Low-voltage and decorative lighting are allowed within the Private Areas of Lots only.

Low-voltage light fixtures may be used in the Private Area for low-level path lighting, up

lighting, down lighting and landscape architectural accent lighting and shall not exceed

eighteen (18”) inches in height.

Lights along a path or outlining a natural area of the Private Area should be in the mulched

area and at between four (4) and six (6) feet apart and should not exceed eight (8) in

number in the front Private Area and shall not exceed eleven (11) in rear Private Area.

Low voltage/solar lights should not be installed along driveways unless there is a special

need. Tree mounted down lights shall be shielded from both street and neighbors view

such that the light source is not readily visible from the street. Low-voltage fixtures shall


be located and aimed carefully. Fixtures shall not constitute a nuisance or hazard to any

Owner or neighboring resident.

Junction boxes shall be placed below grade or screened to minimize daytime visibility of

hardware. No colored or multi colored lights or changing color lights are permitted except

at holiday times and must be removed fifteen (15) days after the holiday.

Low- voltage light fixtures may not exceed 18" in height. Light fixtures shall conform to

the architectural character of the home and will be subject to approval by the ARC.

Required with request: Plot Plan/Survey Map, Lighting Plan, Material list, and Contractor.

3.24 Patios and Decks Decks, patios and courtyards should be designed in harmony with the architecture of the

home and match as to material, color and size as offered by the Declarant. All handrails,

rim joists, stringers, spindles and any other vertical member shall be constructed of

cedar, primed and stained to match the trim color of the home; or of vinyl; or of black

metal. Decking, flooring, and understructure can be constructed out of approved

chemically pressure treated lumber or composite / engineered materials.

No deck, patio or courtyard will be constructed that is in conflict with the drainage pattern

as established for the lot. Decks must be adjacent to the house. No extensions or

modifications of decks, patios, or courtyards as constructed by Declarant shall be

permitted without prior written approval of the ARC, and no extension or modification

shall be approved if it is determined to have a material adverse impact upon neighboring

properties and/or the community. The size of decks and patios shall be determined by

the available space per lot, within the Private Area, and must be within the rear Private

Area, comprise no more than forty percent (40%) (total of all cumulative changes) of the

rear Private Area, and be contiguous with the original patio, or foundation of the rear

portion of the house. The ARC reserves the right to limit the size and location of decks.

Railings - An approved rail may only surround a deck. It must be constructed in such a

manner as to meet local and national building codes. All rails must be constructed with

a smooth top so as to be able to serve as a handrail. Deck rails and attached fencing

cannot exceed forty-eight inches (48") in height from decking, and must be constructed

to match the material and color of the decking and trim of the home. From time to time

the Declarant may designate other approved equals.

Required with request: Plot Plan/Survey Map, A dimensional plan, construction details,

and photographs of the existing home Material list, and Contractor.

Deck maintenance - For waterproofing without color change, a clear deck sealer is

allowed to protect decks. This should be applied to the top of the floor decking, top and

sides of the deck rail components and all sides of the deck support posts including

braces. For waterproofing with color change, semi-transparent stains may be used.

Samples of proposed colors should be submitted with the application. No solid stains or

paint are permitted. These stains should be applied to the same surfaces as specified

above.

Required with request: Chip samples, Plot Plan/Survey Map, Material List.


Decorative seat walls may be located on or bordering patio in the rear Private Area only

with ARC approval. Decorative seat walls shall not exceed twenty-four inches (24”) in

height. Pillars or columns shall not exceed thirty-six inches (36”). Such decorative seat

wall, pillars or columns shall be of the same material and color as the home or enhanced

by stone or other accents that are consistent with that used on the homes within

Creekside at Bethpage

Seat Walls cannot be connected to Declarant constructed retaining walls.

Required with request: Plot Plan/Survey Map, A dimensional plan, construction details,

and photographs of the existing home Material List, and Contractor.

3.25 Pavers The use of concrete or pavers to extend or widen driveways is not permitted. However,

pavers may be used in the rear Private Area to extend, enlarge, or construct a patio.

Pavers can be used as entry path or under hose housing devices.

Required with request: Plot Plan/Survey Map, Material List, and Construction

design/plans, including dimensions.

3.26 Pergolas, Trellises and Arbors All pergolas, trellises, and arbors will be constructed of vinyl, cedar, pressure treated

lumber, or composite / engineered materials and be painted white or finished to match

the trim color of the home or stained to match a deck, or have a clear sealant applied.

Trellises and arbors can also be made of black wrought iron. Construction drawings,

elevations, and details must be submitted for all pergola, trellis, and arbor applications.

Any wood pergolas, trellises, or arbors must be treated with stain or sealant and that

should be specified in the application.

a. Structures must be constructed within the rear Private Area of the lot and may

not exceed 40% of the width of the home or be a maximum width of eighteen feet

(l8'), whichever is less.

b. Pergolas and shade structures must be structurally sound and anchored in

accordance with local codes. Knee bracing or cross-bracing shall not be utilized

on any side of the structure. The lowest member of framing of a pergola may not

exceed the eave height of the home. Pergolas or shade structures may not be

attached to the home. The ARC may require residents to obtain a building permit

(if applicable) from City of Durham. See Appendix E for an example of a typical

pergola.

c. One or more trellises may be installed to shield a patio or deck if approved by the

ARC.

d. Attaching a trellis to your home may void applicable warranties from the

Declarant.

e. Trellises used to screen decks or patios that have a height extending to the eaves

of the home may have a maximum width of no greater than eight feet (8’) if

approved by the ARC. Applications for trellises, which do not extend to the eave

(lowest roof overhang) height of the home, shall be reviewed on a case-by case

basis to determine allowable width and configuration. Each trellis must be

designed to support plants or vine growth and thereafter maintained with plants

or vines growing on it, and remain plumb, level, and structurally sound. The intent


of these Guidelines is that trellises may not be used as substitutes for fences.

See Appendix E for an example of a typical trellis.

f. Trellises may be placed in mulched beds along the side of homes that face a

street, or on side yard beds where 25' or more exists between buildings.

g. One (1) arbor may be installed only if structurally sound and in accordance with

local building codes. Arbors may not be attached to the home nor exceed eight

feet (8’) in height, four feet (4') in width, and four feet (4') in depth. The arbor must

be designed to support plant or vine growth and thereafter be maintained with

plants or vines growing on it. As all arbors are different, approval will rest with the

ARC. See Appendix E for an example of a typical arbor.

Required with request: Plot Plan/Survey Map, Picture, Material list, Contractor,

Construction Plans, and for Pergolas a City of Durham building permit.

3.27 Play Sets Swing sets and other non-portable play sets are not permitted. All portable play and

garden equipment must be stored within the home or garage when not in active use.

3.28 Satellite Dish and Antennas No antenna, satellite dish, or other device for the transmission or reception of television

or radio (including amateur or ham radios) signals is permitted outside the Dwelling Unit,

except those devices whose installation and use is protected under federal law or

regulations (generally, certain antennae under one meter in diameter) or listed in this

section.

Allowable devices include Satellite dishes, weather stations, external Wi-Fi devices.

The consideration for allowable devices is as follows:

a. The antenna or other device is designed for minimal visual intrusion, i.e., is located

in a manner that minimizes visibility from the street or an adjacent Lot. No dish

should be placed in the front Private Area.

b. The antenna or other device complies to the maximum extent feasible with the

Guidelines within the confines of applicable current federal regulations, i.e.,

without precluding reception of a quality signal or unreasonably increasing the cost

of the antenna or device.

c. Two satellite dishes maximum, measuring one meter or less in diameter each may

be erected on any lot and installed on the back or side of the house, below the

roofline.

d. A radio antenna must be a one element vertical antenna, attached to the back of

the house. Towers and poles are not allowed. An antenna may extend up to a

maximum of twelve feet (12') above the lowest part of the roofline not exceeding

Durham ordinance. A maximum of two vertical radio antennas are allowed. Any

interference caused by the transmission is the responsibility of the operator to

resolve.

e. All unused antennas, dishes and devices must be removed.

Required with request: Plot Plan/Survey Map, Picture, Material list, Contractor.


3.29 Screening and Screens Any screening of ground-mounted equipment (HVAC) shall be of a material and color

compatible with the design of the residence, provided, however, in no event shall plastic

sheeting be used for screening. All screens, whether landscape structures, fences, or

plant materials, shall be located a minimum of three feet (3’) from HVAC equipment to

allow for adequate air circulation around the equipment and utility boxes, but may not

encroach or trespass on a neighboring property without written permission from adjacent

owner. Man-made screens and shade devices, if any, must appear as an integral part of

the building elevation and must be made of materials that complement the home and the

Neighborhood. Roof-mount installation is prohibited. Two (2) panel screening of patios

or hot tubs is allowed. Required with request: Plot Plan/Survey Map, Picture, Material

list.

3.30 Seasonal / Holiday Decorations Holiday decorations are displays erected on a seasonal basis for religious observances,

national/state observances and cultural observances and are not intended to be

permanent, and shall not contain advertising. "Year-end holiday season" is defined as

the time period running from November 15 and January 10. Seasonal statues, artifacts,

lighting and other decorative landscaping items may be installed and operated within this

period. All such decorative landscaping items as defined above must be removed by

January 10th. The following guidelines apply:

a. All decorations must be placed in mulched or concreted portions on the Owner's lot

so as not to impede lawn maintenance activities;

b. No Owner decorations are allowed in common areas;

c. The combined number of decorations in the front yard is limited to one (1) per ten

(10) linear feet of mulched home frontage;

d. The combined number of decorations in the rear yard is limited to one (1) per ten (10)

linear feet of rear foundation walls;

e. Placement must be at least three feet (3’) from the public sidewalk or three feet (3’)

from the curb where no sidewalk exists;

f. Cords shall never be located over public sidewalks;

g. Lights may be placed on lot trees;

h. Decorative lighting may be placed on the house, but cannot be higher than the

gutters;

i. Statues and artifacts, may not be more than six feet (6’) in height;

j. No outside audio shall be allowed;

k. No computer controlled light shows;

l. Inflatable decorations of any kind on a Lot are not allowed.

For holidays celebrations, cultural or religious observations, and special events that are

observed during the rest of the year, decorations will be limited to fourteen (14) days

prior to, and ten (10) days following the event.

Note: The ARC reserves the right to limit the location, number, size, style, quantity, and

time duration, of all seasonal decorations.

3.31 Signage All signs must also comply with the City and County Sign Ordinances.


A. Type of signs which DO NOT REQUIRE an Application for approval prior to

installation:

1. For Sale: One sign, which has a maximum face area of four-square feet (4), per

Lot that advertises the Lot. For Sale shall be placed in a mulched area in a manner

that would not impair the maintenance of the landscaping.

2. One security company issued sign may be placed in the front yard only, preferably

near the front door of the property, in an existing landscape planting bed, not to

exceed twelve inch by twelve inch (12” x 12”) in size on a stake/pole not to exceed

24” in height.

3. No more than two (2) political signs may be displayed on any Lot at any one time.

Political signs may not be displayed any earlier than forty-five (45) days before the

day of the election for which the political sign is being displayed or later than seven

(7) days after an election day for which the political sign is being displayed.

a. No political sign may exceed the dimensions of 24 inches by 24 inches.

For purposes of this Section, “political sign” means a sign that attempts to

influence the outcome of an election including supporting or opposing a

candidate or an issue on the election ballot.

4. Permits or Notices as required by a governmental entity for legal proceedings (i.e.

foreclosure or eviction) or an approved improvement (i.e. building permit)

5. One “No Soliciting” sign near or on the front door of their residence, provided that

the sign does not exceed twenty-five (25) square inches.

6. One “Private Residence” sign as provided by the Declarant or Builder. Sign is to

be removed at either the Owner’s discretion or at the request of the Association.

7. No sign whatsoever shall, without the ARC’s prior written approval of plans and

specifications therefore, be installed, altered, or maintained on any Lot or on any

portion of a structure visible from the exterior thereof, unless specified above.

Types of signs or banners which REQUIRE approval by the ARC:

One temporary sign or banner related to a holiday, religious observation, celebration,

or seasonal event.

Required with request: Plot Plan/Survey Map with exact placement of the sign,

dimensions, and sign content.

B. Types of signs or banners which are PROHIBITED:

1. For Rent/For Lease: For Rent or For Lease sign may NOT be displayed or

visible on any Lot or on any portion of a structure visible from the exterior.

2. Advertising signs for businesses.

3. Advertising signs for vendor/subcontractor conducting work on a Lot.

4. No sign or banner may be displayed in the window of any residence or

detached/accessory structure located on any Lot, unless specifically allowed in this

Section.

3.32 Skylights, Solar Tubes and Sun Tunnels Skylights with tempered glass are permitted as long as no more than two can be viewed

from the street at any one spot, but not over the front entrance; the color must blend with

the roof and the size is limited to not larger than 24" x 48" (outside dimensions). Applicant


is required to obtain a City of Durham issued building permit since this project will require

structural changes to the existing roof. Required with request: Plot Plan/Survey Map,

diagram showing location of skylights on roof, material list, building permit, contractor.

Solar Tubes or Tubular skylights/Sun Tunnels are permitted as long as no more than two

(2) can be viewed from the street at any one (1) spot, the color must be the same or

similar as the roof and the size is limited to fourteen inches (14”) or less in diameter.

Contractors must comply with the local building codes.


3.33 Solar Collectors and Panels The Association recognizes the benefits to be gained by permitting the use of solar

energy as an alternative source of electrical power for residential use. At the same time,

the Association’s desire is to promote and preserve the appearance of the Owner’s home

and neighborhood.

The Association recognizes the Owner’s right to install and use solar energy devices, as

set forth in N.C.G.S. § 22B-20. The Association adopted the following policy in order to

regulate the placement of solar devices that are governed by N.C.G.S. § 22B-20.

The placement of the solar energy device must be approved by the Architectural

Committee prior to installation. Such solar energy devices must comply with the following

stipulations, to the extent that they do not impair the functioning of the devices or

adversely affect the cost or efficiency of the devices:

a. A sample or illustrated brochure of the proposed solar unit must be submitted with

the Application, which clearly depicts the unit and defines the materials to be used

in the installation.

b. No solar equipment may encroach upon a Common Area or the property of

another Owner.

c. A solar energy device shall be placed in accordance with the following descending

order of locations, with Owners required to use the first available location that does

not impair the functioning of the device or adversely affect the cost or efficiency of

the device.

• On the roof facing the rear yard of the Lot, limiting visibility from

neighboring property and subject to additional restrictions included below.

• On the roof facing the side yard of the Lot, limiting visibility from

neighboring property and subject to additional restrictions included below.

d. The solar energy device shall be installed to limit visibility from neighboring

property. The landscaping or structure used to shield the solar energy device must

have prior approval of the ARC.

e. The solar energy device must comply with all applicable City, County and State

laws, regulations and codes.

f. Placement and installation must be pursuant to the Manufacturer’s instructions.

g. Solar panels must be mounted flush, directly to the roof plain. Panels shall not

break the roof ridgeline.

h. Solar panels may only be installed on patio covers if the patio cover faces a

direction that will only allow the panel faces to be visible from neighboring property.


i. Solar panels should be dark in color.

j. Aluminum trim, if used and visible, shall be anodized or otherwise color treated.

k. All exterior plumbing lines shall be painted in a color scheme matches a closely

as possible the color of the structure and materials adjacent to the plumbing lines

(i.e. plumbing lines on walls shall be painted the color of the walls while roof

plumbing shall match/blend the color of the roof).

l. Any visible cabling must be securely attached and painted to match/blend the

surface to which they are attached.

m. Solar units not mounted on the roof (ground mounted) shall be installed according

to City of Durham setback requirements. Any such structures should be concealed

from view of neighboring property, when reasonably possible, and be free of all

future likelihood of shading from fences, trees, shrubbery and other vegetation.

n. The Owner is liable for all damages arising from the installation and/or repair of

the solar energy system.

These guidelines shall not be enforced in a way that (1) prevents the installation of the

solar energy device; (2) impairs the functioning of a solar device; (3) restricts the use of

a solar energy device; or (4) adversely affects the cost or efficiency of a solar energy

device.


3.34 Spas / Hot Tubs All spa equipment shall be screened from street view and view from neighboring property

with plant materials or approved screening of adequate density. Spas must be

constructed entirely within the rear Private Area, placed on a concreted area, comprise

no more than 40% of the rear Private Area, and be as close to the rear house wall as

possible. All spas shall be fenced for safety as required by applicable law and must be

installed according to City of Durham ordinances. The ARC may require additional plant

materials to be planted to screen spas from neighboring properties. See Appendix E for

information regarding equipment screening requirements. Note: Use of spas in an open

or screened porch is discouraged due to the susceptibly to mold. No spa can be drained

onto open space or any other property. Required with request: Plot Plan/Survey Map,

picture, material list, screening material list.


3.35 Windows Tinting or Sunshields -- Windows may be tinted or sun shielding may be applied as

long as no patterns, color change, or significant mirrored effect can be seen from the

outside of the house. Required with request: Material list, contractor.

Adding Additional Windows - The addition of windows will be addressed on a case-

by-case basis. All new windows must match existing windows of the house. Applicants

must comply with all local building codes and permits.


Stained/Etched glass – Stained/Etched glass may be installed on a case by case basis.

The original windows must remain in place.


Required with request: Plot Plan/Survey Map, Drawing with design and colors,

Contractor.

Permanent draperies or suitable window treatments shall be installed on all windows

within sixty (60) days of occupancy. All such window coverings must show white, cream

or beige colors unless otherwise approved in writing by the ARC. 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

without the prior written approval of the ARC.

3.36 Yard Sales and Garage Sales Yard sales/garage sales are limited to two (2) Community wide yard sale days per year,

one (1) in the spring and one in the fall. The Community wide yard sale/garage sale shall

not commence prior to 6:00 A.M. EST or continue after 5:00 P.M. EST. Signs will be

posted for the Community wide yard sale in a timely manner by the Association. The

Association shall give reasonable notice to all Owners of Community wide yard

sale/garage sale dates.

4.0 LANDSCAPING MODIFICATION REQUIREMENT AND GUIDELINES

4.1 General Certain Areas have been designated as open space, wetland or preserve on

neighborhood plats and shall be maintained as required by regulatory authorities and as

described in specific permit conditions and in the Declaration. No Owner or resident may

mow, fertilize, apply pesticides to, maintain, alter or modify any Area not owned by the

Owner, including areas set aside as open space or preserve.

The Declarant will be installing on each residential lot a landscaping package and sod

prior to sale. Any and all landscaping installed by Owners must be installed not to impede

existing drainage patterns or in any swales, i.e., a low place in the track of land. The

plantings approved for Creekside at Bethpage were selected after consideration of many

factors. Landscaping replacement by Owners shall be in accordance with the

maintenance standards comprising the Community-Wide Standard described in the

following Sections.

a. All landscape modification requests are to be submitted on the Creekside at Bethpage

Modification Request Form. Plantings of trees, shrubs, ground covers, perennials,

grasses and vines shall take into account future growth, and be at a reasonable

distance from foundation walls. Exceptions: No modification requests are necessary

for flowers, ground cover plantings; ornamental grasses or shrubs planted in a

previously approved mulched area, or mulched areas installed by the Declarant.

b. It is the responsibility of each Owner to replace, as necessary, all landscaping and sod

on the lot including the adjoining parkway from the front lot line to the back of the street

curb. The Owner will remain ultimately responsible for all landscape replacement

including any additions made by the Owner.

c. Plants under windows shall be maintained no higher than eighteen inches (18") above

the window bottom. To facilitate mowing and edging, all plantings must remain a

minimum of six inches (6") inside the mulched Area.


d. Replacement or new plantings used to screen air conditioning units and other utility

boxes must be of the evergreen variety. The plantings should be maintained at least

as high as the utility box/HVAC unit, but no more than twelve inches (12") higher than

the unit. There must be thirty-six inches (36”) distance between the planting and the

utility box/HVAC unit must allow access for maintenance of the unit.

e. Any modifications made to front or rear Private Area must comply with the definitions

and restrictions set forth in this document. In areas outside the Private Areas,

installation of landscape by Owners may be approved on a case by case basis. These

additions must preserve attractive view corridors, but still allow ingress and egress

between buildings and promote efficient landscape maintenance.

f. No plantings or mulched areas can be placed in any way that would affect yard

drainage, and no plantings or mulched areas will be allowed in swales.

g. Mulched area at fence must be installed as follows:

• Mulched area must be a minimum of four inches (4”) deep, six inches (6”) wide

on exterior or six inched (6”) on each side of fence material and may not be placed

onto any existing turf or other landscaped area.

• Kill any grass and weeds six inches (6”) on each side of the fence using an all-

purpose herbicide, then pull up the dead plants.

• Place landscape fabric on the ground, weighing it down with rocks every 4 to 6

feet.

• Use enough mulch to cover the fabric to 4 inches deep, remembering to make

the pile shallower against the fence line.

• Add edging to hold your mulch in place if desired, although most edging requires

you to trim the grass along the line just as fences do.

• Mulched area must be dark brown and must be consistent with the mulch used

in the Community.

• No plantings or mulched areas will be allowed in swales.

• Stone, rock, or pebble style mulch is prohibited.

h. Due to the local environment, drought tolerant shrubs & trees should be a consideration

when choosing new plantings.

i. Plantings may be used on the rear of the home inside a continuous, mulched strip that

is no more than eighteen inches (18”) wide and must be adjacent to the foundation of

the home.

j. Continuation of the plantings for screening purposes, not to exceed eight feet (8’) in

height at maturity, may be placed next to lanais, sunrooms, patios, or porches, where

space permits. Wider strip widths, up to forty-eight inches (48”), may be approved on

a case-by-case basis for corner lots or other lots with homes spaced greater than

fifteen feet (15’) apart.

k. Mulch material must be consistent with the type used throughout the community by the

current landscape company.

l. Plans for such landscaping must conform to the provisions of these Guidelines and

contain acceptable plantings. All landscaping shall be designed and maintained so as

not to interfere with swales, drainage, or the view of any ground signs on the site or

adjacent properties, and not obstruct the view of traffic entering, exiting, or passing the

site.


Required with request: Plot Plan/Survey Map showing the location of any plantings, the

type of planting, the variety of plant and the height, and spread at maturity must be

included with the request form, Contractor.

4.2 Gardens Planting of annuals, vegetables, and other plantings are permitted in the rear property

inside the Private Area provided that they are installed in a delineated area which does

not exceed four (4) 4' x 4' sections, unless the rear area soft-scape (less than 40%

landscaped but still allowing 40% grass) would facilitate a larger garden. Must allow three

feet (3’) between sections to facilitate lawn maintenance. The ARC reserves the right to

limit final size of gardens.

Pavers or stepping stones may be placed in gardens/mulched areas in order to create a

pathway and must be placed at least four inches (4”) apart. Gardens must appear neat

and clean during the growing season. Debris must be removed periodically, and all dead

plant material must be removed once the growing season has ended. Gardens cannot

be placed in any way that would affect yard drainage, and no gardens will be allowed in

swales.

Not Permitted:

1. No under-window planter boxes are permitted.

2. Rabbit/Deer deterrent fencing is not permitted.

4.3 Ground Cover The ground surfaces of the Private Area shall be covered with approved living, or inert

materials, if not covered with concrete. Mulch must be consistent with the type used

throughout the community by the current landscape company. Where turf is used within

the Private Area, a hybrid Bermuda is required. Topsoil and decomposed granite are not

considered inert material. Care needs to be taken to ensure that any ground cover does

not migrate into drainage areas.

Decorative rock or stone shall be permitted as ground cover with the following conditions:

a. Stones cannot be used in areas where it abuts to grassy areas without borders/edging

material.

b. Stones can be used in areas where run-off from heavy rains would cause organic

mulch to migrate.

c. Stones can be used as accents in small-mulched areas, not to exceed twenty-four

feet (24’), Two (2) per lot.

d. The stones used must be between ¾”' and 1" in diameter and be earth tone or white

in color. Rocks or stones shall not be used as a bed edging material and are not

permitted on turf areas. However, large rocks may be placed in mulched areas

provided there is no more than one (1) per ten (l0) linear feet of mulched area and

that they are left natural.

e. The use of rubber mulch, solid plastic sheeting or polyethylene over ground areas will

not be permitted. If landscape fabric is used, it must allow the free flow of water, air,

and gases to and from the soil.


4.4 Trees An Owner may not cut down or remove any tree without ARC approval. Dead or diseased

trees must be removed and replaced with a same type tree. The new tree must be a

minimum of eight feet (8’) in height with a caliper (trunk diameter) of a minimum of two

inches (2”). Rear Private Area deciduous and evergreen trees should have a maximum

mature height that does not exceed sixty feet (60') and a spread that does not exceed

fifty feet (50').

Additional trees may be permitted in rear yards or in side yards that face a street, or in

portions of side yards where twenty-five feet (25') exists between buildings. Trees must

not be planted closer to street than existing street trees.

Pruning of trees must be in compliance with nursery standards. Neither tree topping, nor

leaving limbs and branches greater than ½” in diameter exposed is allowed.

Replacement of a dead/diseased tree located in an easement is permitted if the original

tree was there at the time the Owner purchased the property. The tree is to be replaced

with the same variety that was originally plant unless pre-approval is granted by the ACC.

The cost of replacing the dead/diseased tree is the Owner's responsibility.

Only trees with shallow root systems are permitted within an easement.

The Owner must remove and must replace with same type of tree along the road verge

(grass strip along road), if that tree is dead or diseased with a caliper (trunk diameter) of

a minimum of two inches (2”).

For public safety, trees are not permitted to be planted within a Sight Distance Triangle

as typically found on corner Lots.




4.5 Shrubs Dead or diseased shrubs must be removed and replaced with a same or similar variety.

The cost of replacing the dead/diseased shrub is the Owner's responsibility. The new

shrub must be a 3-gallon size for foundation plantings and 1-gallon size for all other

planting areas. For planting distances between shrubs, the mature spread needs to be

taken into account.

Shrubs may be planted in newly established landscaping beds in the front, side, and rear

of the house and Lot.

Only shrubs with shallow root systems are permitted within an easement.

For public safety, shrubs are not permitted to be planted that reach over three feet (3’)

in height at maturity within a Sight Distance Triangle as typically found on corner Lots.





4.6 Edging Material Edging Material made of Fibertech 5/16 x 3 7/16" composite bender board (or equivalent),

earth tone in color may be used. Stone pavers/concrete pavers/solid bricks may be used

as edging provided that they are installed at ground level for easy mowing. Details must

be provided with the application. See Appendix F for an example of landscape edging

materials.

Required with request: Plot Plan/Survey Map showing the location of any edgings, picture,

Material Lists

4.7 Buffer Areas There are required buffer areas between, on and adjacent to the home sites within

Creekside at Bethpage that are currently planted with a variety of shrubs and several

species of trees. These plantings meet the requirements of the local ordinances, and

they serve as landscape screening for the individual homes as well as to enhance the

environment of Creekside at Bethpage. It is the intention of the Association to maintain

the buffer areas in a natural state rather than the look of a formally pruned garden. This

document is intended to set forth the guidelines for the maintenance of these areas.

a. While growing to their full maturity, the trees in the buffer areas may be pruned

by the Association’s Landscape Contractor, during the appropriate season, up

to a height of twelve feet (12'). This pruning will include general thinning for

good light penetration and air circulation and dead or diseased branches.

b. The shrubs in the buffer areas will be pruned once a year, by the Landscape

Contractor, during the appropriate season and in such a manner as to maintain

their natural shape. Individual Owners who wish to perform their own pruning

on their lot may do so, if they strictly adhere to the guidelines included in this

notice.

c. Once mature, the shrubs shall be maintained at a maximum height of six feet

to eight feet (6' - 8'). It is intended that all of the shrubs in adjoining buffer beds

be maintained at a similar height to maintain continuity in the neighborhood.

d. In the event of the loss of any tree and/or shrub, they shall be replaced with

the same or similar species, at the Association's discretion. Trees and Shrubs

will be replaced by one of similar size as the original planting. Request for the

selection of other tree or shrub species will only be permitted with a written

exception from the ARC. Replacement should be accomplished at the

appropriate time, to help ensure viability of the new plants. No alterations of

the buffer areas, the removal or addition of trees or shrubs, shall be performed

without the express written approval of the ARC.

4.8 Irrigation System Guidelines The City of Durham classifies all piping, fittings, sprinklers, drip tubing, valves, control

wiring of 30 volts or less, and associated components installed for the delivery and

application of water for the purpose of irrigation that are downstream of a well, pond or

other surface water, potable water or groundwater source, or grey water source and

downstream of a backflow prevention assembly. Surface water, potable water or


groundwater sources, water taps, utility piping, water service lines, water meters,

backflow prevention assemblies, stormwater systems that service only the interior of a

structure, and sanitary drainage systems are not part of an irrigation system.

Owners may install an irrigation system on their property, adhering to the following

guidelines.

Any and all damage caused by the irrigation/dripline systems will be the sole

responsibility of the Owner. The Association reserves the right to make any necessary

repairs to the common area at the expense of the Owner, who will be billed for the repairs

upon completion of the work per Article 10 Section 7(b) of the Third Amended and

Restated Declaration of Covenants, Conditions and Restrictions for Creekside at

Bethpage.

• Permits must be obtained by the City of Durham.

• System must utilize a separate Water Meter and Backflow Preventer

• All watering schedules must comply with the City of Durham watering guidelines

• All irrigation/dripline systems must be approved by the ARC.

• All irrigation/dripline systems must be installed by a contractor holding a North Carolina

Irrigation license, this contractor must be bonded and insured.

• Irrigation/dripline system must be operated by an automatic time clock system. Manual

systems will not be allowed

• Irrigation/dripline systems are the sole responsibility of the Owner, this includes

damage to the system caused by landscapers, maintenance personnel or any other

workers.

• Specifying the type of controller makes it easier for everyone to successfully adjust it

in case of an emergency. The type of controller to use is a “Rainbird ESP Clock”, please

do not lock box.

• Please place all controls on side of home at garage for consistency within the

community.

• Owners must install all sprinkler heads and driplines inside a mulch bed, keeping it at

least 6” away for the boarder of the mulch bed it is placed in.

• Prior to digging for the irrigation system, you must call the Underground Utility Locater

to mark areas of all underground utilities in your yard.

• The yard must be restored to its pre-construction state once the installation has been

completed.

• Any settlement in the ditches after installation, must be removed by Owner.

• Installation of the system shall take no longer than 30 days from start to finish.

• Owners are responsible for any damage caused by their irrigation/dripline system, this

includes but is not limited to: overspray, extended running of water, and flooding.

• Any and all damage caused by the irrigation/dripline systems will be the sole

responsibility of the Owner. The Association reserves the right to make any necessary

repairs to the common area at the expense of the Owner, who will be billed for the

repairs upon completion of the weak.

• Watering areas should stay within your private front, back and side yards. It must not

extend to common areas, sidewalks or adjacent property.

• No irrigation lines are permitted in the area between the sidewalk and the street.

• All irrigation/dripline systems must be maintained in excellent working order at all times,

or you may be asked to have it removed by a licensed and insured contractor.


• Watering time should not conflict with the mowing schedules

• Any damaged areas of the irrigation system must be repaired prior to operating the

system.

Required with request: Plot Plan/Survey Map showing the location of all Irrigation Heads,

controllers, and junctions, all required permits form City of Durham, Contractor. Irrigation

Schedules

The most significant aspect of the requirements is a specific irrigation schedule. The

outdoor irrigation schedule applies to all spray irrigation systems and allows customers

to irrigate according to the following schedule:

▪ Odd-numbered addresses may water once on Tuesdays, Thursdays, and

Saturdays either before 10 A.M. or after 6 P.M.

▪ Even-numbered addresses may water once on Sundays, Wednesdays, and

Fridays either before 10 A.M. or after 6 p.m.

▪ No watering may occur between 10 A.M. and 6 P.M. on allowed watering days.

▪ No customers are permitted to water on Mondays.

Hand Watering

▪ Hand-watering refers to the application of water for irrigation purposes through a hand-held

hose or watering container. A person must be physically holding the hose or container.

Watering by hand cannot occur unattended.

▪ If it Rains can I water on other days - No, watering may occur at your address only according

the assigned schedule, regardless of weather conditions.

▪ Non – Landscape watering - The irrigation schedule does not apply to the washing of cars,

houses, buildings, decks, etc.

4.9 Prohibited Landscape Plants In keeping with the Landscape theme, the following plants are prohibited:

See Prohibited plant list the Landscape Manual for City of Durham (Landscape Manual).

Currant and gooseberry plants (the genus Ribes) are prohibited in North Carolina.

Noxious Weeds

Crassula helmsii (Swamp Stonecrop)

Lagarosiphon spp. (African Elodea)

Nymphoides cristata (Floating Heart, Crested)

Nymphoides indica (Water snowflake)


Nymphoides peltata (Floating Heart, Yellow)

Salvinia spp. (all except S. minima) (Water Fern)

Trapa spp. (Water-Chestnut)

Carduus acanthoides L. (Plumeless Thistle)

Carduus nutans L. (Musk Thistle)

Cayratia japonica (Thunb.) Gagnep. (Bushkiller)

Cirsium arvense (L.) Scop. (Canada thistle)

Ludwigia hexapetala (Hook & Arn.) Zardini, Gu & Raven (Uruguay

Waterprimrose) Lythrum spp. (Any Lythrum spp. not native to NC)

Myriophyllum spicatum L. (Eurasian Watermilfoil)

Persicaria perfoliata (Mile-a-Minute Weed)

Rorippa sylvestris (L.) Bess. (Yellow Fieldcress)

Tribulus terrestris L. (Puncturevine)

Vitex rotundifolia L.f. (Beach Vitex)


APPENDIX A - ARCHITECTURAL REVIEW REQUEST

ARCHITECTURAL REVIEW REQUEST

RETURN TO: Creekside at Bethpage Homeowners Association 6609 Crown Parkway Durham, NC 27703 Phone: (919) 864-2505 [email protected]

THE REVIEW TEAM HAS UP TO 45 (FORTY-FIVE) DAYS TO EVALUATE YOUR REQUEST AND INFORM YOU OF THE DECISION. PLAN ACCORDINGLY! IF YOU SHOULD START WITHOUT APPROVAL, LEGAL ACTION MAY BE TAKEN AGAINST YOU WITHOUT FURTHER NOTICE. THE HOA CAN REQUIRE THAT YOUR EXTERIOR BE RETURNED TO ORIGINAL CONDITION. NO APPROVALS ARE DONE BEFORE CLOSING. PLEASE INCLUDE THE FOLLOWING. OMISSION OF NECESSARY ITEMS WILL RESULT IN THE DENIAL OR DELAY OF YOUR APPLICATION:

1. Fully completed Review Request Form

2. Final Plat/Lot Survey with location of item or addition

3. Impervious surface calculations when required

4. Written description of materials to be used

5. Photo / sketches as required for improvements

6. Construction plans for home additions REQUEST SUBMITTED BY:

NAME: ___________________________________________ LOT /BLOCK NO.: _____ (Application must be submitted and signed by owner. If you are a tenant, please provide form to lot owner.)

PROPERTY ADDRESS: _________________________________ MAILING ADDRESS (if different from above): ___________________________________________________________________________________________

HOME PHONE: ______________ WORK PHONE: _______________FAX: ____________________ E-MAIL: _________________________

mailto:[email protected]


Does your home back up to (check all that apply): You would describe your lot as being: Other homes/ lots On a higher elevation than surrounding lots

Natural area Flat or level with surrounding lots

Wall/Builder Fence On a lower elevation than surrounding lots

Other (describe) Other (describe) Will your planned project add additional impervious surface area to your lot? Impervious surface is area where rainwater cannot percolate into the earth, like concrete patios, paver stones, retaining walls, screened porches, etc. Yes – amount: __________sq. feet No

How much impervious surface area is available for your lot? (You can find your original impervious surface calculation on your Plot Plan/Survey Map. The maximum impervious surface allowance is as follows: 40’ wide lot = 2830; 50’ wide lot = 3225; 60’ wide lot = 4007; and 70’ wide lot = 4435) Available: __________ sq. feet*

Mandatory if your project includes a fence:

I understand that privacy fences are only allowed if they are the panels recommended in the design guidelines. All fences must have a minimum of six inch of mulch on inside and outside to prevent damage. Should I install a fence around my property, it will be the neighborhood standard which is black aluminum tubular as shown in Appendix C. I understand that if my fence does not adhere to the Guidelines as shown, you may be required to remove it and build it to neighborhood standards.

I have enclosed photos and descriptions of any fences that immediately border my property. I will include style, height, and photo.

PROJECT: (Please describe your planned project. Feel free to use one form for multiple projects.

Remember that all pertinent back up material like Plot Plans/Survey Maps, sketches, photos, etc. must

be included. Use additional sheets as needed and be sure to include color samples for paint color

changes. Do not fax color samples.)


REVIEW TIMELINE: Do not plan to start your project before 45 days from date of this application. The Review Board needs adequate time to review your application and visit the property if necessary. However, all efforts to review applications more quickly are made whenever possible.

ESTIMATED START DATE _______________ ESTIMATED COMPLETION DATE ______________

Approval by the Architectural Control Committee does not in any way guarantee approvals by applicable City, County, or other such agencies, and all such approvals or permitting are the responsibility of the applicant. Please be aware that underground utilities may run under your property and should be located by the homeowner prior to any construction. North Carolina One call: 1-800-632-4949. Please allow 48 hours for locating services. All changes from an approved request must be re-submitted to for review. If changes in design, color, style, location, or height occur without proper approval the homeowner will be in violation and subject to penalties and fines.

By submitting this request, I agree to perform the work described strictly in accordance with the approved plans and specifications. I agree that I have read, and plan to abide by, all written Guidelines for Creekside at Bethpage HOA.

Signature: ________________________________ Date: _______________________

Attach all required Plot Plan drawings, maps, sketches, paint samples, and other necessary enclosures on additional sheets. Applications may be E-mail (scan and send to [email protected]), or US postal mail or drop off at Hemingway Hall HOA Office 6609 Crown Parkway Durham, NC 27703. HOA office hours are M-F 9:30 AM – 5:30 PM.


APPENDIX B – Garage Door Windows


APPENDIX C – Fence and Railing Materials


APPENDIX C (CONT)


APPENDIX D – Pergolas, Trellises, Arbors and Screens


APPENDIX E - Edging

Fibertech composite bender board, stone pavers, concrete pavers, or solid bricks are permitted

for edging. Some examples of pavers and edging are shown below.


APPENDIX F – Storm Doors

APPROVED MATERIALS FOR STORM DOORS/SCREEN DOORS


APPENDIX G – Private Area

==== End of Document ======