Architectural Control Committee (ACC)

Architectural Control Committee (ACC) Guidelines

Welcome to your community!

Please note ACC forms are now only available to be completed online. If your vendor would like to complete an ACC form on your behalf, they can do so directly with the management company who has online forms available for a small processing charge.

THE ARCHITECTURAL CONTROL COMMITTEE &

ITS ROLE IN THE COMMUNITY

In accordance with the Declaration of Covenants, Conditions and Restrictions, Article IX, Section 2 and Section 4, the Architectural Control Committee, hereinafter referred to as the ACC, has been established to administer and interpret the Design Review Criteria for Buckhorn Preserve Community. The ACC, in addition to the Board of Directors, is specifically empowered to enforce the Design Review Criteria.

These criteria shall, in part, be governed by the Declaration of Covenant, Conditions and Restrictions, Articles VIII and IX, except as otherwise superseded by federal, state and local laws and shall be consistent with Florida Statues Chapter 720. http://www.leg.state.fl.us/statutes

The ACC shall consider for review all complete applications submitted by homeowners, or any duly authorized agent thereof, in a manner that is consistent with this document, without bias.

ACC MEMBERS & MEETINGS

The ACC members are community volunteers, who reside in Buckhorn Preserve, appointed by the Board of Directors of the Homeowners Association (HOA). It is intended that the ACC be comprised of members whose experiences are an asset to the board and its function. It is permissible for a member of the HOA to also be a member of the ACC, but no two (2) member seats shall be filled with persons from the same household. Vacancies of the ACC shall be filled, either temporarily or permanently, within 60 days of a member’s removal, resignation, or other event which caused such vacancy.

Roberts Rules of Order (latest edition) shall govern the conduct of the ACC meetings when not in conflict with federal, state and local laws, and members shall perform their role in accordance with the community’s governing documents.

The ACC shall meet monthly on the second Tuesday of the month unless the meeting date falls on a holiday. In such case, the meeting shall be scheduled for an alternate date within the same month. On occasion, the ACC shall schedule a workshop, to discuss special projects. No applications are considered for review during a specially scheduled workshop. All meetings of the ACC shall be publicly noticed through means as adopted by the HOA.

ACC PROCEDURES

The Design Review Criteria section of this document is provided as guidance for continuity, thereby unifying the community as a whole. On no occasion shall this guidance be considered as permission to proceed without an application approved in writing. In some cases, City of Tampa permits, and other required government approvals are necessary. Government approval is not a substitute for written approval by the ACC.

Applications for review are required for any permanent alteration, modification or change to the exterior of your property. The ACC shall use these criteria as guidance in its role as set forth in the Declaration of Covenant, Conditions and Restrictions (CC&Rs). It is recommended all homeowners, or any duly authorized agent, thereof familiarize themselves with this document, prior to the submission of an application. The CC&Rs can be viewed on this website here.

All submitted and complete applications shall be considered for review by the ACC at a monthly public meeting. It is recommended, but not required, that homeowners, or their duly authorized agent attend the meeting to provide feedback, if needed. Each application is reviewed and approved or denied by majority vote of the ACC.

In the event the ACC shall fail to approve or disapprove the plans and specifications submitted in final and complete form within thirty (30) days after receipt of written request for approval or disapproval together with all necessary supporting plans, specifications or information is delivered to the ACC by the owner or the owner’s agent, then such approval of the ACC shall not be required; provided, however, that no building or other structure shall be erected or shall be permitted to remain which violates any covenant, condition or restriction contained in the Declarations, or which violates any zoning or building ordinance or regulation.

The ACC reserves the right to formally place an application on hold for a thirty (30) day period, if it is found that an investigation needs to occur to substantiate a ruling.

APPLICATION & NOTICE OF COMPLETION

Only a homeowner or duly authorized agent of the owner thereof has the right to submit an application for approval of property improvements. Applications shall be submitted at least seven (7) days in advance of the next monthly meeting of the ACC, to be considered for review at that meeting. If you have difficulty completing the application, please contact the ACC via the Contact Form for assistance or our management company.

Once your application is received, it will be reviewed for compliance. An incomplete application shall be returned for correction or additional documentation. Surveys, photos, drawings and other back-up documentation are often required. Application instructions provide further guidance as they relate to the project.

Once an application is approved or denied by the ACC, homeowners or owner’s agent shall be provided notification of the decision via email. Homeowners, or owner’s agent, are cautioned not to proceed with any work prior to receiving the ACC’s decision.

Applications seeking approval for exterior painting (using authorized paint schemes for the community) shall be assigned to ACC members throughout the month for pre-review. Once found in compliance with preapproved colors and/or materials, the pre-approved application shall be ratified at the next meeting of the ACC. *Note – this process is changing to streamline the process for homeowners selecting preapproved colors and/or materials.

When there is a more immediate need for ACC review and approval, a homeowner, or owner’s agent, may seek approval prior to the next scheduled ACC meeting. This type of request is classified as an “Emergency Design Review Request.” All Emergency Review Requests shall be submitted using the standard application process with an emergency request submitted via email to the Property Manager who shall direct it to the ACC for review.

An Emergency Design Review Request may be submitted for the following cases:

· Roof replacement – Roof leak, structural issue, or other roof concern has impacted the integrity of the roof requiring immediate action and remediation to prevent or avoid further damage to the property.

· Tree Removal – Removal of a single tree or multiple trees because a tree’s stability has been compromised severely and could reasonably cause foreseeable damage to the property or neighboring property or improvements, e.g. tree is leaning toward the home and may cause property damage to the roof/building/window/other.

· Construction/Property Improvement for Handicap or Disability purposes – Change being made is to accommodate handicap or disability and a delay in the approval of the requested changes may adversely impact the ability of a resident to access or properly use the property, such as construction of a ramp to enable wheelchair access to the home.

Any request that does not meet any of the above criteria is considered a normal Design Review request and should follow the normal Design Review process.

Applications denied by majority vote may be appealed by the homeowner or owner’s agent who submitted that application. Any owner aggrieved by a decision of the ACC shall have the right to make a written request within thirty (30) days of such decision. Appeals shall be provided in writing to Property Manager for review by the Board of Directors. The determination of the Board of Directors shall be final.

Once an application is approved, homeowners, or owner’s agent has one (1) year from date of approval to commence and complete the work or such other time stated in the approval. Once outside this performance window, the approved application is VOID. In such case, homeowners or owner’s agent shall submit a new application to the ACC.

After the completion of work, homeowners or owner’s agent shall submit a Notice of Completion (NOC) to the ACC or notify the ACC using the Contact Form. This notice serves as owner’s representation that the work has been completed as submitted in the application and approved by the ACC.

If any property is improved without prior written ACC approval, or which deviates from the written application receiving ACC approval, the homeowner or owner’s agent shall assume the responsibility and expense to restore the property to the original condition in order to remain compliant with these standards. If it is found a homeowner, resident, or owner’s agent modified a property without prior written approval, a minimum fine of $100 may be levied.

ENFORCEMENT PROCEDURES

All properties within Buckhorn Preserve are subject to the rules and regulations as provided by the CC&Rs, the Design Review Criteria and the Community Design Standards. If your property is out of compliance, a Reminder Notice will be sent. All lots that are the subject of a Reminder Notice are recorded and monitored for compliance. Homeowners or the owner’s agent are afforded the opportunity to comply with the notice within the reasonable timeframe for each specific violation.

To cure a violation, homeowners or owner’s agent shall remedy the violation, complete the back of the notice and submit as specified. First and second notices shall be elevated to third notices, if the issue is not remedied. Third notices shall be sent via certified mailing and shall be followed by legal action or site abatement when not remedied within the specified timeframe. Accelerated measures may be taken, if the violation constitutes an emergency situation. Law Enforcement and/or Code Enforcement shall be consulted for any violation that poses a risk to residents, vital services or utilities or property.

PROPERTY MAINTENANCE STANDARDS

In accordance with the Declaration, Article VIII, Section 14, each homeowner shall keep all property owned by him or designated as his responsibility, including any improved portions, in good order and repair. These responsibilities, which include, but are not limited to, seeding, watering and mowing of homeowner’s lawns and the pruning and cutting of all trees and shrubbery.

“Good order and repair” also pertain to a home’s overall appearance. Clean surfaces, neat and tidy landscape beds, clean driveways and entrance sidewalks and a debris free yard are all required and shall be regularly maintained.

All portions of the residential property visible from other residential properties, street or from any recreational areas and facilities shall be kept in an orderly condition so as not to detract from the neat appearance of the property.

All trees shall be regularly trimmed and free of dead and dying branches. Trees are to be maintained and pruned to no longer than ten (10) feet above all public throughways to include sidewalks and streets.

The replacement of dead, diseased or destroyed landscaping materials, including turf, with plant material shall be considered a minimum maintenance standard and does not require an application. Diseased landscaping materials may present a risk to nearby properties and therefore shall be remedied immediately. For additional information regarding landscaping, see the Landscaping section of the Design Review Criteria.

Below is a list of improvements to be considered property maintenance which do not require an ACC application:

· Exterior touch up painting – a single complete surface, wall, trim may be painted the same color as part of minimum maintenance standards. No “spot” painting is permitted.

· Painting of wood fencing, mailboxes, screen cages and gutters the original approved color.

· Maintaining existing landscaping beds. Dead, dying or destroyed landscaping material shall be removed immediately and replaced as soon as possible.

· Removal of any tree with a trunk under 8” in diameter at 24” above adjacent ground level.

The following criteria has been recommended by the ACC and approved by the HOA. These criteria shall be used by the ACC as a guide to review applications for all property improvements and modifications. The purpose of these criteria is to create aesthetic continuity between neighbors and neighborhoods. A single standard has been developed to ensure equal and consistent guidance community wide.

GRANDFATHERING

If at any time an existing permanent design element is damaged, destroyed, or in complete disrepair which shall cause the replacement of the majority of the same, the most recent Design Criteria and Community Standards shall supersede any formerly acquired approval regardless of the circumstances of the original installation. Non-permanent elements or any modification installed without prior written approval shall be made compliant with this document within 30 days of non-compliance notice.

EXTERIOR LIGHTING

Lighting shall be harmonious with the architectural style of the residence and its landscape plan. Special effect or accent lighting, designed by qualified lighting specialists, is encouraged in moderation. Exterior lighting will not infringe upon an adjoining property or streetscape. Exterior walkway/landscape lightning will NOT exceed 24 inches in height. Structure, ground or tree mounted floodlights or spotlights shall have deep shields to effectively screen the light source and shall be directed so that no glare impacts other properties.

PAINTING

ALL exterior painting (to include using original home color scheme) requires an ACC application and written approval unless it is in accordance with property maintenance. Exterior color palettes have been selected to enhance appearance, its relationship with surrounding properties, and the natural environment.

Homeowners can choose from any authorized existing color palettes. Consideration shall be given to homeowners requesting to use the original color scheme when evidence is provided detailing the original color. The ACC reserves the right to deny any application if the requested color scheme is in contradiction with the authorized color schemes.

Side and rear doors shall be painted the color of the body of the home. Rosettes and other decorative features shall be painted the color of the trim. Half walls, planters, and other decorative home appendages shall be painted the color of the body of the home.

Homeowners shall not choose the same color combination as the homes to the left or right of the property. The current approved paint schemes were selected using Sherwin Williams and Behr color schemes. A different paint manufacturer can be used only if an exact color match. Buckhorn Preserve community color schemes can be viewed by selecting the links below:

· BEHR

· SHERWIN-WILLIAMS

Submission Requirements:

· A completed application

· Confirmation of the existing color by way of a builder’s original design order or a previously approved ACC application.

For additional information regarding painting, see Exhibit A.

ROOFING & GUTTERS

The installation or modification of any roofing or gutters requires an ACC application and written approval. Roofing style shall be SHINGLE profile. Shingle material colors will be compatible with and/or complement the color of the house. All roof vents, plumbing stacks, flashing and metal chimney caps shall be painted to match the roofing color.

Seamless, aluminum gutter systems are permitted. Gutter color shall complement the muted earth tones of the body of the house and/or trim color.

Submission Requirements:

· A completed application

· Catalog photographs or manufacturer’s “cut sheets” of materials, dimensions, finish and color.

· Drawings describing custom installation, where applicable.

PATIOS, POOLS & ENCLOSURES

Patios: The installation or modification of any patio requires an ACC application and written approval. Patios shall be installed flush with the ground or for sloping sites, level with steps or small walls to transition. Any adverse impact to designed drainage which might result from the construction of a patio is to be considered and a plan for mitigation is to be included with the application.

Patios shall be designed as an integral part of the home and property. Changes in grade or drainage pattern shall not adversely affect adjoining properties. If drainage is adversely affected, the homeowner shall be responsible for correction. The preferred location of a patio is in the rear of the home, but side locations may be considered when a rear location is not practical. The ACC reserves the right to deny a side yard location if it interferes with a neighboring property. Front yard patios shall not be permitted.

The patio shall be an appropriate size for the area in which it is to be located and is to be constructed of brick, flagstone, slate, pavers, concrete or other high-quality masonry or stone material that is compatible with the existing materials on the property. Supplemental landscaping is allowed to provide appropriate buffering where necessary. Final placement shall conform to all setback and easement requirements.

Landscaping can be incorporated to help modulate, soften, and buffer the overall appearance of patios. Corner properties are required to provide additional buffering from side streets.

Submission Requirements:

· A completed application

· A lot survey showing the house and any accessory structures, driveway, sidewalk, fencing, significant vegetation, property lines, easements, and the location of the existing and proposed (new or replacement) patio.

· Catalog photographs or manufacturer’s “cut sheets” of intended material.

Swimming Pools: The installation or modification of any pool and/or enclosure requires an ACC application and written approval. Swimming pools shall not be above ground and shall be designed as being visually connected to the residence through landscaping and/or courtyard paving. Swimming pools shall only be permitted in the rear of the property. Pool equipment shall not be readily visible from the street in front of the residence. Corner properties are required to provide additional buffering from side streets.

Pools shall be maintained in good, clean condition and free of debris. Pools that create a public health hazard to the community may be reported to the authorities for abatement procedures and possible fines, in addition to other remedies.

Enclosures: Pools shall be enclosed with a screened enclosure or be surrounded entirely with a fence of at least forty-eight (48) inches in height. Supplemental landscaping is allowed to provide appropriate buffering to modulate, soften, and buffer the overall appearance where necessary.

High quality extruded aluminum shall be used for all enclosures, but other similar materials may be considered by the ACC. All enclosures shall conform to all state, city and local building standards and ordinances. All screened enclosures shall conform to State of Florida hurricane standards. Aluminum skirting panels of up to twelve (12) inches may be considered. Enclosures shall conform to all setback and easement requirements.

Enclosed front entry ways are permissible following the standards stated herein. All screening and frames must be flush with the original entryway. Protrusion of the screening structure beyond the original entryway at any point is prohibited. Screening frame must be standard white, black, or bronze in color.

Screening and frame must be kept free of mold, dirt, and stain. Screens must be maintained intact at all times, free of tears and rip outs. Any damage to screening and/or frame must be repaired immediately.

Submission Requirements:

· A completed application

· Catalog photographs or manufacturer’s “cut sheets” of intended style and material.

SOLAR COLLECTORS, GENERATORS & PROPANE

Solar Collectors: The installation or modification of any solar collector requires an ACC application and written approval. Solar collectors, or other renewable energy devices, shall be permitted on roof surfaces. Any such renewable energy device shall be designed and installed by a licensed professional.

Generators: The installation or modification of any generator requires an ACC application and written approval. Location of installation may vary, and the generator shall be installed toward the rear of the property. Generators shall not be readily visible from the street in front of the residence or, in some cases adjacent properties. Corner properties are required to provide additional buffering from side streets.

Propane Tanks: The installation or modification of any propane tank requires an ACC application and written approval. Propane tanks, both above ground and underground, are permitted in side or back yards. Above ground tanks shall not be readily visible from the street in front of the residence or, in some cases adjacent properties. Corner properties are required to provide additional buffering from side streets.

Submission Requirements:

· A completed application

· Catalog photographs or manufacturer’s “cut sheets” of intended equipment.

GARAGE & ENTRY DOORS

Garage Doors: The installation or modification of any garage door requires an ACC application and written approval. Garage doors shall be equipped with automatic garage door openers or keypad access. All garage doors shall be four (4) paneled with top panel having the option of window relief.

Garage doors shall be painted the color of the body or the color of the trim of the home. Factory grade white or beige finishes shall not be permitted unless the home’s color scheme is consistent with the factory grade color.

Front Entry Doors: The installation of any entry door requires an ACC application and written approval unless it is replaced with an identical product as part of property maintenance. For information on door colors see exhibit A.

Submission Requirements:

· A completed application

· Catalog photographs or manufacturer’s “cut sheets” of intended design.

FLAGPOLES

The installation or modification of any flagpole requires an ACC application and written approval. In accordance with Florida Statue, any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 4½ feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag.

Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. For more information see Florida Statues Chapter 720. http://www.leg.state.fl.us/statutes

Submission Requirements:

· A completed application

· Catalog photographs or manufacturer’s “cut sheets” of intended styles and material.

WALKWAYS, DRIVEWAYS & RAMPS

The installation or modification of any walkway, driveway or ramp requires an ACC application and written approval. Walkways shall be finished with a decorative surface or be constructed of brick, flagstone, slate, pavers, concrete or other high- quality masonry or stone material that is compatible with the existing materials on the property. Walkways shall be a maximum of three feet wide unless a wider sidewalk is required for wheelchair access.

All driveway surfaces shall be broom finished concrete, interlocking pavers, or stamped bomanite or concrete.

Handicap accessible ramps are permitted when necessary. Changes in grade or drainage pattern shall not adversely affect adjoining properties. Homeowners shall be responsible for correcting drainage problems when created by construction. It is recommended all handicap accessible ramps be installed by a licensed professional.

Submission Requirements:

· A completed application

· Catalog photographs or manufacturer’s “cut sheets” of intended material.

· A copy of the signed Sidewalk Maintenance and Liability Agreement, if applicable.

EXTERIOR STRUCTURE DÉCOR

The installation or modification of any exterior structure requires an ACC application and written approval. Masonry such as stone, brick, or split rock may be used as an exterior accent façade to the front bottom portion of any home and/or any columns attached to the home. Sample shall be submitted for written approval prior to ordering and/or installing any material of this nature.

The installation of decorative window shutters requires an ACC application and written approval. Shutters will be kept free of mold, dirt and stains. If damaged, repair will be done as soon as possible. If repainting is required for upkeep/maintenance – no prior approval is needed. Sample picture shall be submitted for written approval prior to ordering and/or installing any item of this nature.

Hurricane shutters are not considered a permanent exterior modification and therefore does not require an ACC application or written approval. Hurricane shutters are authorized to be attached to homes during the official hurricane season (June 1 through November 30) of each year. Hurricane shutters will be taken down within two (2) weeks after conclusion of the hurricane season.

Submission Requirements:

· A completed application

· A lot survey showing the house and any accessory structures, driveway, sidewalk, fencing, significant vegetation, property lines, easements, and the location of the proposed placement of masonry or shutters.

· Catalog photographs or manufacturer’s “cut sheets” of intended style and material.

EQUIPMENT SCREENING & BUFFERING

The installation or modification of any screening method for equipment requires an ACC application and written approval. Equipment is defined as a water softener, pool equipment, air conditioning unit, fuel tank, generator, and other similar apparatus. Equipment shall not be readily visible from the street in front of the residence or when feasible, adjacent properties. Corner properties are required to provide additional buffering from side streets.

Screening from an adjacent property is not required if the distance from the home to the property line is ten (10) feet or under.

Landscaping: Landscaping material shall be of sufficient size to reasonably buffer the equipment from view as stated above. Dense, fast growing foliage, such as Viburnum or Podocarpus, planted no more than twenty-four (24) inches apart, typically satisfies this requirement.

Viburnum:

Podocarpus:

Permanent Fence and Post Panels: Appropriately sized panels may be permanently installed on the side of homes to conceal equipment. Maximum height of any fence and post system is six (6) feet. Maximum width shall be the minimum measurement to cover the equipment. Fence material shall provide, at a minimum, 50% view coverage. Corner properties may permanently install an L shaped panel to conceal equipment from the front and side of the home. Some properties, due to the lack of space between homes, shall not be approved for fencing panels. No non-permanent screening of equipment is permitted. See Exhibit B for approved options.

Submission Requirements:

· A completed application

· Catalog photographs or manufacturer’s “cut sheets” of intended size, design and material.

MAILBOXES

The installation or modification of any mailbox requires an ACC application and written approval. Each property is required to have a mailbox in accordance with USPS standards and the community style standard. Mailboxes shall be kept clean, maintained and in good order. To protect base of mailbox posts from damage, residents can install a thin metal, or plastic protective wrap, less than 8” high and ¼” thick around base of the post, formed to shape of post and painted to match post and mailbox color.

Current mailbox and post options are wood, vinyl/PVC, cast aluminum, or stucco. All portions of the mailbox and post will be white with black numbering.

Community styles and examples of each can be found on Exhibit C.

Submission Requirements:

· A completed application

· Catalog photographs or manufacturer’s “cut sheets” of intended style and material.

RETAINING WALLS

The installation or modification of any retaining walls requires an ACC application and written approval. Retaining walls used to support soil mass shall be properly anchored and changes in grade or drainage pattern shall not adversely affect adjoining properties. If drainage is adversely affected, the homeowner is responsible for correction.

Installation or modification of retaining block, or other stacked decorative stone, used to create planting beds or enhanced decorative features also requires an ACC application and written approval. Typically used for aesthetic purposes, these types of features shall be reviewed for style consistency with surrounding properties and may not be permitted in the community.

Submission Requirements:

· A completed application

· Catalog photographs or manufacturer’s “cut sheets” of intended material.

FENCING

The installation or modification of any fencing requires an ACC application and written approval. Fencing is only permitted when having little or no impact on surrounding properties. Fencing shall be under scrutiny of the ACC and shall comply with design compatibility, in keeping with the architectural style and materials used in the community.

Fencing guidelines are specifically designed to afford privacy to properties. Fence approval shall only be granted when installation has no impact on views of retention ponds and conservation areas.

No fencing may be constructed or maintained between a Front Street Line and the Front Dwelling Line. Fencing installations may not affect the ability of neighboring properties to properly maintain their lot. See Buckhorn Preserve CC&Rs, Exhibit X for areas where fences are prohibited.

Fencing on corner lots shall be installed, at a minimum, fifteen (15) feet back from the property line on any side running parallel to the street.

Vinyl/PVC or Wood fencing in privacy (board-on-board) or shadowbox style shall be a maximum height of six (6) feet except where prohibited. Approved fencing styles can be found on Exhibit D.

Submission Requirements:

· A completed application

· Catalog photographs or manufacturer’s “cut sheets” of intended style and material.

LANDSCAPING

The Florida-Friendly Landscaping™ Program was created to include Florida Yards & Neighborhoods (FYN) program Homeowner and FYN Builder and Developer programs and the Florida-Friendly Best Management Practices for Protection of Water Resources in 2008. Florida Friendly Landscaping handbooks, guides, plant selection and other useful information can be obtained by visiting the Florida-Friendly Landscaping Program website: https://ffl.ifas.ufl.edu/homeowner.htm Hard copies of idea books and manuals may be obtained through the website’s online request form.

The installation or modification of landscaping requires an ACC application and written approval. Turf and landscaping shall be neat, tidy and regularly maintained. As part of regular maintenance, turf and landscaping may be replaced without an application only if replacing like for like materials.

Minimum size for accent shrubs shall be 3-gallon container. Large shrubs for landscaping and buffering are recommended to be 10 to 15-gallon container size. Minimum size for groundcovers is a 1-gallon container. All landscape beds may be finished with pine bark mulch or other material such as rocks/stones/pebbles to further enhance appearance of landscape beds.

Utility and drainage easements may be improved upon by landscaping however the homeowner shall be responsible for any costs incurred for repairs and upkeep.

TURF TO LANDSCAPE RATIOS

Up to 40%, but no less than 25%, of the lot’s previous area may be planted with approved Florida Friendly shrubs and landscape material which complement the structures and provide screening and buffering as required. The landscape plan included with your application shall include calculations to verify the minimum 25% coverage.

In cases where sod is unable to grow below trees, around mailboxes, and/or in larger shaded or moist areas that are part of the 60% to 75% turf required areas, the ground-cover option of Jasmine Minima or Blue Rug Juniper may be approved. The ground-covered areas shall be fully surrounded by permanent landscape borders to prevent overgrowth and expansion and shall be manicured to remain below eight (8) inches height. Maximum spacing for groundcover is typically twenty- four (24) inches.

LANDSCAPE CURBING

Landscape curbing is encouraged and enhances the appearance of landscaping beds. Commercially available solutions such as stone, split rock, Eco-Border (rubber), and custom concrete curbing is permitted. Plastic and wood edging material is not permitted.

IRRIGATION

All residential properties shall install and maintain an underground, fully automatic, 100% overlap coverage irrigation system. New or modified systems require an ACC application and written approval and shall include a plan indicating the location, type and size of water meter, backflow prevention device, automatic and manual valves, valve boxes, spray heads, rotor heads, mainline piping, lateral zone piping with sizes indicated, timeclock, automatic rain sensor/shutoff device, sleeves, wiring.

Specific two-day watering schedules are based on resident’s numbered home address. Drought conditions can force local water restrictions, reducing watering days and times. Water restrictions can also affect the ability to operate fountains and other water circulation devices. Watering day and time schedules and water restrictions, can be found at www.HCFLGov.net/water/info/my-watering-day

VEGETABLE GARDENS & FRUIT TREES

Gardens and fruit trees shall be permitted in back yards only. All rotted and fallen fruit/vegetables shall be discarded to discourage pests. All gardens and fruit trees shall require the installation of a rodent deterrent device to be considered by the ACC. For more information on roof rats and fruit trees visit: https://edis.ifas.ufl.edu/pdffiles/UW/UW12000.pdf

STONE & ROCK

Rock/stone are permitted in landscape beds instead of pine bark mulch. Rock/stone are suitable substitutes for pine bark mulch especially in the following areas:

· Areas immediately below roof overhangs which are impacted by rainfall washing out mulch or causing moisture concerns.

· Areas along the foundation, no more than two (2) feet wide, where water erodes soil and turf or where standing water is causing a moisture concern.

Acceptable stone and rock shall be considered natural varieties, .5 cubic feet in size, such as lava rock, egg rock, river pebbles, mini marble chips and pea gravel. Applications shall include the name/type and picture of the rock to be installed.

FOUNTAINS

Fountains for decorative purposes may be permitted in front or rear yards. The minimum setback for fountains is ten (10) feet from all property lines. Fountains are required to be maintained in proper working order. Fountains attached to pools should recirculate the pool water. If the fountain is detached from a pool filter system or sand filter, a water sanitizing treatment system is required. Underground or submersible pump systems are required to both reduce noise and for ease of visual screening. Fountain plans, including placement, shall be prepared by licensed professional landscape architect. Fountains are subject to water restriction policies. Water restrictions are often updated through the Hillsborough County website https://www.HCFLGov.net/water/info/water-use-restrictions

COMPOSTING

Compost can be used to amend soils and increase soil fertility. Composting of yard, lawn, and plant waste is permitted with an approved stand-alone composting device no larger than forty (40) inches in height and thirty-six (36) inches in width/depth. Food waste shall not be used in compost. Compost bins shall be located behind the rear wall of the residence, not outside or around lanai screening, and shall not be readily visible from any street, adjoining property, common area, or lake and pond. Compost bins shall have a sealed lid to reduce the possibility of odor creating nuisance for neighboring properties.

RAIN RECOVERY

The use of a rain barrel to reduce storm water runoff is permitted next to the wall of the residence in back and side yard areas only. Rain barrels are normally installed next to downspouts. One rain barrel, no larger than fifty-five (55) gallons with mandatory mosquito netting shall not be readily visible from any street, adjoining property, common area, or lake and pond. Rain barrels shall compliment the color scheme of the property.

TURF/GRASS SELECTION

The property, shall be sodded with St. Augustine “Floritam”, Ultimate Zoysia, or Empire Zoysiagrass. Argentine Bahia sod may be approved only if conditions exist that prevented preferred grasses. Argentine Bahia sod is only recommended for use in swales or low areas retaining water and is not a permitted turf selection for front yards. See the chart below for more information on turf selections, tolerances and other characteristics or consult the Florida-Friendly Landscaping Program website: https://ffl.ifas.ufl.edu/homeowner.htm

Submission Requirements:

· A completed application

· A Tree Removal Permit (if applicable)

· Catalog photographs, manufacturer’s “cut sheets” or landscape design plan of intended style and material.

PROHIBITED INVASIVE PLANTS

The plants listed below are considered invasive species by the State of Florida and planting is prohibited. These non-native plants can have an adverse effect on landscaping and native Florida species. The University of Florida assesses plant material on a regular basis so it is advised you check the most recent information on invasive plants at the following website: https://assessment.ifas.ufl.edu/assessments

Buckhorn Preserve has adopted community wide standards consistent with the creation of a quality, aesthetically cohesive community. These standards and design criteria have been promulgated to accomplish the following:

· Maintain consistency with the overall design concept for the community;

· Promote harmonious architectural and environmental design qualities and features;

· Promote and enhance the visual and aesthetic appearance of the community.

EXTERIOR DÉCOR

Non-permanent exterior decorative objects shall comply with the standards but do not require an ACC application. Exterior decorative objects include bird baths and feeders, decorative pots, solar walkway/landscape lighting NOT to exceed 24 inches in height, inflatable holiday/sport décor, garden flags, outdoor furniture, garage hardware and holiday décor. Keep in mind the appropriateness, size, location compatibility with architectural and environmental design qualities and visual impact on the surrounding area. All exterior decorative objects shall be maintained in a clean and orderly condition.

Holiday lighting and décor: Permitted no more than four (4) weeks before an event and shall be removed within thirty-five (35) days following completion of the holiday. Holiday lighting shall not create a nuisance or interfere with adjacent properties or roadways.

Potted plants, bird baths, bird feeders, garden flags and statues* shall be limited in number, tastefully arranged and shall compliment the color scheme of the property. Potted plants shall be kept in good order and in accordance with property maintenance standards.

Hoses shall be kept on a reel or coiled neatly on the side of the home. No hoses shall lay on sidewalks, driveways, shrubs or grass.

Decorative garage hardware, such as commercially available black or brown magnetic carriage door hinges and handles are permitted.

Artificial, silk, plastic or synthetic flowers or shrubberies are not permitted within the lot landscape. This guideline shall not apply to artificial wreaths, temporary holiday decorations and/or flowers hung on doors as decorations.

Promotional sports décor is permitted for game seasons and shall be removed after conclusion of the sports season.

Furniture designed for outdoor use which is placed on the front porch, patio, deck or within the rear yard is permitted.

*Any statue that is permanently installed or in excess of eighteen (18) inches in height, shall require an ACC application and written approval.

SATELLITE DISHES

Satellite dishes of 1 meter diameter or less and antennae designed and used for reception of over the air broadcast signals may be installed without application.

RECREATION & CONSTRUCTION VEHICLES

Watercraft: No homeowner or resident shall PERMANENTLY store or park a boat, other watercraft or boat/watercraft trailer within the property, except in fully enclosed garages. TEMPORARY parking of such vehicles for preparation of use or storage is allowed BUT for no longer than three (3) days.

Campers: No homeowner or resident shall PERMANENTLY store or park a camper within the property. Towable pop-up campers shall only be parked in fully enclosed garages. TEMPORARY parking of such vehicles for preparation of use or storage is allowed BUT for no longer than three (3) days.

ATV’s or any other related recreation vehicles shall only be parked in fully enclosed garages.

Construction and commercial vehicles owned by homeowners or residents shall be required to cover business names and identifiable information with a blank, solid color magnetic sign when not in use.

BASKETBALL POLES

Permanent Outdoor basketball poles and/or backstops are not permitted. Portable units shall be stored away when not in use and may not block the public sidewalk at any time.

PLAY-SETS & PLAYGROUND EQUIPMENT

Play-sets and playground equipment shall be screened from adjacent properties, common areas, lakes and roadways. No part of the structure shall be higher than twelve (12) feet from the original lot grade and shall be compatible with the size of the lot. If the play set has a canopy, it shall be a neutral color. The play structure shall be a minimum of fifteen (15) feet from any side or rear lot line to minimize the impact on neighboring properties. Play-sets and playground equipment shall be located in the rear yard with an approved privacy fence or other enclosure.

GARAGE USAGE

Garage doors shall be maintained in good working condition and remain free of noticeable damage and dents. Garage doors shall be left in a fully closed position when the garage is not being accessed. Garages shall not be converted to living space or altered or used for purposes which would prevent the use of the garage for the parking of the intended number of vehicles for which it was constructed.

SHEDS & TEMPORARY STRUCTURES

Sheds, greenhouses, outdoor showers, outbuildings and other non-permanent structures are not permitted outside of privacy fenced or screened enclosure areas. Only small scale, vinyl sheds and patio boxes for tools or pool equipment are permitted in screened enclosures.

Tents or similar temporary structures used for social occasions shall be removed within twenty-four (24) hours after the conclusion of the event.

Temporary structures used for construction debris removal shall be included as part of a construction application. Time and size limits shall apply. The Association shall be notified via email in advance of interior renovations. Temporary portable storage units, PODS, shall be permitted in private driveways. Placement of portable temporary storage units and dumpsters shall not impede sidewalks, pedestrians or roadways. The Association shall be notified via email in advance. The maximum amount of time permitted is two (2) weeks.

OUTDOOR SPACES

All outdoor spaces shall be kept clean and free of debris, trash, toys, or equipment. No item may be stored in outdoor spaces that has a negative impact on neighboring properties.

In accordance with Florida Statues, clotheslines are permitted as an energy saving device. Clotheslines shall be permitted in the rear yard only, shall be a foldable umbrella style, and shall be folded up when not in use. Articles placed on clotheslines shall be removed when dry and must not remain overnight. No clothing, rug or other items shall be hung on any railing, fence, hedge, window sill or wall.

Fire pits, outdoor grills, and other flame producing instruments are only permitted on or surrounding rear patios. Open flames are not permitted in any common area, park or preserved land.

HOME SECURITY SYSTEMS

A home security systems, including security doorbell systems with video recording are permitted as long as the cameras are in a visible location and pointed in an area as to not violate others expectation of privacy. All connecting cables and wires shall not be readily visible. For more information see: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=080 0-0899/0810/Sections/0810.145.html

SIGNAGE

Except as required by law, no signage, advertisement, or notice of any type is permitted upon any portion of a homeowner’s property. “Keep off the grass”, “Private Property”, contractor service signs and other such signs are not permitted.

Professionally made signs for real estate sale or lease of the property purposes are permitted.

PARKING POLICIES

The CC&Rs specifically require residents to make use of garages for primary parking of at least two vehicles, with remaining vehicles parked on the driveway but not blocking sidewalks and extending into streets. Vehicles shall be parked on paved surfaces. Homeowners and residents are permitted to park an overflow vehicle sideways along the portion of the driveway between sidewalk and street as long as the sidewalk is not blocked and the vehicle does not extend any portion into the street.

Per Hillsborough County ordinances: Vehicles CAN NOT BLOCK any sidewalk and thereby making a pedestrian WHOLLY enter the STREET to pass.

Guests who park on-street during the day hours for homeowner and resident events shall allow ample room for emergency vehicles which is at a minimum of ten (10) feet. Parking across from a residential driveway or within ten (10) feet of a street corner is not permitted.

Vehicles shall not block fire hydrants, access to retention ponds, crosswalks, entrance rights of way, or any main community roadway.

For more information on Hillsborough County Parking Ordinances, please see HC Code of Ordinance Part A, Article V, Section 50-110 – Stopping, standing and parking in specified locations.

Please be courteous and respectful of your neighbors here in the community where and when you are parking your vehicles.

SOLICITATIONS

Buckhorn Preserve prohibits solicitation of any kind within the community. No contractor, vendor, agent, or salesperson is permitted to approach your home unsolicited to sell goods or services. Unmarked vehicles canvassing neighborhoods should be reported immediately to the Association with a full description of the car and person.

TRASH CANS, RECYCLING & YARD DEBRIS

Trash and recycling containers shall not be readily visible from any street or adjacent properties, when stored on non-scheduled trash pick-up days. Containers stored outdoors shall be secured from animal intrusion and not emit odors affecting neighboring properties. Trash containers are picked up twice per week, recycling and yard debris is picked up once per week.

Containers shall be removed from curbside within twenty-four (24) hours of residential pick up. Containers shall be placed at least three (3) feet from each other to allow the collection vehicles to pick up each container. Articles placed outside the containers may not be picked up by weekly waste collection services and shall be the responsibility of the homeowner or resident for disposal.

No rubbish, trash, construction materials or debris of any kind shall be dumped, placed or permitted to accumulate upon any portion of a property or any common area.

Yard-waste shall be broken up into no more than twelve (12) separate thirty (30) gallon containers/bags or two (2) cubic yards of stacked material. Stacks are to be tied with twine, string, or rope and no longer than four (4) feet and weigh less than fifty (50) pounds per stack or container.

Hillsborough County is responsible for Buckhorn Preserve’s Solid-Waste collection through a negotiated contract. For the most current information on collection service, visit https://www.hillsboroughcounty.org/en/government/departments/solid-waste

PET POLICIES

The Buckhorn Preserve community is pet friendly. Pet owners are reminded you and your pet may encounter other pets and wildlife, so pets should always be leashed when outside a residence and in Buckhorn Preserve. Owners shall be legally responsible for their pets and injuries caused by them.

Dog tethering, the act of tying or confining an animal with a rope or line to a stationary object, is illegal in Hillsborough County unless the animal is directly supervised.

Owners are required to clean up after their pets. Owners shall advise pet/dog walkers and family members to adhere to the rules when walking/exercising pets. For more information visit: https://library.municode.com/fl/hillsborough_county

Homeowners or residents shall not keep, raise, or breed any wild animals, livestock, or poultry in or on any part of a residential property.

HOMEOWNER EVENTS

Homeowners and residents shall inform all guests of the community standards and regulations, especially parking rules, prior to any hosted event. Guests who park on the street shall leave ample room for emergency vehicles which is at a minimum of ten (10) feet. Parking across from a residential driveway or within ten (10) feet of a street corner is not permitted.

Please be aware of noise restrictions between the hours of 11:00 pm and 7:00 am. http://HillsboroughCounty.org/ordinances

Yard sales are permitted. Residents are reminded the use of other sale methods such as apps which require buyers and sellers to meet in person pose a significant risk when home addresses are provided to strangers. It is advised residents meet in a public place to avoid giving out personal information.

STREET SAFETY

Street safety is a priority for all community residents. Community speed limits shall always be followed. Cyclists shall travel the same direction as the flow of traffic and keep to the side of the road. Joggers, skateboarders, strollers, bicycles/kick scooters, and pedestrians shall remain on sidewalks.

Drivers are always cautioned to carefully approach crosswalks and yield to pedestrians. Residents and their guests shall obey community speed limits and right of way laws. The speed limit is twenty-five (25) miles per hour within the community.

Streets are regularly monitored by law enforcement.

HOW TO FILE A COMPLAINT

Some Community Standards are also Hillsborough County ordinances. If you wish to file a complaint, contact the Association to file a complaint. Please note some reportable issues such as pot holes, gutter repair, streetlights, flooding, fire codes, right of way issues, mosquito control, fallen tree limbs, along with other Hillsborough County Property specific complaints must be addressed directly with Hillsborough County.

RESOURCE GUIDE AND HELPFUL LINKS

Hillsborough County Municipal Codes – https://library.municode.com/fl/hillsborough_county

Hillsborough County Solid Waste Services – https://www.hillsboroughcounty.org/en/government/departments/solid-waste

Hillsborough County Sheriff Non-Emergency Line – (813) 247-8200

Hillsborough County Fire & Medical Non-Emergency Line – (813) 272-5665

Hillsborough County Services – www.hillsboroughcounty.org/businesses/permits-and-records

Dig Safe – Dial 811 before you dig – http://call811.com/map-page/florida

Hillsborough County Water Information – (813) 272-6680 or (813) 744-5600 (for emergencies)

https://www.HCFLGov.net/water

TECO Customer Care Line – (813) 223-0800 or toll-free (888) 223-0800

TECO Power Outages – (877) 588-1010

TECO Report a Gas Leak – (877) 832-6747 https://www.tecoenergy.com

Florida Statues Chapter 720 – http://www.leg.state.fl.us/statutes

Florida-Friendly Landscaping Program website – https://ffl.ifas.ufl.edu/homeowner.htm

EXHIBIT A – COMMUNITY COLOR PALETTE

A community color pallet was created to enhance continuity within the community. The authorized color schemes are from Sherwin Williams and Behr Paints. The newly added SW colors are a body color matched with a choice of trim and door color(s). The older SW and Behr colors offer only a body color with one (1) each trim and door color. For the older color schemes – the Body and Trim colors ONLY may be interchanged. Please note: homeowners have the option of choosing a body color and a trim color only (i.e., no door color) for any authorized color scheme.

Community Color Palettes can be viewed at the links below:

SHERWIN WILLIAMS COLORS

BEHR PAINT COLORS

Viewing color profiles on computer screens may differ from the actual color. You are encouraged view the actual paint samples with an ACC member, at a nearby Sherwin Williams Store, or with Behr Paints in any Home Depot store.

EXHIBIT B – EQUIPMENT SCREENING

Fencing and Enclosures Guidelines:

Fence panels and custom-built enclosures shall be an acceptable alternative for equipment screening

Fencing and enclosures shall be only white in color

Fencing and enclosures shall be of premium quality, weather resistant materials that withstand extreme weather conditions.

Fencing and enclosures shall be simple with clean lines (Ornate enclosures shall not be permitted)

Requirements such as setbacks and lot restrictions shall apply.

Enclosures shall be permanently installed (Installation by a qualified contractor is recommended)

An acceptable sample of enclosure styles are pictured below.

EXHIBIT C – MAILBOXES

Mailbox Guidelines:

All mailboxes and their posts in Buckhorn Preserve will be white with black numbering.

Mailboxes are permitted to have an additional slot included for newspapers.

Samples of acceptable mailboxes are below:

EXHIBIT D – FENCE GUIDELINES

Privacy Fencing Guidelines:

· Vinyl/PVC or wooden fencing that is board-on-board or shadow box style is authorized types of fences for Buckhorn Preserve per our CC&Rs.

· Vinyl/PVC fencing shall be only white in color.

· Vinyl/PVC fencing shall be of premium quality and made of UV resistant materials.

· Vinyl/PVC fencing shall have an imprinted simulated woodgrain surface.

· Fencing shall be a maximum of six (6) feet in height. EXCEPTION: if home abuts retention areas – then maximum height is three (3) feet solid bottom portion with option of a one (1) foot decorative style topper on Vinyl/PVC fences only.

Acceptable fence styles (board-on-board and shadow box) are pictured below.