HomeMy WebLinkAbout29-05 Fieldstone II, 1 and 2 and 3 Phase II 102 Lots 49.33 Acres Opequon - Backfile (2)z Subdivision Checklist c Go
1. Comment sheets from the following agencies, along with any marked copies of the plan:
VDOT City of Winchester GIS (Road Name
Review)
Sanitation Authority Health Department
Inspections Department Parks & Recreation
Fire Marshal County Engineer
2. _ One copy of the subdivision application
Application received.
Fee paid (amount: $T7G1l )
Information entered in d-BASE and Reference Manual
QJ D Ste'
File given to Renee' to add to Application Action Summary
o
Plat(s) signed by Subdivision Administrator
),-)A c'
Approval letter to applicant/agent
9'/"o
Copy of final subdivision plat(s) [with signatures) made and given to Mapping
and Graphics Manager for structure numbering assignment
r1 Lo 2
Updated d-BASE and Reference Manual
File given to Renee' -to update Application Action Summary
Final plat(s) submitted with review agency signatures along with:
-- - -_-_Recorded deed of dedication — — — -- —
Bond estimate (if required) $
O \Operations ManuaRsubdivision.u-k
Revised' b24/02
-No.
(DATE -
r
ACCOUNT
PAYMENT
100
RAI DUE
0 CASH I, FROM
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0 MONEY
ORDER
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RECEIPT DATE
RECEIVED FROM
ADDRESS
V FOR RENT
❑ FOR
AMT. OF
CASH
ACCOUNT
-
AMT. PAID
CHECK
BALANCE
MONEY
DUE
ORDER
RECEIPT DATE
RECEIVED FROM
ADDRESS
❑ FOR RENT
❑ FOR
• •
1 ■
AMT. OF
CASH
ACCOUNT
AMT. PAID
CHECK
BALANCE
MONEY
DUE
ORDER
BY
BY_
NO. 702.E
DOLLARS $ I
NO r:
DOLLARS $ -
RECEIPT
DATE
RECEIVED FROM
ADDRESS
DOLLARS $
❑FOR RENT
❑ FOR
AMT. OF
CASH
ACCOUNT
AMT. PAID
CHECK
BALANCE
MONEY
.:.. DUE
'ORDER
RECEIPT
RECEIVED FROM
ADDRESS
❑FOR RENT
❑ FOR
DATE
AMT. OF
CASH
ACCOUNT
AMT. PAID
CHECK
`..
BALANCE
MONEY
DUE
ORDER
BY
BY
DOLLARS $
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION TWO — PHASE TWO
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
FEBRUARY 21, 2013
SEC.
ONE
VICRVRY MAP
1" - 2000'
OWNER'S CERTIFICATE
THE ABOVE AND FOREGOING SUBOMS/ON PLAT AMENDMENT AND BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF ARCAD/A COMMUNITIES, INC. AND RaDSTONE TOWNHOME ASSOCATION, INC.,
AS APPEARS ON THE ACCOMPANYING PLATS, 1S WAH THE FREE CONSENT AND IN ACCORDANCE WITH
THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY.
ARCA CO TIES, INC. RELO E I HOME AS5OC1477ON, INC.
BY• 1 BY i
COMMONWEALTH OF 0GIN14
CITY / COUNTY OF Loy-lol.-tn , TO 444T.•
ME FOREGOING OWNER'S CERTIFICATE WAS W-
LEDG D BEF E ME TNNVS "1AY OF &='
21 BY —Ad ac<--
0
MY COfkM/SSTON EXPIRE _° c�% 2t�.
REGIsTRAnoN No. 7/43
1. �� :.�1� , ►,i'/.�r,
SURVEYOR'S CERTIFICATE
l HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS AMENDED FINAL SUBDMSION PLAT IS.
(i) ALL OF LOTS 31-102, RELDISTON& SECTION TWO - PHASE TWO AS ESTABLISHED BY nMt
SUBDMSION PLAT DATED AUGUST M 2006 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT
CLERK'S OFFICE AS INSTRUMENT No. 070015356 AND BY DEED OF DEDICATION, SUBDMSION AND
EASEMENT DATED OCTOBER 19, 2007 OF RECORD IN SAID CLERK'S OFFICE AS INSTRUMENT No.
080001436, BEING THE SAME LAND CONVEYED TO ARC401A COMMUNITIES, INC. BY DEED DATED
DECEMBER 6, 2012 OF RECORD IN SAID CLERK'S OFFICE AS INSTRUMENT No. 1200I J744 AND
(T ALL OF THAT PARCEL DESIGMTED AS OPEN SPACE, RELDSTON& SECTION TWO - PHASE TWO
ESTABLISHED BY THE AFORESAID PLAT AND DEED OF DEDICAnON, SUBDMSION AND EASEMENT, BEING
THE SAME LAND CONVEYED TO FIELDSTONE TOWNHOME ASSOCIATION, INC. BY SAND DEED OF
DEDICATION, SUBDMSION AND EASEMENT D4TED
OCTOBER 19, 2007 OF RECORD IN SAID CLERK'S
OFFICE AS INSTRUMENT No. 080001436. RICHARD A. EDENS, L.S.
NOTE: TAX PARCEL &fflgrAr!�
(i) ARCAD/A COMMUNITIES, INC. T.M. 550-5-2-31 THRU 102 (LOTS 31 - 102) ZONE, RP USE:' VACANT
(m) FIELDSTONE TOWNHOME ASSOC14WN, INC. T.M. 55G-5-2-102A (OPEN SPACE) ZONE.RP USE VACANT
APPROVAL:
�p.LTH -
k
{ 1
RICK COUNTY SUBDMS/ON ADMINISTRATOR DATE
$ RICHED A EDENS �
IAA. No. 2550
GRERNWAY ENGINEERING, iNc.
k4151 Windy Hill Lane
Engineers Winchester, Yu*nia 22602
Surveyors
d
Telephone: (540) 662-4185
SURF
FAX (540) 722-9528
2160A SHEET 1 OF 18
Founded in 1971 www,8reenwayeng.com
a
250 0 .125 250
GRAPHIC SCALE
(IN FEET)
---.yam r�
��' pAF 7AI 55—A-175E
� FF W A&L RACE HOMEOWNERS ASS"WN
IR QOIRF D8 679 PG &V
\ ' S, o-_-,(IRF O 37.569 ('
€RLIIVE OF ABRAyS
rr
SECTION 2
PHASE 2�
IRF
NA88AU DF�
SHEET INDIX
1= COVER
2- INDEX MAP
3 THRU 5- NOTES, LINE TABLES, CURVE TABLES
6 THRU 9= DRAINAGE AND UTILITY EASEMENTS
10= LOTS 31 THRU 39
11= LOTS 40 THRU 48
12= L07S 49 THRU 52
13- L07S 53 THRU 62
14= LOTS 63 THRU 73
15= LOTS 74 THRU 82
16- LOTS 83 THRU 89
17= LOTS 90 THRU 96
18= LOTS 97 THRU 102
10,
K , " F,
UM 59
_rr
rm 55-r1—t65C
UMNEW C AIM&C c:)
KATHEW M MCH E
QB 959 PQ 1851 co
0'1
PS O 50.007
REMWE OF
7M 55 A-181
ARCi1DH (.009 1Y= M
MT No. 12WIJ74J
22.5751 AC (REANAW)
SECTION 2
PHASE 1
UNE DATA (THIS SHEET my)
LINE
BEARING
DISTANCE
L 1
S 32'07 33" W
149.70'
L2
S 4146 35 E
157.36
L3
S 65'16'15" E
454..72
L4
N 865 25' E
279.87
L5
N 8T56'10' E
274.21
L6
S 03'0121 W
161.46'
L7
N 84 24 31 W
69.95'
L8
S 54 25 55" W
11.79'
L9
N M. 10 W
2D2.12'
L 10
N 04'49 37' EI
387.18'
L 11
I N 171222' W
386.76'
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION TWO — PHASE TWO
RED BUD MAGISTERWL DISTRICT, FREDERICK COUNTY, WIRG/N14
SCALE: 1" = 250' T DATE: FEBRUARY 21, 2013
GREENWAY ENGINEERING, mc.
151 Windy HUI Lane
Engineers Winchester, Vugi da 22602
SuTve'ors Telephone: (546) 662-4185
FAX (540) 722-9528
Founded in 1971 www.greenwayengcom
MI
RICMD L EDENS 5:
Lie. No. 2550
2160A SHEET 2 OF 18
LEGEND.
IRF - 1/2' IRON REBAR FOUND
UNLESS OTHERWISE NOTED.
o = 1/2' IRON RaMR & CAP SET
UNLESS OTHERWISE NOTED
IPF = IRON PIPE FOUND
-- S2E AS NOTED
BRL - BUILDING RE57WnON LINE
PER ZONING ORDINANCE
= CENTERLINE
• = POINT (UNMONUMENTED)
RI)V- RIGHT OF WAY
TYP.- TYPICAL
ESMT - EASEMENT
1 In ';1&
®.
= SIGHT DISTANCE EASEMENT
(LINE TABLE E1-E4)
= DRAINAGE EASEMENT
(UNE TABLE E5425)
= WATER AND SANITARY SEWER EASEMENT
(UNE TABLE E26-E71)
= "ESS EGRESS EASEMENT (NO HATCHING)
(UNE TABLE E72—£IOO AND
CURVE TABLE EC2-EC17)
PHASE 2 SUMMARY AREA TABULA
ARFA IN RIGHT OF WAY - 0.0000 ACRES T.M 55 A-181 AW) - 39.2623 ACRES
AREA IN LOTS - 5:7136 ACRES LESS PWE 2 TOTAL -—16,6692 ACRES
AREA IN OPEN SPACE - 10.9756 ACRES RESIDUE OF T.M. 55 A-181 - 22.5731 ACRES
PHASE 2 70TAL AREA - 16.6892 ACRES (BY SUBTRACTION)
NOTES
1. THE BOUNDARY INFORAMWN SHOWN HEREON IS BASED ON A .CURRENT RELD SURVEY BY THIS FIRM.
Z NO T17LE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN.
3. THE PROPERTY SHOWN HEREON UES WM W ZONE A SPECIAL FLOOD HAZARD AREAS SUBJECT 70
INUNDA710N BY THE 1X ANNUAL CHANCE FLOOD, NO BASE FLOOD ELEYATAOIVS DETERMINED, AND ZONE X,
AREAS DETERMINED TO BE OUTSIDE THE 0.2X ANNUAL CHANCE FLOODFiNN, PER N.FU.P. FLOOD
INSURANCE RATE 94P Ab, 51069CO240D, DATED SEPTE W 2 2009. THE APPROXIMATE LAIBIS OF S410
ZONE A ARE DEPICTED HEREON AS DETERMINED BY GRAPHIC PLOTTING UPON THE REFERENCED FLOOD
INSURANCE RATE MAP PANEL
4. THE IN7ENT OF THE RECORDING OF THIS AMENDED RK& SUBDIVISION PLAT OF FIELDSTONE - SECTION
TWO - PHASE TWO IS: (I) TO ADJUST THE BOUNLIARIES BETWEEN LOTS 31-34 AND THE OPEN SPACE
PARCEL AND THE RELATED INGRESS EGRESS EASEMENT, THEREBY EN(ARGING LOTS 31-34 AS DEPICTED
HEREON AND (a) 10 CONRRM THAT THE FRONT BUILDING RESMCWN LINE AS APPLIES TO LOTS 31-102
IS LOCATED 20' FROM THE PHYSICAL UM17S OF THE PARKING AREA OR DRIVEWAY AS SITUATED UPON THE
ABUTTING OPEN SPACE.
E4SEMFM UNE DATA
UNE
BEARING
DISTANCE
El
S 68'5934' W
4Z57'
E2
S 7712 00' W
65.21 '
E3
S 8,T47'12' W
190.18'
E4
N 8715 34 W
51.45'
E5
—
—
E6
—
—
E7
N 48'32'27' W
104.66'
E8
N 412733' E
20.00'
E9
S 48 32 27 E
104.66
E10
N 09 22'11 ' E
75 93
Ei 1
N 045756' E
324.32'
EASEMENT UNE DATA (Cont.)
UNE
I BEARING
DISTANCE
E12
N 68'3148 W
82.48'
E13
N 770257' W
98.22'
E14
N 12'57 03' E
20.00
E15
S 7702'57' E
99.71'
E16
S 68'J148' E
98.90
E17
S 04'5T56' W
340.02'
E18
S 0922 11' W
77.29'
E19
N 05'15'48' W
191.47'
E20
N 82 50 43 W
52.45'
E21
N 84 26 32' W
30S O1 '
E22
N 05 33 29 E
1 20.00
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION TWO — PMSE TWO
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WWN14
SCALE: !VA I DATE: FEBRUARY 21, 2013
lo
GREENWAY ENGINEERING, Amc.
151 Windy Hill Lane
Engineers lVuwJwter, VvgWa 22602
Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.com
RICM A. EDENS
Lic. No. 2550
2160A SHEET 3 OF 18
A
EASEMENT LINE DATA
UNE
BEARING
DISTANCE
E23
S 84-2630w E
305.28'
E24
S 82'50'56' E
68.61,
E25
S 05'15'48' E
207.07
E26
N 44'34 10' W
13.17'
E27
N 04'49'37' E
200.85
E28
N 85' 10 22' W
6.49'
E29:
N 04'43 57 E
20.00
E30
S 85'16'03 E
6.52'
E31
N 04'49 37 E
148.35
E32
N 4949'37' E
57.78'
E33
S 8203 39' E
19.55
E34
N 49'42 01' E
5.11 '
£35
N 0756 2 f E
6.19
E36
S 8203 39 E
345.55
E37,
S 075621 W
10.00
E38
S 8203 39" E
56.20'
E39
N 075621' E
9.50'
E40 i
S 85'04'43' E
155.75
E41 `
N 84:49'14' E
157.04
E42'
S 05'10'46' E
10.00,
E43
N 84'49'14' E
20.64'
E44
S 05'1046' E
20.00'
' E45.
S 84'49 14' W
162.55'
E46' .
S 05'24 37' E
211.55
E48
N 04'49 37' E
349.09'
E49
N 49'4937' E
39.43
E50
5, 820339' E
21.58'
E51
N 075621 ' E
11.50'
` E52 ;
S 8203'39 E
218.38'
;E53;
S 075621' W
30.23'
E54
-
-
E55'
S 04'39 35' W
227.40'
E66
S 18'19 40' E
125.94'
E57
N 16,19 40 W
119.83
E58''
N 04 J9 35' E
209.97
E59
N 8520'25 W
10.61 '
E60
N 0756 21' E
40.40
E61
S 62'0339' E
113.01 '
E62`
S 0756 21 ' W
11.50
E63
S 8203 39 E
20.00'
E64 ^,
N 0756 21' E
11.50,
E65 f
S 8203139' E
139.44,
E66';
N 84'49 14' E
22.49'
E67'
S 05'24 37 E
211.66'
E68
S 69'16'40' W
272.61'
'; i E69',
S 56'14'10' W
38.01'
770
N 56'14'10' E
39.46
E71
N 69'10 55" E
71.87'
E72
S 64'36'34' E
9.50
FASFUFNT "NF DATA f6ont. )
UNE
BEARING
DISTANCE
E73
N 62'0120" W
68.84
E74
N 04'49'37 E
15.00
E75
N 85'10 23 W
13.50'
E76
N 04'49'37 E
320.50'
E77
S 85'10 23' £
10.65
E78
S 82'03 39' E
10.00
E79
S 82'03 39' E
1154
E80
S 82'03'39 & E
10.00'
E81
N 89'01'55 E
42.36'
E82
S 05'16 18' E
36.51
E83
S 05'09 44 E
18.50
E84
S 84'49 14' W
129.34'
E85
S 40'45'36' W
13.56
C86
S 1134'16' E
18.42
E87
N 62*01'20 W
70.17'
E88
N 04'49'37' E
7.17
E89
N 04'49 37 E
16.67'
E90
N 14'45'09' E
2.34'
E91
S 82'03 39" E
236.53
E92
S 39'47'05' E
13.44'
E93
S 04'49 37" W
10.00
E94
N I l *J5'12' W
625'
E95
S 2T 14 07" E
.3 40'
E96
N 33'19 59 W
7.50'
E97
N 56'40 01 " E
13.50
E98
N 33'19'59' 'W
28.46'
E99
N 30'06'04. W
19.12'
E100
N 85'10 23' W
14.66'
E101
N 04'49 37" E
12.28'
E102
-
-
E103
-
-
E104
N 04 49'37' E
0.89'
E105
N 5126 13 E
13.29'
E106
S 82'03'39' E
185.93
E107
S 48'0521" E
13.40
E106
S' 01'15'47 E
I 16.6T
LJNF DATA
UNE
BEARING
DISTANCE
L 1
S 6 000 24' W
6.92'
L2
S 6 i 36'54' W
6.99'
L3
S 75' 10 30' W
16.45'
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SECTLON TWO - PHASE TWO
RED BUD MAGSW?AL DL Wr,, fREDEMW COUNTY, VIROM
SCALE: NIA I DATE: FEBRUARY 21, 2013
GREENWAY ENGINEERING, INC.
151 Windy B111 Lane
Engineers Winchester, Virginia 22602
suTveyon' Telephone: (540) 662-4185
FAX (540) 722-9528
Founded in 1971 www.greenwayengeom
I-w,-Q A-f... x
REM A. EDENS 5:
Lie. No. 2550
2160A SHEET 4 OF 18
t" l /RW nATA
CURVE
RADIUS
ARC LENGTH
DELTA ANGLE
TANGENT
CHORD BEARING
CHORD LENGTH
C 1
528.00'
377.23
40'56 05
197.07
S 72'40 07 W
369.26
C2
32735,
278.67
4928 45
148.37'
S 76-56WR W
269.51
C3
41.00
59.50
83'08'48'
36.37
N 36'4447' W
54.41
C4
865.00
337.67
22-21'59'
171.01'
N 06'2122 W
335.53
C5
865.00
29.07
61 572
14.54'
N 18 30 08 0 W
29.07'
C6
3500'
70.07'
114'42'18'
54.63'
N 3753 15 E
56.94
C7
275.00
131.36'
2722 07
66.96
S 71'04 E
130 11
C6
915 43'
15 04'
00'5629'
7.52'
S 57'51 43 F
15.04'
C9
177.00
38.86
12'34'45'
19.51 '
N .10'53 55 W
38 78
C10
177,60'
22.13'
0709'49
11.08
N 01'0139' W
22.12
CI 1
177.00
7.02
02' 16 2t'
3. 1
N 03'4127 E
7.02'
02
-
-
-
-
-
-
C13
220.61
22.04
05'4324'
11.03'
S 0157'55' W
22.03'
C14
220.6 P
38.03'
09'5241 '
19.06'
S 05 50'07 E
37.99'
C 15
220.61
36.94'
09'35 40
18.51 '
S 171146 E
36.90
C16
220.0'
24.61'
0673'30'
12.32
S ZT 1121 E
24.60
C17
226.61
4. i9
Of U5'3T
2.11'
S 28'5554 a F
4.21
C18
73 00
26.01'
20'24 46'
13 14'
S 54'30'35' W
25.87'
C19
73.00
24.15
18'57 03
1218
S 74'113D' W
24.04'
020
73.00
88.18'
14'16'20'
9.14'
N 69-11'49' W
18.14
C21
477.00
17.26
02'04 25
8.63'
N 83'Ot5 51 W
1726
022
477.00'
37.45'
04 29'5Y
18.73'
N 8622 59 W
37.44'
C23
32,. 00
6.81'
01'12 28
3.40
S 0354 16 E
6.81
C24
323,00"At]
02'0702
5.9
S 05'34 02 E
11.94'
C25
?77.00
62'48'16
6.78'
N 05'1325 W
1156
C26
277.00
6031 14
1.28
N 03'33 40 W
252
EASEMENT CURVE DATA
CURVE
RADIUS
ARC LENGTH
DELTA ANGLE
TANGENT
CHORD BEARING
CHORD LENGTH
EC2
15 DO
19.97
76'1724
11.78
N 63'32 08 E
18.53
EC3
24.57'
5.69'
13'16 19
2.86
N 18'44 41 E
5.68
EC4
35.58
47.25
76'04'35
27.84
N 23'56 13 W
43 85'
EC5
63.50 a74.09'
66'50'57'
41.91
N 2835 51 ' W
69.96'
EC6
4.50
7.07
90-W 00
4.50
N 40,1023 W
6.36
C7
15.00'
14.04
53'37'34'
7.58'
N 68'00'50 E
13.53'
08
73.00
3.95
03 06'09'
1.98'
N 42'45 08 E
5.95
09
4.51'
7.56'
96'0455'
- 5.02'
S 4253'06' W
6.71'
EC10
15.00
24.28'
92'44'33'
15.74'
N 3414 2.1 W
21.71
EC i 1
71.23
95 71
16'59'15'
56.65
N 262529 W
W.67'
EC12
27.00'
31.50
66-50 57,
17.82 r
N 2835 51' W
29.75'
W 13
27.00
10.94
23'12 30'
5.54
N 262124 E
10.86
EC14
15.00
24.77
943735
16.26'
S 20'04 41 W
22.05'
EC15
15.06
25 85'
9872'09'
1743'
N 82'36 35 W
22.79'
EC16
16J 50
31.35
10'59 12
15.72
N 24 36'28 W
31.30
EC 17
536.50
72.79
07'46 24
36 45'
S BY56 51 0 E
72.73
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SECRON TWO - PHASE TWO
RED BUD MG/STERAL DSIMT, FREDMICK COUNT); WRG/NW
SCALE: N/A DATE: FEBRUARY 21, 2013
GREENINAY ENGINEERING, 1NC.
151 Windy Hill Lane
Engineers Winchester, Ya mza 22602
Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.com
R[(,`MD A ®ENS
Lic. No. 2550
2-Z�-13 n
2160A SHEET 5 OF 18
LIM
FM
IP
V 00
08
42
Qm ��
Z
W
aWATER AND
SANITARY SEWER
2. Ew
EX NATER
AND SANITARY
EWr
INS No.
060020551
SEE SHEET 9
LOT 58
LOT 57 � ...
LOT 56
LOT 55 I
w _
LOT 54
LOT 53
OPEN SPACE
r;r -•ti
PROPOSED
AINAGE ESAIT ' y'
0
LOT 43
R•
LOT 44
LOT 46
w LOT 47
�w
LOT 48
dZOT49
LOT 52 Z
Cn
E7G WATER EX. DRAINAGE ESAIT
ESAIT S �819'1p. E4 ` Na 06
E
Zola Ab.
HQ,0rA 1��
/A5, R� (pue�R/V,E a
°6402a 1 IX WATER E'SUT
INST. No. 060020551 SIGHT
DISTANCE ESAIT
50
0 50
GRAPHIC SCALE
*SEE SHEETS J THROUGH 5 FOR NOTES, LEGEND AND DATA TABLES.
(IN FEET)
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE`�A�
G'r
SECTION TWO - PHASE TWO
RED BUD MAGISTE W DISTRICT, FREDMM COUNTY, WIRG/NW
$ RIGZiM A. EDENS
SCALE: 1° = 50' DATE: FEBRUARY 21, 2013
Lie. No. 2550
GREENWAY ENGINEERING$ Mo.
Z-zk-03
—It\ 151 Windy H1Q Lane
\..VEngineers Winchester, V 22602
Sun'eyws
�Yd $U�
Telephone: (5440). 66662-4185
FAX (540) 722-9528
Founded in 1971 www.greenwayeng.com
2160A SHEET 6 OF 18
SEE. SHEET 9
LOT 40
LOT 39
LOT 41 ' �_ _ _ 110
LOT 42 ` LOT 38 2° LOT 83
4: LOT 37 -- -----
LOT 43 �,? 1` LOT 84
LOT 36
IT
LOT 85
°:: •. LOT 35 °
LOT 86
LOT 44
LOT 87
LOT 45 PROPOSED WATER AND ° LOT i—
�_ SANITARY SEWER ESMT
LOT 46 LOT 34 °
°
---__ . <' ' - - ° LOT 89
LOT 47 ° LOT 33
0
LOT 31 I
LOT 46 OPEN SPACE
5.1
° LOT 31 �, w
LOT 49SA1R C 10002,0551
OPEN SPACE S�O ��(f I ST. No .•
551
LOT 50 °- 600 G
EX �No•
145 Dl WATER ESMT
LOT 51 ° o 1145
INST. No. 060020551
u; \ EX. DRAINAGE ESMT
�INST. No. 060020551
tn. LOT 52 J� 4i �f
G
h E3 �V O1
�fr • 1�6�20
PROPOSED SIGHT
EX. 14' WATER ESMT DISTANCE ESMT
INST. No. 060020551
'SEE SHEETS 3 THROUGH 5 FOR
NOTES, LEGEND AND DATA TABLES
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION iW0 — PHASE TWO
RED BUD MAGISOM DISTRICT, FR WWK COUNTY, WIRG/N14
SCALE: 1" - 50' E DATE: FEBRUARY 21, 2013
GREENWAY ENGINEERING, mr.
15Win
dy ndy Bill Lane
Engineers WPmchester, Virginia 22602
Surveyors Telephone. (540) 662-4185
FAA (540) 722-9528
Founded in 1971 www.gmmwayeng.com
50 0 501
GRAPH/6 SCALE
RiCti 0 A. ®ENS
Lie. No. 2550
2160A SHEET 7 OF 181
I�
LOT 86
LOT 87
*SEE SHEETS 3 THROUGH 5 FOR AV=
LEGEND AND DATA TABLES
50 0 501
GRAPHIC SCALE
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION TWO — PHASE TWO
RED BUD Ab4GISlOW DISMICT, FREDERICK COUNTY, WMINIA
SCALE: 1" = 50' DATE: FEBRUARY 21, 2013
GREENWAY ENGINEERING, imp.
/J�N 151 Windy Hill Lane
\�47 Engbeeers Winchester, VuSinia 22602
Surveyors Telephone: (540) 662-4185
FAX (540) 722-9528
Founded in 1971 www.8reenwayeng.com
[CWD L EDENS
Lic. No. 2550
2160A 3HEE"1' 8 OF 18
m E29 s OPEN SPACE E14 •SEE SHEM 3 THROUGH 5 FOR
: 4f
NOTES, LEGEND AND ETA TABLES
W PROP05ED WATER ANO
SANITARY SEWER EASEMENT
LOT 63
Em
E34 �1
MERIDOr RECORD �;; :'::.. '::::::= tor 64
INST. m 04OW6449 �~-- -
o tor 8`
1
tor 68
PROPOSED
DRAINAGE ESMT = .� LOT 67
• ..:, : : ! •. .�:r�,�o�-�:...:�.'::. �- • `" ' o`er _
•.• . -�"�'-----�-�
tor 68
A' tor 69
LOT 70
WATER 1 tor —o
AND SANITARY ��
SEWER EMIT o
'Or 72
5 aCO
ono O E22�1-
K/N�SLEy py : }'. • W;� Lor 73
LOT 74
1 1� ' i•,' •. 4j- Or 75
1 i. JJ
LOT
76�"--0
FJ7 --�
PROPOSED t 62 : LOr 77
DRAIN4GE EsMT
', £39 L07 78 GRAPHIC SCALE
SEE SHEET 8 �.: s (IN fEET)
AMENDED FINAL SUBDIVISION PLAT
FIELDS TONE
SEC77ON TWO — PHASE TWO
RED BUD U4GlSIERWL DISTRICT, FREDERICK COUNT); WROIN14
SCALE: V = 50' DATE: FEBRUARY 21, 2013 MCM L EDENS a
Lic. No. 2550
GRUNWAY ENGINEERING, imp. Z-zc-(3
151 Windy H-dl Lane
Engineers Winchester, Virginia 22602 d SUR`�
Surveyors Telephone. (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.8reenwayeng.cam 2160A SHEET 9 OF 18
UP
O
w
W
En,
eM .
40
41
42
43
44
45
46
47
48
49
50
COBBLE STONE DRIVE (PRNATE)
PROPOSED INGRESS/EGRESS OPEN SPACE
EASEMENT
E1o6— 10,9756 ACRES
S 89'f013' E 12a0b'16.
a —
W LOT 39 — 448o sF
A
C
g
W W
Q �
J
O
2 i
w
Z
N S IO%r W 12a00'
o�
LOT 38 - 2640 SF $
N 86YO2r W 12a00'
a.
g
LOT 37 - 2640 SF FA
�i 84
I
N 8rto'23:W 12a00'
LOT 36 - 2640 SF 8
85
N 85'10%r W 12a00'
86
+, LOT 35 — 448o sF
—' N BS'10%Y W 12a00' ?9s,c�, 87
I---
S &PI02r E 1446.5' 88
I LOT 34 — 5471 SF
89
1
I
N MrYU'Z3- W 149.='
LOT 33 — 3224 SF
gill
v
-"
N griOlYm W 14441'
10'.k
LOT 32 - 3201 SF
-"
N W1013' W W IS'
N
31 ^- 5213 sF
H
�LOT
ORIGIML LOT UNES
HEREBY VACATED
�E100
c+
N 85'1013 W 13164'
Nr OPEN SPACE �
PROPOSEDJ�
10.9756 ACRES ti� ��i , 0�
IN R
EASEMENT
51
*SEE SHEETS 3 THROUGH 5 FOR m� `C15
NOTES, LEGEND AND DATA TABLES O,
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION TWO - PHASE TWO
RED BUD MAGISTERIAL DISTRICT, MMERIM COUNTY, WIVNIA
SCALE: 1" = 40' 1 DATE: FEBRUARY 21, 2013
GREENWAY ENGINEERING, iwrc.
15.7 Windy Hill Lane
Engineers Wmchemr, ;-wp a 22602
Telephone: (540) 662-4185
FAX.• (540) 722-9528
Founded in 1971 www.ffleenwwng.com
40 0 40
GRAPHIC SCALE (IN FEET)
Qq,-1 A,- QQ .
RIMM A. ®ENS
IAc. No. 2550
2160A SHEET 10 OF 18
Q a 73
CQBL 74 75
46 s DRIV (P Nor )NF E OPEN sp
PRpppsED 10.9756 AC ACE
d IN�R
p S B3 to
62 � � �'—
LOT 40 — 4480 SF m e
61 o N $^'fo23'w
g4 LOT 41 N 2s4o sF o o,
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W
' LOT 42 N 2640 SF $ 03
59 o N es102r 120.00• 41-
og 37
LOr 4� N
Z 448058 SF
coMO i2a
O £93 O
S lli"J0' E 1?Q00'
2439*104 W 272.84'
LOr 44 — 4480 Sr 017E FROM IRF O C1 & C2)
57 fo Al 85 J0 _W 1Moo,
�I LOr 45 1 2640 SF $ o
&S'
o N f0i3-W
5612Q00' �i(� 34
$ LOT
46 2640 SF
56 Wow
g $ LOT 47
=o4 N awrio 1 264SF ,hl
_W 121.10. Ci
". LOr o 20' 32
54
48 — 4631 SF
53 o N Bs102, W t f3' 10'i
- 31
49 N 50'3723 W 15,T 15'
r17E FROM IRF • CI & C2)
40 0 40
*SEE SHEETS 3 THROUGH 5 FOR
NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET)
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SECnav TWO - PHASE TWO �x
RED BUD AAG/57ERIAL DI�TR/CT, FREDER/CK MUM,VIRG/NIA $ RICHARD L DENSBCMZ: 1" - 40' DATE: FEBRUAW 21, 2019
Lic. No. 2550
GREENWAY ENGINEERING, im/t*4%
151 Windy HiR Lane .�04
Engineers Winchester, Virginia 22602 ,9UB�j�►
S�'�'ors Telephone. (540) 662-4185
FAX (540) 722-9528
Founded in1971 www.greenway&W.com 2160A SHEET 11 OF 18
171vnc.L.11-1-c VrFIVC
56' R/W (PU&IC)
lNST. NO. 060020551
*SEE SHEETS 3 THROUGH 5 FOR
NOTES, LEGEND AND DATA TABLES
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SEMON TWO — PHASE TWO
RED BUD MAGIMAL DISTRICT, FREDERICK COUNTY, WRON14
SC=: 1" = 40' 1 DATE: FEBRUARY 21, 2013
GREENWAY ENGINEERING, LNG
151 Windy Full Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX (540) 722-9528
Founded in 1971 www gree +Wayen&com
40 0 40
GRAPHIC SCALE (IN FEET)
RIMM A EDENS
lAc. No. 2550
2160A SHEEP 12 OF 18
C
V
4in
rE-;6- " OPEN SPACE
10..9756 ACRES f
I IEG
EC19 j-- --—
E90 £9f_, — --
-----
0
E fo9.os' (AE) 20' S 85'10WO E 12a00'
LOT 62 N 4480 SF
If
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i .i
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Z m
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1
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LOT 61 N 2640 SF 8
N 85'f0'23_W 12Q00' `.
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..
41
LOT 60 N 264o sF a
42
N 88'10W wW 12R00' �a
ik
LOT 5.9 N 2640 SF $
N 8V IOTr W 12a00'
43
h
LOT 58 N 448o SF
N MOW W 120.00'
0 &
OPEN SPACE
S B5'10"23" E 1ZQOID'
o
44
LOT 57NwoSF41
a
45
LOT 56 - 264o SF �
a
46
N 0id5' %r W 120.00' '
O g
LOT 55 — 2640 SF
13
�
47
N ayl3WYW l2R00
LOT M — 264o SF
ter_-r
a
48
LOT 55 - 4480 SF
49
e 1�
40 0 40 OPEN SPACE
GRAPHIC SCALE (IN FEET) ` 10,9756 ACRES
Ic
*SEE SHEM 5 THROUGH 5
FOR NOTES, LEGEND AND DATA
TABLES.
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SEC770N TWO — PHASE TWO
r
WGIS70WDISTRICT, FREDER/CK COUNTY, WRGIN14
1" *� 40 DATE: MRUARY 21, 2013
GREENWAY ENGINEERING, 1KC.
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng com
RiCHW L EDE NS
Lic. No. 2550
2160A SHEET 13 OF 18
O
OPEN SPACE .•0 �RECW
Al 46'15'32' E 94.83' 10.9756 ACRES _��• , 06449
(TIE 10 SAME COR. AS SHT. 13)
�"" i N 075621 _ E 120.00' o
E76 1 10,
EC7 h
1
EC8 LOT 63 N 5126 SF
N 28'S0'f 5 (W)r W � �. S 075621' W f31.93'
5
fC13 20 O,4
ro'f LOT 64 , 2780 SF $
S 075621' w 122.25' -
QQ o o$
-$ LOT 65 — 265J SF $
S 0756'21: w 120.00' I m
` I $ LOT 66 � 264o SF $
S 0.rW21 _w 120A0'
O o�
61 62 1 y
LOT 67 N 4480 SF
W N S 0756'210 w 12a00'
1 Zc�--E75 OPEN SPACE c
0 o N 0756'21 " E 120.00' O
W
W ( LOT M N 4480 SF
r. R Q
s o7m61L_w 12aoo' o y
0)'k 21 LOT 69 — 264o sF I Z o
I 41 go s OM21_w 12aW' o
' $ LOT 70— 2640 SF $ 0
J
j m I� S 07WW" w 12a00'LIJ
�I
40 V $ LOT 71 — 2640 SF $c
7WTv w I a00' �!
p�
tii g LOT 72 2640 SF
Z g'
i I0 1_w =00 �O
ti LOT 73 — 4480 sr
�20' S 075621- w 12a00' c
K►NGSLEY I-Ile�+OPEN SPACE
DRIVEW --
(PRIVATE) 74 40 0 40
*SEE SHEETS' 3 THROUGH 5 FOR
NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN FEET)
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION TWO — PHASE TWO
RED BUD :MAGISTERIAL DISTRICT, FWER/CK COUNTY, HMNIA .,
Fi.N A. SCALE: * = 40' DATE: FEBRUARY 21, 2013 BENS a
Lie. No. 2550
/j7\ GREENWAY ENGINEERING, �. 2-Z►-�3 �,
151 Windy Mill Lane `
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX (540) 722-9528
Founded in 1971 www.greenwayeng.com 2160A SHKZT 14 OF 18
I
40 ti MFBOAN sw
OOD
�g � No.
73
KINGSLEY -- OPESPACE
--
DRIVE N 07W :1-_E 12a°°'
(PRIVATE) —20'
10
E104 1'1 % LOT 74 N 4480 SF
N N O758'21' f 12a0O' o
LOT 75 N 2640 SF
a N 07M21 E 12a00 o A
3 $ LOT 76 — 2640 SF 8 :'
N 07-MT1_ E 120W
O
39 0
I
LOT 77 - 4480 SF "' S 10kl
I co o rg S OT56'21_ W 12aO0' 1� 0 g
to y a, �-E80 OPEN SPACE �RF
mN Or56 11 E 12a0O
4 LOT 78 4480 SF 4
Q V o N 0T56'21' E 12aOO' Q.
CO I dog LOT 79 N 2640 SF 8 Z r
Z g I N OT56'21* E 12a0O' I kl 6
20, LOT 80 N 2640 SF 1819
O w
O ♦ 4
I I� N or5s*zl E 12aoo W
�' 20 4.74
1 w ' LOT 81 — 26J8 SF Q
I N OT56'21 " E 119.69' I My�
83 NI S g
` a LOT 82 — 4424 SF q
1 W I S 07*56*210 W 1 fa87' S 14'
0ro
4 06
OPEN SPACE W2 o �E%
VERF COURT
RD s7
NA O
(PRIVATE)
40 0 40
*SEE SHEETS 3 MROUGH 5 FOR NOTES,
LEGEND AND L14TA TABLES GRAPHIC SCALE (IN FEET)
AMENDED FINAL SUBDIVISION PLAT
FIELDS TONE
SEC770N TWO - PHASE TWO GL�
RED BUD MAGISTERIAL DISTRICT, FRED04ICK COUNTY, VIRGINW
SCALE: 1" = 40' DATE: FEBRUARY 21, 2013 � l mom L IDENS 5
Lie. No, 2550
GFIEENWAY ENGINEERING, tN� Z-Z►-�3
151 Fundy HiU Lane l O�
Engineers Winc�rer Vusi jia 22602 d ,5
Surveyors Telephone: (540) 662-4185
FAX (540) 722-9528
Founded in 1971 www,greenwayeng.com 2160A SHEET 16 OF 18
78
E80 79 80
81 82 97 98 99
-I'll
E STQ Ei41
c,M �pR,rq NF p
�D 01- R/ F
a4K�N '4rQ� , 'p as OPEN SPACE
-1Y 10.9756 ACRES
t -
39 — E65
(4.85)
---- --
N 86'41'Sr E 12aA0' o
3g 10't
LOT &T N 44,60 SF 96
og _See, 417_W 12a00' N , oW --
LOT 84 N 2640 8 a
S 88'41 SF 0 95
_W f2aW 1
�j LOT 85 '� 2640 SF 1819' oy Q 94
go----s_ B--I w 12a07'
.. g o O�
?R LOT 6 2652 SF o 93
--
2679 SF � � - -
92
io-- S__ 8'4YS7` W 122.41' Z
0
34 LOT 88 ^' 2707 SF 20' 91
p S 86'41 v* w I= 9, � � W
� LOT '
4658 SF g N 90
y
S W41'57'
OPEN N 7X SPACES �� 73.5s'ts" w
10.9756 ACRES EX INGRESS/EGRESS Mff.. 1 5 (
MIST. Na 060020551
- C1 -
HIGHCUFFE DRIVE
56' R/W (PUBUC)
INST. No. 060020551
40 0 40
*SEE SHEE75 3 THROUGH 5 FOR NOTES,
LEGEND AND DATA TABLES. GRAPHIC SCALE (IN FEET)
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION TWO — PHASE TWO
RED BUD M41G/STEW DISTRICT, FREDOWIM COUNTY, VIRGIN14
SCALE: 1" s 40' DATE: FEBRUARY 21, 2015
GREEPWAY ENGINEERING, im.
I SI Windy Hill Lane
Engineers Winchester, Vvgbtia 22602
Surveyo>s Telephone. (540) 662-4185
FAX (540) 722-9528
Founded in 1991 w".greenwayeng.com
REMW L EDW
Lie. No. 2550
2160A SHEET 16 OF 18
�ow"y..�iir.�.ry.�.�n ■ai
U.
81 82
OPEN SPACE
10.9756 ACRES
83
84
85
86
87
88
89
97 1 98 1 99 1 100 1 101 1 102
COBBLE STONE DRIVE
(PRIVATE) PROPOSM
INGREBS/EGRESS -
EASEMENT
051,_—___ 4
4.85, N 83'38'10' E 120.19'
o LOT 96 N 4525 sF
N
S 8J $70 _W 122.21'
! LOT 95 - 2702 SF
c
8I
20' s 83'36'f0' w muo'
3 LOT 94 N 2728 SF
gc
I
C26
S 8J'Jrf0' W 124,58'
c
C15 LOT 9.i N 2746 SF
8
&45' S 8.3'36'10' W f24.8,i'
�c
To
f 8 LOT 92 - 2745 SF
$ I
i� 10't S 89'36'10_ W 124.74'
,o
c
LOT 91 - 2743 SF
8
e$
Q� S MOO* 124,65'
3.
LOT 90 - 4650 SF
S MOO' W 124 V
ti OPEN SPACE
10.9756 ACRES
�J .2
I -EX. INGRESS/EGRESS ESMT nrr
1W.. No. 06002=1
HIGHCLIFFE DRIVE
56' RA (PUBLIC)
INST. No. 060020551
*SEE SHEETS 3 THROUGH 5 FOR
NOTES, LEGEND AND DATA TABLES
AMENDED FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION TWO - PHASE TWO
RED BUD MAXPERML DISMICT, F'REVVWX COUNTY, IIRGINW
SCALE: 1" = 40' DATE: FEBRUARY 21, 2013
lo
GREENWAY ENGINEERING, mc.
151 Windy Hlll Lane
Engineers Winchester, Virginia 22602
s e10 Telephone: (540) 662-4185
FAX (540) 722-9528
Founded in 1971 www.greenwayen&com
RESIDUE OF
TM 55 A-181
ARCAM COMMMMES, INC.
INS'T. No. 120013745
22,5731 ACRES REMNING
(BY SUBTRACTION)
40 0 40I
GRAPHIC SCALE (IN FEET)
Icm L. ERIC
Lfc. No. 2550
Z.-ZN-%5 ,.
2160A SHEET 17 OF 181
T9r
0
N
I
Q1
HA VERFORD
CiOLRT
(PR/SATE)
81 MEM014N OF RECORD
#67. No. 040006449
82
OPEN SPACE
OPEN SPACE
in a 75R arpFQ
RMWE OF
7Y 55-A-181
ARC4W COJOA NM M
WST. No. 12WI3745
22.5731 ACRES REAWAM
(BY 3UB1RAC716N1)
OPEN SPACE
10.9756 ACRES .
40 0 40
*SEE SHEETS 3 THROUGH 5 FOR NOTES,
LEGEND AND WA TABLES, GAAPNIC SCALE (IN FEET)
AMENDED FINAL SUBDIWSION PLAT
FIELDSTONE
SEC770M TWO — PHASE TWO
RED BUD AdAGISTERWL DISTRICT, FREMICK COUNTY, WRG/MA
SCALE: 1" = 40' 1 DATE: FEBRUARY 21. 2013
GREENWAY ENGINEERING, mc.
E151 Windy HiU Lane
ngineers Winchester, Vuginia 22602
s�'ey Telephone: (540) 662-4185
FAX •(540) 722-9528
Founded in 1971 www.greenwayeng com
RICM L EDUS
lAc. No. 2550
2160A SHEET 16 OF 18
t
CD
N
C=)
W
V1R(i1TfM&- FREDERICK COUNTY.SC1.
This instrument of writing was produced to me on
q,2-'3-13 at /
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$_, and 58.1-801 have been paid, if assessable,
4,M4
� ' Clerk
130011096 C.0
o�
Document prepared by Q
and after recording return to
William T. Freyvogel
Matson Freyvogel Mahieu PC
4011 Chain Bridge Road • Suite 100
Fairfax, Virginia 22030
Tax MapNo: Residue of 55-A-181
FIRST AMENDMENT TO
DEED OF DEDICATION. SUBDIVISION AND EASEMENT
THIS FIRST AMENDMENT TO DEED OF DEDICATION, SUBDIVISION AND EASEMENT
("First Amendment") is made and executed to be effective as of Z] , 2013 by
ARCADIA COMMUNITIES, INC.. a Virginia corporation, and its successors and assigns ("Owner"),
FIELDSTONE TOWNHOME ASSOCIATION. INC.. a Virginia nonstock corporation, and its successors
and assigns ("the Association") and THE BOARD.OF SUPERVISORS OF FREDEILICK COUNTX, a
body corporate and politic ("the County").
*****WITNESSETH*****
WHEREAS, Arcadia Development Co., a California corporation ("Arcadia Development'), the
Association, the County and various other parties executed a Deed of Dedication, Subdivision and Easement
("Deed of Dedication'), dated October 19, 2007 and recorded on the land records of Frederick County on
February 5, 2008 as Instrument No. 080001436, relating to certain real property located in Frederick County.
described therein and known as "Lots 31 through 102, inclusive, FIELDSTONE, Section Two - Phase Two"
("the Property").
WHEREAS, by virtue of a Deed of Distribution, dated December 6, 2012 and recorded on the land
records of Frederick County on December 12, 2012 as Instrument Number 120013744, Owner acquired all of
Arcadia Development's right, title and interest in the Property.
WHEREAS, the Deed of Dedication incorporated by reference, and the Property was described in, a
Final Plat of Subdivision of Fieldstone, Section Two — Phase Two ("Plat"), dated August 15, 2006 and
-1-
C..7
00
prepared by Greenway Engineering, Inc., the original of which was recorded on the land records of Frederick —
County on September 27, 2007 as Instrument Number 070015356
WHEREAS, Owner has obtained and the County has approved an Amended Final Plat of Subdivision
of Fieldstone, Section Two — Phase Two ("Amended Plat'), dated February 21, 2013 and prepared by
Greenway Engineering, Inc., the original of which is attached hereto and expressly made a part hereof as
Exhibit A.
WHEREAS, Owner, with the consent and the approval of the Association and the County, desires to
amend the Deed of Dedication by attaching, inserting, substituting and incorporating by reference into the
Deed of Dedication the Amended Plat as a substitute for and in place of the Plat originally incorporated by
reference into the Deed of Dedication.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Owner, with the consent and approval of the Association and the County, hereby
amends the Deed of Dedication as follows:
Owner hereby attaches, inserts, substitutes and incorporates by reference the Plat attached
hereto as Exhibit A as a substitute for and in place of the Plat originally incorporated by reference into the
Deed of Dedication.
Plat.
2. All references in the Deed of Dedication to the Plat shall be deemed to refer to the Amended
3. Except as expressly provided in this FirstAmendment, the Deed of Dedication shall remain in
full force and effect.
-2-
.d.
IN WITNESS WHEREOF, Owner and the Association have executed this First Amendment to Deed
of Dedication, Subdivision and Easement as of the day and year specified above.
OWNER:
ARCADIA COMMUNITIES, INC.,
a Virginia corporation
By:
Eli Reinhard, President
COMMONWEALTIVSTAT4-OF
COUNTYfBI ` to -wit:
The foregoing First Amendment to Deed of Dedication, Subdivision and Easement was acknowledged
before me in the above jurisdiction this Z� day of 2013 by Eli Reinhard, as President of
Arcadia Communities, Inc., a Virginia corporation, on behalf of the corporation.
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ASSOCIATION:
FIELDSTONE TOWNHOME ASSOCIATION, INC.,
a Virginia nonstock corporation
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Brad Durga, PresiWUt
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The foregoing First Amendment to Deed of Dedication,
Subdivision and Easement was acknowledged
before me in the above jurisdiction this Zl Sir day of j(caw_' 2013 by Brad Durga, as President of
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Fieldstone Townhome Association, Inc., a Virginia nonstock corporation, on behalf of the corporation.
Notla'ry Public
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My Notary Registration No.: 167_W O
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EXHIBIT A
(Amended Final Subdivision Plat of Fieldstone, Section Two — Phase Two)
-5-
GREENWAY ENGINEERING
151 Windy Hill Lane J U L 2 5 2006
Founded in 1971 Winchester, Virginia 22602
TRANSMITTAL
Project Name: Fieldstone Subdivision, Section 2
File No: 2160A
Date: July 25, 2006
To: FC Planning
Attn: Mark Cheran
Copied
Delivery: [—Fed Ex ❑ U.S. Mail
❑ Other - - --
From: Steve'McVeigh/dlm
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
F Courier ❑ Pick Up
❑ Urgent rv7 For Your Review F As You Requested ❑ Please Comment
Message
Mark,
Attached is the following for your review:
-Bond Estimate
-Homeowners Association Design Guidelines and Application Procedures
Thank you for your assistance. Call with any questions.
Hand Delivery and Pick Ups Only:
Received by: Date:
Please Print Name:
FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
Version Date: 0611612006
FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
I. Introduction............................................................................................................................. 3
II. Design Review Process........................................................................................................... 4
A. General.....................................................................................................................................4
B. Review..................................................................................................................................... 4
C. Approvals.................................................................................................................................5
D. Appeals.................................................................................................................................... 5
E. After Approval......................................................................................................................... 6
F. Inspection and Compliance..................................................................................................... 6
G. Violations.................................................................................................................................6
H. Application Requirements....................................................................................................... 6
I. Application Procedures............................................................................................................ 7
J. New Construction.................................................................................................................... 8
III. Guidelines................................................................................................................................ 9
A. Guidelines for Specific Improvements.................................................................................... 9
1.
Additions/Alterations (Major).................................................................................... 9
2.
Air Conditioners/Heat Pumps...................................................................................
10
3.
Antennas/Satellite Dishes.........................................................................................
11
4.
Art Work...................................................................................................................
12
5.
Attic Ventilators........................................................................................................
12
6.
Awnings....................................................................................................................
13
7.
Basketball Backboards..............................................................................................
14
8.
Chimneys/Flues.........................................................................................................14
9.
Color Changes...........................................................................................................16
10.
Compost Bins............................................................................................................
16
11.
Decks.........................................................................................................................18
12.
Dog Houses...............................................................................................................
20
13.
Doors.........................................................................................................................20
14.
Driveways/Parking Pads...........................................................................................
21
15.
Fences.......................................................................................................................
21
16.
Flags/Flagpoles.........................................................................................................
22
17.
Garages.....................................................................................................................
23
18.
Gutters and Downspouts...........................................................................................
23
19.
House Numbers.........................................................................................................
24
20.
Landscaping (Plantings and Related Elements)........................................................
25
21.
Leadwalks.................................................................................................................
26
22.
Lighting.....................................................................................................................27
23.
Patios.........................................................................................................................29
24.
Play Equipment.........................................................................................................
30
i
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FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
25.
Porches......................................................................................................................
31
26.
Roofing.....................................................................................................................
31
27.
Security Devices.......................................................................................................
32
28.
Shutters.....................................................................................................................
33
29.
Siding........................................................................................................................
33
30.
Signs.........................................................................................................................
34
31.
Skylights...................................................................................................................
35
32.
Solar Collectors.........................................................................................................
36
33.
Spas/Hot Tubs...........................................................................................................
36
34.
Storage Sheds............................................................................................................
37
35.
Swimming Pools.......................................................................................................
38
36.
Tree Removal............................................................................................................
38
37.
Trellises/Arbors.........................................................................................................39
38.
Windows...................................................................................................................
40
Questions& Updates............................................................................................................. 42
Exhibits.................................................................................................................................. 42
ii
I. Introduction
All properties within the jurisdiction of Fieldstone Townhome Association, Inc. (hereinafter
referred to as the "Association") are subject to the architectural review and approval
provisions set forth in Articles 15 through 17, inclusive, of the Declaration of Covenants,
Conditions and Restrictions for the Association, as recorded among the Land Records of
Frederick County, Virginia in [insert recordation information] (hereinafter referred to as the
"Declaration", which term shall include any and all subsequent corrections, modifications
and supplements thereof). These Design Guidelines and Application Procedures (hereinafter
referred to as the "Design Guidelines") are intended for use by Lot Owners to assist in the
submission of applications for architectural review under the Declaration.
Pursuant to the Declaration, no construction or development activities, including, without
limitation, staking, clearing, landscaping, excavation, grading or other site work, shall be
commenced, erected or maintained on any Lot or the Common Area, no building, structure
or other improvement of any kind, including, without limitation, fences, walls, mailboxes,
swimming pools and decks, shall be commenced, erected or maintained within the Property,
and no exterior addition, change or alteration of any nature to the Lots or other existing
improvements within the Property, including, without limitation, changes in color, changes
or additions to driveway or walkway surfaces and landscaping modifications, shall be
commenced, erected or maintained (all of the foregoing are referred to herein, individually
and collectively, as "Improvements") unless and until complete plans and specifications for
such Improvements have been approved, in writing, in accordance with the applicable
provisions of these Design Guidelines and Article 15 of the Declaration.
In general, these Design Guidelines have been prepared to guide the construction of
Improvements within the Association, consistent with the following objectives:
• To provide a framework for maintaining architectural and design quality.
• To promote respect and sensitivity for the natural environment.
• To encourage consistency and continuity of design while allowing flexibility for
achieving creative design solutions.
These Design Guidelines are intended to further implement the architectural controls set
forth in the Declaration, and shall in no event be deemed to limit, modify or amend any
specific provision of the Declaration. In the event of any conflict between the Declaration
and these Design Guidelines, the terms and provisions of the Declaration shall control.
Unless otherwise defined in these Design Guidelines, all capitalized terms used herein shall
be defined as set forth in the Declaration.
3
FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
II. Design Review Process
A. General
No Improvement of any kind shall be commenced, erected or maintained upon the Property
until complete plans and specifications showing the nature, kind, shape, height, materials,
and location of the same shall have been submitted to and approved in writing as to harmony
of external design and location in relation to surrounding structures and topography, and
conformity with the design concept for the Property, by the "Architectural Review
Committee" in accordance with Article 15 of the Declaration. As explained more fully in
the Declaration, all powers of the Architectural Review Entity under the Declaration are
initially exercised by the Declarant. Ultimately, the powers of the Architectural Review
Entity will be transferred to the Board of Directors of the Association (hereinafter referred to
as the "Board"), to be exercised by the Board, or by an Architectural Review Committee
designated by the Board in accordance with the Declaration. For ease of reference these
Design Guidelines will generally refer to the Architectural Review Entity as the
"Architectural Review Committee" or as the "ARC", and all references to the Architectural
Review Committee or the ARC herein shall be deemed to refer to the Declarant, the Board
of Directors and/or the Architectural Review Committee, as applicable in accordance with
Article 15 of the Declaration.
The Owner/Applicant is responsible for complying with the provisions of these Design
Guidelines, initiating the reviews and obtaining the required approvals. There are no
exemptions or automatic approvals and each application will be reviewed on an individual
basis.
B. Review
The Secretary to the ARC shall review the application and accompanying information for
completeness. Submissions that do not have the necessary information for review shall be
deemed to be incomplete and will be returned to the Owner. Complete submissions will be
scheduled for ARC review at their next meeting. The ARC may require the Owner to
formally present the design in person and provide more information as necessary in the
event of a complex or major project.
The ARC will consider any and all exterior elements of a project's design including size,
bulk, organization, architectural style, detail, color, material, quality of workmanship,
materials, harmony of design and all other factors that, in the opinion of the ARC, affect the
appearance and suitability of the project.
The ARC is required to render a decision and respond in writing within 60 days after receipt
of the fully completed application and other requested information, if any. However, a
review and decision for most applications generally will be provided within 30 days.
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FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
C. Approvals
The ARC's approval of any proposed Improvement is within its sole discretion. The
Association's Board of Directors may enforce or modify in whole or in part, any or all of
these Design Guidelines.
Approval by the ARC does not relieve the Owner of the responsibility of obtaining all other
necessary approvals and permits required by Frederick County and/or the Commonwealth of
Virginia and other agencies having jurisdiction over the project or improvement. The
Applicant should contact Frederick County before beginning any work to verify what
additional approvals or permits are required.
Notification of the ARC's final approval constitutes an agreement by the Applicant not to
deviate from the approved plan unless such proposed deviation has been submitted to the
ARC and has been expressly approved in writing by the ARC.
The ARC may, at its discretion during the design review process, suggest alternative design
solutions; however, such suggestions shall not necessarily constitute an approved design
solution and the ARC shall not have any responsibility for ensuring or making any
determination regarding compliance of such suggested design solutions with applicable
governmental regulations and other requirements.
Approval by the Architectural Review Committee shall in no way be construed as to pass
judgment on the correctness of the location, structural design, suitability of water flow or
drainage, location of utilities, or other qualities of the item being reviewed, nor shall such
approval be substituted in lieu of applicable governmental approvals and permits or be
deemed to constitute a determination as to compliance with local zoning ordinances,
governmental guidelines or restrictions. The Architectural Review Committee shall not bear
any responsibility for ensuring structural integrity or soundness or compliance with building
codes and other governmental approvals or requirements, or ensuring that any improvements
are located so as to avoid impairing views from or other negative impacts on other homes,
including, without limitation, property line encroachments. Neither the Architectural
Review Committee, nor any member thereof shall be liable for soil conditions, drainage
problems or other site work, nor for defects or errors in any plans or specifications submitted
as part of an application, nor for any structural or other defects in Improvements constructed
according to an approved application, nor for any injury, damages, or loss arising out of the
manner, design or quality of any approved Improvements.
D. Appeals
Within ten (10) business days after notice of an ARC decision has been mailed, the
Applicant may file, with the Chairman of the ARC, a written request that the ARC
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FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
reconsider such decision. Any such request for reconsideration shall include a statement of
the basis for such request and technical design information supporting such request. The
ARC may require additional information in connection with any request for consideration.
The Applicant's written request for consideration may include a request to personally
address the ARC at its next scheduled meeting.
All reconsiderations will be reviewed on a case by case basis, and the granting of a request
for reconsideration with respect to one project does not imply or warrant that a similar
request will be granted with respect to any other project. Each case will be reviewed on its
own merits and in light of the overall objectives of these Design Guidelines.
E. After Approval
If the Owner desires to make any changes to the approved plan during construction, a
revised application must be submitted to the ARC. Construction must be completed as
approved and any changes from the original plan must be approved by the ARC prior to
implementing any such change.
F. Inspection and Compliance
Upon completion of any construction or alteration, the management agent or the ARC may
inspect the property to confirm that construction is in compliance with the approved plans.
Periodically, the management agent or the ARC may inspect Fieldstone Townhome
Associations, Inc., properties for compliance with the Declaration and these Design
Guidelines and covenant standards.
G. Violations
In the event of a covenant violation, the Association's management agent, shall seek to
obtain compliance informally through letters and personal contact with the Owner. If these
efforts fail, the management agent shall inform the Owner of the violation in writing by
certified mail, giving the Owner reasonable time in which to correct the violation. If the
violation is not corrected to the satisfaction of the management agent, the matter shall be
turned over to the "Covenant Committee" (as defined in Article 16 of the Declaration)
and/or the Board of Directors for handling in accordance with the Declaration.
H. Application Requirements
Since Improvements may vary greatly in scope and complexity, application requirements
will depend upon the specific Improvements being submitted for review.
2
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FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
All Improvements require submission of a completed Project Application Form, a copy
which is included as Exhibit "A" to these Design Guidelines. Additional copies can be
obtained from the ARC.
The guidelines for specific Improvements set forth in Section III hereof provide the best
source of information for the specific items that must be included with the application. A
complete application must include the following:
• a brief written description of the project;
• a site plan (if applicable) showing the location and size of the project;
• scaled drawings showing what is proposed;
• photographs of the existing condition;
• a brochure, catalogue photo, or manufacturer's information of what is proposed (if
applicable);
• material or color samples (if applicable); and
• any other submission requirements applicable to the specific Improvements, as set forth
in Section III hereof.
Application Procedures
I
2.
3
H
Obtain a Project Application Form. A copy of the application is attached as Exhibit
"A" hereto. You may also obtain an application by contacting:
Architectural Review Committee
Fieldstone Townhome Association, Inc.
c/o Property Management People (PMP)
82A Wormans Mills Court
Frederick, Maryland 21701
(301) 694-6900 phone
(301) 694-9514 fax
Read these Design Guidelines.
Develop your plan. (Consider the impact on your neighbors.)
Complete the application as clearly and thoroughly as possible. Be sure to include all
exhibits and other supporting information.
S. The application must be signed by the Applicant's adjacent Lot Owners. In the case of
Townhouse Lots, this constitutes any Lot that directly abuts or touches the Applicant's
Lot. If, after two (2) reasonable attempts in person or by mail to obtain the needed
signatures, the Applicant is not able to obtain a signature due to a Lot Owner's
7
FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
unavailability or unwillingness to sign the application, the Applicant shall indicate
its/their attempts and the Lot Owner's response or lack thereof on the application.
6. Deliver your completed application to the Architectural Review Committee at the
above address.
7. Your application will be processed by the Architectural Review Committee on a first -
come, first -served basis.
8. A staff member of the Association's managing agent will review your application to
determine if the information provided is sufficient for the Architectural Review
Committee to be able to review it. If not, you will be asked to provide additional
information. Your request will be included on the agenda for the next regular meeting
of the Architectural Review Committee.
9. The staff member will provide a copy of your application to the Architectural Review
Committee.
10. Your request will then be reviewed by the Architectural Review Committee at its next
regularly scheduled meeting.
11. The Architectural Review Committee will provide you with a written response to your
application by regular mail within sixty (60) days after the full and complete
application, plans, specifications and fees have been submitted.
12. All Improvements must be commenced within six months of the receipt of written
approval from the Architectural Review Committee and must be completed within
twelve months of the date of commencement.
13. Should you feel you have been aggrieved by any action of the Architectural Review
Committee, you may appeal the decision of the Architectural Review Committee to the
Board of Directors.
J. New Construction
Any provision of these Design Guidelines to the contrary notwithstanding, the approval of
the Declarant under Article 15.2 of the Declaration shall be the only approval required
pursuant to these Design Guidelines or the Declaration with respect to the construction of the
initial Improvements on a Lot by a Participating Builder, and the provisions of these Design
Guidelines shall not otherwise be deemed to be applicable with respect to the initial
Improvements constructed on a Lot by a Participating Builder, unless expressly provided
otherwise by Declarant, in its sole discretion. The provisions of these Guidelines do not
apply to the Declarant, nor to any successor or assign of the Declarant designated by the
Declarant in writing.
FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
III. Guidelines
These Design Guidelines have been prepared to assist the ARC and Applicants with the
design and review process, and contain both mandatory requirements and suggested
guidelines. Where the terms "shall" or "must" are used, the statement constitutes a
mandatory requirement. Where the terms "preferred" or "should" are used, the statement
constitutes a suggested guideline provided for the guidance and convenience of Applicants
but does not necessarily require the ARC to approve the design elements referenced in such
guideline. Notwithstanding the foregoing, the ARC may, in its sole discretion, waive or
modify any mandatory and/or suggested requirements in appropriate circumstances.
A. Guidelines for Specific Improvements
1. Additions/Alterations (Major)
General Considerations
Additions/alterations may include any room additions or extensions, garages, sunrooms,
porches, etc. Additions shall be planned and designed with the same care and consideration
as initial house construction.
The addition/alteration shall be visually integrated with the existing house through the
consistent and complementary use of architectural elements, materials, colors and other
details. The design must be compatible with the existing house in style, character, scale,
massing, materials and colors.
In general, additions/alterations to Townhouse Lots shall be consistent with the materials
and options used by the builder in constructing the initial Improvements on such Lots.
Specific Guidelines
• The size and location of the addition should be appropriate in relation to the existing
house and space available on the property.
• The addition should minimize any tree removal.
• The design and location should consider any adverse impact on neighboring properties
that may result through the elimination of privacy or the removal of existing views.
• Changes in grade or drainage patterns must not adversely affect adjacent properties.
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FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
• The design of the addition should repeat significant architectural elements of the
existing house such as roof lines, windows, trim details, materials and colors.
• The new roof pitch should, if possible, match that of the existing roof pitch.
• New windows and doors should be the same type, material and color as those of the
existing house.
• Supplemental landscaping may be required to compensate for the removal of
significant vegetation.
Submission Requirements
• A copy of the existing site plan showing the house, property lines and easements, and
any accessory structures, significant vegetation; and the location of the proposed
addition/alteration.
• Complete plan and elevation drawings, to scale, showing the existing house and the
proposed addition/alteration.
• Photographs showing the house and the site, marked to show the location of the
proposed addition/alteration.
• A list of all exterior materials and samples of proposed colors.
• Catalogue photographs or manufacturer's "cut sheets" of items, such as exterior light
fixtures, as applicable, including sizes, materials and colors.
• A landscape plan, as applicable, is required.
2. Air Conditioners/Heat Pumps
General Considerations
Utilities and related mechanical and electrical equipment such as air conditioners, heat
pumps, condensers, meters, etc. shall be located so as to minimize their visual and acoustical
impact on neighboring properties.
Generally, no application is required for the replacement of existing approved equipment of
exact size and appearance in the currently approved location.
The installation of air conditioners/heat pumps shall be consistent with the materials and
options used by the builder in constructing the initial Improvements on such Lots.
MC,
FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
Specific Guidelines
• The size and appearance of the proposed air conditioner/heat pump unit should be
appropriate for its residential setting.
• Through -the -wall and window mounted units are prohibited. They are also prohibited
on the front of any house or side if facing onto a street.
• Where allowed, through -the -wall units should be painted the same color as the wall.
• Any air conditioner/heat pump in a highly visible location may require landscape
screening or an architectural screen.
Submission Requirements
• A copy of the existing site plan showing the house, significant vegetation, property
lines, and the location of the proposed air conditioner/heat pump.
• Photographs showing the existing house and property.
• Catalogue photographs or manufacturer's "cut sheets" of the unit including its
dimensions and color.
Air Conditioners/Heat Pumps — continued
• Through -the -wall or window -mounted air conditions require elevation drawings or
photos showing the existing house and the proposed unit.
• If screening is proposed, include drawings indicating dimensions, details, materials and
proposed colors.
• Where applicable, provide a planting plan indicating the proposed type and location of
existing or proposed vegetation.
3. Antennas/Satellite Dishes
General Considerations
Only antennas/satellite dishes that are required to be permitted by federal regulations will be
permitted. Notwithstanding the above, wiring must match house color. Further, all
antennas/satellite dishes require an application to allow the Association to review the
proposal for compliance with federal regulations, placement, color and landscaping to
reduce visual impact to the maximum extent possible.
11
FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
4. Art Work
General Considerations
Art work includes but is not limited to fountains, sculpture/statuary, etc. When considering
the type and location of art, the size of the property and proximity to adjacent residences are
important factors.
In general, art work shall not be intrusive and must be appropriate to its surroundings. If
visible from neighboring properties, art work may be required to be screened by natural
vegetation and/or landscaping.
Specific Guidelines
The preferred location is in the rear yard; art work is generally not permitted in front
yards or in side yards that face onto a street.
Generally, no more than one large piece of art will be permitted on any property.
Submission Requirements
• A copy of the existing site plan showing the house and any accessory structures, fences,
significant vegetation, property lines and the proposed location of the art work.
• Photographs showing the house and property marked with the proposed location of the
art object.
• A photograph of the art, including dimensions, material, and color.
• Where applicable, provide a planting plan indicating the type and location of existing
or proposed landscaping.
S. Attic Ventilators
General Considerations
Attic ventilating equipment shall be selected, located and installed so as to minimize its
appearance on the house and visibility from neighboring properties and the street.
Generally, no application is required for the replacement of existing approved ventilators of
exact size and appearance in the currently approved location.
12
FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
The installation of attic ventilators shall be consistent with the materials and options used by
the builder in constructing the initial Improvements on such Lots.
Specific Guidelines
• The size and appearance of proposed attic ventilators should be appropriate for their
residential setting.
• Attic ventilators shall not extend more than 12" above the roof surface.
• Attic ventilators shall be painted a flat black or a flat finish paint to match the roof
color. Gable vents shall be painted the color of the siding in which installed, and ridge
vents finished in the same color as the roof.
• Although discouraged, wall units may be approved provided they are located on side or
rear walls and do not adversely impact neighboring properties.
• Attic ventilators shall be located to the rear of the roof ridge line and/or gable and shall
not extend above the highest point of the roof.
• Rotating or wind -powered turbine ventilators will generally not be approved because of
their size and movement.
Submission Requirements
• Photographs or manufacturer's "cut sheets" of the ventilator equipment including
dimensions and information about its material and color.
• Drawings or photograph of its proposed location, including the material and color of
the surface.
6. Awnings
General Considerations
In general, sun control achieved through interior window treatments and/or landscaping is
preferred to the installation of individual awnings on windows.
Awnings should be harmonious with and enhance the architecture of the house. The style,
size, material and color of the awning must be compatible with the architecture of the house.
Generally, no application is required for the replacement of existing approved awnings of
exact style and color to those, if any, installed by the builder. Replacement awnings must
13
FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
exactly match the design and color of the originals, and shall be consistent with the materials
and options used by the builder in constructing the initial Improvements on such Lots.
Specific Guidelines
Generally, individual awnings are prohibited on front elevations.
• Fabric is the preferred material. Metal, plastic, vinyl or other materials will generally
not be approved.
Submission Requirements
• A copy of the existing site plan showing the house and any accessory structures,
significant vegetation, property lines and the location of the proposed awning(s).
• Photographs showing the existing house and the proposed location of awning(s).
• Elevation drawings to scale showing the house and the proposed awning. Include a list
of materials and exterior colors of the house.
• Catalogue photographs or manufacturer's "cut sheets" of the proposed awning showing
colors.
7. Basketball Backboards
General Considerations
Due to the proximity of units, the installation of a basketball backboard is not permitted.
8. Chimneys/Flues
General Considerations
Chimney and metal flue additions should be planned and designed with the same care as
initial construction and should be visually integrated with the architecture of the house. The
design and location must be compatible with the house in style, scale, materials and colors.
Metal flues shall be selected, located and installed so as to minimize their appearance on the
house and visibility from neighboring properties and the street.
The installation of a chimney/flue shall be consistent with the materials and options used by
the applicable builder in constructing the initial Improvements on such Lots.
14
FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
Specific Guidelines
• An exterior masonry chimney must be constructed to grade and must not appear to be
suspended above the ground.
• Chimneys should be constructed of materials and colors that match, or are harmonious
with, the materials and color of the house.
• A masonry chimney should be constructed to match the stone materials used elsewhere
on the house.
• A rooftop metal flue should be on the side least visible from neighboring properties
(usually the rear sloping roof), be no higher than the minimum required by the County
building code, and be painted flat black or a flat finish paint to match the roof color.
• Wooden enclosures of flues shall be constructed of the same materials as the house
siding, trim and color.
• Generally, through -the -wall (direct -vent) metal flues will not be approved on an
elevation that is visible from the street.
• Direct -vent metal flues shall be painted a flat finish of the same color as the wall
through which installed.
Submission Requirements
• Photographs showing the house and property and the location of the proposed
chimney/flue.
• Elevation drawings, to scale, showing the addition of the chimney or flue, and the
location of windows, doors overhangs, and other pertinent details.
• A list of materials and proposed colors.
• If architectural enclosure of the flue is proposed, a list of all materials and proposed
colors.
• Catalogue photographs or manufacturer's "cut sheets" of rooftop and direct -vent metal
flues, associated spark arrestors and other accessories, including dimensions, and color.
15
FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
9. Color Changes
General Considerations
Colors and materials must exactly match those of the original construction. Exterior colors
should be selected to enhance the appearance of the house as well as its relationship with
surrounding properties and the natural environment.
Generally, no application is required for repainting/restaining (or the replacement of siding)
with a color/medium that is exactly the same as that which is being replaced.
Specific Guidelines
Proposed colors and materials must be compatible with other existing or proposed
exterior colors and materials on the house, such as roofing, siding, etc.
When repainting, generally the entire house is to be repainted at one time.
• Use of the same manufacturer of paint/stain is important; considerable variation may
exist between color "names" of different manufacturers.
Submission Requirements
• Photographs showing the house and marked to indicate the proposed location of
replacement siding if applicable, and all elements proposed for color changes.
Where a change in material is proposed, such as the addition of siding or brick, include
elevation drawings, to scale, showing the location of all areas proposed to be changed.
Identify the manufacturer, material and specific color "name"; and provide chips of all
proposed paints or stains keyed to the elements to be finished.
10. Compost Bins
General Considerations
Compost bins should be selected and located so as to minimize their impact on adjacent
neighbors. The location should be as far as possible from neighboring properties and streets,
and should take advantage of screening provided by existing or proposed structures and/or
vegetation.
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The installation of compost bins in Townhouse Lots shall be consistent with the materials
and options used by the applicable builder in constructing the initial Improvements on such
Lots.
Specific Guidelines
• The preferred location is in the rear or side yard; compost bins are prohibited in front
yards.
• Generally no more than one bin will be permitted on any property.
• The size of a compact compost bin is generally limited to 4' in height and 4' x 8' in
dimension.
• The bin should be self-contained, sturdily constructed of durable wood, plastic, or
metal, and finished in a dark, muted color or left to weather naturally (if wood).
• If visible from neighboring properties, the bin should be screened by fencing or
vegetation.
• The compost bin should be maintained so that it does not create a visual or
environmental nuisance.
Submission Requirements
• A copy of the existing site plan showing the house, any accessory structures, significant
vegetation, property lines, and the location of the proposed compost bin.
• If pre -made, include a catalogue photograph or manufacturer's "cut sheets" of the
compost bin, including dimensions, material, and color.
• If constructed, include a plan and elevation drawing(s) identifying dimensions,
material, and color.
• Where applicable, provide a planting plan indicating the proposed type and location of
vegetation or other screening, existing or proposed.
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11. Decks
General Considerations
In general, the deck shall be an appropriate size for the area in which it is to be located, with
consideration for its physical and visual impact on adjacent properties. It shall be
harmonious (in configuration, detail, material and color) with the architecture of the house.
Modifications or additions to an existing deck must incorporate the same materials, colors
and detailing as were used by the builder in constructing any existing deck.
Decks shall be consistent with the materials and options used by the builder in constructing
the initial Improvements on such Lots.
Specific Guidelines
• Design and location should minimize any tree removal.
• Changes in grade or drainage pattern must not adversely affect adjoining properties.
• Decks are to be located at the rear of the house.
• Upper -level decks shall be attached directly to the house. Only ground level decks may
be approved as freestanding decks.
• Decks and any stairs shall not extend beyond the side walls of the house. The side
walls of the house are defined as the major side walls of the house and do not include
bay windows, chimney enclosures, porches or other such projections.
• Stairs should be parallel or perpendicular to the edge of the deck or be set immediately
adjacent to the deck in an L-shaped configuration.
• Decks should be constructed in such a way that braces are not required.
• A solid trim board shall be provided on any open side of the deck to conceal the joists
and cut ends of the decking.
• Underdeck screening should be compatible with the architecture of the house and deck.
Any lattice must be properly framed and recessed.
• Decks shall be constructed of. (1) pressure -treated wood, redwood or cedar, left to
weather naturally or painted/stained in a muted color that is harmonious with the colors
of the house; (2) Trex; or (3) a comparable synthetic material which is an acceptable
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material for deck construction. "Comparable" is defined herein as meaning comparable
durability and structural integrity.
• No structure (privacy screen, arbor, trellis, gazebo, screen porch, etc.) may be located
on a deck so that it projects beyond the side of the house.
• Railings and other features such as privacy screens must match the builder design.
• If a railing standard does not exist, a simple 2"x 2" vertical picket railing is
recommended.
• Privacy screens should be constructed of lattice, properly framed and installed directly
on top of the railing. The total height of the railing and screen must not exceed 7'-0"
above the deck floor.
• Privacy screen decks must match any builder standard existing the community and may
be installed only on the side railings of the deck and shall be limited to 8' in length.
• Any benches, flower boxes, trellises, arbors, etc., should be designed as a part of the
deck.
• For enclosed upper level decks, see the design guidelines for porches/screened porches
and sunrooms.
Submission Requirements
• A copy of the existing site plan showing the house, property lines and easements,
including significant vegetation, existing patios and decks, fencing, accessory
structures, and the location of the proposed deck.
• Photographs showing the house and site marked to show the location of the proposed
deck.
• A plan, to scale and dimensioned, showing the house and the proposed deck.
• For upper level decks and decks of more than one level, provide elevation drawings, to
scale, showing the house and the proposed deck, including the height above grade,
stairs and any other proposed elements.
• Detailed drawings of railings and any benches, planters, privacy screens, etc.
• Samples of proposed colors and materials if other than pressure treated wood.
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• A landscape plan, as applicable.
12. Dog Houses
General Considerations
Dog houses are not permitted.
13. Doors
General Considerations
Doors shall be compatible in style with the architecture of the house. Storm/screen doors
must not distract from or alter the appearance of the house. Front storm doors shall be full
view only.
Doors shall be of quality material and workmanship, and shall be consistent in proportion,
detailing and style. The style, material, color, detailing and installation of a new or
replacement door must be consistent with that of existing doors.
Generally, no application is required for the replacement of existing doors, or storm/screen
doors, that are exact in type, style and color to those provided by the builder. All other
proposed doors require application.
The addition/replacement of doors, including storm/screen doors, shall be consistent with
the materials and options used by the builder in constructing the initial Improvements on
such Lots.
Specific Guidelines
Door Additions/Replacements
• Doors and door frames should be clad or painted with a color consistent with other
doors, windows and house colors. Color shall comply with the guidelines for Color
Changes.
• Wood doors, if allowed, must be protected with stain or paint to prevent an uneven
weathered appearance.
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Storm/Screen Doors
Storm/screen doors that are appropriate to the architecture of the house may be
approved on a case -by -case basis in the sole discretion of the ARC and/or the Board of
Directors, as may be appropriate.
Storm doors may be finished the same color as the door they enclose or in a color
complementary with the house colors.
New or replacement doors should match the type, style, material and color of options
used by the builder in construction the initial Improvements on the Lots.
Submission Requirements
• Photographs showing the house, existing windows and doors and the proposed location
of new and/or replacement doors.
• Where a new door is proposed, elevation drawings, to scale, showing the existing house
and the proposed location of the doors.
• Catalogue photographs or manufacturer's "cut sheets" identifying door type and style,
including the specific `name' of the door, if applicable, and dimensions, materials and
colors.
• A sample of the door finish and color, if applicable.
14. Driveways/Parking Pads
General Considerations
Due to the proximity of units, the addition and/or alteration of driveways and parking pads
are prohibited.
15. Fences
General Considerations
Fence designs (in location, style and size) must match those provided by the builder.
Fences shall be constructed of pressure -treated wood, redwood, cedar, Trex, or comparable
synthetic material which is an acceptable material for fence construction. "Comparable" is
defined herein as meaning comparable durability and structural integrity.
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All fence alterations require application.
No front yard fencing shall be allowed.
Submission Requirements
• A copy of the existing site plan showing the house, patios and decks, existing fences,
accessory structures, significant vegetation, property lines and easements, and the
location of the proposed fence.
• Photographs showing the house and proposed fence location.
• A drawing or photograph of the fence design, including dimensions, material and color.
• A landscape plan showing proposed plantings, as applicable.
16. Flags/Flagpoles
General Considerations
Flags, banners and flagpoles should be located so as to minimize their impact on
neighboring properties.
Free-standing flagpoles shall be prohibited on residential lots, with the exception that free-
standing flagpoles shall be permitted on builder's models and sales offices.
The colors, design and message of the flag or banner will not be reviewed.
Specific Guidelines
• Generally, no more than one flag will be permitted on any property.
• The flag or banner should not exceed 15 square feet in size.
• Any illumination of the flagpole must not impact neighboring properties with glare or
intensity. High pressure sodium (yellow -orange) light is specifically prohibited.
Submission Requirements
A copy of the existing site plan showing the house and any accessory structures, fences,
significant vegetation, property lines and the proposed location of the flag/flagpole.
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• Photographs showing the house and site marked with the proposed location of the
flag/flagpole.
• The dimensions of the flag or banner.
• A catalogue photograph or manufacturer's "cut sheet" of the flagpole or bracket
including length/height, material, and color.
• Lighting fixture location and type, as applicable.
17. Garages
General Considerations
Garages are prohibited.
18. Gutters and Downspouts
General Considerations
The design, color and location of gutters and downspouts must be compatible with the
architecture and colors of the house.
No application is required for the replacement of existing approved gutters and downspouts
of exact size and appearance in the currently approved location.
The installation of gutters and downspouts shall be consistent with the materials and options
used by the builder in constructing the initial Improvements on such Lots.
Specific Guidelines
• Gutters and downspouts shall be painted to match existing gutters and downspouts, or
may be painted the color of the surface to which they are attached, or the existing trim
color.
• Downspouts must be brought to grade.
• Downspout extensions, including underground drain pipe, must not detrimentally
impact any adjacent property.
Submission Requirements
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• Drawings or photographs of the house marked to show the locations of the proposed
gutters and downspouts.
• Catalogue photographs or manufacturer's "cut sheets" showing their profile,
dimensions and color.
19. House Numbers
General Considerations
House numbers should complement the architectural style of the house. House numbers
within a neighborhood or street should be compatible in design and located to be clearly
visible.
The installation of house/unit numbers shall be consistent with the materials and options
used by the builder in constructing the initial Improvements on such Lots.
Specific Guidelines
• House/unit numbers should be located immediately adjacent to the front entrance or
door. Numbers should also be placed on a curbside mailbox, where applicable.
• House numbers should be located near or under a light for nighttime visibility.
Internally lit numbers are not appropriate.
• House numbers must be legible, Arabic numerals, no taller than 6 inches and should
contrast with the color of the background to which attached.
• Custom designed house numbers may be approved if they are simple, appropriate, and
relate to the architecture of the house.
Submission Requirements
• A photograph or drawing of the house numbers, including dimensions, material and
color.
• A drawing or photograph showing the location of the numbers in relation to the front
entrance.
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20. Landscaping (Plantings and Related Elements)
General Considerations
Landscaping is an integral part of the overall image and character of Branbury Glen. It
should enhance the architecture of the house, the natural beauty of the environment and the
overall quality of the neighborhood.
The preservation of wooded areas should be maximized through the retention and
maintenance of existing trees. Landscaping and the addition of plant materials are important
in the screening of items such pools, decks, patios, fencing, parking areas and utility
equipment. Landscaping is also the preferred means to providing visual privacy.
In general, well maintained turf, low ground cover, flower beds, evergreens, small flowering
trees and the use of native materials are encouraged.
No approval is required for the installation of plantings, including trees or hedges, unless a
landscape or planting plan is required as a part of the review of another application.
Installation of landscaping must not alter the existing drainage pattern. Significant structural
elements related to landscaping, such as retaining walls, paved areas, steps, etc., must be
submitted for review and approval.
Landscaping shall be consistent with the materials and options used by the builder in
constructing the initial Improvements.
Specific Guidelines
• Trees and shrubs must be located so as not to obstruct significant views from
neighboring residences or restrict sight lines from vehicular traffic.
• Plant materials should be appropriate in character, habitat, species, size (both installed
and mature), number, and arrangement for their purpose and surroundings.
• Wood chips and shredded wood should be used for mulch, rather than pebbles or
gravel.
• Stone used as accent elements, ground cover, or paving material, should be chosen so
that its color, size, and installation complement the architecture of the house, the
natural environment and associated plant materials. Monolithic paving of yards, or
covering yards with decorative stones as a primary design element is prohibited.
• Regrading must not negatively impact neighboring properties.
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• Small landscape -related elements such as bird feeders, bird baths, and small decorative
garden ornaments are permitted in the rear yard provided they are less than 30" in
height and 24" in diameter.
Retaining Walls
• Walls should be as unobtrusive as possible and built to the minimum height needed and
should be securely constructed with tie -backs or dead -men as needed.
• Walls should be made of durable materials that are compatible in color and appearance
with their environment. Depending upon location, brick, heavy timbers, concrete or
natural stone are appropriate.
• The top of the wall must be flat and level, and stepped to accommodate a change in
grade.
• Retaining walls must not create any adverse drainage problems.
• Depending on size, material and location, retaining walls may require landscaping to
soften the visual impact of the wall.
Submission Requirements
• A copy of the existing site plan showing the house, driveway and any accessory
structures, including pools, decks, patios, fencing, walks, significant vegetation,
property lines and easements.
• Photographs showing the house and the property.
• A landscape plan identifying plant materials, accurately located and drawn to scale.
• For regrading, retaining walls or terracing, show the existing and proposed grading.
• Where structural elements are proposed, include drawings showing design and
installation details.
21. Leadwalks
General Considerations
The addition of leadwalks shall be consistent with the materials and options used by the
builder in constructing the initial Improvements on such Lots.
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Specific Guidelines
• Leadwalks should generally be a minimum of 4' and a maximum of 5' in width.
• Leadwalks shall connect to the sidewalk at the street.
• Changes in grade or drainage pattern must not adversely affect adjoining properties.
• Leadwalks shall be of brick, concrete pavers, flagstone or other approved paving.
Gravel or asphalt walks are not appropriate.
• Leadwalks shall be built flush with the ground. The maximum grade shall be 3%.
• Location should minimize any removal of trees or other significant vegetation.
• Landscaping may be required to compensate for the removal of vegetation.
Submission Requirements
• A copy of the existing site plan showing the house and any decks, patios, fencing,
accessory structures, significant vegetation, driveways, property lines, easements, and
the location of the walk.
• Photographs of the house showing the location of the proposed walk.
• Construction drawings of paving details, steps, railings and other features, as necessary.
• A list of all materials and colors.
• A landscape plan, as applicable.
• Drawings or cut sheets of any lighting.
22. Lighting
General Considerations
Lighting, including both decorative and security lighting, shall be selected and located so as
to be an integral part of the house and yard. Fixture style, configuration and location must
be compatible with the architecture of the house, and properly proportioned to the building
facade.
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Lighting shall be selected and located so as to minimize its impact on neighboring
properties. The location of security lights on the house should be as inconspicuous as
possible. Fixture design, wattage, color, location and direction should minimize glare onto
neighboring properties, pedestrian walkways, and streets.
No application is required for the replacement of an approved lighting fixture which is an
exact match in type, size and appearance.
Individual property lighting in Townhouse Lots shall be consistent with the materials and
options used by the builder in constructing the initial Improvements on such Lots.
Specific Guidelines
• Lighting must be a "white" color such as incandescent, metal halide, mercury vapor,
etc. Color -corrected "white" high pressure sodium may be considered on a case -by -
case basis. High pressure sodium vapor (yellow -orange) lights are specifically
prohibited.
• A new or replacement light fixture should be either an exact match or compatible in
style, design, size, color, finish, type and lamp wattage with the original or approved
fixture it is replacing.
• Security lighting such as spotlights or floodlights may be permitted if incorporated as
part of the overall building design and should be selected and located so as to minimize
its impact on neighboring properties. Fixtures should be shielded and directed to
prevent glare or spillover of light onto neighboring properties. Unshielded flood lights,
"wallpacks" or "cobrahead" lights are prohibited.
• Security light fixtures (floodlights) will not be approved as replacements for fixtures at
entry doors.
• Individual post lamps in front yards are prohibited.
• Ground or tree mounted floodlights must have deep shields to effectively screen the
light source from view and they should be carefully directed so that no glare impacts
adjacent properties.
• Exterior light fixtures should be "hard -wired" so that there is no visible wiring or
conduit.
• A reasonable amount of seasonal/holiday lighting will generally not require an
application. All seasonal/holiday lighting must be removed promptly at the end of the
season.
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Submission Requirements
• A copy of the existing site plan 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) lighting.
• Photographs showing the house and site marked with the locations of all proposed
lighting.
• Catalogue photographs or manufacturer's "cut sheets" of lighting fixtures, including
dimensions, wattage, type of lamp, finish and color.
• Drawings describing custom fixtures, where applicable.
23. Patios
General Considerations
A patio shall be designed and located to be harmonious with the architecture of the house
and to mitigate the impact of its use upon neighboring properties.
In general, the patio shall be an appropriate size for the area in which it is to be located and
should be constructed of wood, concrete, slate, brick or other masonry or stone material.
Landscaping is recommended for screening.
Modifications to existing patios must incorporate the same materials and detailing as the
approved existing deck. Patios will only be allowed if allowed under the Frederick County
Zoning Ordinance.
Specific Guidelines
• The patio shall be designed as an integral part of the house and property.
• Design and location should minimize any tree removal.
• Changes in grade or drainage pattern must not adversely affect adjoining properties.
• The preferred location is in the rear or side of the house. Generally, front or street
facing side yard patios will not be approved.
• Generally, the patio should extend no farther than 20 feet from the rear of the house.
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Submission Requirements
• A copy of the existing site plan showing the house, property lines, easements,
significant vegetation, existing patios and decks, fencing, accessory structures, and the
location of the proposed patio.
• Photographs showing the proposed location of the patio.
• A plan, to scale, showing the existing house and the proposed patio, including
materials.
• Detailed construction drawings of railings, steps, etc.
• A landscape plan, as applicable.
24. Play Equipment
General Considerations
Permanent play equipment should be selected and located so as to minimize its visual and
acoustical impact on adjacent properties. Design and location should visually integrate the
structure into its surroundings and should take advantage of any screening provided by
existing vegetation.
When considering play equipment, the size of the property, wooded area, equipment size,
material, color, relationship to adjacent residences and amount of visual screening are
important factors.
Specific Guidelines
• Play equipment should be located in the rear yard; play equipment is prohibited in front
yards or in side yards that face onto a street.
• Play equipment should be sturdily constructed of durable materials (preferably wood),
and finished in a dark, muted color or left to weather naturally. Plastic, cloth or metal
equipment, not including wearing surfaces such as slides, poles and climbing rungs,
should be finished in solid, earth tone colors.
• Where in a visible location, play equipment may need to be screened by fencing and/or
landscaping to effectively reduce the visual impact from neighboring properties.
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• All play equipment, portable and otherwise, including, without limitation, skateboard
ramps, trampolines, portable basketball backboards, etc., must be approved, and (if
portable) must be stored out of sight when not in use.
Submission Requirements
• A copy of the existing site plan showing the house and any accessory structures, fences,
significant vegetation, property lines, and the proposed location of the play equipment.
• Photographs showing the existing house and site marked with the location of the
proposed play equipment.
• A catalogue photograph or manufacturer's "cut sheets" of the play equipment,
including dimensions, materials, and colors.
• If equipment is to be constructed, include a plan and elevation drawing, to scale,
identifying dimensions, materials, and colors.
• Where applicable, provide a planting plan indicating the proposed type and location of
vegetation.
25. Porches
General Considerations
Porch additions are prohibited.
26. Roofing
General Considerations
Generally, no application is required for the replacement of existing roofing that is exact in
material and color. Replacement roofing must exactly match the material and color of the
original roof and must otherwise be consistent with the materials and options used by the
builder in constructing the initial Improvements on such Lots.
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Specific Guidelines
• When replacing roofing, the entire structure should be reroofed at one time. Partial
reroofing is generally not allowed unless the additional/replacement roofing exactly
matches the existing roofing.
Submission Requirements
• Photographs showing the house and roof.
• The manufacturer and specific color "name" of the proposed roofing material, and a
sample.
• If possible, a sample of the existing roof material.
27. Security Devices
General Considerations
Security devices including cameras and alarms shall be selected, located and installed so as
to be an integral part of the house and not distract from its architecture and appearance.
Specific Guidelines
• Cameras and housings, sirens, speaker boxes, conduit and related exterior elements
should be unobtrusive and inconspicuous. Such devices should be located where not
readily visible and should be a color that blends with or matches the surface to which
attached.
Submission Requirements
• A copy of the existing site plan showing the house and the location of all the proposed
security devices.
• Drawings or photographs showing the house and the proposed locations of all security
devices.
• Drawings showing custom design and details, where applicable.
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28. Shutters
General Considerations
Shutters should be harmonious with the architecture of the existing house regarding the
style, size, material and color of the shutters.
No application is required for the replacement of existing approved shutters with shutters
that are exact in style and color.
The installation of new or replacement shutters shall be consistent with the materials and
options used by the builder in constructing the initial Improvements on such Lots.
Specific Guidelines
• New shutters should be applied to all windows on an elevation, on both sides of a
window, matching the size and configuration of the window.
• Removal of existing shutters must be submitted for review and approval.
Submission Requirements
• Drawings or photographs showing the house and the proposed location of shutters.
• Catalogue photographs or manufacturer's "cut sheets" of the shutters including
dimensions, materials and samples of colors.
• Information regarding existing shutters on the house, where applicable.
29. Siding
General Considerations
Siding style, material and color shall be compatible with that of the house.
No application is required for the repair or replacement of existing siding with siding that is
exact in style, material and color. An application is required for all other repairs or
replacements including, but not limited to, all other repairs or replacements needed as a
result of storm damage.
The addition or replacement of siding shall be consistent with the materials and options used
by the builder in constructing the initial Improvements on such Lots.
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Specific Guidelines
• When replacing siding, all existing siding on the house should be replaced at one time.
• The proposed siding material and trim details should be similar in appearance to the
existing approved siding.
• The proposed siding color should be the same as the existing approved siding color or
approvable under the guidelines for Color Changes.
• Wood siding must be protected with stain or paint to prevent an uneven weathered
appearance.
Submission Requirements
• Photographs showing the house, existing siding and the proposed location of new
and/or replacement siding.
• Where additional siding is proposed, elevation drawings, to scale, showing the location
of all areas to be sided.
• The manufacturer and specific color "name" of both the proposed siding material, and a
sample, including color chip, if applicable.
• If possible, samples of the existing siding material and color.
30. Signs
General Considerations
Signs should be selected, designed and located so as to provide effective communication
while minimizing their visual impact on neighboring properties and the neighborhood. The
Declarant and Declarant's successors and/or assigns are exempt from the sign guidelines.
Specific Guidelines
• One temporary sign advertising the property for sale or rent is allowed. One "open
house" sign may also be used the day of the open house. No application is required for
such signs, although said signs must be no larger than six (6) square feet (3' x 2') in
size. All other signs must be approved by the ARC. Said signs must be removed
within ten (10) days after the property is sold or rented.
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• Political signs, if allowed by the ARC, are prohibited in the Common Areas and,
subject to applicable law, shall not be displayed on a Lot 30 days prior to or 7 days
after a primary election, general election or vote on a proposition.
• Signs shall not obstruct any traffic sight lines.
• Subject to the above guideline on candidate or proposition signs, window signs shall be
prohibited.
• The sign should be no larger than necessary to accommodate the proposed text.
• Signs must be well constructed, with good quality materials and ... be maintained in an
orderly manner at all times.
Submission Requirements
• A copy of the existing site plan showing the house, driveway, property lines, and the
proposed location of the sign.
• A photograph or drawing of the sign (post, etc.), including dimensions, materials and
color(s).
31. Skylights
General Considerations
Skylights should be visually integrated with the architecture of the house regarding style,
location, size and color.
No application is required for the replacement of existing approved skylights of exact size
and appearance in the currently approved location. New skylights shall match existing
skylights.
The installation of skylights shall be consistent with the materials and options used by the
builder in constructing the initial Improvements on such Lots.
Specific Guidelines
• Skylights shall have a low profile and lie flat on the roof.
• Skylights shall be installed parallel with the roof ridge and edges and shall be located
on the back side of the roof ridge.
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• The frame color shall match or be compatible with the roof color.
Submission Requirements
• A drawing or photograph showing the proposed location of the skylight.
• Catalogue photographs or manufacturer's "cut sheets" of the skylight and complete
specifications including dimensions, colors, materials, etc.
32. Solar Collectors
General Considerations
Solar collectors are prohibited.
33. Spas/Hot Tubs
General Considerations
Spas/hot tubs should be selected, designed, and located so as to minimize their impact on
neighboring properties.
In general, a spa/hot tub should be integrated visually and structurally with a rear yard
ground level deck or patio and be screened from view.
Specific Guidelines
• Spas/hot tubs shall be located in the rear yard.
• Spas/hot tubs shall be screened from adjacent properties and streets by a structural
screen, fence and/or landscaping.
• No more than one spa/hot tub is permitted on any property.
• When set on a deck, the spa/hot tub should be integrated both visually and structurally
into the deck.
• Any mechanical equipment, pipes and wiring must be concealed or screened from
view.
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Submission Requirements
• A copy of the existing site plan showing the house and any deck, patio, fencing,
accessory structures, significant vegetation, property lines, and the proposed location of
the spa/hot tub.
• Photographs showing the house and site for the proposed spa/hot tub.
• Drawings, to scale, including plan and elevations, construction details and materials.
• A catalogue photograph or manufacturer's "cut sheets" with dimensions, materials, and
colors.
• If the use of fencing is proposed, include drawings indicating dimensions, details, and
material.
• Where applicable, provide a planting plan indicating the proposed type and location
of landscaping.
• Any associated lighting.
34. Storage Sheds
General Considerations
Storage sheds, if allowed, must be located so as to minimize their impact on neighboring
properties. The location should take advantage of screening provided by existing or
proposed structures, fences and/or vegetation.
Whenever possible, storage sheds should be visually integrated with the existing house
through the complementary use of materials, colors and details.
Specific Guidelines
• Generally, no more than one storage shed will be permitted on any property.
• Wherever possible, built-in sheds should be integrated into the architecture of the
house, walls or fencing. The storage shed must be located against the rear wall and/or
privacy fence, should not extend above the wall or fence, and is limited in size to 50
square feet.
• Storage sheds in a visible location may require screening by fencing and/or landscaping
to effectively reduce the visual impact from neighboring properties.
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FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
• Location of shed shall not alter the existing drainage flow.
Submission Requirements
• A copy of the existing site plan showing the house and any deck, patio, fencing,
accessory structures, significant vegetation, property lines, and the proposed location of
the shed.
• Photographs showing the house and the exact location of the proposed shed.
• If pre -constructed, a catalogue photograph or manufacturer's "cut sheets" of the shed,
including dimensions, materials, and colors.
• If the storage shed is to be constructed, include a plan and elevation drawings, to scale,
with dimensions, materials, and colors. If built against the rear wall of the house, also
include this elevation incorporating the proposed shed.
• Where the use of fencing is proposed, include a drawing with dimensions, details,
material and color.
• Supplemental landscaping may be required to compensate for the removal of
vegetation.
35. Swimming Pools
General Considerations
Due to limited space, the proximity of units, and the impact upon neighboring properties, the
addition of a permanent swimming pool or a large temporary pool is not permitted. Small,
temporary pools for young children are allowed in rear years, provided that the pool is
stored out of sight when not in use.
36. Tree Removal
General Considerations
Trees are an integral part of the overall image and character of Branbury Glen and must be
protected. Trees located on lots, within woods and other natural areas may not be disturbed
without specific approval.
In general, the removal of trees will be approved if the tree is dead or if there is danger to
people or property or if detrimental conditions exist. Detrimental conditions include the
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FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
physical intrusion by roots and branches on houses in a way that causes damage, excessive
shade, or block views and sight lines. Overgrowth may also be considered detrimental.
Due to the proximity of units, the removal of trees on individual properties will be reviewed
on a case -by -case basis.
Specific Guidelines
Approval is required to remove any large tree, either deciduous or evergreen whose
trunk measures 4" in diameter (or 12 1/2" in circumference) when measured at a height
of approximately four feet from the ground.
Approval must be obtained to remove any live ornamental tree (dogwood, holly,
cherry, etc.) larger than 2" in diameter.
The installation of an appropriate replacement tree may be required as a stipulation for
allowing removal of a tree.
Submission Requirements
• A copy of the existing site plan showing the house, driveway, property lines and the
location of tree(s) to be removed.
• Photographs showing the house and the property identifying the tree(s) to be removed.
• A description of the tree(s) to be removed and the reason for removal.
• The tree(s) should be marked with a ribbon or spray paint for easy identification.
• Information regarding any replacement plantings, if applicable.
37. Trellises/Arbors
General Considerations
Trellises and arbors should be designed and located so as to be compatible with the existing
house in style, character, scale, materials and colors.
In general, the addition of a trellis should be integrated visually and structurally with the
architecture of the house. Arbors should complement the overall composition of the yard
and any existing fencing element.
The addition of a trellis/arbor shall be consistent with the materials and options used by the
builder in constructing the initial Improvements on such Lots.
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FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
Specific Guidelines
The preferred location should be integrated with the rear yard deck or patio. A
freestanding trellis or arbor should be located in the rear yard.
• Size, height, materials, and colors should be harmonious with the size of the property
and the architecture of the house, deck, patio, fence, etc.
Submission Requirements
• A copy of the existing site plan showing the house, any deck, patio, fencing, accessory
structures, significant vegetation, property lines, and the proposed location of the trellis
or arbor.
• Photographs showing the house and the proposed location of the trellis or arbor.
• Drawings, to scale, including plan and elevations, materials and colors.
• If a prefabricated trellis/arbor is proposed, include a catalogue photograph and/or
manufacturer's "cut sheets" with dimensions, materials and colors.
• Where applicable, provide a planting plan indicating the type and location of proposed
landscaping.
38. Windows
General Considerations
Windows shall be compatible in style with the architecture of the house. Stonn/screen
windows must not distract from or alter the appearance of the house.
Windows shall be of quality material and workmanship, and consistent in proportion,
detailing and style. The type, style, material, color, detailing and installation of a new or
replacement window must be consistent with that of existing windows.
Generally, no application is required for the replacement of existing windows, and/or the
installation/replacement of storm/screen windows, that are exact in type, style and color.
The addition/replacement of windows, including storm/screen windows, in Townhouse Lots,
shall be consistent with the materials and options used by the builder in constructing the
initial Improvements on such Lots.
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FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
Specific Guidelines
Window Additions/Replacements
• New windows, including sliding or French doors, must be compatible in style and
character with existing windows, and their proposed locations must be appropriate to
the architecture of the house.
• Individual replacement windows must match or be compatible with existing windows
in design, configuration, material, frame width, and color.
• Window frames shall be clad or painted in white, dark anodized "bronze", or a color
consistent with other windows. Mill -finished clear or gold anodized aluminum is not
permitted.
• Windows shall have clear glass. Highly reflective glass tinting is not permitted.
Storm/Screen Windows
• Storm/screen windows must not substantially alter the appearance of the existing
windows.
• When installed over existing windows, storm/screen window frames should be of the
same material and have a similar color as the existing window frames.
• Additional storm/screen windows must match the type, material, frame width, and
color of the existing storm/screen windows.
Submission Requirements
• Photographs showing the house, existing windows and doors and the proposed location
of new and/or replacement windows.
• Where new windows are proposed, elevation drawings, to scale, showing the existing
house and the proposed location of the windows.
• Catalogue photographs or manufacturer's "cut sheets" identifying window type and
style, including the specific "name" of the window, if applicable, and dimensions,
materials and colors.
• A sample of the window frame finish and color, if applicable.
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FIELDSTONE TOWNHOME ASSOCIATION, INC.
Design Guidelines and Application Procedures
B. Questions & Updates
All Applicants should be aware that these Design Guidelines are subject to periodic review and
modification in accordance with the Declaration. Modifications of these Design Guidelines are
probable and should be expected as part of the natural evolution of the Association. Applicants
are responsible for confirming that they are using the most recent Design Guidelines. To
obtain copies of any updates to these Design Guidelines, an application, information or other
assistance, please contact:
Fieldstone Townhome Association, Inc.
c/o Property Management People (PMP)
82A Wormans Mill Court
Frederick, Maryland 21701
(301) 694-6900 phone
(301) 694-9514 fax
IV. Exhibits
The following exhibits are hereby attached to and made a part of these Design Guidelines:
Exhibit "A" Project Application Form
42
ARTICLES OF INCORPORATION
LIM
FIELDSTONE TOWNHOME ASSOCIATION, INC.
The undersigned, J. Christopher Chamblin, whose post office address is Drawer
111, Leesburg, Virginia 20178, being at least eighteen (18) years of age, has this day, by
execution of these Articles, voluntarily declared himself to be an incorporator for the
purpose of forming a nonstock, nonprofit corporation pursuant to Chapter 10 of Title 13.1
of the Code of Virginia, and does hereby certify:
ARTICLE 1
NAME OF CORPORATION
The name of the corporation is FIELDSTONE TOWNHOME ASSOCIATION,
INC., hereinafter referred to as the "Association."
ARTICLE 2
REGISTERED OFFICE
The address of the initial registered office of the Association is 107 East Market
Street, Leesburg, Virginia 20176. The initial registered office of the Association is
located in the County of Loudoun, Commonwealth of Virginia.
ARTICLE 3
REGISTERED AGENT
The name of the registered agent of the Association is J. Christopher Chamblin,
whose address is 107 East Market Street, Leesburg, Virginia 20176. The registered agent
is a resident of the Commonwealth of Virginia and a member of the Virginia State Bar
(No. 65327). The address of the initial registered office is 107 East Market Street,
Leesburg, Virginia 20176. The initial registered office is located in the County of
Loudoun, Commonwealth of Virginia.
ARTICLE 4
POWERS AND PURPOSES
This Association does not contemplate pecuniary gain or profit, direct or indirect,
to the Members thereof, and the specific purposes for which it is formed are to provide
for and assure the maintenance, preservation and architectural control of the Lots,
Common Area and Community Facilities within the Property described in the
Declaration of Covenants, Conditions and Restrictions recorded or to be recorded among
the Land Records of the County in which said Property is located, including such
additions thereto as may be hereafter brought within the jurisdiction of the Association,
and to promote the health, safety and welfare of the Owners within the Property and any
additions thereto as may hereafter be brought within the jurisdiction of this Association.
For this purpose, the Association shall have the power and authority to:
(a) exercise all of the powers and privileges and perform all of the
duties and obligations of the Association as set forth in the Declaration of Covenants,
Conditions and Restrictions, hereinafter referred to as the "Declaration", applicable to the
Property and recorded or to be recorded among the Land Records of Frederick County,
Virginia, and as the same may be amended from time to time as therein provided, said
Declaration being incorporated herein as if set forth at length and made a part hereof,
(b) fix, levy, collect and enforce payment by any lawful means, of all
charges or Assessments pursuant to the terms of the Declaration; to pay all expenses in
connection therewith, including all office expenses, licenses, taxes or governmental
charges levied or imposed against the property of the Association and all other expenses
incident to the conduct of the business of the Association;
(c) acquire (by gift, purchase or otherwise), own, hold, improve, build
upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise
dispose of real or personal property in connection with the affairs incurred;
(d) borrow money, and with the consent of two-thirds (2/3) of each
class of Members of the Association, mortgage, pledge, deed in trust, or hypothecate any
or all of the real or personal property owned by the Association as security for money
borrowed or debts incurred;
(e) participate in mergers and consolidations with other nonprofit
corporations organized for the same purposes or annex additional residential property and
Common Area, provided that any such merger, consolidation or annexation shall have the
consent of two-thirds (2/3) of each class of Members, unless the Declaration or Bylaws
provide otherwise; and
Wa
(f) have and exercise any and all powers, rights and privileges which a
nonstock corporation organized under the laws of the Commonwealth of Virginia by law
may now or hereafter have or exercise.
ARTICLE 5
NO CAPITAL STOCK
This Association is not authorized to issue any capital stock and shall not be
operated for profit. The Association does not anticipate distributing dividends, gains or
profits to its Members. No Member shall have any personal liability for the debts or
obligations of the Association.
ARTICLE 6
VOTING RIGHTS
The Association shall initially have two (2) classes of voting membership, Class
A and Class B. The voting rights of the Class C Members, if any, shall be as established
by the Declarant in accordance with the Declaration.
Class A. With the exception of the Declarant (until expiration of the Class
B memberships as provided below), every person, group of persons, corporation,
partnership, trust or other legal entity, or any combination thereof, who is an Owner of a
Townhouse Lot (including any Participating Builder) shall be a Class A Member of the
Association; provided, however, that any such person, group of persons, corporation,
partnership, trust or other legal entity, or any combination thereof, who holds such
interest solely as security for the performance of an obligation shall not be a Class A
Member solely on account of such interest. Each Townhouse Lot shall entitle the Owner
of such Lot to cast one (1) vote in the affairs of the Association. When more than one (1)
person or entity are the Owners of any Townhouse Lot, all such persons and entities shall
be Class A Members. The vote for such Townhouse Lot shall be exercised as they
among themselves determine, but in no event shall more than one (1) vote be cast with
respect to any Townhouse Lot owned by a Class A Member. Any Class A Member who
leases his or her Townhouse Lot may, in the lease or other written instrument, assign the
voting right appurtenant to that Townhouse Lot to the lessee, provided that a copy of such
instrument is furnished to the Association.
Class B. There shall initially be six hundred seventy-five (675) Class B
memberships in the Association. This number shall be increased by three (3)
memberships for each Lot which is annexed within the jurisdiction of the Association in
accordance with Article 10.2 of the Declaration in excess of two hundred twenty-five
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(225) Lots, and shall be decreased by three (3) memberships for each Lot conveyed to a
Class A Member (excluding any Lot conveyed to a Participating Builder). The Class B
Member shall be the Declarant, its nominee or nominees, and shall include every person,
group of persons, corporation, partnership, trust or other legal entity, or any combination
thereof, who shall obtain any Class B membership by specific assignment in writing from
the Declarant.
The Class B Member shall be entitled to one (1) vote for each Class B
membership. Each Class B membership shall lapse and become a nullity on the first to
happen of the following events:
(i) one hundred twenty (120) days following the date on which
the total authorized, issued and outstanding votes of the Class A Members (excluding any
Participating Builder) equals the number of Class B memberships; or
(ii) fifteen (15) years from the date of recordation by the
Declarant of the first Declaration or Supplementary Declaration annexing all or any
portion of the real property described on Schedule A-1 thereto; provided, however, that if
the Declarant is delayed in the improvement and development of the Property on account
of a sewer, water or building permit moratorium or any other cause or event beyond the
Declarant's control, then the aforesaid fifteen (15)-year period shall be extended by a
period of time equal to the length of the delays or an additional five (5) years, whichever
is less; or
(iii) upon the surrender of said Class B memberships by the
then holders thereof for cancellation on the books of the Association.
Upon the lapse or surrender of the Class B memberships as provided for in
this Article, the Declarant shall thereafter become a Class A member of the Association,
as applicable, as to each and every Lot in which the Declarant then holds the interest
otherwise required for such membership.
Class C. The Declarant shall have the right, but not the obligation, to
establish Class C Members of the Association. Any provision of these Articles or the
Bylaws to the contrary notwithstanding, the rights, privileges, obligations, conditions,
qualifications and requirements applicable to the Class C Members, if any, shall be as
specified by the Declarant in accordance with the Declaration.
The Members of the Association shall have no preemptive rights, as such
Members, to acquire any memberships of this Association that may at any time be issued
by the Association except as may be specifically provided in these Articles of
Incorporation, the Bylaws or the Declaration of the Association.
ARTICLE 7
MEMBERSHIP
Every person or entity who is a record owner of a fee or undivided fee interest of
any Lot, including contract sellers, shall be a Member of the Association; provided that
any such person or entity who or which holds such interest merely as security for the
performance of an obligation shall not be a Member. Membership shall be appurtenant to
and may not be separated from ownership of any Lot which is subject to Assessment by
the Association.
ARTICLE 8
RIGHT OF ENJOYMENT
Every Owner shall have a right and easement of enjoyment in and to the Common
Area and Community Facilities, including, without limitation, an easement for the use
and enjoyment of the private streets, parking areas, pathways and walkways, if any,
within the Common Area, which shall be appurtenant to and shall pass with the title to
every Lot, for purposes of ingress and egress to and from such Owner's Lot.
ARTICLE 9
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a Board initially consisting of
three (3) Directors whose names and addresses are hereinafter listed. Commencing with
the first annual meeting of the Association, the Board shall consist of an uneven number
of not less than five (5) nor more than seven (7) Directors. The names and addresses of
the persons who are to initially act in the capacity of Directors until the selection of their
successors, and their respective class as Directors, are:
[Remainder of Page Intentionally Left Blank]
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Name
Address
Neil Reinhard
c/o Arcadia Building Company
Post Office Box 1150
Purcellville, Virginia 20134
Donald Miller
c/o Arcadia Building Company
Post Office Box 1150
Purcellville, Virginia 20134
Gary Endler
c/o Arcadia Building Company
Post Office Box 1150
Purcellville, Virginia 20134
The number, classes, qualifications, powers, duties and tenure of the office of the
Directors and the manner by which Directors are to be chosen shall be as prescribed and
set forth in the Bylaws of the Association. Officers of the Association shall be elected
and shall serve as provided for in said Bylaws.
ARTICLE 10
DISSOLUTION
The Association may be dissolved with the consent given in writing and signed by
not less than two-thirds (2/3) of each class of voting Members, and with the written
approval of the two-thirds (2/3) of the Eligible First Mortgage Holders, or its successors
or assigns, which approval shall not be unreasonably delayed or denied; provided that the
affirmative vote of at least one (1) Director from each class shall be required to dissolve
the Association. Written notice of a proposal to dissolve, setting forth the reasons
therefor and the disposition to be made of the assets (which shall be consonant with this
Article 10), shall be mailed to every Member not less than ten (10) days nor more than
fifty (50) days in advance of any action to be taken. Upon dissolution of the Association,
other than incident to a merger or consolidation, the assets of the Association shall be
dedicated to an appropriate public agency to be used for purposes similar to those for
which this Association was created. In the event that such dedication is refused
acceptance, such assets shall be granted, conveyed and assigned to any nonprofit
corporation, association, trust or other organization to be devoted to such similar
purposes.
ARTICLE 11
DURATION
The Association shall exist perpetually.
ARTICLE 12
AMENDMENTS
Amendment of these Articles shall require the consent of Members entitled to cast
not less than seventy-five percent (75%) of the votes of all Members of the Association.
ARTICLE 13
FHA APPROVAL
As long as there is a Class B membership and any Lot subject to the Declaration
is then encumbered by a deed of trust or mortgage which is insured by the Federal
Housing Administration (the "FHA"), the following actions will require the prior
approval of the FHA: annexation of additional properties, not in conformance with the
Development Plan (and amendments thereto) as approved by the FHA, mergers and
consolidations, mortgaging of Common Area, dedication of Common Area, dissolution
and amendment of these Articles.
ARTICLE 14
T.TARTT TTV
No Director or Officer of the Association shall be liable to the Association or to
its Members for money damages except (i) to the extent that it is proved that such
Director or Officer actually received an improper benefit or profit in money, property or
services, for the amount of the benefit or profit in money, property or services actually
received, or (ii) to the extent that a judgment or other final adjudication adverse to such
Director or Officer is entered in a proceeding based on a finding in the proceeding that
such Director's or Officer's action, or failure to act, was the result of active and
deliberate dishonesty and was material to the cause of action adjudicated in the
proceeding.
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ARTICLE 15
MISCELLANEOUS
Unless it is plainly evident from the context that a different meaning is intended,
all terms used herein shall have the same meaning as they are defined to have in the
Declaration. In the event of any conflict between these Articles and the Declaration, the
terms and provisions of the Declaration shall control.
IN WITNESS WHEREOF, the undersigned has signed, sealed and delivered these
Articles of Incorporation as his own free act and deed on this day of ,
2006.
J. Christopher Chamblin
VSB No. 65327
Incorporator
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BYLAWS
OF
FIELDSTONE TOWNHOME ASSOCIATION, INC.
ARTICLE 1
NAME AND LOCATION
The name of the corporation is FIELDSTONE TOWNHOME ASSOCIATION,
INC., hereinafter referred to as the "Association." The initial principal office of the
corporation shall be located at 107 East Market Street, Second Floor, Leesburg, Virginia
20176, but meetings of Members and Directors may be held at such places within or
outside the Commonwealth of Virginia as may be designated by the Board of Directors.
ARTICLE 2
DEFINITIONS
Section 2.1. "Administrative Resolutions" are rules, policies and/or
procedures, adopted by the Board of Directors, for implementing provisions of the
Declaration, these Bylaws and the Articles of Incorporation of the Association, as more
fully described in Article 8 of these Bylaws.
Section 2.2. "Annual Assessments " shall mean and refer to the
assessments levied against all Lots within the Property to fund the Common Expenses,
not including Special Assessments.
Section 2.3. "Assessments " shall mean and refer collectively to any
Annual Assessment or Special Assessment and all other fees and charges, including all
installments thereof, as may be levied by the Association in accordance with the
Declaration.
Section 2.4. "Association" shall mean and refer to FIELDSTONE
TOWNHOME ASSOCIATION, INC., a nonstock corporation organized under the
statutory laws of the Commonwealth of Virginia, its successors and/or assigns.
Section 2.5. "Common Area " shall mean and refer to all portions of the
Property and all interests therein, including easements and improvements thereon, owned
or leased by the Association for the use and enjoyment of the Members.
Section 2.6. "Community Facilities" shall mean and refer to any and all
improvements and facilities located upon the Common Area including, without
limitation, recreational facilities (if any), which are operated and maintained by the
Association for the common use and enjoyment of the Owners.
Section 2.7. "Common Expenses" shall mean and refer to the actual and
estimated expenses of operating the Association, including, without limitation, a
reasonable reserve and expenses for the maintenance of the Common Area in accordance
with Article 13 of the Declaration, all as may be found to be necessary or appropriate by
the Board of Directors pursuant to the Declaration, these Bylaws and the Articles of
Incorporation of the Association.
Section 2.8. "Declarant" shall mean and refer to ARCADIA-
FIELDSTONE, L.L.C., a Virginia limited liability company, and its successors and/or
assigns, if such successors and/or assigns should acquire more than one undeveloped Lot
from the Declarant for the purpose of development, but only to the extent that all or any
portion of the rights, reservations, easements, interests, exemptions, privileges and/or
powers of the Declarant are specifically assigned or transferred to any such successors or
assigns by an instrument in writing.
Section 2.9. "Declaration " shall mean and refer to the Declaration of
Covenants, Conditions and Restrictions applicable to the Property recorded among the
Land Records for Frederick County, Virginia, including any amendments and
supplements thereto.
Section 2.10. "Equity Resolution" shall mean and refer to those actions
of the Board of Directors which create additional covenants, conditions and/or
restrictions with respect to the Lots and the Common Area as more fully described in
Article 8 of these Bylaws.
Section 2.11. "Lot" shall mean and refer to any plot of land designated
as a separate subdivided lot of record upon any recorded subdivision plat of the Property
upon which the planned or actual improvements are primarily intended for use and
occupancy as a residential dwelling unit. No Lot shall be counted twice in any situation
where it may fall within more than one of the foregoing descriptions. The term Lot shall
not include Common Area or outlots of property dedicated for public use.
Section 2.12. "Member" shall mean and refer to every person, group of
persons, corporation, partnership, trust, or other legal entity, or any combination thereof,
which holds any class of membership in the Association.
Section 2.13. "Mortgagee " shall mean the holder of any recorded
mortgage, or the party secured or beneficiary of any recorded deed of trust, encumbering
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one or more of the Lots. "Mortgage", as used herein, shall include deeds of trust. "First
Mortgage", as used herein, shall mean a mortgage with priority over all other mortgages.
As used in the Declaration, the term "mortgagee" shall mean any mortgagee and shall not
be limited to institutional mortgagees. As used in the Declaration, the term "institutional
mortgagee" or "institutional holder" shall include banks, trust companies, insurance
companies, mortgage insurance companies, savings and loan associations, trusts, mutual
savings banks, credit unions, pension funds, mortgage companies, Federal National
Mortgage Association ("FNMA"), Government National Mortgage Association
("GNMA"), Federal Home Loan Mortgage Corporation ("FHLMC"), all corporations
and any agency or department of the United States Government or of any state or
municipal government, or any other organization or entity which has a security interest in
any Lot. In the event any mortgage is insured by the Federal Housing Administration
("FHA") or guaranteed by the Department of Veterans Affairs ("VA"), then as to such
mortgage the expressions "mortgagee" and "institutional mortgagee" include the FHA or
the VA as the circumstances may require, acting, respectively, through the Federal
Housing Commission and the Secretary of Veterans Affairs or through other duly
authorized agents.
Section 2.14. "Neighborhood" shall mean and refer to any group of Lots
which are hereafter annexed within the jurisdiction of the Association by Declarant
pursuant to Article 10 of the Declaration and which are designated by Declarant as
constituting all or a portion of specified Neighborhood of Lots in the Supplementary
Declaration annexing such Lots. The term Neighborhood shall also mean and refer to
any group of Lots designated as constituting all or a portion of a specified Neighborhood
of Lots by the Declarant or the Board of Directors based on such factors as are deemed
appropriate by the Declarant or the Board, including, without limitation, the location and
proximity of such Lots, any special features or amenities within or serving such Lots, any
special services provided to or requested by the Owners or residents of such Lots, and the
input of interested Owners and residents within the Property.
Section 2.15. "Neighborhood Assessments" shall mean and refer to
assessments for those portions of the Common Expenses, if any, as may be levied against
the Lots within a specified Neighborhood in accordance with Article 13 of the
Declaration.
Section 2.16. "Neighborhood Committee" shall mean and refer to any
committee comprised of Owners and/or residents of Lots within a specified
Neighborhood, as may be established by the Board of Directors.
Section 2.17. "Neighborhood Common Area" shall mean and refer to
any Common Area which is hereafter annexed within the jurisdiction of the Association
by Declarant pursuant to Article 10 of the Declaration and which is designated by
Declarant as being for the primary or exclusive use and benefit of a specified
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Neighborhood in the Supplementary Declaration annexing such Common Area. The
term Neighborhood Common Area shall also mean and refer to any Common Area
designated as being for the primary or exclusive use and benefit of a specified
Neighborhood by the Declarant or the Board of Directors based on such factors as are
deemed appropriate by the Declarant or the Board of Directors, including, without
limitation, the location and proximity of such Neighborhood to the Common Area, any
special features or amenities within the Common Area serving such Neighborhood, and
the input of interested Owners and residents within the Property.
Seciton 2.18. "Neighborhood Special Assessment" shall mean and refer
to any assessment levied by the Association against Lots within a specified
Neighborhood.
Section 2.19. "Owner " shall mean and refer to the record owner, whether
one or more persons or entities, of fee simple title to any Lot which is a part of the
Property, including contract sellers, but excluding those having such interest merely as
security for the performance of an obligation.
Section 2.20. "Project" as used in these Bylaws shall refer to the
Property.
Section 2.21. "Property" shall mean and refer to all real property as may
hereafter be brought within the jurisdiction of the Association pursuant to Article 10 of
the Declaration.
Section 2.22. "Special Assessment" shall mean and refer to any
assessment levied by the Association in accordance with Section 13.4 of the Declaration.
Section 2.23. "Townhouse Lot" shall mean and refer to any Lot upon
which there is constructed, or is intended to be constructed, a single-family attached or
semi -attached townhouse dwelling unit.
Any other capitalized terms used herein shall be defined as set forth in the
Declaration unless specifically provided otherwise in these Bylaws.
ARTICLE 3
MEETING OF MEMBERS
Section 3.1. Annual Meetings. The first annual meeting of the Members
shall be held within twelve (12) months from the date of filing of the Articles of
Incorporation of the Association, and each subsequent regular annual meeting of the
Members shall be held on the same day of the same month of each year thereafter or such
other reasonably similar date as may be selected by the Board of Directors. If the day for
the annual meeting of the Members is a legal holiday, the meeting will be held at the
same hour on the first day following which is not a legal holiday.
Section 3.2. Special Meeting. Special meetings of the Members may
be called at any time by the President or by the Board of Directors, or upon written
request of the Members who are entitled to vote not less than five percent (5%) of the
votes of each class of Members.
Section 3.3. Notice of Meetin s. Written notice of each meeting of the
Members shall be given by, or at the direction of, the Secretary or person authorized to
call the meeting, by mailing a copy of such notice, postage prepaid, or hand delivering a
copy of such notice, at least ten (10) days (but not more than ninety (90) days) before
such meeting to each Member entitled to vote thereat, addressed to the Member's address
last appearing on the books of the Association, or supplied by such Member to the
Association for the purpose of notice. Such notice may be waived upon the declaration
of an emergency by the person calling the meeting. Such notice shall specify the place,
day and hour of the meeting, and, in the case of a special meeting, the purpose of the
meeting. All meetings of the Members shall be held at places and times convenient to the
greatest number of Members.
Section 3.4. Quorum. The presence at the meeting of Members entitled
to cast, or of proxies entitled to cast, five percent (5%) of the votes of each class of
Members shall constitute a quorum for any action except as otherwise provided in the
Articles of Incorporation, the Declaration or these Bylaws. If, however, such quorum
shall not be present or represented at any meeting, the Members entitled to vote thereat
shall have power to adjourn the meeting from time to time, without notice other than
announcement at the meeting, until a quorum as aforesaid shall be present or be
represented.
Section 3.5. Voting. At every meeting of the Members, each Member,
or such Member's proxy, shall have the right to cast the number of votes specified in the
Declaration. The vote of the Members representing more than fifty percent (50%) of the
total of the votes of all Members present, in person or by proxy, and voting at the
meeting, calculated as aforesaid, shall be necessary to decide any question brought before
such meeting, unless the question is one upon which, by the express provision of law or
of the Articles of Incorporation, or of the Declaration or of these Bylaws, a different vote
is required, in which case such express provision shall govern and control. The vote for
any membership which is owned by more than one person may be exercised by any of the
co -owners present at any meeting unless any objection or protest by any other owner of
such membership is noted at such meeting. In the event all of the co -owners of any
membership who are present at any meeting of the Members are unable to agree on the
manner in which the votes for such membership shall be cast on any particular question,
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then such vote shall not be counted for purposes of deciding that question. In the event
any membership is owned by a corporation, then the vote for any such membership shall
be cast by a person designated in a certificate signed by the President or any Vice
President of such corporation and attested by the Secretary or an Assistant Secretary of
such corporation and filed with the Secretary of the Association, prior to or during the
meeting. The vote for any membership which is owned by a trust or partnership may be
exercised by any trustee or partner thereof, as the case may be, and, unless any objection
or protest by any other such trustee or partner is noted at such meeting, the Chairperson
of such meeting shall have no duty to inquire as to the authority of the person casting
such vote or votes. No Class A or Class B Member shall be eligible to vote, either in
person or by proxy, or to be elected to the Board of Directors, who is shown on the books
or management accounts of the Association to be more than sixty (60) days delinquent in
any payment due the Association. All election materials prepared with Association funds
must list candidates in alphabetical order and must not suggest a preference among
candidates.
Section 3.6. Absentee Ballots. Any unsigned absentee ballot, to be
valid, shall be received in a signed, sealed envelope bearing the identification of the
dwelling unit on the outside, and shall be opened only at a meeting at which all
candidates or their delegates have a reasonable opportunity to be present.
Section 3.7. Proxies. At all meetings of Members, each voting Member
may vote in person or by proxy. All proxies shall be in writing and filed with the
Secretary. Every proxy shall be revocable and shall automatically cease upon
conveyance by the Member of his or her Lot. No proxy shall be valid after eleven (11)
months from its date, unless otherwise provided in the proxy. Any proxy must be in
writing and must be filed with the Secretary in a form approved by the Board of
Directors, which approval may not be unreasonably withheld, before the appointed time
of each meeting. Any written proxy which conforms to the applicable laws of the
Commonwealth of Virginia shall be satisfactory and approved as to form by the Board of
Directors. Notwithstanding anything herein to the contrary only a directed proxy may be
utilized to vote for a member of the Board of Directors. A non -directed proxy may be
counted toward a quorum and may vote on any matters of business other than the election
of Directors.
Section 3.8. Rights of Morty-aQees. Any institutional mortgagee of any
Lot who desires notice of the annual and special meetings of the Members shall notify the
Secretary to that effect by Registered Mail - Return Receipt Requested. Any such notice
shall contain the name and post office address of such institutional mortgagee and the
name of the person to whom notice of the annual and special meetings of the Members
should be addressed. The Secretary of the Association shall maintain a roster of all
institutional mortgagees from whom such notices are received and it shall be the duty of
the Secretary to mail or otherwise cause the delivery of a notice of each annual or special
M
meeting of the Members to each such institutional mortgagee in the same manner, and
subject to the same requirements and limitations as are otherwise provided in this Article
for notice to the Members. Any such institutional mortgagee shall be entitled to
designate a representative to attend any annual or special meeting of the Members and
such representative may participate in the discussion at any such meeting and may, upon
his or her request made to the Chairperson in advance of the meeting, address the
Members present at any such meeting. Such representative shall have no voting rights at
any such meeting. Such representative shall be entitled to copies of the minutes of all
meetings of the Members upon request made in writing to the Secretary.
Section 3.9. Open Meetings.
(a) All meetings of the Association shall be open to all Members of
the Association or their agents, except that such meetings may be held in closed session
for the following purposes:
(i) discussion of matters pertaining to employees and
personnel;
(ii) protection of the privacy or reputation of individuals in
matters not related to Association business;
(iii) consultation with legal counsel;
(iv) consultation with staff personnel, consultants, attorneys or
other persons in connection with pending or potential litigation;
(v) investigative proceedings concerning possible or actual
criminal misconduct;
(vi) consideration of the terms or conditions of a business
transaction in the negotiation stage if the disclosure could adversely affect the economic
interests of the Association;
(vii) complying with a specific constitutional, statutory or
judicially imposed requirement protecting particular proceedings or matters from public
disclosure; or
(viii) on an individually recorded affirmative vote of two-thirds
(2/3) of the members of the Board of Directors (or committee, if applicable) present, for
some other exceptional reason so compelling as to override the general public policy in
favor of open meetings.
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(b) If a meeting is held in closed session pursuant to the procedures
established above:
(i) no action may be taken and no matter may be discussed
other than those permitted above; and
(ii) a statement of the time, place and purpose of any closed
meeting, the record of the vote of each member of the Board of Directors (or committee,
if applicable) by which any meeting was closed, and the authority under this Section for
closing the meeting shall be included in the minutes of the next meeting of the Board of
Directors (or committee, if applicable).
ARTICLE 4
BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE
Section 4.1. Number; Classes; Qualifications. The affairs of the
Association shall be managed by a Board of Directors initially consisting of three (3)
natural persons who shall be designated by the Declarant and who shall hold office until
the election of their successors at the first annual meeting of the Members of the
Association. The names of the initial Directors are set forth in the Articles of
Incorporation.
Commencing with the first annual meeting of the Association, the Board
of Directors shall consist of an uneven number of not less than five (5) nor more than
seven (7) Directors who shall be elected by the Members of the Association. The Board
of Directors shall consist of the following three (3) classes: (i) one class elected by the
Class A Members ("Class A Directors"); (ii) one class elected by the Class B Members
("Class B Directors"); and (iii) one class elected by the Class C Members ("Class C
Directors"), if Class C memberships are created. Notwithstanding the foregoing, the
Declarant shall be entitled to vote for all Class A, Class B, and Class C Directors, and in
the event that at the time of any meeting of the Association at which Directors are to be
elected the Association does not include any Members of a particular Class, then the
Directors of that Class shall be elected solely by the Declarant. To qualify for election,
Directors must either be Lot Owners or designees of the Declarant (for so long as the
Declarant shall be a Lot Owner); provided, however, that Directors need not be Class A
Members to qualify for election as Class A Directors, Class B Members to qualify for
election as Class B Directors, or Class C Members to qualify for election as Class C
Directors. Prior to the lapse of all of the Class B memberships as provided for in the
Articles of Incorporation and the Declaration, the number of Directors shall be
determined from time to time by the Declarant; thereafter, the number of Directors shall
be determined by a vote of the Members at any annual or special meeting of the Members
and the number of Directors may be changed by a vote of the Members at any subsequent
annual or special meeting of the Members; provided, however, that (a) the limitations of
this Section shall continue to apply; and (b) no such change shall operate to curtail or
extend the term of any incumbent Director. Once transition from Declarant Control to
Homeowner Control is complete, the Board of Directors shall be elected by all eligible
members without specific regard to Classes.
Section 4.2. Term of Office. The Directors of the Association
designated by the Declarant in accordance with Article 4, Section 4.1 of these Bylaws
shall hold office at the pleasure of the Declarant until the first annual meeting of the
Association as provided for in Article 3, Section 3.1 of these Bylaws. Commencing with
the first annual meeting of the Association, the terms of office of members of the Board
of Directors shall be fixed at three (3) years. In the alternative, the Members may resolve
at any annual meeting, following the lapse of the Class B memberships, to establish the
term of office for all Directors to be for a period less than three (3) years, or to establish
staggered terms of office for the Directors of from one (1) to three (3) years. Any change
in the number of Directors or term of office of Directors shall not act to extend or curtail
the term of office of any incumbent. Directors shall hold office until their successors
have been elected and hold their first regular meeting.
Section 4.3. Removal of Members of the Board of Directors. Except
with respect to Directors elected or appointed by the Declarant, any Director may be
removed from the Board, with or without cause, by the vote of Members entitled to cast
more than fifty percent (50%) of votes of the class of Members entitled to elect that
Director, and in the event of the death, resignation or removal of a Director, a successor
shall be selected by the remaining members of the Board of that Director's same class
(or, in the event that there are no such Directors, by the Lot owners of that class) who
shall serve for the unexpired term of such Director's predecessor. The term of office of
any Director who becomes more than forty-five (45) days delinquent in payment of
Assessments against the Lot of which he or she is the Owner shall automatically
terminate on the forty-sixth (46th) day, and the term of office of any Director who shall
be absent, without reasonable cause, from three (3) consecutive regular meetings of the
Board of Directors shall automatically terminate upon commencement of the next regular
meeting of the Board following such Director's third consecutive absence, and, in each
case, such Director's successor shall thereupon be appointed by the remaining Directors
of the same class (or, in the event that there are no such Directors, by the Lot Owners of
that class) from among the Lot Owners to fill out the unexpired portion of such Director's
term; provided, however, that the successor to any Director elected or appointed by the
Declarant shall be appointed by the Declarant. Any provision of these Bylaws to the
contrary notwithstanding, members of the Board of Directors elected or appointed by the
Declarant shall serve at the pleasure of and may be removed and/or replaced, with or
without cause, solely by the Declarant.
M
Section 4.4. Compensation. No Director shall receive compensation for
any service he or she may render to the Association. However, any Director may be
reimbursed for his or her actual expenses incurred in the performance of his or her duties.
Section 4.5. Action Taken Without a Meeting. The Directors shall have
the right to take any action in the absence of a meeting which they could take at a
meeting by obtaining the written approval of all the Directors and filing such approval
with the minutes of the proceedings of the Board of Directors. Any action so approved
shall have the same effect as though taken at a meeting of the Directors.
ARTICLE 5
NOMINATION AND ELECTION OF DIRECTORS
Section 5.1. Nomination. Nomination for election to the Board of
Directors, commencing with the first annual meeting of Members, may be made by a
Nominating Committee. Nominations may also be made from the floor at the annual
meeting. The Nominating Committee shall consist of a Chairperson, who shall be a
member of the Board of Directors, and two or more Members of the Association. The
Nominating Committee, if any, may be appointed by the Board of Directors prior to each
annual meeting of the Members and such appointment may be announced at each annual
meeting. The Nominating Committee may make as many nominations for election to the
Board of Directors as it shall in its discretion determine, but not less than the number of
vacancies that are to be filled. Such nominations may be made from among Members or
non -Members.
Section 5.2. Election. Election to the Board of Directors shall be by
secret written ballot. At such election the Members or their proxies may cast, in respect to
each vacancy, as many votes as they are entitled to exercise under the provisions of the
Declaration. Only directed proxies shall be valid for the purpose of casting of votes for
election of members to the Board of Directors. All election materials prepared with
funds of the Association shall list candidates in alphabetical order and shall not suggest a
preference among candidates. The persons receiving the largest number of votes shall be
elected. Votes shall not be counted until after the time allotted by the Association for
voting has ended. Cumulative voting is not permitted.
ARTICLE 6
MEETINGS OF DIRECTORS
Section 6.1. Re-zular and Special Meeting. All meetings of the Board
of Directors or any committee created by the Board of Directors shall be held only upon
regularly scheduled and established dates or periods or at such time and place as shall
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have been made known to all Members in writing or upon written notice provided by
mail or hand delivery not less than seventy-two (72) hours nor more than ninety (90) days
prior to the date of the meeting. All such meetings shall be open to all Members of the
Association or their agents, and shall be held at places and times convenient to the
greatest number of Members. Meetings of the Board of Directors may be held in closed
session only in accordance with Article 3, Section 3.9 of these Bylaws.
Section 6.2. Ouorum. A majority of the number of Directors shall
constitute a quorum for the transaction of business; provided, however, that following the
lapse of the Class B Memberships, at least one (1) Director of each class shall be present.
Every act or decision done or made by a majority of the Directors present at a duly held
meeting at which a quorum is present shall be regarded as the act of the Board.
Section 6.3. Rikhts of Mort ggees. Any institutional mortgagee of any
Lot who desires notice of the regular and special meetings of the Board of Directors shall
notify the Secretary to that effect by Registered Mail - Return Receipt Requested. Any
such notice shall contain the name and post office address of such institutional mortgagee
and the name of the person to whom notice of the regular and special meetings of the
Board of Directors should be addressed. The Secretary of the Association shall maintain
a roster of all institutional mortgagees from whom such notices are received and it shall
be the duty of the Secretary to mail or otherwise cause the delivery of a notice of each
regular or special meeting of the Board of Directors to each such institutional mortgagee,
in the same manner, and subject to the same requirements and limitations, as are
otherwise provided in this Article for notice to the members of the Board of Directors.
Any such institutional mortgagee shall be entitled to designate a representative to attend
any regular or special meeting of the Board of Directors and such representatives may
participate in the discussion at any such meeting and may, upon his or her request made
to the Chairperson in advance of the meeting, address the members of the Board of
Directors present at any such meeting. Such representative shall have no voting rights at
any such meeting. Such representative shall be entitled to copies of the minutes of all
meetings of the Board of Directors upon request made in writing to the Secretary.
Section 6.4. Fidelity Insurance. The Board of Directors may require
that all Officers, Directors and employees of the Association regularly handling or
otherwise responsible for the funds of the Association furnish adequate fidelity insurance
against acts of dishonesty. The premiums on such insurance shall be paid by the
Association.
ARTICLE 7
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 7.1. Powers. The Board of Directors shall have power to:
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(a) adopt and publish rules governing the use of the Common Area,
Neighborhood Common Area and/or Community Facilities, and the personal conduct of
the Members and their guests thereon, and to establish penalties for the infraction thereof,
(b) suspend the voting rights and right to use of the Common Area,
Neighborhood Common Area and/or Community Facilities of a Member during any
period in which such Member shall be in default in the payment of any Assessment
levied by the Association. Such rights may also be suspended after notice and an
opportunity for a hearing for a period not to exceed sixty (60) days for infraction of
published rules;
(c) exercise for the Association all powers, duties and authority vested
in or delegated to this Association and not reserved to the membership by other
provisions of these Bylaws, the Articles of Incorporation, or the Declaration;
(d) declare the office of a member of the Board of Directors to be
vacant in the event such member shall be absent from three (3) consecutive regular
meetings of the Board of Directors; and
(e) employ a manager, an independent contractor, or such other
employees as they deem necessary, and to prescribe their duties.
Section 7.2. Duties. It shall be the duty of the Board of Directors to:
(a) cause to be kept a complete record of all its acts and corporate
affairs and to present a statement thereof to the Members at the annual meeting of the
Members, or at any special meeting when such statement is requested in writing by
Members who are entitled to cast not less than five percent (5%) of the votes of each
class of Members;
(b) supervise all officers, agents and employees of the Association,
and see that their duties are properly performed;
(c) as more fully provided in the Declaration, to:
(i) fix the amount of the Annual Assessments and
Neighborhood Assessments against each Lot at least thirty (30) days in advance of each
assessment period (the Board may determine, at its discretion, to round the Assessments
applicable to each Lot to the nearest half dollar or whole dollar amount);
(ii) send written notice of each Assessment to every Owner
subject thereto at least fourteen (14) days in advance of the commencement date of the
new Assessments; and
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(iii) foreclose the lien against any property for which
Assessments are not paid within sixty (60) days after the due date or to bring an action at
law against the Owner personally obligated to pay the same;
(d) issue, or cause an appropriate officer to issue, upon demand by any
person, a certificate setting forth whether or not any Assessment has been paid. A
reasonable charge may be made by the Board for the issuance of these certificates. If a
certificate states an Assessment has been paid, such certificate shall be conclusive
evidence of such payment;
(e) procure and maintain adequate liability and hazard insurance on
property owned by the Association;
(f) cause all officers or employees having fiscal responsibilities to be
insured, as it may deem appropriate;
(g) cause the Common Area, Neighborhood Common Area and/or
Community Facilities to be maintained and maintain any other property which is the
responsibility of the Association pursuant to the Declaration or the direction of any
governmental agency or agreement or which is appurtenant to or serves and benefits any
portion of the Property; and
(h) otherwise perform or cause to be performed the functions and
obligations of the Board of Directors and the Association as provided for in the
Declaration and the Articles of Incorporation and these Bylaws, including collection of
Assessments payable pursuant to any cross easement or other similar agreement. The
Association may periodically employ an insurance consultant if the Board of Directors
deems it necessary to do so in order to analyze the insurance requirements of the
Association.
Section 7.3. Mana-aement Ate. The Board of Directors may employ
for the Association a management agent or manager (the "Management Agent") at a rate
of compensation established by the Board of Directors to perform such duties and
services as the Board of Directors shall from time to time authorize in writing. Any
management agreement entered into by the Association shall provide, inter alia, that such
agreement may be terminated for cause by either party upon thirty (30) days written
notice thereof to the other party. The term of any such management agreement shall not
exceed one year; provided, however, that the term of any such management agreement
may be renewable by mutual agreement of the parties for successive one (I) -year periods.
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ARTICLE 8
EQUITY AND ADMINISTRATIVE RESOLUTIONS
Section 8.1. Equity Resolutions. The Board of Directors is authorized to
adopt Equity Resolutions in accordance with the Declaration. Equity Resolutions are
those actions of the Board of Directors which create additional covenants, conditions
and/or restrictions with respect to the Lots, the Common Area and/or the Neighborhood
Common Area including, without limitation, the following:
(a) additional covenants, conditions and/or restrictions regarding
prohibited uses and nuisances within the Lots, Common Area, Neighborhood Common
Area and/or Community Facilities;
(b) reservation of certain Common Area for the exclusive or primary
use of the Owners and residents within a specified Neighborhood;
(c) additional covenants, conditions and/or restrictions regarding
signage;
(d) non -disturbance, conservation and similar easements over all or
any portion of the Common Area and Neighborhood Common Area for the maintenance
and protection of scenic views, natural conditions and open spaces within the Common
Area and Neighborhood Common Area;
(e) adoption of Design Guidelines applicable within the Project;
(f) additional covenants, conditions and/or restrictions regarding
parking on any portion of the Common Area, Neighborhood Common Area, Community
Facilities and Lots; and
(g) repeal and/or modification of previously adopted Equity
Resolutions.
Section 8.2. Adoption of Equity Resolutions. All Equity Resolutions
proposed for adoption by the Board of Directors shall be published in the Association's
principle medium for informing Owners of the Associations' affairs, or in a notice sent
by mail to all Owners, no later than two (2) weeks prior to the meeting at which the
Board shall consider enactment. Equity Resolutions shall become effective if adopted by
a majority of a quorum of the Board of Directors at a meeting of the Board at which all
interested Owners shall be provided with a reasonable opportunity for comment and
discussion. If duly adopted by the Board of Directors, Equity Resolutions shall become
effective unless a special meeting of the Members of the Association is called and duly
held within ninety (90) days of the adoption of any such Equity Resolution by the Board,
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and at such special meeting the Equity Resolution is disapproved by a vote of Members
entitled to cast not less than sixty-seven percent (67%) of the votes of all Members
present, in person or by proxy, and voting at such meeting.
Section 8.3. Administrative Resolutions. Administrative Resolutions are
actions taken by the Board of Directors that prescribe rules, policies and/or procedures
for implementing provisions of the Declaration, these Bylaws or the Articles of
Incorporation of the Association including, but not limited to:
(a) establishment of specific requirements for insurance coverage
obtained and maintained by the Association;
(b) policies regarding the duration of management agreements;
(c) procedures for collection of Assessments;
(d) adoption of Application Procedures associated with applications
for Improvements submitted to the Architectural Review Entity for review in accordance
with the Declaration;
(e) further establishing the specific powers and responsibilities of the
Architectural Review Committee (if established) in accordance with Article 15 of the
Declaration;
(f) further establishing the specific powers and responsibilities of the
Town Architect, if any, in connection with review of applications for Improvements in
accordance with Article 15 of the Declaration;
(g) further establishing the specific powers and responsibilities of the
Covenant Committee in accordance with Article 16 of the Declaration;
(h) establishing Neighborhoods, further defining the authority of
Neighborhood Committees and establishing further rules and procedures for the exercise of
such authority by Neighborhood Committees;
(i) policies related to use and control of the Common Area,
Neighborhood Common Area and/or Community Facilities;
0) rules and procedures regarding the involuntary removal of
improperly parked vehicles;
(k) procedures for processing alleged violations of the Governing
Documents, and the establishment of fines for violations of any provision of the
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Governing Documents regarding the use of the Lots, Common Area, Neighborhood
Common Area and/or Community Facilities; and
(1) repeal and/or modification of previously adopted Administrative
Resolutions.
Section 8.4. Adoption of Administrative Resolutions. Except in the
event of an emergency, as determined by the Board in its sole discretion, proposed
Administrative Resolutions shall be published in the Association's principle medium for
informing Owners of the Associations' affairs, posted at conspicuous points within the
Property or otherwise distributed to Owners in a reasonable manner at least two (2)
weeks prior to the meeting at which the Board of Directors shall consider enactment.
Administrative Resolutions shall become effective if adopted by a majority of a quorum
of the Board of Directors at a meeting of the Board at which all interested Owners shall
be provided with a reasonable opportunity for comment and discussion.
Section 8.5. Other Board Action; Action by Committees. This Article
shall not be construed to limit the powers of the Board of Directors, and the Board of
Directors shall have full power and authority to take any action as may be authorized
under the Declaration, the Articles of Incorporation and these Bylaws or applicable law,
regardless of whether such action may otherwise constitute an Equity Resolution or
Administrative Resolution. In the event that the Architectural Review Entity, Covenant
Committee, or other Association committee shall have the authority to take any action
which constitutes an Equity Resolution or Administrative Resolution, whether pursuant
to the Declaration or an express delegation of authority by the Board of Directors, such
Architectural Review Entity, Covenant Committee, or other Association committee, as
applicable, shall first adopt such Equity Resolution or Administrative Resolution, by
majority vote of a quorum of its members (unless a different vote is required by an
express provision of the Governing Documents), and shall submit such Equity Resolution
or Administrative Resolution to the Board of Directors for adoption in accordance with
the provisions of this Article.
Section 8.6. Adoption by Declarant. Any provision of the Declaration,
the Articles of Incorporation or these Bylaws to the contrary notwithstanding, for the
duration of the Declarant's Rights and Obligations Period, the Declarant shall have full
power and authority to adopt and amend all such Equity Resolutions and Administrative
Resolutions as the Declarant may deem necessary or appropriate, in its sole discretion,
without the consent or approval of any other individual or entity, including, without
limitation, the Association and its Members. Equity Resolutions and Administrative
Resolutions adopted and/or amended by the Declarant in accordance with this Section
shall be shall be published in the Association's principle medium for informing Owners
of the Associations' affairs, posted at conspicuous points within the Property or otherwise
distributed to Owners in a reasonable manner following adoption by the Declarant.
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ARTICLE 9
OFFICERS AND THEIR DUTIES
Section 9.1. Enumeration of Officers. The officers of this Association
shall be a President and Vice President, who shall at all times be members of the Board of
Directors, a Secretary, and a Treasurer, and such other officers as the Board may from
time to time by resolution create, all of which officers are to be elected by the Board of
Directors.
Section 9.2. Election of Officers. The election of officers shall take
place at the first meeting of the Board of Directors following each annual meeting of the
Members; provided that the initial Board of Directors shall elect the first group of officers
at its first organizational meeting.
Section 9.3. Term. The officers of this Association shall be elected
annually by the Board and each shall hold office for one (1) year or until his or her
successor is duly elected and qualified, unless he shall sooner resign, or shall be removed,
or otherwise disqualified to serve.
Section 9.4. Special Appointments. The Board may elect such other
officers as the affairs of the Association may require, each of whom shall hold office for
such period, have such authority, and perform such duties as the Board may, from time to
time, determine.
Section 9.5. Resignation and Removal. Any officer may be removed
from office with or without cause by the Board. Any officer may resign at any time by
giving written notice to the Board, the President or the Secretary. Such resignation shall
take effect on the date of receipt of such notice or at any later time specified therein, and
unless otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective.
Section 9.6. Vacancies. A vacancy in any office may be filled by
appointment by the Board. The officer appointed to such vacancy shall serve for the
remainder of the term of the officer he or she replaces.
Section 9.7. Multiple Offices. The offices of Secretary and Assistant
Secretary, Treasurer and Vice President may be held by the same person, but in no event
shall the same officer execute, acknowledge or verify any instrument in more than one
capacity, if such instrument is required by law, the Declaration, the Articles of
Incorporation or these Bylaws to be executed, acknowledged or verified by two (2) or
more officers. No person shall simultaneously hold more than one (1) of any of the other
offices except in the case of special offices created pursuant to Article 9, Section 9.4 of
these Bylaws and except as otherwise provided in this Section 9.7.
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Section 9.8. Duties. The duties of the officers are as follows (any of
which may be assigned, in whole or in part, by the Board of Directors to the Management
Agent in accordance with Article 7, Section 7.3 of these Bylaws):
PRESIDENT
(a) The President shall preside at all meetings of the Board of
Directors; shall see that orders and resolutions of the Board are carried out; shall sign all
leases, mortgages, deeds and other written instruments and shall co-sign all checks and
promissory notes.
VICE PRESIDENT
(b) The Vice President shall act in the place and stead of the President
in the event of his or her absence, inability or refusal to act, and shall exercise and
discharge such other duties as may be required by him or her of the Board.
SECRETARY
(c) The Secretary shall record the votes and keep the minutes of all
meetings and proceedings of the Board and of the Members; keep the corporate seal of
the Association and affix it on all papers requiring said seal; serve notice of meetings of
the Association; and shall perform such other duties as required by the Board.
IItlN�/_�.Y�l.��1.7
(d) The Treasurer shall receive and deposit in appropriate bank
accounts all moneys of the Association and shall disburse such funds as directed by
resolution of the Board of Directors; shall sign all checks and promissory notes of the
Association; keep proper books of account, cause an annual audit of the Association
books to be made by a public accountant at the completion of each fiscal year; and shall
prepare an annual budget and a statement of income and expenditures to be represented to
the membership at its regular annual meeting, and deliver a copy of each to the Members.
Section 9.9. Compensation. No officer shall receive compensation for
any service he or she may render to the Association. However, any officer may be
reimbursed for his or her actual expenses incurred in the performance of his or her duties.
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ARTICLE 10
LIABILITY AND INDEMNIFICATION OF OFFICERS AND DIRECTO
The Association shall indemnify every Officer and Director of the Association
against any and all expenses, including attorneys fees, reasonably incurred by or imposed
upon an Officer or Director in connection with any action, suit or other proceeding
(including the settlement of any such suit or proceeding if approved by the then Board of
Directors of the Association) to which he or she may be made a party by reason of being
or having been an Officer or Director of the Association, whether or not such person is an
Officer or Director at the time such expenses are incurred. The Officers and Directors of
the Association shall not be liable to the Members of the Association for any mistake of
judgment, negligence, or otherwise, except for their own individual willful misconduct or
bad faith. The Officers and Directors of the Association shall have no personal liability
with respect to any contract or other commitment made by them, in good faith, on behalf
of the Association and the Association shall indemnify and forever hold each such
Officer and Director free and harmless against any and all liability to others on account of
any such contract or commitment. Any right to indemnification provided for herein shall
not be exclusive of any other rights to which any Officer or Director of the Association or
former officer or Director of the Association may be entitled.
ARTICLE 11
COMMITTEES
The Board of Directors may appoint an Architectural Review Committee, a
Covenant Committee and one or more Neighborhood Committees, as provided in the
Declaration, and a Nominating Committee, as provided in these Bylaws. In addition, the
Board of Directors may appoint other committees as deemed appropriate in carrying out
its purposes. All committees appointed by the Board of Directors shall hold meetings in
accordance with Article 3, Section 3.9, and Article 6, Section 6.1 of these Bylaws.
ARTICLE 12
INSURANCE
Section 12.1. Insurance. In addition to the insurance coverage required
to be maintained by the Declaration, the Board of Directors of the Association may
obtain and maintain, to the extent reasonably available, the following:
(a) workmen's compensation insurance for employees of the
Association to the extent necessary to comply with any applicable law;
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(b) a "Legal Expense Indemnity Endorsement", or its equivalent,
affording protection for the Officers and Directors of the Association for expenses and
fees incurred by any of them in defending any suit or settling any claim, judgment or
cause of action to which any such Officer or Director shall have been made a party by
reason of his or her services as such; and
(c) such other policies of insurance, including Director and Officer
liability insurance and insurance for other risks of a similar or dissimilar nature and
fidelity insurance as required by these Bylaws, as are or shall hereafter be considered
appropriate by the Board of Directors.
Section 12.2. Limitations. Any insurance obtained pursuant to the
requirements of this Article shall be subject to the following provisions:
(a) All policies shall be written or reinsured with a company or
companies licensed to do business in the State of Virginia and holding a rating of "B/III"
or better (or its equivalent) in the current edition of Best's Insurance Guide.
(b) Exclusive authority to negotiate losses under said policies shall be
vested in the Board of Directors of the Association, or its authorized representative.
(c) In no event shall the insurance coverage obtained and maintained
pursuant to the requirements of this Article be brought into contribution with insurance
purchased by the owners of the Lots or their mortgagees, as herein permitted, and any
"no other insurance" or similar clause in any policy obtained by the Association pursuant
to the requirements of this Article shall exclude such policies from consideration.
(d) All policies shall provide that such policies may not be canceled or
substantially modified (including cancellation for non-payment of premium) without at
least thirty (30) days prior written notice to any and all insureds named thereon, including
any mortgagee of any Lot who requests such notice in writing.
(e) All policies shall contain a waiver of subrogation by the insurer as
to any and all claims against the Association, the Board of Directors, the Members of the
Association and their respective agents, employees or tenants, and of any defenses based
upon co-insurance or invalidity arising from the acts of the insured.
ARTICLE 13
BOOKS AND RECORDS/FISCAL MANAGEMENT
Section 13.1. Fiscal Year. The fiscal year of the Association shall begin
on the first day of January every year, except for the first fiscal year of the Association
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which shall begin on the date of recordation of the Declaration. The commencement date
of the fiscal year herein established shall be subject to change by the Board of Directors
should the practice of the Association subsequently dictate.
Section 13.2. Principal Office - Change of Same. The principal office of
the Association shall be as set forth in Article 2 of the Articles of Incorporation of the
Association. The Board of Directors, by appropriate resolution, shall have the authority
to change the location of the principal office of the Association from time to time.
Section 13.3. Books and Accounts. Books and accounts of the
Association shall be kept under the direction of the Treasurer in accordance with
generally accepted accounting practices, consistently applied. The same shall include
books with detailed accounts, in chronological order, of receipts and of the expenditures
and other transactions of the Association and its administration and shall specify the
maintenance and repair expenses of the Common Area and Community Facilities,
services required or provided with respect to the same and any other expenses incurred by
the Association.
Section 13.4. Auditing. At the close of each fiscal year and at the
election of the Board of Directors, the books and records of the Association may be
audited by an independent Public Accountant whose report shall be prepared in
accordance with generally accepted auditing standards, consistently applied. Based upon
such report, if prepared, the Association shall furnish the Members and any mortgagee
requesting the same with an annual financial statement, including the income and
disbursements of the Association, within one hundred twenty (120) days following the
end of each fiscal year.
Section 13.5. Inspection of Books. The books and accounts of the
Association, vouchers accrediting the entries made thereupon and all other records
maintained by the Association shall be available for examination by the Members and
their duly authorized agents or attorneys, and to the institutional holder of any first
mortgage on any Lot and its duly authorized agents or attorneys, during normal business
hours and for purposes reasonably related to their respective interests and after reasonable
notice. The Declaration, the Articles of Incorporation and these Bylaws of the
Association shall be available for inspection by any Member at the principal office of the
Association, where copies may be purchased at reasonable cost.
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ARTICLE 14
ASSESSMENTS
As more fully provided in the Declaration, each Member is obligated to pay
Assessments, which are secured by a continuing lien upon the property against which the
Assessment is made. Any Assessments which are not paid when due shall be delinquent.
If the Assessment is not paid within ten (10) days after the due date, the Assessment may
bear interest from the date of delinquency at the rate established by the Board of
Directors, up to the maximum rate permitted by law, and the Association may bring an
action at law against the Owner personally obligated to pay the same or foreclose the lien
against the property, and interest, late charges, costs, and reasonable attorneys fees of any
such action shall be added to the amount of such Assessment. No Owner may waive or
otherwise escape liability for the Assessments provided for herein by non-use of the
Common Area or Neighborhood Common Area or abandonment of his or her Lot.
ARTICLE 15
CORPORATE SEAL
The Association shall have a seal in circular form having within its circumference
the words: FIELDSTONE TOWNHOME ASSOCIATION, INC., a Virginia nonstock
corporation.
ARTICLE 16
AMENDMENTS
These Bylaws may be amended by the affirmative vote of Members representing
more than fifty percent (50%) of the votes of all Members present, in person or by proxy,
and voting at any meeting of the Association, except that if any Lot subject to these
Bylaws is then encumbered by a mortgage or deed of trust insured by FHA, then FHA
shall have the right to veto amendments while there is Class C membership.
ARTICLE 17
INTERPRETATION/MISCELLANEOUS
Section 17.1. Con ict. These Bylaws are subordinate and subject to all
provisions of the Declaration and to the provisions of the Articles of Incorporation of the
Association. All of the terms hereof, except where clearly repugnant to the context, shall
have the same meaning as they are defined to have in the Declaration. In the event of any
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conflict between these Bylaws and the Declaration, the provisions of the Declaration
shall control, and in the event of any conflict between these Bylaws and the Articles of
Incorporation of the Association, the provisions of the Articles of Incorporation shall
control.
Section 17.2. Notices. Unless another type of notice is herein elsewhere
specifically provided for, any and all notices called for in these Bylaws shall be given in
writing.
Section 17.3. Severability. In the event any provision or provisions of
these Bylaws shall be determined to be invalid, void or unenforceable, such
determination shall not render invalid, void or unenforceable any other provisions hereof
which can be given effect.
Section 17.4. Waiver. No restriction, condition, obligation or provisions
of these Bylaws shall be deemed to have been abrogated or waived by reason of any
failure or failures to enforce the same.
Section 17.5. Captions. The captions contained in these Bylaws are for
convenience only and are not a part of these Bylaws and are not intended in any way to
limit or enlarge the terms and provisions of these Bylaws or to aid in the construction
thereof.
Section 17.6. Gender, etc. Whenever in these Bylaws the context so
requires, the singular number shall include the plural and the converse, and the use of any
gender shall be deemed to include all genders.
IN WITNESS WHEREOF, we, being all of the Directors of FIELDSTONE
TOWNHOME ASSOCIATION, INC., have hereunto set our hands this day of
, 2006.
WITNESS:
Director
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Director
Director
CERTIFICATION
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting Secretary of FIELDSTONE
TOWNHOME ASSOCIATION, INC., a Virginia nonstock corporation, and,
THAT the foregoing Bylaws constitute the original Bylaws of said Association, as
duly adopted at a meeting of the Board of Directors hereof, held on the day of
, 2006.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
seal of said Association this day of , 2006.
Secretary
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FIELDSTONE TOWNHOME ASSOCIATION, INC.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION, is made on the date hereinafter set forth by ARCADIA—
FIELDSTONE, L.L.C., a Virginia limited liability company, its successors and/or assigns,
hereinafter referred to as the "Declarant," and FIELDSTONE TOWNHOME
ASSOCIATION, INC., a Virginia nonstock corporation, its successors and/or assigns,
hereinafter referred to as the "Association."
WITNESSETH:
WHEREAS, the Declarant and the Association are the owners of certain real property
in the County of Frederick, Commonwealth of Virginia, which is more particularly described
on the legal description attached hereto and made a part hereof as Schedule A-1.
NOW, THEREFORE, the Declarant and the Association hereby declare that all of the
real property described on Schedule A-1 hereto shall be subject to the Declarant's right to
unilaterally subject such real property to the covenants, conditions, restrictions and easements
set forth in this Declaration and to annex such real property within the jurisdiction of the
Association pursuant to Article 10 hereof. The Declarant hereby further declares that, upon
recordation of one or more Supplementary Declarations in accordance with Article 10 hereof,
all or any portion of the real property described on Schedule A-1 hereto, and any other real
property annexed within the jurisdiction of the Association in accordance with Article 10
hereof, shall thereafter be held, conveyed, hypothecated, encumbered, sold, leased, rented,
used, occupied and improved subject to the covenants, conditions, restrictions and easements
set forth below, which are for the purpose of protecting the value and desirability of, and
which shall run with such real property and be binding on all parties having any right, title or
interest in all or any portion of the real property described on Schedule A-1 hereto, and any
other real property annexed within the jurisdiction of the Association in accordance with
Article 10 hereof, their heirs, personal representatives, successors, transferees and assigns,
and which shall inure to the benefit of each Owner thereof.
ARTICLE 1
DEFINITIONS
Section 1.1. "Act" shall mean the 1950 Code of Virginia, as it may be
amended from time to time.
Section 1.2. "Allocated Interests" shall mean the undivided interest in the
Common Elements, the Common Expense liability, and votes in the Association, allocated to
Units in the Common Interest Community. The Allocated Interests are described in Article 9
of this Declaration and shown on Schedule A-7.
Section 1.3. "Administrative Resolutions" are rules, policies and/or
procedures, adopted by the Declarant and/or the Board of Directors, for purposes of
implementing provisions of this Declaration, the Bylaws and the Articles of Incorporation of
the Association, as more fully described in Article 8 of the Bylaws.
Section 1.4. "Annual Assessments " shall mean and refer to the
assessments levied against all Lots within the Property to fund the Common Expenses, not
including Special Assessments.
Section 1.5. "Application Procedures" shall have the meaning specified in
Section 15.9 of this Declaration.
Section 1.6. "Architectural Review Committee " shall have the meaning
specified in Section 15.3(b) of this Declaration.
Section 1.7. "Architectural Review Entity" shall have the meaning
specified in Section 15.3 of this Declaration.
Section 1.8. "Assessments" shall mean and refer collectively to any
Annual Assessment or Special Assessment, and all other fees and charges, including all
installments thereof, as may be levied by the Association in accordance with this Declaration.
Section 1.9. "Association " shall mean and refer to FIELDSTONE
TOWNHOME ASSOCIATION, INC., a nonstock corporation organized under the statutory
laws of the Commonwealth of Virginia, its successors and/or assigns.
Section 1.10. "Common Interest Community" shall mean the real property
described in Schedule A-1, subject to the Declaration of Covenants, Conditions and
Restrictions of Fieldstone Townhome Association, Inc.
Section L I L "Common Area" shall mean and refer to all portions of the
Property and all interests therein, including easements and improvements thereon, owned or
leased by the Association for the use and enjoyment of the Members.
Section 1.12. "Common Expenses" shall mean and refer to the actual and
estimated expenses of operating the Association, including, without limitation, a reasonable
reserve and expenses for the maintenance of the Common Area in accordance with Article 13
of this Declaration, all as may be found to be necessary or appropriate by the Board of
Directors pursuant to this Declaration, the Bylaws and the Articles of Incorporation of the
Association.
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Section 1.13. "Community Facilities" shall mean and refer to any and all
improvements and facilities located upon the Common Area including, without limitation,
recreational facilities (if any), which are operated and maintained by the Association for the
use and enjoyment of the Owners.
Section 1.14. "Community -Wide Standard" shall mean the standard of
conduct, maintenance or other activity generally prevailing in the Project. Such standard
may be more specifically determined and set forth by the Board of Directors.
Section 1.15. "Declarant" shall mean and refer to ARCADIA—
FIELDSTONE, L.L.C., a Virginia limited liability company, and its successors and/or
assigns, if such successors or assigns should acquire more than one undeveloped Lot from the
Declarant for the purpose of development, but only to the extent that all or any portion of the
rights, reservations, easements, interests, exemptions, privileges and/or powers of the
Declarant are specifically assigned or transferred to any such successors or assigns by an
instrument in writing.
Section 1.16. "Declarant's Rights and Obligations" shall mean and refer to
the rights, reservations, easements, interests, exemptions, privileges, powers and/or duties
reserved or given to the Declarant pursuant to this Declaration. The Declarant's Rights and
Obligations shall extend until the first to occur of (i) the initial conveyance of all Lots included
and to be included within the jurisdiction of the Association in accordance with Article 3 of this
Declaration to Owners other than the Declarant or any Participating Builders, or (ii) twenty (20)
years after the recordation of this Declaration. The Declarant may, however, elect to earlier
terminate all or any portion of the Declarant's Rights and Obligations by the recordation of a
written instrument among the Land Records expressing the Declarant's express intention to
relinquish all or any portion of the Declarant's Rights and Obligations. The term during
which the Declarant's Rights and Obligations are in effect is sometimes referred to in this
Declaration as the "Declarant's Rights and Obligations Period."
Section 1.17. "Design Guidelines " shall have the meaning specified in
Section 15.9 of this Declaration.
Section 1.18. "Development Plan " shall mean and refer collectively to
[insert description of Record Plat], including all amendments, modifications, extensions,
additions (including additional sections) and supplements thereof as may be made from time
to time.
Section 1.19. "Eligible Mortgage Holder" shall mean a holder, insurer or
guarantor of a First Mortgage on a Lot who has submitted a written request for notice from
the Association of amendments to the Association documents or other significant matters
which would affect the interests of the mortgagee.
Section 1.20. "Equity Resolution" shall mean and refer to those actions of
the Declarant and/or the Board of Directors which create additional covenants, conditions
and/or restrictions with respect to the Lots and the Common Area as more fully described in
Article 8 of the Bylaws.
Section 1.21. "Governing Documents" shall mean and refer collectively to
this Declaration, the Bylaws and the Articles of Incorporation of the Association, and all
Administrative Resolutions, Equity Resolutions and other rules and regulations adopted by the
Association, as the same may be amended from time to time.
Section 1.22. "Improvements" shall have the meaning specified in Section
15.1 of this Declaration.
Section 1.23. "Land Records " shall mean and refer to the Land Records of
Frederick County, Virginia.
Section 1.24. "Lawn and Garden Area " shall mean and refer to any portion
of the front, side or rear (if applicable) yard areas of any Lot that contains grass, shrubs,
bushes, trees or other planted material; provided, however, that any portion of a Lot which is
enclosed by a wall, fence or other obstruction and which is not readily accessible to the
Association, as determined by the Board of Directors in its sole discretion, shall not be
considered a Lawn and Garden Area.
Section 1.25. "Live -Work Unit" shall mean and refer to any portion of the
Property, whether improved or unimproved, which contains or is intended to contain a structure
designed for use and occupancy both as a residential dwelling unit and as a place of business by
one or more members of a single household.
Section 1.26. "Living Unit" shall mean and refer to any portion of the
Property, whether improved or unimproved, which contains or is intended to contain a dwelling
designed for use and occupancy by a single household; provided however, that an accessory
structure within a single Lot containing living quarters in addition to the primary dwelling, the
ownership of which is held by the same person, shall not be deemed to be a separate Living
Unit.
Section 1.27. "Lot" shall mean and refer to any plot of land designated as a
separate subdivided lot of record upon any recorded subdivision plat of the Property upon
which the planned or actual improvements are primarily intended for use and occupancy as a
residential dwelling unit. The term Lot shall not include Common Area or outlots of property
dedicated for public use.
Section 1.28. "Member" shall mean and refer to every person, group of
persons, corporation, partnership, trust, or other legal entity, or any combination thereof, who
holds any class of membership in the Association.
Section 1.29. "Mortgagee" shall mean the holder of any recorded
mortgage, or the party secured or beneficiary of any recorded deed of trust, encumbering one
4
or more of the Lots. "Mortgage", as used herein, shall include deeds of trust. "First
Mortgage", as used herein, shall mean a mortgage with priority over all other mortgages. As
used in this Declaration, the term "mortgagee" shall mean any mortgagee and shall not be
limited to institutional mortgagees. As used in this Declaration, the term "institutional
mortgagee" or "institutional holder" shall include banks, trust companies, insurance
companies, mortgage insurance companies, savings and loan associations, trusts, mutual
savings banks, credit unions, pension funds, mortgage companies, Federal National Mortgage
Association ("FNMA"), Government National Mortgage Association ("GNMA"), Federal
Home Loan Mortgage Corporation ("FHLMC"), all corporations and any agency or
department of the United States Government or of any state or municipal government, or any
other organization or entity which has a security interest in any Lot. In the event any
mortgage is insured by the Federal Housing Administration ("FHA") or guaranteed by the
Department of Veterans Affairs ("VA"), then as to such mortgage the expressions
"mortgagee" and "institutional mortgagee" include the FHA or the VA as the circumstances
may require, acting, respectively, through the Federal Housing Commission and the Secretary
of Veterans Affairs or through other duly authorized agents.
Section 1.30. "Owner" shall mean and refer to the record owner, whether
one or more persons or entities, of a fee simple title to any Lot which is a part of the Property,
including contract sellers, but excluding those having such interest merely as security for the
performance of an obligation.
Section 1.31. "Participating Builder" shall mean and refer to any person or
entity, other than the Declarant or the Declarant's affiliates, that acquires one or more Lots
for the purpose of constructing residential dwelling units on such Lots for sale or lease to
others.
Section 1.32. "Project" as used in this Declaration shall refer to the
Property.
Section 1.33. "Property" shall mean and refer to all real property as may
hereafter be brought within the jurisdiction of the Association pursuant to Article 10 of this
Declaration.
Section 1.34. "Special Assessment" shall mean and refer to any assessment
levied by the Association in accordance with Section 13.4 of this Declaration.
Section 1.35. "Town Architect" shall have the meaning specified in Section
15.12 of this Declaration.
Section 1.36. "Townhouse Lot" shall mean and refer to any Lot upon which
there is constructed, or is intended to be constructed, a single-family attached or semi -
attached townhouse dwelling unit.
ARTICLE 2
NAME AND TYPE OF COMMON INTEREST COMMUNITY AND ASSOCIATION
Section 2.1. Common Interest Community. The name of the Common
Interest Community is Fieldstone Townhome Association, Inc., which is a planned
community.
Section 2.2. Association. The name of the Association is Fieldstone
Townhome Association, Inc.
ARTICLE 3
DESCRIPTION OF LAND
The entire Common Interest Community is situated in Frederick County, Virginia. A
description of the real estate included in Fieldstone is contained in Schedule A-1.
ARTICLE 4
MAXIMUM NUMBER OF UNITS; BOUNDARIES
Section 4.1. Maximum Number of Units. The Common Interest Community
upon creation contains two hundred twenty-five (225) Units. As each phase is added it
contains the number of Units shown in the most current Schedule A-2, as may be revised
from time to time.
Section 4.2. Boundaries. Boundaries of each Unit created by the Declaration
are shown on Schedule A-2 as numbered lots. The identifying number of each unit is shown
on Schedule A-2.
ARTICLE 5
COMMON ELEMENTS AND LIMITED COMMON ELEMENTS
Section 5.1. The portions of Common Elements on Schedule A-3 are Limited
Common Elements and are assigned to the Units as stated therein.
Section 5.2. The real estate which is or must become Common Elements is
described in Schedule A-4.
ARTICLE 6
MAINTENANCE, REPAIR AND REPLACEMENT
Section 6.1. Common Elements. The Association shall maintain, repair and
replace all of the portions of the Common Elements which are required by this Declaration or
the Act to be maintained, repaired or replaced by the Unit Owners.
0
Section 6.2. Units. Each Unit Owner shall maintain, repair and replace, at his
or her own expense, all portions of his or her Unit, except the portions thereof required by the
Declarant to be maintained, repaired or replaced by the Association.
Section 6.3. Limited Common Elements. Any common expense associated
with the maintenance, repair, or replacement of the Limited Common Elements will be
assessed against the Unit or Units to which the Limited Common Element is assigned, as
shown on Schedule A-3. If any such Limited Common Element is assigned to more than one
Unit, the Common Expenses attributable to the Limited Common Element will be assessed
equally among the Units to which it is assigned.
Section 6.4. Access. Any person authorized by the Board of Directors shall
have the right of access to all portions of the Property for the purpose of correcting any
condition threatening a Unit or the Common Elements, and for the purpose of performing
installations, alterations or repairs, and for the purpose of reading, repairing, replacing utility
meters and related pipes, valves, meters, wires and equipment, provided that requests for
entry are made in advance and that any such entry is at a time reasonably convenient to the
affected Unit Owner. In case of an emergency, no such request or notice is required and such
right of entry shall be immediate, and with such force as is apparently necessary to gain
entrance, whether or not the Unit Owner is present at the time.
Section 6.5. Repairs Resulting from Negligence. Each Unit Owner will
reimburse the Association for any damages to the Common Elements caused intentionally,
negligently, or by his or her failure to properly maintain, repair, or make replacements to his
or her Unit. The Association will be responsible for damage to Units caused intentionally,
negligently, or by its failure to maintain, repair, or make replacements to the Common
Elements. If such expense is caused by misconduct, it will be assessed following notice and
hearing. In cases where the Association has gained entrance to a Unit in response to an
emergency, the Association shall be responsible only for securing the premises following the
emergency, and shall not be responsible to the Unit Owner for any damages caused to the
Unit in gaining entrance to the Unit or in otherwise responding to the emergency. The Unit
Owner shall be responsible for making all repairs to the Unit which results from the
emergency and shall hold the Association harmless from any damages resulting therefrom.
ARTICLE 7
SUBSEQUENTLY ALLOCATED LIMITED COMMON ELEMENTS
Those portions of the Common Elements shown on Schedule A-5 may be
subsequently allocated as Limited Common Elements in accordance with Section 8.1(b) of
this Declaration, or may be assigned by rule of the Board of Directors, or may be limited by
rule to visitors only.
7
ARTICLE 8
DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS
Section 8.1. Reservation of Development Rights. The Declarant reserves the
following Development Rights:
(a) The right by amendment to add real estate to the Common Interest
Community. The real estate to which this Development right applies is set forth in Schedule
A-6.
(b) The right by amendment to create Units, Common Elements, or Limited
Common Elements, within the Common Interest Community.
(c) The right by amendment to subdivide and combine Units or convert Units
into Common Elements.
(d) The right by amendment to withdraw real estate from the Common
Interest Community.
(e) The real estate to which the Development Rights specified in paragraphs
(a), (b) and (c) above is set forth in Schedule A-1. The real estate to which the Development
Rights specified in Paragraph (d) apply is shown on Schedule A-8.
Section 8.2. Limitations on Development Rights. The Development Rights
reserved in Section 8.1 must be exercised within twenty-five (25) years after the recording of
the initial Declaration.
Section 8.3. Phasing of Development Rights. Any of the Development
Rights set forth in Section 8.1 above may be exercised with respect to different parcels of real
estate within the Common Interest Community at different times. However, no assurances
are made by the Declarant as to the portions where the Declarant will exercise its
Development Rights or the order in which such portions, or all of the real estate, will be
developed. The exercise of Development Rights as to some portions will not obligate the
Declarant to exercise them as to other portions of the real estate within the Common Interest
Community.
Section 8.4 Special Declarant Rights. The Declarant reserves the following
Special Declarant Rights, to the maximum extent permitted by law, which may be exercised,
where applicable, anywhere within the Common Interest Community:
Declaration;
(a) To complete Improvements indicated on Plats and Plans filed with the
(b) To exercise a Development Right reserved in the Declaration;
8
(c) To maintain sales offices, management offices, signs advertising the
Common Interest Community, and models;
(d) To use easements through the Common Elements for the purpose of
making Improvements within the Common Interest Community or within real estate which
may be added to the Common Interest Community;
(e) To appoint or remove an officer of the Association or a Board of
Directors member during a period of Declarant control subject to the provisions of Section
8.1 of this Declaration; and
(f) The real estate to which the special Declarant rights specified in Sections
(a) through (e) above apply is shown on Schedule A-l.
Section 8.5. Models, including model homes and homesites, Sales Offices and
Management Offices. As long as the Declarant is a Unit Owner, the Declarant and its duly
authorized agent, representatives and employees may maintain any Unit owned by the
Declarant or any portion of the common Elements as a model Unit or sales office or
management office.
Section 8.6. Declarant's Easement. Subject to the provisions of this
Declaration, a Declarant has an easement through the Common Elements as may be
reasonably necessary for the purpose of discharging the Declarant's obligations or exercising
Special Declarant Rights.
Section 8.7. Unit Owners' Easement. Unit Owners have an easement in the
Common Elements for purpose of access to their Units and to use the Common Elements and
all real estate that must become Common elements for all other purposes.
Section 8.8. Signs and Marketing. The Declarant reserves the right to post
signs and displays in the Common Elements to promote sales of Units, and to conduct
general sales, administrative and maintenance activities in a manner as will not unreasonably
disturb the rights of Unit Owners.
Section 8.9. Declarant's Personal Property. The Declarant reserves the right
to retain all personal property and equipment used in the sales, management, construction and
maintenance of the premises that has not been represented as property of the Association.
The Declarant reserves the right to remove from the property any and all goods and
improvements used in development, marketing and construction, whether or not they have
become fixtures.
6
Section 8.10. Declarant Control of the Association.
(a) Subject to Subsection 8.10(b), there shall be a period of Declarant control of
the Association, during which the Declarant, or person designated by the Declarant, may
appoint and remove the officers and members of the Board of Directors. The period of
Declarant control terminates no later than the earlier of :
(i) sixty (60) days after conveyance of seventy-five percent (75%) of the
Units that may be created to Unit Owners other than a Declarant;
(ii) two (2) years after all Declarants have ceased to offer Units for sale in the
ordinary course of business; or
(iii) two (2) years after any right to add new Units was last exercised.
The Declarant may voluntarily surrender the right to appoint and remove
officers and members of the Board of Directors before termination of that period, but in that
event the Declarant may require, for the duration of the period of Declarant control, that
specified actions of the Association Board of Directors, as described in a recorded instrument
executed by the Declarant, be approved by the Declarant before they become effective.
(b) Not later than sixty (60) days after conveyance of twenty-five percent (25%)
of the Units that may be created to Unit owners other than a Declarant, at least one (1)
member and not less than twenty-five percent (25%) of the members of the Board of
Directors shall be elected by Unit Owners. Not later than sixty (60) days after conveyance of
fifty percent (50%) of the Units that may be created to Unit Owners other than a Declarant,
not less than one-third (1/3) of the members of the Board of Directors must be elected by
Unit Owners.
(c) Not later than the termination of any period of Declarant control, the Unit
Owners shall elect a Board of Directors of at least three (3) members, at least a majority of
whom shall be Unit Owners. The Board of Directors shall elect the officers. The Board
members and officers shall take office upon election.
(d) Notwithstanding any provision of this Declaration or the Bylaws to the
contrary, following notice under Section 55-510.1 of the Act, the Unit Owners, by a two-
thirds (2/3) vote of all persons present and entitled to vote at a meting of the Unit Owners at
which a quorum is present, may remove a member of the Board of Directors with or without
cause, other than a member appointed by the Declarant.
Section 8.11. Limitations on Special Declarant Rights. Unless sooner
terminated by an amendment to this Declaration executed by the Declarant, any Special
Declarant Right may be exercised by the Declarant until the earlier of the following: so long
as the Declarant (i) is obligated under any warranty or obligation; (ii) holds a Development
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right to create additional Units or Common Elements; (iii) owns any Unit; (iv) owns any
Security Interest in any Units; or (v) for fifteen (15) years after recording this Declaration,
whichever is earliest. Earlier termination of certain rights may occur by statute.
Section 8.12. Interference with Special Declarant Rights. Neither the
Association nor any Unit Owner may take any action or adopt any rule that will interfere with
or diminish any Special Declarant Right without the prior written consent of the Declarant.
ARTICLE 9
ALLOCATED INTERESTS
Section 9.1. Allocation of Interests. The table showing Unit numbers and
their Allocated Interests is attached as Schedule A-7. These interests have been allocated in
accordance with the formulas set out in this Article 9. These formulas are to be used in
reallocating interests if Units are added to the Common Interest Community.
Section 9.2. Formulas for the Allocation of Interests. The Interests
allocated to each Unit have been calculated on the following formulas:
(a) Liability for the Common Expenses. A percentage of liability for
Common Expenses allocated to each Unit is based on the number of Units listed on the most
Current Schedule A-2. Nothing contained in this subsection shall prohibit certain Common
Expenses from being apportioned to particular Units under Article 6 of this Declaration. The
total amount of Common Expenses shall be divided by the number of Units listed in the
most current Schedule A-2 to arrive at a proportional share of Common Expenses to be
allocated to each Unit. Each Unit shall be allocated one (1) share of Common Expenses so
calculated. As Units are added to the Common Interest Community, the allocation of
expenses shall be adjusted to reflect the total number of Units shown on the current Schedule
A-2.
(b) Votes. Each Unit in the Common Interest community shall have one
(1) equal vote. Any specified percentage, portion or fraction of Unit Owners, unless
otherwise stated in the documents, means the specified percentage, portion, or fraction of all
the votes as allocated according to the number of Units listed in the most current Schedule A-
2. As Units are added to the Common Interest Community, each Unit shall continue to have
one (1) equal vote.
Section 9.3. Assignment of Allocated Interests Upon Creation of Units
Pursuant to Exercise of Development Rights. The effective date for assigning Allocated
Interests to Units created pursuant to Article 9 of this Declaration shall be the date on which
the amendment creating the Units is recorded in the Land Records of Frederick County,
Virginia.
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ARTICLE 10
DECLARANT' S RIGHT TO SUBJECT PROPERTY TO DECLARATION
Section 10.1. Property Subject to this Declaration. The real property which
shall be held, conveyed, hypothecated, encumbered, sold, leased, rented, used, occupied and
improved subject to this Declaration shall be as described in one or more Supplementary
Declarations recorded by the Declarant among the Land Records of Loudoun County,
Virginia. The Declarant shall have the right to incrementally annex all or any portion of the
real property described in Schedule A-1 hereto within the jurisdiction of the Association by
executing and recording one or more Supplementary Declarations, regardless of the
ownership of the real property described in Schedule A-1 hereto at the time of such
annexation and without the need for the execution or filing of any such Supplementary
Declarations by any other party; provided, however, that the Declarant's right to unilaterally
annex the real property described in Schedule A-1 hereto shall only continue for a period of
twenty (20) years from the date of recordation by the Declarant of the first Supplementary
Declaration annexing all or any portion of the real property described on Schedule A-1
hereto; provided, further, that if the Declarant is delayed in the improvement and
development of the Property on account of a sewer, water or building permit moratorium or
any other cause or event beyond the Declarant's control, then the aforesaid twenty (20)-year
period shall be extended by a period of time equal to the length of the delays or an additional
five (5) years, whichever is less.
Section 10.2. Annexation of Property. The real property described in
Schedule A-1 hereto, any real property shown on the Development Plan, any real property
contiguous to or in the vicinity of the real property shown on the Development Plan and any
real property contiguous to or in the vicinity of the real property described on Schedule A-1
hereto, may be annexed within the jurisdiction of the Association by the Declarant without
the consent of the Class A Members of the Association, if any, for a period of twenty (20)
years from the date of recordation by the Declarant of the first Supplementary Declaration
annexing all or any portion of the real property described on Schedule A-1 hereto; provided,
however, that if the Declarant is delayed in the improvement and development of the
Property on account of a sewer, water or building permit moratorium or any other cause or
event beyond the Declarant's control, then the aforesaid twenty (20) year period shall be
extended by a period of time equal to the length of the delays or an additional five (5) years,
whichever is less. The scheme of this Declaration shall not, however, be extended to include
any such real property unless and until the same is annexed within the jurisdiction of the
Association by the recordation of a Supplementary Declaration as hereinafter provided.
Except as otherwise provided above with respect to annexations of real property by the
Declarant, annexations of real property within the jurisdiction of the Association shall require
the consent of Members entitled to cast not less than sixty-seven percent (67%) of the votes
of all Members present, in person or by proxy, and voting at any meeting of the Association.
Any annexations made pursuant to this Article, or otherwise, shall be made
by recording a Supplementary Declaration among the Land Records of Loudoun County,
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Virginia, which Supplementary Declaration shall extend the scheme of the within Declaration
to such annexed property. Any Supplementary Declaration made pursuant to the provisions
of this Article may contain such complementary or supplemental additions and/or
modifications to the covenants, conditions and/or restrictions set forth in the within
Declaration as may be considered necessary or appropriate by the maker of such
Supplementary Declaration to reflect the different character or use, if any, of the annexed
property, including, without limitation, a partial or complete waiver of all or any portion of
such covenants, conditions and/or restrictions with respect to the annexed property.
So long as the Federal Housing Administration ("FHA") insures, or agrees to
insure, loans made with respect the initial sales of Lots within the Project, no annexation of
real property shall be made pursuant to this Article, or otherwise, except following a
determination by the FHA that the annexation conforms to a general plan for the
development of the Project previously approved by the FHA, or, if no such general plan was
approved by the FHA, except following the prior written approval of the FHA. Failure to
obtain such approval may result in the Lots located within the annexed property not being
eligible for FHA insured loans, but such failure shall not be deemed to preclude or be a
waiver of the Declarant's right to annex real property within the jurisdiction of the
Association.
Every Owner of a Lot in property to be annexed as provided herein shall have
an easement of enjoyment in and to the Common Area and Community Facilities, and such
other rights of use as are provided in Article 11 herein.
Section 10.3. De -annexation. The Declarant may de -annex any property
annexed within the jurisdiction of the Association for a period of twenty (20) years from the
date of recordation by the Declarant of the first Supplementary Declaration annexing all or
any portion of the real property described on Schedule A-1 hereto; provided, however, that (i)
the Declarant is the Owner of such property at the time of de -annexation, or (ii) if the
Declarant is not the Owner of such property, the Declarant de -annexes such property with the
written consent of the Owner thereof; provided, further, that if the Declarant is delayed in the
improvement and development of the Property on account of a sewer, water or building
permit moratorium or any other cause or event beyond the Declarant's control, then the
aforesaid twenty (20) year period shall be extended by a period of time equal to the length of
the delays or an additional five (5) years, whichever is less. Such de -annexed property shall
no longer be subject to the covenants and restrictions of this Declaration except for (i) any
easements, rights, reservations, exemptions, powers or privileges reserved to the Declarant
pursuant to this Declaration which affect the de -annexed property and (ii) any other
easements, rights, reservations, exemptions, powers or privileges which are expressly
reserved to the Declarant in the instrument effectuating such de -annexation. Such de -
annexation shall be made by recording a Supplementary Declaration among the Land
Records, withdrawing the effect of the covenants and restrictions of this Declaration from the
de -annexed property. Such de -annexed property may be utilized by the Declarant, or any
successor, assign or transferee thereof, for any lawful purpose or use.
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So long as the FHA insures, or agrees to insure, loans made with respect the
initial sales of Lots within the Project, no de -annexation of real property shall be made
pursuant to this Article, or otherwise, except following a determination by the FHA that the
de -annexation is not contrary to a general plan for the development of the Project previously
approved by the FHA, or, if no such general plan was approved by the FHA, except
following the prior written approval of the FHA. Failure to obtain such approval may result
in the Lots located within the de -annexed property not being eligible for FHA insured loans,
but such failure shall not be deemed to preclude or be a waiver of the Declarant's right to de -
annex real property from within the jurisdiction of the Association.
Section 10.4. Common Area. All Common Area and completed facilities
must be annexed within the Association by the Declarant in accordance with the terms and
conditions of any approved regulatory plans, as may be amended from time to time, and must
otherwise be in accordance with the terms of any regulatory plan requirements, including a
phasing schedule, as may be amended. The Declarant reserves the right to seek an
amendment to any regulatory plan for the purpose of modifying the location or amount of
real property comprising the Common Area and for the purpose of modifying the
improvements to be constructed on the Common Area which amendment shall be reviewed
by the appropriate municipal authorities in accordance with applicable law. Such amendment
shall be effective only if approved by the appropriate municipal authorities.
ARTICLE 11
PROPERTY RIGHTS
Section 11.1. Owners' Easements of Enjoyment. Every Owner shall have a
right and easement of enjoyment in and to the Common Area and Community Facilities,
including an easement for the use and enjoyment of the private streets, parking areas,
pathways and walkways within the Common Area, which shall be appurtenant to and shall
pass with the title to every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable and uniform
admission and other fees for the use of the Common Area and Community Facilities;
(b) the right of the Association to suspend an Owner's voting rights and
right to use the Common Area and/or Community Facilities (i) for any period during which
any assessment against such Owner's Lot remains unpaid, and (ii) after notice and an
opportunity for a hearing, for a period not to exceed sixty (60) days for any infraction of its
published rules and regulations; provided, however, that the obligation of such Owner to pay
Assessments shall continue unabated during such period of suspension of voting rights or
right to utilize the Common Area and/or Community Facilities;
(c) the right of the Association to dedicate, sell or transfer all or any part
of the Common Area and/or Community Facilities to any public agency, authority, or utility
for such purposes and subject to such conditions as may be agreed to by the Members. No
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such dedication, sale or transfer shall be effective without the consent of two-thirds (2/3) of
each class of Members and fifty-one percent (51 %) of the Eligible Mortgage Holders, its
successor or assign, has given its prior written approval thereof, which approval shall not be
unreasonably withheld or delayed;
(d) the right of the Association to limit the number of guests of Owners
utilizing the Common Area and Community Facilities;
(e) the right of the Declarant and the Association to establish
Administrative Resolutions and Equity Resolutions pertaining to the use of the Property, the
Common Area and the Community Facilities;
(f) the right of the Association to establish uniform rules and regulations
pertaining to the use of the Common Area and Community Facilities;
(g) the right of the Association to provide for the exclusive use by certain
Owners and residents of designated parking spaces within the Common Area;
(h) the right of the Association, the Declarant, utility companies and other
owners with respect to the easements established by this Declaration;
(i) the right of the Association, in accordance with its Articles of
Incorporation and Bylaws, and with the consent of two-thirds (2/3) of each class of Members
of the Association, to borrow money for the purpose of improving the Common Area and
Community Facilities in a manner designed to promote the enjoyment and welfare of the
Members and in aid thereof to mortgage any of the Common Area and Community Facilities;
0) the right of the Association to take such steps as are reasonably
necessary to protect the property of the Association against mortgage default and
foreclosures; provided, however, that the same are in conformity with the other provisions of
this Declaration;
(k) the right of the Declarant, as more fully set forth in Article 18 of this
Declaration, to grant easements, to utilize reserved rights and easements, and to otherwise
utilize the Common Area and Community Facilities as it deems appropriate in connection
with the development of the Project;
(1) the right of the Association, acting by and through its Board of
Directors, to grant easements, licenses or other rights of use of the Common Area and
Community Facilities to persons or entities who are not Members of the Association for such
consideration and on such terms and conditions as the Board of Directors may from time to
time consider appropriate or in the best interest of the Association or the Property;
(m) the right of the Association to be the lessee of any portion or all of the
Common Area and the right of the Association to enforce the terms of the lease with respect
15
to such Common Area against such property and the Owners and their guests, lessees and
invitees; and
(n) the right of the Association, acting by and through its Board of
Directors, to transfer or convey portions of the Common Area for purposes of adjusting the
boundary lines of one or more Lots and/or the Common Area; provided, however, that such
transfer or conveyance has been approved, as necessary, by applicable local governmental
authorities or agencies, or is otherwise in conformance with applicable law, local zoning
ordinances, governmental guidelines, or restrictions.
Section 11.2. Limitations.
(a) Any other provision of this Declaration to the contrary
notwithstanding, the Association shall have no right to suspend the right of any Member of
the Association to use any private streets and roadways located within the Property for both
vehicular and pedestrian ingress and egress to and from such Member's Lot. The Common
Area will be available for the type of active and passive recreational and open space uses
contemplated by the regulatory approvals.
(b) Any other provision of this Declaration to the contrary
notwithstanding, the Association shall have no right to suspend the right of any Member of
the Association to use the Common Area for necessary, ordinary and reasonable vehicular
and pedestrian ingress and egress to and from such Owner's Lot or to suspend any easement
over the Common Area for storm water drainage, electrical energy, water, sanitary sewer,
natural gas, CATV or similar service, telephone service or similar utilities and services to the
Lots.
Section 11.3. Delegation of Use. Any Owner may delegate, in accordance
with the Bylaws and rules and regulations of the Association, such Owner's right of
enjoyment to the Common Area and Community Facilities to the members of such Owner's
family, such Owner's tenants, social invitees, or contract purchasers who reside within the
Property.
ARTICLE 12
MEMBERSHIP AND VOTING RIGHTS
Section 12.1. Membership. Every Owner of a Lot shall be a Member of the
Association. Membership shall be appurtenant to and may not be separated from ownership
of any Lot.
Section 12.2. Voting Rights. The Association shall initially have two (2)
classes of voting membership, Class A and Class B. The voting rights of the Class C
Members, if any, shall be as established by the Declarant in accordance with this Declaration.
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Class A. With the exception of the Declarant (until expiration of the
Class B memberships as provided below), every person, group of persons, corporation,
partnership, trust or other legal entity, or any combination thereof, who is an Owner of a
Single -Family Detached Lot (including any Participating Builder) shall be a Class A Member
of the Association; provided, however, that any such person, group of persons, corporation,
partnership, trust or other legal entity, or any combination thereof, who holds such interest
solely as security for the performance of an obligation shall not be a Class A Member solely
on account of such interest. Each Single -Family Detached Lot shall entitle the Owner of
such Lot to cast one (1) vote in the affairs of the Association. When more than one (1)
person or entity are the Owners of any Single -Family Detached Lot, all such persons and
entities shall be Class A Members. The vote for such Single -Family Detached Lot shall be
exercised as they among themselves determine, but in no event shall more than one (1) vote
be cast with respect to any Single -Family Detached Lot owned by a Class A Member. Any
Class A Member who leases his or her Single -Family Detached Lot may, in the lease or other
written instrument, assign the voting right appurtenant to that Single -Family Detached Lot to
the lessee, provided that a copy of such instrument is furnished to the Association.
Class B. There shall initially be six hundred seventy-five (675) Class B
memberships in the Association. This number shall be increased by three (3) memberships
for each Lot which is annexed within the jurisdiction of the Association in accordance with
Article 10, Section 10.2 of this Declaration in excess of two hundred twenty-five (225) Lots,
and shall be decreased by three (3) memberships for each Lot conveyed to a Class A Member
(excluding any Lot conveyed to a Participating Builder). The Class B Member shall be the
Declarant, its nominee or nominees, and shall include every person, group of persons,
corporation, partnership, trust or other legal entity, or any combination thereof, who shall
obtain any Class B membership by specific assignment in writing from the Declarant.
The Class B Member shall be entitled to one (1) vote for each Class B
membership. Each Class B membership shall lapse and become a nullity on the first to
happen of the following events:
(i) one hundred twenty (120) days following the date on which
the total authorized, issued and outstanding votes of the Class A Members (excluding any
Participating Builder) equals the number of Class B memberships; or
(ii) fifteen (15) years from the date of recordation by the
Declarant of the first Supplementary Declaration annexing all or any portion of the real
property described in Schedule A-1 hereto; provided, however, that if the Declarant is
delayed in the improvement and development of the Property on account of a sewer, water or
building permit moratorium or any other cause or event beyond the Declarant's control, then
the aforesaid fifteen (15)-year period shall be extended by a period of time equal to the length
of the delays or an additional five (5) years, whichever is less; or
17
(iii) upon the surrender of said Class B memberships by the then
holders thereof for cancellation on the books of the Association.
Upon the lapse or surrender of the Class B memberships as provided for in
this Article, the Declarant shall thereafter become a Class A Member of the Association, as
applicable, as to each and every Lot in which the Declarant then holds the interest otherwise
required for such membership.
Class C. The Declarant shall have the right, but not the obligation, to
establish Class C Members of the Association. Any provision of this Declaration, the Bylaws
or the Articles of Incorporation to the contrary notwithstanding, the rights, privileges,
obligations, conditions, qualifications and requirements applicable to the Class C Members
shall be as specified by the Declarant, in its sole discretion, in any Supplementary
Declaration recorded by the Declarant for purposes of annexing Lots owned by the Class C
Members within the jurisdiction of the Association pursuant to Article 3 of this Declaration,
and/or in a membership agreement entered between the Declarant and the Class C Members.
The Declarant may increase or decrease the assessment rate otherwise applicable to the Lots
owned by the Class C Members to such amount as the Declarant shall deem appropriate in
relation to the level of services and benefits available to or anticipated to be utilized by the
Owners and residents of such Lots and the cost to the Association of providing such services
and benefits, and, in the event that the Declarant determines to decrease the assessment rate
otherwise applicable to the Lots owned by the Class C Members pursuant to this Section, the
Declarant may also limit, in whole or in part as the Declarant shall deem appropriate in
relation to the decreased assessment rate applicable to such Lots: (i) the right of the Class C
Members to vote on matters arising before the Association; and (ii) the right of the Class C
Members to use the Common Area and any facilities situated thereon. The Declarant may, in
its sole discretion, establish different categories of Class C Members, and may vary the
rights, privileges, obligations, conditions, qualifications and requirements applicable to each
different category of Class C Members.
ARTICLE 13
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 13. L Creation of the Lien and Personal Obligation for
Assessments. There are hereby created Assessments for Common Expenses as may be from
time to time specifically authorized by the Board of Directors to be commenced at the time
and in the manner set forth in this Article. Each Owner of any Lot by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Association: Annual Assessments, Special Assessments, and all other
Assessments as may be levied by the Association in accordance with this Declaration. All
Assessments, together with interest, costs, late fees and reasonable attorneys' fees, shall be a
charge on the Lot (including all improvements thereon), and shall be a continuing lien upon
the property against which each such Assessment is made. Each such Assessment, together
with interest, costs, late fees and reasonable attorneys' fees, shall also be the personal
18
obligation of the person who was the Owner of the Lot at the time when the Assessment fell
due. The personal obligation for delinquent Assessments shall not pass to a prior Owner's
successors in title unless expressly assumed by such successors.
Section 13.2. Purpose of Assessments.
(a) The Assessments levied by the Association shall be used exclusively
to promote the recreation, health, safety, and welfare of the residents in the Property and for
the improvement, maintenance, repair and replacement of the Common Area and any
Community Facilities, the maintenance and repair of the Lawn and Garden Area (if the
Association elects to perform such maintenance and repair), the maintenance, repair and
replacement of any rights -of -way, median strips, signage, entry strips and entrance features
or improvements that serve and/or benefit the Association, the payment of real estate taxes,
assessments and utility services for the Common Area and Community Facilities,
management fees, administration expenses, insurance and all other costs and expenses
incurred by the Association in the proper conduct of its activities, including, without
limitation, reserves for replacements or contingencies, and charges accruing under any cross -
easement or other agreement (including, without limitation, any such agreement for the
maintenance of any storm water management facility). The Assessments may also be used
for the maintenance, repair and replacement of any property or facilities serving or
appurtenant to the Property which the Association is obligated or elects to maintain whether
or not such property or facilities are owned by the Association or are located within the
Property (including, without limitation, any property or facilities which the Association is
authorized to maintain pursuant to this Declaration).
(b) The Assessments levied by the Association shall also be used for
maintaining and providing reserves for any and all storm water management facilities,
including, without limitation, drainage pipes, infiltration trenches, ponds, basins, swales,
berms, out -flow control devices, drainage areas, filters, inlets, oil/grit separators and
underground facilities, if any, whether such storm water management facilities are located
within the Property or not, as long as such storm water management facilities are designed to
benefit or serve any portion of the Property and are required or intended to be maintained by
the Association pursuant to any easement, agreement or the direction of any governmental
authority or agency. The Association shall not refuse to accept the conveyance of any such
facilities from the Declarant. Such stormwater management facilities may also benefit
property not within the jurisdiction of the Association and the maintenance of such facilities
may be set forth in a cross -easement or other agreement in which event the Association shall
maintain the facilities pursuant to such agreement.
Section 13.3. Assessments, -Budgets. Until January 1 of the year immediately
following the first conveyance of a Lot to a Class A Member (not including any Participating
Builder), Assessments shall be imposed in amounts established by the Declarant in its sole
discretion. Thereafter, the Board of Directors shall from time to time set the Assessments in
amounts sufficient to meet the Common Expenses of the Association. Without limiting the
19
generality of the foregoing, the Association shall, at all times, levy and collect Assessments
in sufficient amounts to (i) maintain the Common Area and Community Facilities in
accordance with sound property management standards, and (ii) establish necessary reserves
for the future repair and replacement of any capital improvements within the Common Area.
The Board of Directors shall determine the amount of the Assessments before the beginning
of each fiscal year in connection with preparation of the Association's annual budget, and
may do so at more frequent intervals should circumstances so require.
The Board of Directors shall make a reasonable effort to prepare a budget at
least thirty (30) days before the beginning of the fiscal year. The budget shall include the
estimated costs of operating the Association during the coming year and shall also include an
amount sufficient to establish and maintain a reserve fund in accordance with a reserve fund
budget separately prepared by the Board of Directors pursuant to Article 13, Section 13.9 of
this Declaration. The budget and the Assessments shall become effective unless a special
meeting of the Association is duly held and at such special meeting the budget and the
Assessments are disapproved by a vote of Members entitled to cast not less than sixty-seven
percent (67%) of the votes of all Members present, in person or by proxy, and voting at such
meeting. Notwithstanding the foregoing, however, in the event the membership disapproves
the budget or the Board of Directors fails for any reason to determine the budget for the
succeeding year, then and until such time as a budget shall have been determined as provided
herein, the budget in effect for the then current year shall continue for the succeeding year.
The Declarant may establish a working capital fund for the initial and
ongoing operation of the Association. Such working capital fund may be funded by a one-
time assessment of One Hundred Dollars ($100.00) per Lot ("capital contribution") and shall
be payable, if established, by the Declarant's or Participating Builder's grantee upon the
earlier of settlement or occupancy of a completed dwelling located on any Lot. Unless the
Board of Directors vote otherwise, the capital contribution shall increase by five percent (5%)
each year, commencing January 1, 2007.
In addition to any other periodic assessments which may be established
pursuant to this Declaration, each grantee (except for the Declarant's or Participating
Builder's grantees, who are subject to the capital contribution referenced in the preceeding
paragraph) shall, upon the earlier of settlement or occupancy of a completed dwelling located
on any Lot, pay to the Association a one-time assessment of One Hundred Dollars ($100.00)
to assist in the ongoing operation of the Association. Unless the Board of Directors vote
otherwise, the one-time assessment shall increase by five percent (5%) each year,
commencing January 1, 2007.
Upon resolution of the Board of Directors, installments of Annual
Assessments may be levied and collected on a monthly, quarterly, semi-annual or annual
basis. Any Class A Member may prepay one or more installments of any Annual Assessment
levied by the Association, without premium or penalty.
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Section 13.4. Special Assessments. In addition to the Annual Assessments
authorized above, the Association may levy, in any assessment year, a Special Assessment or
Special Assessments applicable to that year for such purposes as the Board of Directors may
deem appropriate; provided that any such Special Assessment shall be approved by Members
entitled to cast not less than sixty-seven percent (67%) of the votes of all Members present, in
person or by proxy, and voting at a meeting of the Association duly called for this purpose.
The Association may also levy a Special Assessment against any Owner to reimburse the
Association for costs incurred in bringing any Owner and his or her Lot into compliance with
the provisions of this Declaration, the Bylaws, the Articles of Incorporation and the rules and
regulations of the Association. Such a Special Assessment may be levied upon the vote of
the Board of Directors after notice to the Owner and an opportunity for a hearing before the
Board of Directors.
Section 13.5. Notice and Quorum. Written notice of any meeting called for
the purpose of establishing a Special Assessment in accordance with Section 13.4 above,
shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in
advance of such meeting. At the first such meeting called, the presence of Members or of
proxies entitled to cast five percent (5%) of the votes of each class of Members shall
constitute a quorum. If the required quorum is not present, another meeting may be called
subject to the same notice requirement and the required quorum at the subsequent meeting
shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent
meeting shall be held more than sixty (60) days following the preceding meeting.
Section 13.6. Variable Annual Assessment Rates.
(a) Annual Assessments shall be imposed upon the Lots at different rates,
which shall correspond to the differing types of Living Units constructed, or to be constructed,
upon such Lots. Such Annual Assessment rates shall be based on actual or projected costs
incurred or anticipated to be incurred by the Association relating to the operation and
maintenance of the Property, as determined by the Board of Directors in its sole discretion.
There shall initially be the following class of Annual Assessments: Single -Family Detached
Lot Class Rates. Subject to the provisions of Article 13, Section 13.6(b) below, the Annual
Assessment rate applicable to each class shall be as determined by the Board of Directors of
the Association, and shall be set forth in the annual budgets, and any amendments thereto,
adopted by the Board of Directors in accordance with this Declaration.
(b) Any provision of this Declaration to the contrary notwithstanding, for
the duration of the Declarant's Rights and Obligations Period the Declarant may establish
additional Annual Assessment rates, and/or may increase or decrease the existing Annual
Assessment rates otherwise applicable to specific Lots and/or Living Units annexed, or to be
annexed, within the jurisdiction of the Association to such amount as the Declarant shall deem
appropriate, in its sole discretion, in relation to the level of services and benefits available to, or
anticipated to be utilized by, the Owners and residents such Lots and/or Living Units, and the
anticipated cost to the Association of providing such services and benefits. In the event that the
Declarant determines to decrease the Annual Assessment rate otherwise applicable to such Lots
21
or Living Units pursuant to this Section 13.6(b), the Declarant may also limit, in whole or in
part as the Declarant shall deem appropriate in relation to the decreased Annual Assessment
rate applicable to such Lots or Living Units, the right of the Owners of such Lots or Living
Units to vote on matters arising before the Association. The Declarant's determination under
this Section 13.6(b) may be set forth in a Supplementary Declaration recorded by Declarant for
purposes of annexing such Lots or Living Units within the jurisdiction of the Association in
accordance with Article 10 of this Declaration. Following termination of the Declarant's
Rights and Obligations Period, the Declarant's rights and powers under this Section 13.6(b)
shall be deemed to be transferred and assigned to, and shall thereafter be exercised by, the
Board of Directors of the Association. Any determination made by the Board of Directors
under this Section 13.6(b) shall be reflected in a duly adopted Equity Resolution.
(c) In the event that the actions or activities of any Owner causes or
results in increased expenses for the Association, the Board of Directors may assess such
increase in expenses against the Owner and such Owner's Lot, after notice to such Owner
and an opportunity for a hearing. For example, and for purposes of illustration only, the
Board of Directors may assess the amount of any insurance deductible paid by the
Association against any Owner and such Owner's Lot if the Association is required to pay
such deductible as a result of the misuse or neglect of the Owner. Such Assessment shall be
a lien against the Owner's Lot and shall be payable and collectible in the same manner as any
other Assessments required to be paid to the Association; provided, however, that neither the
Declarant or any Participating Builder shall be subject to any Assessment based on this
Section 13.6(c).
Section 13.7. Assessment of Declarant; Assessment of Participating
Builders.
(a) Any provision hereof to the contrary notwithstanding, Lots owned by
the Declarant shall not at any time be subject to any Assessments levied by the Association,
and the Declarant shall have no obligation whatsoever to pay any such Assessments. Lots
formerly owned by the Declarant shall cease to be exempt from such Assessments
commencing upon transfer or conveyance of any such Lot from the Declarant to any other
Owner.
(b) Except to the extent provided otherwise in this Section, Lots owned
by the Participating Builders shall not at any time be subject to any Assessment levied by the
Association, and the Participating Builders shall have no obligation to pay any such
Assessment. The Declarant shall pay to the Association the following per Lot assessment
amounts upon conveyance of each Lot from the Declarant to an individual(s) or entity other
than an affiliate of the Declarant (the "Declarant Assessment"): Fifty Dollars ($50.00) per
Single -Family Detached Lot. Further, the Declarant shall be solely responsible for all costs
and expenses associated with the maintenance and repair of the dwelling units and structures
located on the Lots owned by the Declarant. Any Lot owned by the Declarant shall be
subject to the full amount of all Assessments levied by the Association commencing upon the
earlier of (i) the transfer or conveyance of such Lot to an Owner other than the Declarant; (ii)
22
the day upon which the dwelling unit or structure located upon such Lot is first occupied and/or
used for residential purposes or as a Live -Work Unit, whether pursuant to a lease of such
dwelling unit or structure, or otherwise, by any person or entity other than the Declarant; or (iii)
two (2) years after such Lot has been annexed within the jurisdiction of the Association in
accordance with Article 10 of this Declaration.
Section 13.8. Date of Commencement of Annual Assessments; Due Dates.
Unless an earlier commencement date is established by the Board of Directors, the Annual
Assessments provided for herein shall commence as to all Lots simultaneously with the
conveyance of the first Lot to a Class A Member. The first Annual Assessment shall be
adjusted according to the number of months remaining in the calendar year. Written notice
of the Annual Assessment shall be sent to every Owner subject thereto. The due dates shall
be established by the Board of Directors.
Section 13.9. Reserve Fund Budget and Contribution. The Board of
Directors shall annually prepare a reserve fund budget which shall take into account the
number and nature of the replaceable assets of the Association, the expected life of each
asset, and the expected repair or replacement cost of each asset. The Board of Directors shall
set the required reserve fund contribution, if any, in an amount sufficient to meet the
projected reserve needs of the Association, as shown on the reserve fund budget, with respect
both to amount and timing by the imposition of Annual Assessments over the period of the
budget. The reserve fund contribution shall be fixed by the Board of Directors and included
within the budget and Assessment, as provided in Article 13, Section 13.3 of this Declaration.
Such reserve fund contribution shall be payable as part of the Annual Assessment, applicable
to all Lots (except as otherwise provided in Article 13, Section 13.7 of this Declaration with
respect to Lots owned by the Declarant), to the extent such reserve fund will be utilized to
replace assets which are determined by the Board of Directors to benefit substantially all
Owners. Reserves may also be maintained for operating contingencies and insurance
deductibles. A copy of the reserve fund budget shall be distributed to each Owner in the
same manner as the operating budget. Except where an emergency requires an expenditure
to prevent or minimize loss from further damage to, or deterioration of, the Common Area or
Community Facilities, reserves accumulated for one purpose may not be expended for any
other purpose unless approved by the Board of Directors and by the affirmative vote of
Members entitled to cast not less than sixty-seven percent (67%) of the votes of all Members
present, in person or by proxy, and voting at a meeting of the Association duly called for this
purpose.
Section 13.10. Assessment of Lots Subject to Sub Association. With respect
to any Assessments which are payable by the Owners of Lots which have been subjected to a
Sub -Association, the Board of Directors may elect by resolution to collect such Assessments
directly from the governing body of the Sub -Association. In such event, payment of the
Assessments provided for herein shall be an obligation of such Sub -Association; provided,
however, that each Owner shall remain personally liable for all Assessments against such
Owner's Lot and each such Lot shall remain subject to the lien for the Assessments
23
established by this Declaration. If the Board of Directors elects to collect Assessments from
the Sub -Association, then all notices regarding Assessments against such Lots shall be sent to
the governing body of the Sub -Association; provided, however, that notice of any action to
enforce an Owner's personal obligation to pay Assessments or to foreclose the lien against
such Owner's Lot shall also be sent to the Owner of the Lot. This Section 13.10 shall not be
deemed to limit or waive, and shall be without prejudice to, any rights, remedies, or
recourse's available to the Association for non-payment of Assessments.
ARTICLE 14
REMEDIES OF ASSOCIATION FOR NON PAYMENT OF ASSESSMENTS
Section 14.1. Non -Payment of Assessments. Any Assessment levied by the
Association which is not paid within ten (10) days after the due date established for such
Assessment by the Board of Directors, may, upon resolution of the Board, bear interest from
the due date until paid at the rate of interest established by the Board, not to exceed the
maximum, if any, rate of interest permitted under the laws of the Commonwealth of Virginia.
The Board of Directors may also impose a reasonable late fee against any Owner (and such
Owner's Lot) for failure to pay any Assessment within ten (10) days after the due date for
such Assessment. The Association may bring an action at law against the Owner personally
obligated to pay the delinquent Assessment, and/or foreclose on the lien against such
Owner's Lot in the manner now or hereafter provided under the Virginia Contract Lien Act,
the Virginia Property Owners' Association Act, or as may otherwise be provided under
applicable law. The Owner personally obligated to pay the delinquent Assessment shall also
be obligated to pay all attorneys' fees, court costs and administrative costs incurred by the
Association in connection with the collection of such Assessment. No Owner may waive or
otherwise escape liability for Assessments by non-use of the Common Area, or Community
Facilities, or by abandonment of such Owner's Lot. This Section shall not be deemed to limit
or waive, and shall be without prejudice to, any and all rights, remedies, or recourses as may
be available to the Association for the non-payment of Assessments.
Section 14.2. Assessment Certificate. The Association shall, upon demand
of any Owner, issue such Owner a written certificate signed by an officer of the Association
setting forth whether the Assessments applicable to such Owner's Lot have been paid, and if
not paid, the amount of the delinquent Assessments. A properly executed certificate of the
Association regarding the status of Assessments on a Lot shall be binding on the Association
as of the date of issuance. If permitted by applicable law, the Association may charge a
reasonable fee for the issuance of each such certificate.
Section 14.3. Acceleration of Installments. Upon default in the payment of
any Assessment, the entire balance of all unpaid Assessments for the remainder of the fiscal
year may, at the Board's discretion, be accelerated and declared due and payable in full, in
the same manner as the delinquent portion of such Assessment.
Section 14.4. Priority of Lien. The lien for Assessments provided for herein
shall be subordinate to the lien of any First Mortgage or deed of trust recorded against a Lot.
24
Sale or transfer of any Lot shall not affect the Assessment lien; provided, however, that the
sale or transfer of any Lot pursuant to mortgage or deed of trust foreclosure or any
proceeding in lieu thereof, shall extinguish the lien of such Assessments as to installments
which became due prior to such sale or transfer. No sale or transfer of a Lot shall exempt
such Lot or the Owner thereof from liability for any Assessments thereafter coming due or
from the lien thereof. No amendment to this Section shall affect the rights of the holder of
any First Mortgage on a Lot (or the indebtedness secured thereby) recorded prior to
recordation of such amendment unless the holder thereof (or of the indebtedness secured
thereby) shall join in the execution of such amendment.
ARTICLE 15
ARCHITECTURAL CONTROL
Section 15.1. Architectural Review and Control. No construction or
development activities, including, without limitation, staking, clearing, landscaping,
excavation, grading or other site work, shall be commenced, erected or maintained on any
Lot or the Common Area, no building, structure or other improvement of any kind, including,
without limitation, fences, walls, mailboxes, swimming pools and decks, shall be
commenced, erected or maintained within the Property, and no exterior addition, change or
alteration of any nature to the Lots or other existing improvements within the Property,
including, without limitation, changes in color, changes or additions to driveway or walkway
surfaces and landscaping modifications, shall be commenced, erected or maintained (all of
the foregoing are referred to herein, individually and collectively, as "Improvements") unless
and until complete plans and specifications for such Improvements have been approved, in
writing, in accordance with the applicable provisions of this Article.
Section 15.2. New Construction. No construction of the initial
Improvements on a Lot by any Participating Builder may be commenced, erected or
maintained until complete plans and specifications for such Improvements have been
approved, in writing, by the Declarant. The Declarant shall have sixty (60) days from its
actual receipt of all the material which it may reasonably request from such Participating
Builder in which to approve or disapprove such plans and specifications. Failure to respond
within this time frame shall be deemed automatic approval of the plans and specifications by
the Declarant. The approval of the Declarant shall in no way be substituted in lieu of
applicable governmental approvals and permits and no construction may commence until all
such approvals and permits have been obtained. The Declarant's approval shall not be
construed as a representation or warranty of any type regarding the design or construction of
any Improvement built by any Participating Builder. The Declarant may disapprove any
plans and specifications (or any elements or features thereof) for any reason, in its sole
discretion, and approval of any plans and specifications (or any elements or features thereof)
does not constitute a waiver of the right to disapprove the same or similar plans and
specifications (or any elements or features thereof) subsequently submitted for any purpose.
Any provision of this Declaration to the contrary notwithstanding, the approval of the
Declarant under this Section shall be the only approval required pursuant to this Declaration
25
with respect to the construction of the initial Improvements on a Lot by a Participating
Builder.
Section 15.3. Architectural Review Entity. Except for Improvements made
by the Declarant, and except for initial Improvements on Lots made by Participating
Builders, if any, (which shall be approved by the Declarant in accordance with Article 15,
Section 15.2 above), no other individual or entity, including, without limitation, all Members
of the Association, may commence, erect or maintain any Improvements within the Property
until complete plans and specifications for such Improvements have been approved, in
writing, by the "Architectural Review Entity" (as defined below) in accordance with Article
15, Sections 15.3 through 15.12 of this Declaration. As used in this Declaration, the term
"Architectural Review Entity" shall mean and refer to the entity having jurisdiction at any
particular time with respect to the matters described in this Article, and may be, as applicable,
the Declarant, the Board of Directors of the Association and/or the Architectural Review
Committee.
(a) Declarant as Architectural Review Entity.
The Declarant shall be entitled to exercise all rights and powers of the
Architectural Review Entity under this Declaration until the first to occur of (i) the
termination of the Declarant's Rights and Obligations Period, or (ii) the recordation by the
Declarant of a written instrument among the Land Records expressing the Declarant's
express intention to relinquish the rights and powers of the Architectural Review Entity under
this Declaration, whereupon, all of the rights and powers of the Architectural Review Entity
shall be deemed to be transferred and assigned to, and shall thereafter be exercised by, the
Board of Directors of the Association. Each Owner, by acceptance of a deed or other
instrument conveying an interest in any portion of the Property, whether or not it shall be so
expressed in such deed or other instrument, shall be deemed to covenant and agree that, as
the developer and initial owner of the Property, the Declarant has a significant and substantial
interest in ensuring that the Improvements within the Property are consistent with the
Development Plan, and that such Improvements do not have an adverse impact upon the
Declarant's ongoing ability to market, sell, and/or lease all or any portion of the Property.
Accordingly, in its exercise of the rights and powers of the Architectural Review Entity under
this Declaration, the Declarant shall have the right to approve or disapprove any plans and
specification for Improvements submitted to it for review under this Declaration for any
reason whatsoever, in the Declarant's sole discretion, and the Owners hereby acknowledge
that, in reviewing and acting upon any such plans and specifications the Declarant shall be
acting in its own interest and shall owe no duty whatsoever to any other individual or entity,
including, without limitation, the Association and its Members. The Declarant may from
time to time designate or assign its rights and powers hereunder to the managing agent of the
Association.
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(b) Association as Architectural Review Entity.
Commencing upon transfer of the rights and powers of the
Architectural Review Entity to the Association pursuant to Article 15, Section 15.3(a) of this
Declaration, the rights and powers of the Architectural Review Entity shall thereafter be
exercised by the Board of Directors of the Association, or by an architectural review
committee appointed by the Board of Directors (the "Architectural Review Committee"). If
established by the Board of Directors, the Architectural Review Committee shall consist of
an uneven number of at least three (3) but not more than seven (7) members who shall serve
at the pleasure of and may be removed and replaced at the discretion of the Board of
Directors. The members of such Architectural Review Committee need not be Members of
the Association, and may, but need not, include architects, engineers and similar design
professionals, whose compensation, if any, shall be established from time to time by the
Board of Directors. The Board of Directors shall make a good faith effort, but shall not be
required, to employ a Town Architect in accordance with Article 15, Section 15.12 hereof.
Section 15.4. Review by the Architectural Review Entity. No Improvement
of any kind shall be commenced, erected or maintained upon the Property until complete
plans and specifications showing the nature, kind, shape, height, materials, and location of
the same shall have been submitted to and approved in writing as to harmony of external
design and location in relation to surrounding structures and topography, and conformity with
the design concept for the Property, by the Architectural Review Entity. In the event that the
Architectural Review Entity fails to approve or disapprove any Improvements within sixty
(60) days after the plans and specifications for such Improvements have been submitted to it,
approval will not be required and this Article 15 shall be deemed to have been fully complied
with. Approval by the Architectural Review Entity shall in no way be construed as to pass
judgment on the correctness of the location, structural design, suitability of water flow or
drainage, location of utilities, or other qualities of the item being reviewed, nor shall such
approval be substituted in lieu of applicable governmental approvals and permits or be
deemed to constitute a determination as to compliance with local zoning ordinances,
governmental guidelines or restrictions. The Architectural Review Entity shall have the right
to charge a reasonable fee for reviewing each application in an amount not to exceed the
costs actually incurred by the Architectural Review Entity. Any Improvement made without
application having first been made and approval obtained as provided above shall be deemed
to be in violation of this covenant and the Improvement may be required to be removed and
the affected Property restored to the original condition at the Owner's cost and expense. In
any event, no such Improvement shall be made without approvals and permits therefor
having first been obtained by the Owner from the applicable public authorities or agencies.
In addition, no Improvements may be constructed which are not in compliance with local
zoning ordinances, governmental guidelines or restrictions.
Section 15.5. Initiation and Completion of Improvements. Construction of
Improvements in accordance with plans and specifications approved by the Architectural
Review Entity pursuant to the provisions of this Article shall be commenced within six (6)
27
months of such approval (whether by affirmative action or by forbearance from action as
provided in Article 15, Section 15.4 of this Declaration) and completed within twelve (12)
months following the date of commencement, or within such longer period as the
Architectural Review Entity may specify in its approval. In the event construction is not
commenced within the period aforesaid, then approval of the plans and specifications shall be
conclusively deemed to have lapsed and compliance with the provisions of this Article shall
again be required. There shall be no deviations from plans and specifications approved by
the Architectural Review Entity without the prior consent in writing of the Architectural
Review Entity. Approval of any particular plans and specifications or design shall not be
construed as a waiver of the right of the Architectural Review Entity to disapprove such plans
and specifications, or any elements or features thereof, in the event such plans and
specifications are subsequently submitted for use in any other instance. The Architectural
Review Entity may condition its approval of any plans and specifications submitted to it for
review upon the Owner's compliance with such limitations or conditions as the Architectural
Review Entity may deem appropriate, in its sole discretion.
Section 15.6. Certificate of Compliance. Upon completion of any
Improvements in accordance with plans and specifications approved by the Architectural
Review Entity in accordance with the provisions of this Article, the Architectural Review
Entity shall, at the request of the Owner thereof (which request shall be made within one (1)
year of completion), issue a certificate of compliance which shall be rp ima facie evidence
that such Improvements referenced in such certificate have been approved by the
Architectural Review Entity in full compliance with the provisions of this Article and with
such other provisions and requirements of this Declaration as may be applicable.
Section 15.7. Deviations from Design Guidelines. The Architectural Review
Entity, in its sole discretion, shall have the power to permit an Owner to deviate from the
standards and restrictions contained in this Declaration and the Design Guidelines. However,
the Architectural Review Entity must provide, in writing as part of its decision, the basis of and
rationale for allowing such deviation. Generally, but not exclusively, this Section is intended to
enable the Architectural Review Entity to appropriately respond to creative and beneficial design
solutions that are consistent with the overall design character of the Property and the objectives
of this Declaration, but which were not specifically anticipated in this Declaration or the Design
Guidelines.
Section 15.8. Appeal. The decisions of the Declarant and the Board of
Directors when acting as the Architectural Review Entity shall be final and shall not be
subject to appeal, except that any Member who is aggrieved by any action or forbearance
from action by the Architectural Review Committee (if established) when acting as the
Architectural Review Entity may appeal the decision of the Architectural Review Committee
to the Board of Directors within such period as may be provided in the Association's rules
and regulations or resolutions and, upon the request of such Member, shall be entitled to a
hearing before the Board of Directors. A vote of two thirds (2/3) of the Board of Directors
28
shall be required to reverse or modify the decision of the Architectural Review Committee (if
established).
Section 15.9. Design Guidelines and Application Procedures.
(a) The Architectural Review Entity may from time to time adopt and
promulgate design guidelines, policy statements, rules and regulations, and amendments thereto
(the "Design Guidelines") which shall establish criteria for the review of applications for
Improvements, and which may include, without limitation, guidelines for,,the architectural
design and placement of buildings, structures and other improvements within the Property, and
guidelines for permissible color schemes, materials, exterior finishes and similar features;
provided, however, that the Design Guidelines shall not contravene any specific standards or use
restrictions established by this Declaration. The Design Guidelines shall not be construed as a
waiver of the provisions of this Article or any other provision or requirement of this
Declaration. Design Guidelines adopted and promulgated by the Architectural Review
Committee (if established) when acting as the Architectural Review Entity shall be subject to
review and approval by the Board of Directors.
(b) The Architectural Review Entity may from time to time adopt and
promulgate procedures and requirements for the submission of applications to the Architectural
Review Entity and amendments thereto (the "Application Procedures"), including, without
limitation, requirements regarding the number of copies, the content, scale and detail of the plans
and specifications to be included with such applications, and the identification of any required
supporting materials; provided, however, that the Application Procedures shall not contravene
any specific requirement established by this Declaration. The Application Procedures shall not
be construed as a waiver of the provisions of this Article or any other provision or
requirement of this Declaration. Application Procedures adopted and promulgated by the
Architectural Review Committee (if established) when acting as the Architectural Review
Entity shall -be subject to -review -and approval by -the Board of Directors. - _ -- -
Section 15.10. Limited Scope of Approval. The Architectural Review Entity
shall not be presumed to be expert in, nor shall it be held responsible for, integrity of engineering
or architectural design, quality of construction, or compliance with local zoning ordinances,
governmental guidelines or restrictions. The Architectural Review Entity shall not be
responsible or liable for any architectural, engineering or construction defect, public code
violation or the consequences of such defects or violations with regard to any Improvements.
Approval by the Architectural Review Entity shall in no way be construed as to pass judgment
on the correctness of the location, structural design, suitability of water flow or drainage,
location of utilities, or other qualities of the Improvements being reviewed, nor shall such
approval be substituted in lieu of applicable governmental approvals and pen -nits or be deemed
to constitute a determination as to compliance with local zoning ordinances, governmental
guidelines or restrictions.
Section 15.11. Covenant Committee Liaison. The Architectural Review
Entity shall assist the Covenant Committee in monitoring the Lots for compliance with this
F
Declaration and the Design Guidelines, and for compliance with plans and specifications for
Improvements to such Lots approved by the Architectural Review Entity.
Section 15.12. Town Architect. A Town Architect may be appointed in
accordance with this Section. The Town Architect shall be an individual with demonstrable
experience in a recognized design profession, and may, but is not required to be, an Owner or
resident of the Property. If appointed, the Town Architect shall be charged with assisting the
Architectural Review Entity in the review of applications for Improvements and in otherwise
maintaining the visual integrity of the Property. The specific powers and responsibilities of the
Town Architect may be further established by the Declarant or the Board of Directors in an
Administrative Resolution, provided that all actions of the Town Architect shall be subject to
review and approval by the Architectural Review Entity. The Town Architect shall be
appointed by, shall serve at the pleasure of, and may be removed and replaced by the Declarant
during the Declarant's Rights and Obligations Period. Following termination of the Declarant's
Rights and Obligations Period the Town Architect shall be. appointed by, shall serve at the
pleasure of, and may be removed and replaced by the Board of Directors. The Town Architect
may be paid a reasonable compensation by the Association, as determined by the Architectural
Review Entity.
Section 15.13. Exemption. Notwithstanding any provision of this
Declaration to the contrary, the provisions of Article 15 of this Declaration shall not be
applicable to the Declarant, to any part of the Property owned by the Declarant, nor to
Improvements constructed by the Declarant. Further, Article 15, Sections 15.3 through
Section 15.12 of this Declaration, inclusive, shall not be applicable to the construction of
initial Improvements on a Lot by a Participating Builder.
ARTICLE 16
COVENANT COMMITTEE
Section 16.1. Purpose and Powers of the Covenant Committee. The
purpose of the Covenant Committee shall be to ensure compliance with the Governing
Documents and to foster harmony within the Property through reasoned and impartial
adjudication of disputes within the Property as they arise. To this end, the principle powers of
the Covenant Committee shall be as follows:
(a) to make reasonable efforts to resolve conflicts related to the Governing
Documents between Owners on an informal and amicable basis;
(b) to investigate and render decisions on alleged violations of the
Governing Documents;
(c) to hear and adjudicate disputes related to the Governing Documents
between Owners;
30
(d) upon petition of any Owner or upon its own initiative, to issue cease and
.desist requests to any Owner whose actions are inconsistent with the provisions of the
Governing Documents or otherwise detrimental to the Property;
(e) to provide interpretations of the Governing Documents when requested
to do so by a member of the Board of Directors or on its own initiative;
(f) to impose reasonable fines for violations of the Governing Documents,
subject to the approval of the Board of Directors;
(g) to propose rules and procedures for hearing alleged violations of the
Governing Documents, for adoption by the Board of Directors, which shall incorporate
reasonable concepts of due process and fundamental fairness. Such rules and procedures, and
amendments thereto, may also be proposed and approved by the Board of Directors acting alone,
without action by the Covenant Committee. No such rules or procedures shall be construed as a
waiver of any provision or requirement of the Governing Documents; and
(h) such additional powers as may be granted by the Board of Directors to
enable the Covenant Committee to fulfill its duties under the Governing Documents.
Section 16.2. Selection of Covenant Committee. The Covenant Committee
shall consist of not less than three (3) or more than seven (7) persons. For the duration of the
Declarant's Rights and Obligations Period, the Declarant shall appoint all members of the
Covenant Committee. Members of the Covenant Committee appointed by the Declarant shall
serve at the pleasure of and may be removed and replaced, without cause, by the Declarant.
Following termination of the Declarant's Rights and Obligations Period, or earlier upon written
notice from the Declarant to the Association, the number, qualifications, tenure, and manner by
which members of the Covenant Committee are to be chosen shall be as determined from time
to time by the Board of Directors, in the Board's sole discretion. Members of the Covenant
Committee appointed by the Board of Directors shall serve at the pleasure of and may be
removed and replaced, without cause, by the Board. For the duration of the Declarant's Rights
and Obligations Period, Covenant Committee members need not be Owners. In the event that
the Declarant and/or the Board of Directors shall have failed to appoint a Covenant Committee,
or in the event of the Committee's absence, resignation or inability or refusal to act, the Board of
Directors shall have the power and authority of the Covenant Committee and shall otherwise
exercise and discharge the committee's duties under the Governing Documents.
Section 16.3. Appeal. Subject to such procedures and timeframes as may be
established by the Board of Directors, any Owner or resident may appeal an adverse Covenant
Committee decision to the Board of Directors. The Board of Directors may uphold, modify or
reverse the decision of the Covenant Committee.
Section 16.4. Jurisdiction of Covenant Committee. Any provision hereof to
the contrary notwithstanding, the Covenant Committee shall have no jurisdiction over the
Declarant. Following termination of the Declarant's Rights and Obligations Period the Board of
31
Directors may from time to time, in its sole discretion, curtail the jurisdiction or authority of the
Covenant Committee, either generally or on a case -by -case basis.
ARTICLE 17
USE RESTRICTIONS
In addition to all other covenants, conditions and restrictions contained herein, and in
addition to other covenants, conditions and restrictions adopted by Equity Resolutions, the
use of the Property and each Lot therein is subject to the following:
Section 17.1. P(rmitted Uses. The Lots shall be used for residential
purposes exclusively, and no building shall be erected, altered, placed or permitted to remain
on any such Lot other than one used as a dwelling. The foregoing or any other provision of this
Declaration to the contrary notwithstanding, the use of any portion of the Property intended to
serve as a Live -Work Unit sh all be permitted, provided that such use is in strict conformity with
all applicable zoning laws, ordinances and regulations (and all other applicable laws), and is
otherwise in strict conformity with the Governing Documents. Nothing contained in this
Article 17, or elsewhere in this Declaration, shall be construed to prohibit the Declarant from
the use of any Lot or dwelling, or the improvements thereon, for promotional or display
purposes, or as "model homes", a sales and/or construction office, or for any other lawful
purpose.
Section 17.2. Prohibited Uses and Nuisances. Except for the activities of
the Declarant and any Participating Builders during the construction and development of the
Property, or except with the prior written approval of the Declarant or the Board of Directors,
or as may be necessary in connection with reasonable and necessary repairs or maintenance.
to any dwelling or the Common Area:
(a) No noxious or offensive trade or activity shall be carried on upon any
Lot or within any dwelling or any other part of the Property, nor shall anything be done
therein or thereon which may be or become an annoyance or nuisance to the neighborhood or
other Members. Without limiting the generality of the foregoing, no speaker, horn, whistle,
siren, bell, amplifier or other sound device, except such devices as may be used exclusively
for security purposes, shall be located, installed or maintained upon the exterior of any
dwelling or upon the exterior of any other improvements constructed upon any Lot.
(b) The maintenance, keeping, boarding or raising of animals, livestock,
or poultry of any kind, regardless of number, shall be and is hereby prohibited on any Lot or
within any dwelling, or other part of the Property, except that this shall not prohibit the
keeping of a reasonable number of dogs, cats, caged birds or other small domestic animals as
pets provided (i) they are not kept, bred or maintained for commercial purposes; (ii) such
domestic pets are not a source of annoyance or nuisance to the neighborhood or other
Members; and (iii) such pets are maintained in strict conformance to all laws and ordinances.
The Board of Directors and the Covenant Committee shall have the authority, after hearing,
32
to determine whether a particular pet is a nuisance or a source of annoyance to other
Members, and such determination shall be conclusive. Pets shall be attended at all times and
shall be registered, licensed and inoculated as may from time to time be required by law.
Pets shall not be permitted upon the Common Area unless accompanied by a responsible
person and unless they are carried or leashed. The Board of Directors shall have the right to
adopt such additional rules and regulations regarding pets as it may from time to time
consider necessary or appropriate, including, without limitation, rules prohibiting pets within
the Community Facilities.
(c) No burning of any trash and no accumulation or storage of litter,
lumber, scrap metals, refuse, bulk materials, waste, new' or used building materials, or trash
of any other kind shall be permitted on the Common Area or Community Facilities.
(d) Except for parking within garages, and except as herein elsewhere
provided, no junk vehicle, commercial vehicle (including vans used for commercial use and
vehicles displaying commercial signage), truck (as defined by the Virginia Department of
Motor Vehicles and/or by common usage and practice except for light pick-up trucks of
three-quarter (3/4) ton capacity or less used for non-commercial purposes), unlicensed or
inoperable motor vehicle (which shall include, without limitation, any vehicle which would
not pass applicable state inspection criteria), trailer, camp truck, house trailer, recreational
vehicle, boat or other similar vehicles, machinery or equipment of any kind or character
(except for such equipment and machinery as may be reasonable, customary and usual in
connection with the use and maintenance of any dwelling and except for such equipment and
machinery as the Association may require in connection with the maintenance and operation
of the Common Area) shall be kept upon the Property or upon the public or private streets
within or adjacent to the Property, nor (except for bona fide emergencies) shall the repair or
extraordinary maintenance of automobiles or other vehicles be carried out thereon. The
Association may, in the discretion of the Board of Directors or the Covenant Committee,
provide and maintain a suitable area designated for the parking of such vehicles.
(e) Trash and garbage containers shall not be permitted to remain in
public view except on days of trash collection and the evening prior to such days of trash
collection. Garbage and trash containers shall be screened from public view at all other
times.
(f) No Lot shall be divided or subdivided and no portion of any Lot
(other than the entire Lot) shall be transferred or conveyed for any purpose. The provisions
of this subsection shall not apply to the Declarant or the Participating Builders and, further,
the provisions hereof shall not be construed to (i) prohibit the granting of any easement or
right-of-way to any municipality, political subdivision, public utility or other public body or
authority, or to the Association, the Declarant, any Participating Builders or any other person
for any purpose, or (ii) prohibit minor boundary line adjustments between adjoining Lot
Owners if done in accordance with applicable local zoning ordinances, governmental
guidelines and restrictions. The provisions of this subsection shall not be deemed to preclude
any Owner from granting an easement or right-of-way to any municipality, political
33
subdivision, public utility or other public body or authority, or to the Association, to serve
necessary public purposes, or from dedicating or conveying a portion of such Owner's Lot
for such purposes.
(g) No tree, hedge or other landscape feature shall be planted or
maintained in a location which obstructs sight -lines for vehicular traffic on public streets or
on private streets and roadways. Without limiting the generality of the foregoing, no wire or
other lawn edging, fencing or other treatment shall be placed or maintained on any Lot which
would impede the Association's ability to perform its obligations as set forth in this
Declaration, or which would be inharmonious with the aesthetics of the Project.
(h) No decorative lawn ornament, no structure of a temporary character,
and no trailer, tent, shack, barn, pen, kennel, run, stable, or other similar structure shall be
erected, used or maintained on any Lot at any time. A storage shed may be erected,
constructed or placed on a Lot provided that such shed (i) is approved, in writing, with
respect to design (including, but not limited to color and materials), location and construction
by the Architectural Review Entity, and (ii) any shed must be properly maintained at all times
by the Owner of the Lot upon which it is located.
(i) Except for entrance signs, directional signs, signs for traffic control or
safety, community "theme areas" and such promotional sign or signs as may be maintained
by the Declarant, the Participating Builders or the Association, no signs or advertising
devices of any character shall be erected, posted or displayed upon, in or about any Lot or
dwelling, provided, however, that one temporary real estate sign not exceeding six (6) square
feet in area may be erected upon any Lot or attached to any dwelling placed upon the market
for sale or rent. Any such temporary real estate sign shall be removed promptly following
the sale or rental of such dwelling. The provisions and limitations of this subsection shall not
apply to any institutional first mortgagee of any Lot who comes into possession of the Lot by
reason of any remedies provided by law or in such mortgage or as a result of a foreclosure
sale or other judicial sale or as a result of any proceeding, arrangement, assignment or deed in
lieu of foreclosure. The Declarant and the Board may, through the adoption of an Equity
Resolution, adopt additional covenants, conditions and restrictions regarding signage.
0) No water pipe, sewer pipe, gas pipe, drainage pipe, cable or other
similar transmission line shall be installed or maintained upon any Lot above the surface of
the ground and no wire, cable or other similar transmission line may be attached to the
exterior of any structure on any Lot; provided, however, that such transmission lines, wires or
cables providing utility services to any Lot or dwelling (including, but not limited to,
electricity, telephone, gas, water and cable television) shall be permitted.
(k) No play equipment, including, without limitation, basketball
backboards, basketball hoops and other equipment associated with either adult or juvenile
recreation, shall be erected or attached in any manner to the exterior of any dwelling without
the prior written approval of the Architectural Review Entity pursuant to Article 15 of this
34
subdivision, public utility or other public body or authority, or to the Association, to serve
necessary public purposes, or from dedicating or conveying a portion of such Owner's Lot
for such purposes. '
(g) No tree, hedge or other landscape feature shall be planted or
maintained in a location which obstructs sight -lines for vehicular traffic on public streets or
on private streets and roadways. Without limiting the generality of the foregoing, no wire or
other lawn edging, fencing or other treatment shall be placed or maintained on any Lot which
would impede the Association's ability to perform its obligations as $et forth in this
Declaration, or which would be inharmonious with the aesthetics of the Project.
(h) No decorative lawn ornament, no structure of a temporary character,
and no trailer, tent, shack, barn, pen, kennel, run, stable, or other similar structure shall be
erected, used or maintained on any Lot at any time. A storage shed may be erected,
constructed or placed on a Lot provided that such shed (i) is approved, in writing, with
respect to design (including, but not limited to color and materials), location and construction
by the Architectural Review Entity, and (ii) any shed must be properly maintained at all times
by the Owner of the Lot upon which it is located.
(i) Except for entrance signs, directional signs, signs for traffic control or
safety, community "theme areas" and such promotional sign or signs as may be maintained
by the Declarant, the Participating Builders or the Association, no signs or advertising
devices of any character shall be erected, posted or displayed upon, in or about any Lot or
dwelling, provided, however, that one temporary real estate sign not exceeding six (6) square
feet in area may be erected upon any Lot or attached to any dwelling placed upon the market
for sale or rent. Any such temporary real estate sign shall be removed promptly following
the sale or rental of such dwelling. The provisions and limitations of this subsection shall not
apply to any institutional first mortgagee of any Lot who comes into possession of the Lot by
reason of any remedies provided by law or in such mortgage or as a result of a foreclosure
sale or other judicial sale or as a result of any proceeding, arrangement, assignment or deed in
lieu of foreclosure. The Declarant and the Board may, through the adoption of an Equity
Resolution, adopt additional covenants, conditions and restrictions regarding signage.
0) No water pipe, sewer pipe, gas pipe, drainage pipe, cable or other
similar transmission line shall be installed or maintained upon any Lot above the surface of
the ground and no wire, cable or other similar transmission line may be attached to the
exterior of any structure on any Lot; provided, however, that such transmission lines, wires or
cables providing utility services to any Lot or dwelling (including, but not limited to,
electricity, telephone, gas, water and cable television) shall be permitted.
(k) No play equipment, including, without limitation, basketball
backboards, basketball hoops and other equipment associated with either adult or juvenile
recreation, shall be erected or attached in any manner to the exterior of any dwelling without
the prior written approval of the Architectural Review Entity pursuant to Article 15 of this
34
Declaration. If approved in accordance with this Declaration, such play equipment must be
properly maintained at all times.
(1) No structure, planting or other material shall be placed or permitted to
remain upon any Lot which may damage or interfere with any easement for the installation or
maintenance of utilities, or which may unreasonably change, obstruct or retard the direction
or flow of any drainage channels.
(m) Except as specifically permitted by applicable federal governmental
regulations, no exterior aerials or antennas of any type, including, but not limited to, satellite
dishes for reception or transmission, may be erected or maintained within the Property
without the prior written approval of the Architectural Review Entity pursuant to Article 15
hereof; provided, however, that satellite dishes not in excess of one (1) meter in diameter are
permitted. The Architectural Review Entity may impose reasonable rules and regulations
regarding the location and screening of any such satellite dish, subject to applicable federal
governmental regulations. Aerials and antennas situated entirely within a dwelling unit, and
not visible from the exterior, are permitted.
(n) Vegetable gardens shall be maintained only within the rear yard of
any Lot, and shall be maintained in a neat and attractive manner.
(o) Lawn furniture shall be used and maintained in rear yards or decks
only and shall be maintained in a neat and attractive manner.
(p) No equipment or machinery (including, without limitation, equipment
or machinery for use in connection with the maintenance of any dwelling) shall be stored in
the front, rear or side yard of any dwelling.
(q) No -Member shall make any private, exclusive or proprietary use of
any of the Common Area or Community Facilities except with the specific approval of the
Board of Directors and then only on a temporary basis, and no Member shall engage or direct
any employee or agent of the Association on any private business of the Member during the
hours such employee or agent is employed by the Association, nor shall any Member direct,
supervise or in any manner attempt to assert control over any employee or agent of the
Association.
(r) All fences constructed within the Property shall be in accordance with
the Design Guidelines.
(s) Bed sheets, plastic sheets, newspapers, plastic storm windows or other
similar window treatments shall not be hung or placed in or on any window of any dwelling
within the Property.
(t) Children's play and similar equipment shall not be allowed to remain
overnight within any front yard of any dwelling or within the Common Area.
35
(u) Children's outdoor permanent playhouses and swinging or climbing
apparatus or equipment shall be permitted within the Property with the prior written approval
of the Architectural Review Entity pursuant to Article 15 of this Declaration. Such
equipment, playhouse(s) and/or apparatus shall be properly maintained at all times.
(v) No drying or airing of any clothing or bedding shall be permitted
outdoors at any time. Clothes -hanging devices such as lines, reels, poles and frames are
prohibited.
' (w) No garage or outbuilding properly erected on a Single -Family
Detached Lot shall at any time be used for human habitation, temporarily or permanently, nor
shall any structure of a temporary character be used for human habitation. No garage may be
altered, modified or changed in any manner which would inhibit or in any way limit its
function as a parking area for vehicles without the prior written approval of the Architectural
Review Entity pursuant to Article 15 of this Declaration. Notwithstanding the foregoing, any
Single -Family Detached Lot owned by the Declarant or any Participating Builders upon
which is situated a dwelling unit in which the garage has been modified to serve as living
area shall be exempt from this paragraph and any grantee of the Declarant or a Participating
Builder, and such grantee's successors and assigns, shall also be exempt until such time as
the garage is restored or a garage is constructed on such Lot.
(x) Except for parking within designated parking spaces, parking of
vehicles within the Common Area is prohibited.
Section 17.3. Parking. Parking within the Property shall be subject to the
following restrictions:
(a) The Association shall be entitled to establish supplemental rules
concerning parking and traffic control on all or any portion of the Common Area and Lots,
including, without limitation, providing for the involuntary removal of any vehicle violating
the provisions of this Declaration and/or such rules.
(b) Except as provided in this Section 17.3, Common Area parking
spaces shall be deemed unassigned and designated for general use, to be used on a "first
come, first served" basis. Subject to applicable law, however, the Board of Directors may
assign all or any portion of these parking spaces as "reserved" for the exclusive use of
designated Owners. No vehicle belonging to any Owner, or to any tenant, guest, invitee or
family member of any Owner, shall be parked in a manner which unreasonably interferes
with or impedes ready vehicular access to any adjoining parking space.
(c) Each Owner shall comply in all respects with such supplemental rules
which are not inconsistent with the provisions of this Declaration which the Board of
Directors may from time to time adopt and promulgate with respect to parking and traffic
control within the Property, and the Board of Directors is hereby authorized to adopt such
rules. The location of any Common Area parking space assigned to any Owner in
36
accordance with this Section may be changed by the Board of Directors, at any time and from
time to time, upon reasonable notice thereof in writing. The Board of Directors reserves the
right to assign and reassign Common Area parking spaces if necessary to fulfill federal, state
or local laws, including, without limitation, the Fair Housing Amendments Act of 1988, as
amended, and any Owner requested to relinquish his or her reserved Common Area parking
space shall promptly comply with such request; provided, however, that if another reserved
Common Area parking space is not made available to such Owner, the Board of Directors
shall reimburse such Owner for any monies previously paid by such Owner, if any, to acquire
such reserved Common Area parking space.
(d) The Declarant, its successors and assigns, and its nominee or
nominees and any agents, servants and/or employees thereof shall be exempt from the
provisions of this Section 17.3.
Section 17.4. Leasing and Transfers. No portion of a dwelling unit, other
than an entire dwelling unit, may be leased or rented unless the prior written approval of
the Covenant Committee or the Board of Directors is obtained. All leases shall be on
forms approved by the Association and shall (i) contain provisions advising the tenant of
his or her obligation to comply with all provisions of this Declaration, the Bylaws and the
rules and regulations of the Association, and (ii) provide that the Association shall have
the right to terminate the lease upon default by the tenant in observing any of the
provisions of this Declaration, the Bylaws or rules and regulations of the Association, or
of any other document, agreement or instrument governing the dwelling units and/or the
Property. The Owner(s) of a leased Lot shall notify the Association in writing of the
Owners' current address. The Owner(s) of a leased or rented dwelling unit shall be
jointly and severally liable with his tenant(s) to the Association to pay any claim for
injury or damage to persons or property caused by any action or omission, including,
without limitation, the negligence of the tenant(s). Every lease shall be subordinate to
any lien filed by the Association, whether before or after such lease was entered into.
The minimum term any dwelling unit may be rented or leased shall be thirty (30) days,
and in no event may a transient tenant be accommodated in any dwelling unit.
Prior to the sale, conveyance or transfer of any Lot or dwelling unit to any
person, the Owner shall notify the Board of Directors in writing of the name and address of
the person to whom the proposed sale, conveyance or transfer is to be made and provide to it
such other information as the Board of Directors may reasonably require. Failure to comply
with the provisions of this Section shall not void, prohibit or otherwise invalidate the sale,
conveyance or transfer of any Lot or dwelling unit nor may it have any affect upon any
mortgage or deed of trust thereon.
Section 17.5. House Rules, Etc. There shall be no violation of any
reasonable rules for the use of the Common Area or Community Facilities, or "house rules"
or other community rules and regulations not inconsistent with the provisions of this
Declaration, including, without limitation, rules providing for the involuntary removal of any
37
vehicle violating the provisions of this Declaration, which may from time to time be adopted
by the Board of Directors of the Association and promulgated among the membership by the
Board in writing, and the Board of Directors is hereby authorized to adopt such rules and
regulations. To adopt such rules and regulations, the Board of Directors must provide a copy
of the proposed rule(s) or regulation(s) to each Owner not less than ten (10) days prior to the
Board of Directors meeting at which such rule(s) or regulation(s) are scheduled to be
discussed and/or adopted. If a majority of the Owners, in person or by proxy, appear at the
meeting and disapprove the proposed rule(s) or regulation(s), such rule(s) or regulation(s)
shah not be adopted or be effective. In order to be effective, the proposed rule(s) or
regulation(s) must be adopted by a resolution of the ]3oard of Directors at the aforesaid
meeting and a copy of the same provided to each Owner. Each Owner is responsible to
provide the tenants or other occupants of such Owner's Lot, if applicable, with a copy of such
rule(s) and regulation(s).
Section 17.6. Exemptions. None of the foregoing restrictions shall be
applicable to (i) improvements constructed by or to the activities of the Declarant and any
Participating Builders, and their respective officers, employees, agents and assigns, in their
development, marketing, leasing and sales activities within the Property, or (ii) to the
Association, its officers, employees and agents, in connection with the proper maintenance,
repair, replacement and improvement of the Common Area and Community Facilities.
Section 17.7. Participating Builders. The Declarant may, in its sole
discretion, assign its rights and exemptions, or any part thereof, under this Declaration to one
or more designated Participating Builders, subject to such conditions and limitations as may
be deemed necessary or desirable by the Declarant, including, without limitation, the
requirement that any assigned rights be exercised only during certain times, and limitations
on the duration of any such assignment. Any such assignment need not be recorded to be
effective, and may be revoked by the Declarant at any time, without cause, in the Declarant's
sole discretion.
ARTICLE 18
DECLARATION OF EASEMENTS AND RIGHTS
Section 18. L Declaration of Easements and Rights. The following
easements and rights are hereby declared or reserved:
(a) For a period of fifteen (15) years from the recordation of this
Declaration, Declarant reserves the right to grant easements, both temporary and permanent,
to all public authorities and utility companies over any part of the Common Area and
Community Facilities.
(b) Each Lot within the Property is hereby declared to have an easement,
not exceeding three feet (3') in width, over all adjoining Lots and Common Area for the
purpose of accommodating any encroachment due to engineering errors, errors in original
construction, settlement or shifting of the building, roof over -hangs, gutters, architectural or
38
other appendages, draining of rainwater from roofs, or any other similar cause. There shall
be valid easements for the maintenance of said encroachments so long as they shall exist, and
the rights and obligations of Owners shall not be altered in any way by said encroachment,
settlement or shifting; provided, however, that in no event shall a valid easement for
encroachment be created in favor of an Owner or Owners if said encroachment occurred due
to the willful misconduct of said Owner or Owners. In the event a structure on any Lot is
partially or totally destroyed and then repaired or rebuilt, the Owners of each Lot agree that
minor encroachments over adjoining Lots shall be permitted and that there shall be valid
easements for the maintenance of said encroachments so long as they shall exist.
(c) There is hereby reserved unto the Declarant (and its successors and
assigns to whom such easement has been specifically assigned in writing), for the benefit of
the real property shown on the Development Plan, and for the benefit of the Declarant and its
agents, a non-exclusive perpetual blanket easement upon, across and under the Property
(provided such easement does not encroach upon any building within the Property or
unreasonably interfere with the use and enjoyment of the Property), for vehicular and
pedestrian ingress and egress, curb cuts, slope, and grading easements, as well as for the
installation, replacement, repair and maintenance of all utilities, including, but not limited to,
water, sewer, drainage, storm water detention and/or siltation, gas, cable television,
telephones and electricity, and further including the right to connect to and use any such
utilities which may exist or be located upon the Property from time to time. By virtue of this
easement, it shall be expressly permissible to erect and maintain the necessary poles, pipes,
lines and other equipment on the Property, to affix and maintain electrical or telephone wires
and conduits, sewer and water drainage lines, on, above, or below any portion of the
Property, including any improvements constructed thereon, and to have construction
vehicles, equipment and the like exercise the aforesaid right of ingress and egress over the.
Property. There is further reserved unto the Declarant the right to erect entry features,
promotional and other similar items within the Property provided they do not unreasonably
interfere with the use, operation and enjoyment of the Property. There is further reserved
unto the Declarant the right to grant specific easements, both temporary and permanent, to
any person or entity, including all public authorities and utility companies, over any part of
the Property in furtherance of the blanket easement created by this subsection. Further,
without limiting the generality of the foregoing, the Declarant reserves the right to
unilaterally execute and record such additional easements and agreements as may be
necessary in order to give effect to the foregoing easements and other rights, which additional
easements and other agreements need not be consented to or joined in by any party having an
interest in the Property; provided, however, that if requested by the Declarant, any party
having an interest in the Property shall promptly join in and execute such confirmatory
easements and other agreements.
(d) The Property shall be subject to a non-exclusive, perpetual easement
and right of passage, for the benefit of the Association membership, for ordinary and
reasonable pedestrian ingress and egress over, across and upon any sidewalk, trail or pathway
(or the replacement thereof) constructed within the Property by the Declarant or any
39
Participating Builder that may reasonably be deemed to have been constructed or intended
for pedestrian use.
(e) An easement is hereby reserved to Declarant to enter the Common
Area and Community Facilities during the period of construction and sale within the
Property, and to maintain such facilities and perform such operations as in the sole opinion of
Declarant may be reasonably required, convenient or incidental to the construction and sale
of residences, including, without limitation, a business office, sales/leasing office, storage
area, construction yards, signs, displays and model units.
(f) Declarant also reserves the right 'to enter into the Common Area and
Community Facilities for the purpose of carrying out any obligations it may have, or assume,
with respect to the curing of any defects in workmanship or materials in the Property or the
improvements thereon. There is further reserved unto the Declarant and its agent(s) a non-
exclusive easement over, across and through all of the Common Area and Community
Facilities for the purpose of access, the storage of building supplies and materials and
equipment and, without any limitation, for any and all purposes reasonably related to the
completion of the development, construction, rehabilitation and repair of the Property.
(g) For a period of fifteen (15) years from the date of conveyance of the
first Lot, the Declarant reserves a blanket easement and right on, over and under the Property
to maintain and to correct drainage of surface water in order to maintain reasonable standards
of health, safety and appearance. Such right expressly includes the right to cut any trees,
bushes or shrubbery, make any grading of the soil, or to take any other similar action as may
be reasonably necessary, following which the Declarant shall restore the affected property to
its original condition as near as practicable. The Declarant shall give reasonable notice of
intent to take such action to all affected Owners, unless in the opinion of the Declarant an
emergency exists which precludes such notice. There is further reserved unto the Declarant
the right to grant specific easements, both temporary and permanent, to any person or entity,
including all public authorities and utility companies, over any part of the Property in
furtherance of the blanket easement created by this subsection.
(h) The rights and duties of the Association and the Owners with respect
to all public and/or private utilities serving and/or benefiting all or any portion of the
Property, including, without limitation, water, sewer, gas, electricity, cable television,
telephones, storm drains, down spouts, yard drains, and all pipes, wires, cables, conduits,
transmission lines and other related facilities and equipment (collectively, the "Utilities")
shall be governed by the following:
(i) Each Lot is hereby subject to a non-exclusive perpetual
easement and right of passage upon, across and under such Lot, for the benefit of the
Association and the Owners of all other Lots, for the installation, maintenance, repair,
replacement, inspection, operation and use of all Utilities. The Owner of any Lot and the
Association shall have the right, and they are hereby granted an easement and right of
passage to the extent necessary therefor, to enter upon or have a utility company enter upon
40
any portion of the Property in which the Utilities lie, to inspect, repair, replace and generally
maintain such Utilities.
(ii) The right granted in subsection (i) above shall be only to the
extent necessary to entitle the property of the Owner or Association serviced by the Utilities
to their full and reasonable use and enjoyment, and provided further that anyone exercising
such right shall be responsible for restoring the surface of the easement area so used to its
condition prior to such use.
(iii) In the event of a dispute between Owners with respect to the
repair or rebuilding of any Utilities, or with respect to the sharing of the cost thereof, upon
written request of one of such Owners addressed to the Covenant Committee, the matter shall
be submitted to the Covenant Committee, who shall decide the dispute.
(iv) Each Lot is hereby subject to an easement and right of
passage upon, across and under such Lot for the drainage and discharge of water from any
stone drain, down spout or yard drain situated on another Lot and the Owner of such Lot may
not alter or obstruct such drainage or flow of water to the detriment of any Lot or the
Common Area.
(i) The Association shall have an easement to enter any portion of the
Property for the performance of its duties hereunder; provided that such easement shall not
entitle the entry within the interior portion of any dwelling located on the Property, but (by
way of illustration only and not in limitation of the rights granted herein) shall permit the
entry into fenced, or other similar areas of the Property.
0) With respect to any step, patio, deck, down spout or yard drain or
other similar structure that may benefit any Lot and is constructed by the Declarant or a
Participating Builder and which may encroach upon any portion of the Common Area, thcrc
is hereby reserved for the benefit of the Lot that such step, patio, deck, down spout, drain or
other structure serves, a perpetual easement for the location, maintenance, repair and use of
such structure or items within the Common Area, but only to the extent that the Declarant's or
a Participating Builder's original construction thereof encroaches within the Common Area.
The Owner of the Lot benefiting from such easement agrees to maintain such structure or
item and to indemnify and hold the Association harmless from any loss, liability or damage
arising out of or resulting from the use, enjoyment and benefit of the easement granted
hereby.
(k) There is hereby created for the benefit of each Lot, which is enclosed,
in whole or in part, by any wooden, brick, stone or other similar fence and/or wall
constructed by the Declarant or a Participating Builder, a perpetual easement to use any
portion of the Common Area that may be located between such fence and/or wall and the
record platted lot line for such benefited Lot; and the obligation to maintain such portion of
the Common Area shall be that of the Owner of the benefited Lot and the obligation to
maintain the wooden, brick, stone, or other similar fencing located within the Common Area,
41
which encloses the benefited Lot, shall be that of the Owner of the benefited Lot. The Owner
of any Lot benefiting from the foregoing easement agrees to indemnify and hold the
Association harmless from any loss, liability or damage arising out of our resulting from the
use, enjoyment and benefit of the easement rights provided for herein.
(1) A mutual right and easement for utility services is hereby established
for the benefit of all Owners, such that no Owner shall take any action which would in any
way interfere with utility services being provided to other Owners within the Property. If a
Lot contains any utility pipes, ducts, conduits, wires or the like which are fpr the benefit, in
whole or in part, of other Owners within the Property, then the Owner of such Lot shall
promptly, at his expense, repair any damage to such utilities caused by the Owner, or such
Owner's tenants, lessees, agents, guests, invitees, licensees or family members.
(m) The Declarant reserves the right to modify or alter the size, number
and location of the Common Area, Community Facilities and Lots, as well as the
improvements thereon, as it deems necessary or desirable in conjunction with the
development of the Project. Without limiting the generality of the foregoing, the Declarant
reserves the right to re -subdivide all or a portion of the Project, to convey Common Area, to
modify the site plans, to construct improvements on the Common Area, and to take whatever
other action with respect to the Common Area, Community Facilities and the Lots as the
Declarant may deem necessary or desirable.
(n) The Association is hereby granted a non-exclusive easement and right
of passage on, through, over, under and across the real property shown on the development
plan to maintain, repair and replace any entrance features and improvements (and the
property upon which such entrance features and improvements are located) that are
constructed or installed by the Declarant or a Participating Builder and that are situated
within or appurtenant to and serving the Project.
Section 18.2. Association Easements. The Board of Directors of the
Association shall have the right to grant easements, rights -of -way, licenses and similar
interests over any part of the Common Area for any lawful purpose which the Board
determines, in its sole discretion, to be in the best interests of the Association.
ARTICLE 19
MAINTENANCE
Section 19.1. Owners' Maintenance. Except as otherwise specifically
provided in this Declaration, each Owner shall keep each Lot owned by such Owner, and all
improvements therein or thereon, in good order and repair and free of debris in a manner and
with such frequency as is consistent with good property management and the Community -
Wide Standard. In the event an Owner of any Lot in the Property shall fail to maintain the
Lot and the improvements situated thereon, the Association or its agent shall have the right to
enter upon said Lot to repair, maintain and restore the Lot and any improvements erected
thereon. The Association shall also have the right to enter the Lots to correct drainage.
42
Whenever entry is not required in an emergency situation, the Association shall afford the
Owner reasonable notice and an opportunity to cure the problem prior to entry. All costs
related to such correction, repair or restoration shall be collectible from the Owner of such
Lot in the same manner as Assessments as provided in this Declaration.
Section 19.2. Association Maintenance. The Association shall maintain,
repair and replace the Common Area and Community Facilities and shall keep the Common
Area and Community Facilities in good order at all times. This obligation shall include,
without limitation, (i) the maintenance, repair and, as necessary, replacement of any private
streets and parking areas within the Common Area, (ii) the maintenance, repair and, as
necessary, replacement of any pathways, sidewalks and walkways that are constructed or
installed by, or on behalf of, the Declarant or the Participating Builders within the Common
Area and/or Single -Family Detached Lots, provided that the Association shall not be
obligated to maintain, repair or replace any pathway, sidewalk or walkway leader, or portion
thereof, within any Single -Family Detached Lot that may reasonably be deemed to serve or
benefit only that Single -Family Detached Lot, and (iii) the removal of accumulated snow and
ice from within all private streets and parking areas within the Common Area and from all
pathways, sidewalks, walkways, or portions thereof, required to be maintained by the
Association pursuant to this Section. Further, the Association shall maintain, repair and
replace (i) any rights -of -way, entry strips, signage, and entrance features or improvements
that are situated within or that are appurtenant to and serve the Project, including, without
limitation, any landscaping and other flora and improvements situated thereon, and (ii) any
other real and personal property, facilities and equipment as the Association is obligated or
elects to maintain pursuant to this Declaration, or any lease, easement or agreement, or the
direction of any governmental authority or agency. The expenses of all such maintenance,
repair and replacement shall be a Common Expense of the Association, including, but not
limited to, reserves for the maintenance, repair and replacement of any such property or
improvements. The Association shall also maintain any portion of any Lot that it is obligated
to maintain pursuant to any easement or othcr agreement.
The Association shall be responsible for the maintenance, repair and
replacement of any storm water management area or facilities situated within the Common
Area, including, without limitation, drainage pipes, infiltration trenches, ponds, basins,
swales, berms, out -flow control devices, drainage areas, filters, inlets, oil/grit separators and
underground facilities, if any. The Association shall also be responsible for the maintenance,
repair and replacement of any such storm water management area or facilities which serve
and/or benefit the Property whether or not located within the Common Area if the
Association is responsible therefor pursuant to any easement, agreement or the direction of
any governmental authority or agency. Such responsibility may be in the form of
contributing the Association's share of the maintenance costs of any storm water management
area, facility or equipment pursuant to an easement or agreement which shall be a Common
Expense of the Association. The Board of Directors may enter into any such easements
and/or other agreements as the Board may deem necessary or desirable for purposes of
allocating and/or sharing the costs associated with the maintenance of any storm water
43
management areas, facilities and/or equipment which serve and/or benefit the Property. The
Association shall not refuse to accept the conveyance of any such storm water management
area, facilities or equipment from the Declarant.
Section 19.3. Lawn and Garden Area Maintenance.
(a) The Board of Directors may elect, in its sole discretion, to have the
Association assume such maintenance responsibilities with respect to all or a portion of the
Lawn .and Garden Area located within any Lot, group of Lots or all of the 1 ots as the Board
may deem necessary or appropriate, including, without limitation, responsibility for mowing,
fertilizing, trimming, pruning and/or otherwise maintaining all or any portion of the grass,
shrubs, bushes, trees, and other planted materials, and any replacements thereof, as may be
located within the Lawn and Garden Area. Maintenance of the Lawn and Garden Area by
the Association shall be with such frequency and in conformity with such standards as may
established by the Board of Directors from time to time. In the event the Board of Directors
elects to assume such maintenance responsibilities, all costs of such maintenance shall be
assessed only against the Owners of Lots that contain Lawn and Garden Area maintained by
the Association.
(b) Any Owner may request that the Association refrain from performing
all or a part of the Lawn and Garden Area maintenance described above. Such a request must
be made to the Association at least thirty (30) days prior to the date the Owner desires the
Association to refrain from such maintenance. The Association shall not unreasonably
withhold approval of such request, provided the Owner has demonstrated to the satisfaction
of the Association his or her intention to maintain the Lawn and Garden Area, as applicable,
in a manner acceptable to the Association. In the event an Owner elects to maintain the
Lawn and Garden Area situated on his or her Lot pursuant to the terms hereof, such Owner
shall not be entitled to any reimbursement from the Association or reduction in the
Assessments levied against such Lot.
Section 19.4. Additional Maintenance Responsibilities. The Board of
Directors may elect, in its sole discretion, to have the Association assume additional
maintenance responsibilities upon all or any portion of the Property. For example, and for
purposes of illustration only, such additional maintenance responsibilities could include
responsibility for the maintenance and repair of the exteriors of all or any portion of the
structures within the Property that contain townhouse units. In such event, all costs of such
maintenance shall be assessed only against those Owners residing within the portion of the
Property receiving the additional services. This assumption of responsibility may take place
either by contract (including, but not limited to a contract between the Association and any
Lot Owner or Sub -association within the Property), or because, in the opinion of the Board,
the level and quality of maintenance or service then being provided is not consistent with the
Community -Wide Standard of the Project.
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ARTICLE 20
INSURANCE
Section 20.1. Individual Coverage. By virtue of taking title to a Lot, each
Owner covenants and agrees with all other Owners and with the Association that each
individual Owner shall carry blanket all risk casualty insurance on the dwelling and all
structures located upon the Lot. At a minimum, such coverage shall provide coverage against
loss or damage by fire or other hazards in an amount sufficient to cover the full replacement
cost of any repair or reconstruction work in the event of damage or destruction from any
insured hazard. The Board of Directors of the Association, or its duly authorized agent, shall
have the authority to obtain insurance for all or any of the dwellings located on the Property,
unless the Owners thereof have supplied proof of adequate coverage to the Board of
Directors' satisfaction. The Board of Directors and the Association shall incur no liability to
any Owner or mortgagee in the event that the Board of Directors or the Association shall
elect not to exercise their authority to obtain such insurance for all or any of the dwellings
located on the Property. In the event the Board of Directors obtains insurance for any Lot or
dwelling unit pursuant to this Section, the cost thereof shall be assessed against the Lot
benefiting from such insurance and shall be collectible in the same manner as any other
Assessment under this Declaration. Each Owner further covenants and agrees that in the
event of a partial loss or damage and destruction resulting in less than total destruction to the
dwelling and other structures constructed on the Lot, the Owner shall proceed promptly to
repair or to reconstruct the dwelling and other damaged structures in a manner consistent
with the original construction. Each Owner of a Lot covenants and agrees that in the event
that such dwelling is totally destroyed, the Owner shall proceed promptly to repair or to
reconstruct the dwelling in a manner consistent with the original construction, unless
approval to do otherwise is obtained from the Covenant Committee or the Board of Directors.,
Section 20.2. Required Coverage. The Board of Directors of the
- Association, or its duly authorized agent, shail be required to obtain, maintain and pay the
premiums, as a Common Expense, upon a policy of hazard insurance covering the, Common
Area and any property required to be insured by the Association pursuant to any easement or
lease agreement (except land, foundation, excavation and other items normally excluded
from coverage) including fixtures and building service equipment, to the extent that they are
a part of the Common Area or Community Facilities of the Association or such other
property which the Association may insure, as well as common personal property and
supplies.
The hazard insurance policy shall afford, as a minimum, protection against
loss or damage by fire and all other perils normally covered by the standard extended
coverage endorsement, as well as all other perils which are customarily covered with respect
to projects similar in construction, location and use, including all perils normally covered by
the standard "all risk" endorsement, where such is available, and shall name the Association
as a named insured. The insurance should cover one hundred percent (100%) of the current
replacement cost (less a reasonable deductible) of the insured property. Coverage need not
M
include land, foundations, excavations or other items that are usually excluded from
insurance coverage. Unless a higher maximum amount is required pursuant to the law of the
State of Virginia, the maximum deductible amount for coverage of the Common Area and
Community Facilities is the lesser of Ten Thousand Dollars ($10,000.00) or one percent (10/0)
of the policy face amount. The funds to cover this deductible amount should be included in
the Association's operating reserve account.
Each hazard insurance policy must be written by a hazard insurance carrier
which has a current rating by the Best's Key Rating Guide of B/III ,pr better (or its
equivalent). Each insurer must be specifically licensed or authorized by law to transact
business within the State of Virginia. The policy contract shall provide that no assessment
may be made against the mortgagee, and that any assessment made against others may not
become a lien on the mortgaged Lot superior to the First Mortgage.
The hazard insurance policy must provide that the insurance carrier shall
notify the Association and each mortgagee named in the mortgagee clause in writing at least
ten (10) days before it cancels or substantially changes the Association's coverage. In
addition, each Eligible Mortgage Holder shall receive timely written notice of any lapse,
material modification or cancellation of any insurance policy covering the Common Area and
Community Facilities.
All policies of hazard insurance must contain or have attached the standard
mortgagee clause commonly acceded by private institutions as mortgage investors in the area
in which the mortgaged premises are located. The following endorsements are also required:
(i) an Inflation Guard Endorsement (if reasonably available); (ii) a Construction Code
Endorsement if the Common Area or Community Facilities are subject to a construction code
provision which would become operative and require changes to undamaged portions of any
structures, even when only part of a structure is destroyed by an insured hazard or peril, and
(iii) a Steam Boiler and Machinery Coverage Endorsement if any structure within the
Common Area or Community Facilities has central heating or cooling, which should provide
for the insurer's minimum liability per accident per location to be at least equal to the lesser
of Two Million Dollars ($2,000,000.00) or the insurable value of the structure(s) housing the
boiler or machinery.
If the Common Area or Community Facilities are located in a Special Flood
Hazard Area designated as A, AE, AH, AO, Al-30, A-99, V, VE, or V1-30 on a Flood
Insurance Rate Map, the Association must maintain a "master" or "blanket" policy of flood
insurance on the Common Area and Community Facilities. The amount of flood insurance
shall be at least equal to the lesser of one hundred percent (100%) of the insurable value of all
structures and improvements situated in such Special Flood Hazard Area or the maximum
coverage available under the applicable National Flood Insurance Administration program.
Unless a higher deductible amount is required under the laws of the State of Virginia, the
maximum deductible amount for flood insurance policies shall be the lesser of Five
Thousand Dollars ($5,000.00) or one percent (1%) of the policy's face amount. The funds to
46
cover this deductible amount should be included in the Association's operating reserve
account.
The Association shall obtain and maintain a comprehensive general liability
policy of insurance covering all of the Common Area, Community Facilities, public ways
and any other areas that are under the Association's supervision. The policy shall also cover
any commercial space owned by the Association, even if such space is leased to others. The
policy should provide coverage for bodily injury (including death) and property damage that
results from the operation, maintenance or use of the Common Area and Community
Facilities, and any legal liability that results from law suits related to employment contracts
in which the Association is a party. Supplemental coverage to protect against additional risks
should also be obtained, if required by a mortgagee. Such insurance policy shall contain a
"severability of interest" endorsement which shall preclude the insurer from denying the
claim of an Owner because of negligent acts of the Association or other Owners. Liability
coverage shall be at least Three Million Dollars ($3,000,000.00) per occurrence, for bodily
injury and property damage, unless higher amounts of coverage are required by a mortgagee.
The liability policy must provide that the insurance carrier shall notify the Association in
writing at least ten (10) days before it cancels or substantially modifies the Association's
coverage.
Section 20.3. Fidelity Coverage. To the extent reasonably available, blanket
fidelity insurance may be maintained by the Board of Directors for all officers, directors,
managers, trustees, employees and volunteers of the Association and all other persons
handling or responsible for funds held or administered by the Association, whether or not
they receive compensation for their services. Where the Board of Directors has delegated
some or all of the responsibility for the handling of funds to a management agent, such.
management agent shall be covered by its own fidelity insurance policy which must provide
the same coverage as fidelity insurance maintained by the Board of Directors. Except for
fidelity insurance that a management agent obtains for its personnel, all other fidelity
insurance policies should name the Association as the insured and should have their
premiums paid as a Common Expense by the Association. Fidelity insurance obtained by a
management agent shall name the Association as an additional insured. The total amount of
fidelity coverage required shall be sufficient to cover the maximum funds (including reserve
funds) that will be in the custody of the Association or management agent at any time while
the fidelity policy is in force, and should be at least equal the sum of three (3) months
aggregate Assessments on all Lots within the Association, plus any reserves. Fidelity
insurance policies should contain waivers by the insurers of all defenses based upon the
exclusion of persons serving without compensation from the definition of "employees", or
similar terms or expressions. The fidelity insurance policies should provide that they cannot
be canceled or materially modified (including cancellation for non-payment of premium)
without at least ten (10) days prior written notice to the Association.
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Section 20.4. Repair and Reconstruction of Common Area and Community
Facilities After Fire or Other Casualty. In the event of damage to or destruction of any
portion of the Common Area or Community Facilities covered by insurance payable to the
Association as a result of fire or other casualty, the Board of Directors shall arrange for the
prompt repair and restoration thereof, and shall disburse the proceeds of all insurance policies
to the contractors engaged in such repair and restoration, as appropriate. Promptly after a
casualty causing damage or destruction of any portion of the Common Area or Community
Facilities for which the Association has the responsibility of maintenance, repair, and/or
replacement, the Board of Directors shall obtain reliable and detailed estimates of the cost to
place the damaged portions of the Common Area or Community Facilities in as good a
condition as existed prior to the casualty. Such costs may include, without limitation,
professional fees and premiums for such bonds as the Board of Directors may desire.
ARTICLE 21
PARTY WALLS AND FENCES
The rights and duties of the Owners of the Townhome and Townhouse Lots
with respect to party walls and party fences constructed as a part of the original construction
on the Property shall be governed by the following:
Section 21.1. General Rules of Law to Apply. Any wall or fence which is
constructed as a part of the original construction on the Property and any part of which is
placed on the dividing line between separate Lots shall constitute a party wall or party fence,
as applicable, and with respect to such wall or fence, each of the adjoining Owners shall
assume the burdens, and be subject to an easement for that portion of the wall or fence on his
or her Lot, and be entitled to the benefits of these restrictive covenants. To the extent not
inconsistent herewith, the general rules of law regarding party walls and party fences and of
liability for property damage due to negligent or willful acts or omissions shall apply thereto.
Section 21.2. Sharing of Repair and Maintenance of Destruction by Fire or
Other Casualty. If any such party wall or fence is damaged or destroyed by fire or other
casualty or by some cause other than the act of one of the adjoining Owners, his or her
agents, or family (including ordinary wear and tear and deterioration from lapse of time),
then, in such event, both such adjoining Owners shall proceed forthwith to rebuild or repair
the same to as good condition as formerly, in proportion to their respective use of the party
wall or fence.
Section 21.3. Repairs of Damage Caused One Owners. If any such party
wall or fence is damaged or destroyed through the act of one adjoining Owner or any of his
or her agents or guests or members of his or her family so as to deprive the other adjoining
Owner of the full use and enjoyment of such wall or fence, then the Owner responsible for
such damage shall forthwith proceed to rebuild and repair the same to as good condition as
formerly, without cost to the adjoining Owner.
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Section 21.4. Damage by Exposure. If any party wall or fence is damaged
by reason of exposure to the elements caused by the negligence or intentional acts of the
Owner or occupant(s) of a Lot sharing the use of such party wall, the Owner of such Lot shall
be responsible for promptly repairing such party wall or fence at such Owner's sole expense.
Section 21.5. Encroachments. If any portion of a party wall or fence shall
encroach upon any adjoining Lot, or upon the Common Area by reason of reconstruction,
settlement or shifting of any building, or otherwise, a valid easement for the encroachment
and for the maintenance of the same as long as the wall or fence shall exist.
Section 21.6. Right to Contribution Runs with Land. The right of any
Owner to contribution from any other Owner under this Article shall be appurtenant to the
land and shall pass to such Owner's successors in title.
Section 21.7. Dispute. In the event of a dispute between Owners with
respect to the repair or rebuilding of a party wall or fence or with respect to the sharing of the
cost thereof, then, upon written request of one of such Owners addressed to the Association,
the matter shall be submitted to the Board of Directors who shall decide the dispute and the
decision of such Board of Directors shall be final and conclusive upon the parties.
ARTICLE 22
JOINT DRIVEWAYS
Section 22.1. General Rules Of Law To Apply. Any driveway which is built
or installed as part of the original construction within the Property and which is situated on
the property line between Lots or partly on one Lot and partly on another Lot or other Lots
shall constitute a joint driveway for the equal and common use and benefit of the Owners and
residents of such Lots and of other portions of the Property which such driveway is
reasonably designed to serve. To the Pxtent not inconsistent with the provisions of this
Article, the general rules of law regarding joint driveways and of liability for property
damage due to negligent or willful acts or omissions shall apply thereto.
Section 22.2. Maintenance. The Association shall maintain the joint
driveways in a good state of repair and in a safe and orderly condition. All determinations
regarding the need for and the extent of any maintenance, repair or replacement of the joint
driveways shall be made by the Board of Directors, in its sole discretion. Each Owner shall
permit such portions of the Owner's Lot as are located adjacent to a joint driveway to be used
as may be reasonably necessary on a temporary basis solely in connection with the
maintenance, repair or replacement of the joint driveway, including, without limitation, for
the temporary storage of materials and equipment. All costs associated with the
maintenance, repair and/or replacement of the joint driveways shall be shall be assessed by
the Association against all Members of the Association as part of the Annual Assessment
imposed upon all Members of the Association in accordance with this Declaration; provided,
however, that the Association may instead assess such costs directly against the Members
that directly benefit from such joint driveways, as determined by the Board of Directors in its
49
sole discretion. The Association may also establish a reserve fund for the substantial periodic
.repair and replacement of the joint driveways.
Section 22.3. Damage Caused by Adjoining Owners or Residents. If any
joint driveway damaged or destroyed through the act of an adjoining Owner or the residents
of such Owner's Lot, so as to deprive the other adjoining Owners or residents of the full use
and enjoyment of the party driveway, then the Owner and/or resident responsible for such
damage or destruction shall forthwith proceed to rebuild and repair the joint driveway to as
good condition as existed prior to such damage or destruction, without cost, to the adjoining
Owner or Owners.
Section 22.4. Easement and Right of Passage. There shall be a perpetual
and non-exclusive easement and right of passage on, through, over, under and across any
joint driveway reserved to and for the benefit of the Owners and residents of any Lot or Lots
upon which a joint driveway has been built or installed and any Lot or Lots which such joint
driveway has reasonably been designed to serve or benefit, for purposes of vehicular and
pedestrian ingress and egress to and from such Lot or Lots. No person shall in any way
interfere with the free and unobstructed use thereof by said Owners and residents.
Section 22.5. Private Alleys. This Article shall not be deemed to be
applicable to any private alleys within the Property that are, or will be, owned by the
Association as part of the Common Area, and such private alleys shall be subject to the
provisions of the Governing Documents regarding the maintenance, operation and use of the
Common Area.
Section 22.6. Dispute. Disputes between Owners with respect to the use of a
joint driveway shall, upon written request of one of such Owners addressed to the Covenant
Committee, be submitted to the Covenant Committee who shall decide the dispute.
ARTICLE 23
MANAGEMENT
Section 23.1. Management Agent. The Board of Directors may employ for
the Association a management agent or manager (the "Management Agent") at a rate of
compensation established by the Board of Directors to perform such duties and services as
the Board of Directors shall from time to time authorize in writing, including, but not limited
to, the following:
(a) to establish (with the approval of the Board of Directors of the
Association) and provide for the collection of the Assessments provided for in this
Declaration and to provide for the enforcement of liens therefor in a manner consistent with
the law and the provisions of this Declaration; and
(b) to provide for the care, upkeep, maintenance and surveillance of the
Common Area and Community Facilities; and
50
(c) to designate, hire and dismiss such personnel as may be required for
the good working order, maintenance and efficient operation of the Common Area and
Community Facilities; and
(d) to promulgate (with the approval of the Board of Directors of the
Association) and enforce such rules and regulations and such restrictions or requirements,
"house rules" or the like as may be deemed proper respecting the use of the Common Area
and Community Facilities; and
(e) to provide such other services (including legal and accounting
services) for the Association as may be consistent with law and the provisions of this
Declaration.
Section 23.2. Duration of Management Agreement. Any management
agreement entered into by the Association shall provide, inter alia, that such agreement may
be terminated for cause by either party upon thirty (30) days written notice thereof to the
other party. The term of any such management agreement shall not exceed one (1) year;
provided, however, that the term of any such management agreement may be renewable by
mutual agreement of the parties for successive one (I) -year periods.
Any Management Agreement entered into while the Declarant is in control of
the Association must be terminable, without cause, any time after transfer of control, on not
less than thirty (30) nor more than ninety (90) days notice, and no charge or penalty may be
associated with such termination.
ARTICLE 24
GENERAL PROVISIONS
- - Section 24.1. Common Area Responsibility. The Association, subject to the
rights of the Owners as set forth in this Declaration, shall be responsible for the exclusive
management and control of the Common Area, Community Facilities and any property, real
or personal, which the Association is delegated the responsibility for pursuant to any
easement or lease agreement, and all improvements thereon (including, without limitation,
furnishings and equipment related thereto, private drainage facilities and common landscaped
areas), and shall keep the Common Area, Community Facilities and such other property in
good, clean, attractive, and sanitary condition, order, and repair, pursuant to the terms and
conditions hereof. The Association shall accept title to any real estate or personal property
offered to the Association by the Declarant. The Association shall be responsible for
monitoring compliance with the requirements of any conservation easements and other
restrictions imposed on the Common Area by the governmental authorities, and for
periodically reminding the Lot Owners of these restrictions.
Section 24.2. Personal Property and Real Property for Common Use. The
Association may acquire, lease, hold, and dispose of tangible and intangible personal
property and real property, subject to the requirements of this Declaration. The Board of
51
Directors, acting on behalf of the Association, will accept any real or personal property,
leasehold, or other property interests within the Property conveyed to it by the Declarant.
Section 24.3. Implied Rights. The Association may exercise any other right
or privilege given to it expressly by this Declaration or the Bylaws or any lease, easement or
other agreement or document affecting the Association, and every other right or privilege
reasonably to be implied from the existence of any right or privilege given to it herein or
reasonably necessary to effectuate any such right or privilege.
Section 24.4. Limitation of Liability. The Association shall" not be liable for
any failure of any services to be obtained by the Association or paid for out of the Common
Expense funds, or for injury or damage to persons or property caused by the elements or
resulting from water which may leak or flow from any portion of the Common Area or
Community Facilities or other property within the control or supervision of the Association,
or from any wire, pipe, drain, conduit or the like. The Association shall not be liable to any
Member for loss or damage, by theft or otherwise, of articles which may be stored upon the
Common Area, Community Facilities or other property within the control or supervision of
the Association. No diminution or abatement of Assessments, as herein elsewhere provided
for, shall be claimed or allowed for inconvenience or discomfort arising from the making of
repairs or improvements to the Common Area, Community Facilities or other property within
the control or supervision of the Association, or from any action taken by the Association to
comply with any of the provisions of this Declaration or with any law or ordinance or with
the order or directive of any municipal or other governmental authority.
Section 24.5. Enforcement. Declarant, the Association, or any Owner, or
any Mortgagee of any Lot shall have the right to enforce, by any proceeding at law and/or in
equity, all restrictions, conditions, covenants, reservations, easements, liens, charges or other
obligations or terms now or hereafter imposed by the provisions of this Declaration, or the
Bylaws or the Articles of Incorporation, of the Association or any rule or regulation
promulgated by the Association pursuant to its authority as provided in this Declaration, the
Bylaws or the Articles of Incorporation. Failure by the Association or by any Owner or by
any mortgagee of any Lot to enforce any covenants or restrictions herein contained or any
provision of the Bylaws, the Articles of Incorporation or rules and regulations of the
Association shall in no event be deemed a waiver of the right to do so thereafter. There shall
be and there is hereby created and declared to be a conclusive presumption that any violation
or breach or attempted violation or breach of any of the within covenants or restrictions or
any provision of the Bylaws or the Articles of Incorporation of the Association cannot be
adequately remedied by action at law or exclusively by recovery of damages. If the
Association, or any Owner or Mortgagee of any Lot, successfully brings an action to
extinguish a violation or otherwise enforce the provisions of this Declaration or the Bylaws
or the Articles of Incorporation of the Association, the costs of such action, including legal
fees, shall become a binding, personal obligation of the Owner committing or responsible for
such violation, and such costs shall also be a lien upon the Lot of such Owner, provided that
the requirements of the Virginia Contract Lien Act, the Virginia Property Owners'
52
Association Act, or as may otherwise be provided under applicable law, are substantially
fulfilled.
Without limiting the generality of the foregoing, and in addition to any other
remedies available, the Association after reasonable notice, in writing, provided to the
Owner, may enter any Lot to remedy any violation of the provisions of this Declaration, the
Bylaws, Articles of Incorporation or rules and regulations of the Association provided,
however, that the Association may not enter the interior of any dwelling unit except in an
emergency. The costs of such action shall become a binding, personal obligation of the
Owner otherwise responsible for such violation and shall also be a lien upon the Lot of such
Owner.
Section 24.6. Fines. In addition to the means for enforcement provided
elsewhere herein, the Association shall have the right to levy fines against an Owner and such
Owner's guests, relatives, lessees and invitees, in the manner set forth herein, and such fines
shall be collectible in the same manner as any other Assessment such that the Association
shall have a lien against the Lot of such Owner as provided in this Declaration, the Bylaws
and the Articles of Incorporation, and such fine(s) shall also become the binding personal
obligation of such Owner.
(a) The Board of Directors or the Covenant Committee shall be charged
with determining if there is probable cause that any of the provisions of this Declaration, the
Bylaws, Articles of Incorporation or the rules and regulations of the Association, regarding
the use of the dwelling units, Lots, Common Area, Community Facilities or other Association
property, are being or have been violated. In the event that the Board of Directors or the
Covenant Committee determines an instance of such probable cause, the Board or the..
Covenant Committee shall provide written notice to the person alleged to be in violation, and
the Owner of the Lot which that person occupies or is visiting if such person is not the
Owner, of the specific nature of -the alleged violation and of the opportunity for a hearing
before the Board of Directors or the Covenant Committee upon a request made within five
(5) days of the sending of the notice. The notice shall also specify, and it is hereby provided,
that each recurrence of the alleged violation or each day during which it continues shall be
deemed a separate offense, subject to a separate fine not to exceed a reasonable amount
established by the Board for each offense. The amount of the fine shall be based upon the
costs and inconvenience caused to the Association and shall not be a penalty. The notice
shall also specify, and it is hereby provided, that in lieu of requesting a hearing, the alleged
violator or Owner may respond to the notice within five (5) days of its sending,
acknowledging in writing that the violation occurred as alleged and promising that the
violation will henceforth cease and will not recur, and that such acknowledgment and
promise, and performance in accordance therewith, shall terminate the enforcement activity
of the Association with regard to such violation.
(b) If a hearing is requested by the alleged violator or Owner within the
five (5) day period specified in Section 23.6(a) above, the Board of Directors or the Covenant
53
Committee shall hold the same, and shall hear any and all defenses to the charges, including
any witnesses that the alleged violator, Owner, the Board of Directors or the Covenant
Committee may produce. Any party at the hearing may be represented by counsel.
(c) Subsequent to any hearing, or if no hearing is timely requested and if
no acknowledgment and promise is timely made, the Board of Directors or the Covenant
Committee shall determine whether there is sufficient evidence of a violation or violations as
provided herein. If the Board of Directors or the Covenant Committee determines that there
is sufficient evidence, it may levy a fine for each violation in the amount provided herein.
(d) A fine pursuant to this Section shall be assessed against the Lot which
the violator occupied or was visiting at the time of the violation, whether or not the violator is
an Owner of that Lot, and shall be collectible in the same manner as any other Assessment,
including by the Association's lien rights as provided in this Declaration and the Bylaws.
Nothing herein shall be construed to interfere with any right that an Owner may have to
obtain from a violator occupying or visiting such Owner's Lot payment of the amount of any
fine(s) assessed against that Lot.
(e) Nothing herein shall be construed as a prohibition of or limitation on
the right of the Association to pursue any other means of enforcement of the provisions of
this Declaration, the Bylaws, Articles of Incorporation or rules and regulations, including, but
not limited to, legal action for damages or injunctive relief.
Section 24.7. Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provisions, which
shall remain in full force and effect.
Section 24.8. Duration and Amendment. Except where permanent
easements- or other- permanent. rights or interests are herein created, the covenants and
restrictions of the Declaration shall run with and bind the land for term of twenty (20) years
from the date this Declaration is recorded, after which time they shall be automatically
extended for successive periods of ten (10) years. This Declaration may be amended by an
instrument signed by, or the affirmative vote of, Owners entitled to cast not less than sixty-
seven percent (67%) of the total authorized votes of all Owners. Any amendment must be
recorded in the Land Records.
Section 24.9. Changes and Modifications by Declarant. The Declarant shall
have the right, for a period of fifteen (15) years following the date of recordation of this
Declaration, without the consent of the Members of the Association or any other party, to (i)
modify, amend or change any of the provisions of this Declaration as the Declarant may
deem necessary or desirable to correct errors or omissions herein, and (ii) amend this
Declaration, the Articles of Incorporation and the Bylaws of the Association, as the Declarant
may deem necessary or desirable, to change the name of the Association; provided, however,
that so long as a Lot is encumbered by a deed of trust or mortgage which is insured by FHA,
54
then FHA shall have the right to approve any material amendment, modification or change to
this Declaration.
Section 24.10. FHA Approvals. Provided that any Lot subject to this
Declaration is then encumbered by a deed of trust or mortgage which is insured by FHA, and
further provided that there are then Class B memberships of the Association outstanding,
neither the Members, the Board of Directors, nor the Association shall by act or omission,
take any of the following actions without the prior written consent or approval of the FHA, as
circumstances may require:
(a) change the basic organization of the Association including the
merger, consolidation, or dissolution of the Association; or
(b) dedicate, convey, or mortgage the Common Area; or
(c) annex additional properties (other than an annexation by the
Declarant as provided in this Declaration); or
(d) otherwise materially modify or amend any provision of this
Declaration, the Bylaws or the Articles of Incorporation of the Association.
Section 24.11. Casualty Losses. In the event of substantial damage or
destruction to any of the Common Area or Community Facilities, the Board of Directors of
the Association shall give prompt written notice of such damage or destruction to the Eligible
Mortgage Holders who hold First Mortgages of record on the Lots. No provision of this
Declaration or the Bylaws or the Articles of Incorporation of the Association shall entitle any
Member to any priority over the holder of any First Mortgage of record on his or her Lot with
respect to the distribution to such Member of any insurance proceeds paid or payable on
account of any -damage or destruction of any -of the Common Area or C'ornrriurity Facilities.
Section 24.12. Condemnation or Eminent Domain. In the event any part of
the Common Area or Community Facilities is made the subject matter of any condemnation
or eminent domain proceeding, or is otherwise sought to be acquired by any condemning
authority, then the Board of Directors of the Association shall give prompt written notice of
any such proceeding or proposed acquisition to the Eligible Mortgage Holders who hold First
Mortgages of record on the Lots. No provision of this Declaration or the Articles of
Incorporation or the Bylaws of the Association shall entitle any Member to any priority over
the holder of any First Mortgage of record on his or her Lot with respect to the distribution to
such Member of the proceeds of any condemnation or settlement relating to a taking of any
of the Common Area or Community Facilities.
Section 24.13. Notice to Eligible Mortgage Holders; Deemed Consent. The
Association shall give prompt written notice to each Eligible Mortgage Holder of (and each
Owner hereby consents to, and authorizes such notice):
55
(a) any condemnation loss or any casualty loss which affects a material
portion of the Common Area, Community Facilities or any Loi subject to a First Mortgage or
security interest held, insured, or guaranteed by such Eligible Mortgage Holder,
(b) any delinquency in the payment of Common Expense Assessments or
charges owed by an Owner whose Lot is subject to a First Mortgage or security interest held,
insured, or guaranteed, by such Eligible Mortgage Holder which remains uncured for a
period of sixty (60) days;
' (c) any lapse, cancellation, or material modification of any insurance
policy or fidelity insurance maintained by the Association or
(d) any other matter with respect to which Eligible Mortgage Holders are
entitled to notice or to give their consent as provided in this Declaration.
To be entitled to receive notice of the foregoing, the Eligible Mortgage
Holder must send a written request to the Association, stating both its name and address and
the Lot and Block designation or address of the Lot on which it has (or insures or guarantees)
the mortgage. Any Eligible Mortgage Holder or mortgagee who is notified of any matter for
which it is entitled to notice as provided herein (such notice to be delivered by certified or
registered mail, return receipt requested), and which fails to respond within thirty (30) days
of receipt of such notice, shall be deemed to have consented, if applicable, to the matter of
which the Eligible Mortgage Holder or mortgagee was provided notice.
Section 24.14. Declarant's Power of Attorney. Notwithstanding any
provision to the contrary contained in the Articles of Incorporation or Bylaws of the
Association or this Declaration, the Declarant hereby reserves for itself, its successors,
transferees and assigns, for a period of fifteen (15) years from the date of recordation of the
- - first Supplementary Declaration annexing all or any portion of the real property described in
Schedule A-1 hereto, or until it conveys title to the last Lot, whichever occurs first, the right
to execute on behalf of all contract purchasers, Owners, Eligible Mortgage Holders,
mortgagees, and other lienholders or parties claiming a legal or equitable interest in any Lot,
Common Area or Community Facilities, any such agreements, documents, amendments or
supplements to this Declaration, the Articles of Incorporation and Bylaws of the Association
which may be required by FNMA, FHA, VA, FHLMC, GNMA, or by Loudoun County,
Virginia, any governmental or ' quasi -governmental agency or authority having regulatory
jurisdiction over the Association, any public or private utility company designated by the
Declarant, any institutional lender or title insurance company designated by the Declarant, or
as may be required to comply with the Fair Housing Amendments Act of 1988, as amended,
to comply with the Act, or to comply with other applicable federal, state and local laws or
regulations.
(a) By acceptance of a deed to any Lot or by the acceptance of any other
legal or equitable interest in the Lots, Common Area or Community Facilities, each and
every such contract purchaser, Owner, Eligible Mortgage Holder, mortgagee or other
56
lienholder or party having a legal or equitable interest in any Lot, Common Area or
Community Facilities does automatically and irrevocably name, constitute, appoint and
confirm the ' Declarant, its successors, transferees and assigns, as attorney -in -fact for the
purpose of executing such agreement, document, amendment, supplement and other
instrument(s) necessary to effect the foregoing subject to the limitations set forth herein.
(b) No such agreement, document, amendment, supplement or other
instrument which adversely affects the value of a Lot, or substantially increases the financial
obligations of an Owner, or reserves any additional or special privileges for the Declarant not
previously reserved, shall be made without the prior written consent of the affected Owner(s)
and all owners of any mortgage(s) encumbering the Lots owned by the affected Owner(s).
Any such agreement, document, amendment, supplement or instrument which adversely
affects the priority or validity of any mortgage which encumbers any Lot, Common Area or
Community Facilities shall not be made without the prior written consent of the owners of all
such mortgages.
(c) The power of attorney aforesaid is expressly declared and
acknowledged to be coupled with an interest in the subject matter hereof and the same shall
run with the title to any and all Lots, Common Area and Community Facilities and be
binding upon the heirs, personal representatives, successors, transferees and assigns of any of
the foregoing parties. Further, said power of attorney shall not be affected by the death or
disability of any principal and is intended to deliver all right, title and interest of the principal
in and to said power of attorney. Said power of attorney shall be vested in the Declarant, its
successors, transferees and assigns until the initial conveyance of all Lots, Common Area and
Community Facilities planned to be annexed within the jurisdiction of the Association or the
expiration of same.
Section 24.15. Taxes and Assessments. It is the intent of this Declaration that
insomuch as the interests of each Owner to use and enjoy the Common Area (and any other
property to which such Owner may have a right of use and enjoyment) is an interest in real
property appurtenant to each Lot, the value of the interest of each Owner in such Common
Area (or other property) shall be included in the assessment for each such Lot and as a result,
any assessment directly against such Common Area (or other property if the Association is
responsible for the real estate taxes levied thereon) should be of a nominal nature reflecting
that the full value of the same should be included in the several assessments of the various
Lots.
Section 24.16. Successors of Declarant. Any and all rights, reservations,
easements, interests, exemptions, privileges and powers of the Declarant hereunder, or any
part of them, may be assigned and transferred (exclusively or non -exclusively) by the
Declarant by an instrument, in writing, without notice to the Association.
Section 24.17. No Dedication to Public Use. Nothing herein contained shall
be construed as a dedication to public use or as an acceptance for maintenance of any
Common Area or Community Facilities by any public or municipal agency, authority, or
61FA
utility and no public or municipal agency, authority or utility shall have any responsibility or
liability for the maintenance or operation of any of the Common Area or Community
Facilities. '
Section 24.18. Incorporation by Reference on Resale. In the event any
Owner sells or otherwise transfers any Lot, any deed purporting to effect such transfer shall
contain a provision incorporating by reference the covenants, restrictions, servitudes,
easements, charges and liens set forth in this Declaration.
' Section 24.19. Declarant Reserved Rights. No amendment to this
Declaration, the Bylaws or the Articles of Incorporation 'may remove, revoke, or modify any
right, reservation or privilege of the Declarant without the prior written consent of the
Declarant or any successors or assignees (pursuant to Section 16.17) of the Declarant.
Section 24.20. Perpetuities. If any of the covenants, restrictions, or other
provisions of this Declaration shall be unlawfully void, or voidable for violation of the rule
against perpetuities, then such provision shall continue only until twenty-one (21) years after
the death of the last survivor of the now living descendants of Elizabeth II, Queen of
England.
Section 24.21. Declarant Development. As long as the Declarant has an
interest in developing the Property or the Project, the Association may not use its financial
resources, directly or indirectly, to defray the costs of opposing any development activities
reasonably consistent with the general intention of the Development Plan, as amended.
Nothing in this Section shall be construed to limit the rights of Members to act as individuals
or in affiliation with other Members or other groups.
Section 24.22. Captions and Gender. The captions contained in this
Declaration are for convenience only and are not a part of this Declaration and are not
intended in any way to limit or enlarge the terms and provisions of this Declaration.
Whenever the context so requires, the male shall include all genders and the singular shall
include the plural.
IN WITNESS WHEREOF, the undersigned, being the DECLARANT herein, has
executed this instrument this day of , 2006.
58
WITNESS/ATTEST: DECLARANT:
ARCADIA-FIELDSTONE, L.L.C.,
a Virginia limited liability company, its
successors and/or assigns
By:
Name:
Title:
ASSOCIATION:
WHISPERING KNOLLS HOMEOWNERS
ASSOCIATION, INC., a Virginia nonstock
corporation
Name:
Title:
59
COMMONWEALTH OF VIRGINIA
COUNTY OF LOUDOUN, to -wit:
I HEREBY CERTIFY that on this day of , 2005, before me, a
Notary Public in and for the Commonwealth and County aforesaid, personally appeared
known to be (or satisfactorily proven) the authorized
representative of ARCADIA-WOODMAR, L.L.C., a Virginia limited liability company, and
who is authorized to do so, executed the foregoing instrument on behalf of such corporation
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
COMMONWEALTH OF VIRGINIA
COUNTY OF LOUDOUN, to -wit:
I HEREBY CERTIFY that on this day of , 2005, before me, a
Notary Public in and for the Commonwealth and County aforesaid, personally appeared
known to be (or satisfactorily proven) the President of
WHISPERING KNOLLS HOMEOWNERS ASSOCIATION, INC., a Virginia nonstock
corporation, and who is authorized to do so, executed the foregoing instrument on behalf of
such corporation for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
SCHEDULE A-1
DESCRIPTION OF REAL ESTATE INCLUDED IN
THE COMMON INTEREST COMMUNITY
Reference is hereby made to the [insert description of Record Plat], which plat is
recorded among the land records of Frederick County, Virginia in Plat Cabinet _, Slot
Pages , and which is incorporated by reference herein as part of Schedule
A-1. The real estate included in the common interest community includes, but is not
necessarily limited to, Lots 1-225, inclusive, and the Open Space designated on the
Record Plat.
61
SCHEDULE A-2
UNITS, UNIT BOUNDARIES, IDENTIFYING NUMBERS,'
EASEMENTS AND RIGHTS -OF WAY
1 Plat showiniz Units, Unit Boundaries and Identifying Numbers.
Reference is hereby made to the [insert description of Record Plat], which plat is
recorded among the land records of Frederick County, Virginia in Plat Cabinet Slot
, Pages , and which is and incorporated by reference herein as part of Schedule
A-2, and to which Record Plat reference is hereby made for a particular description of the
number of units contained in the Common Interest Community, the boundaries of each
such Unit, and the identifying number of each Unit.
2. Easements and Rights -of -Way.
In addition to the easements and rights -of -way set forth in Article 18 of this
Declaration, the common interest community is subject to the following easements and
rights -of -way:
A. Those easements and rights -of -way designated on the
above -referenced Record Plat.
B. Any easements and rights -of -way designated on any
subsequent modifications or revisions to the Record Plat.
62
NONE.
SCHEDULE A-3
LIMITED COMMON ELEMENTS
63
SCHEDULE A-4
REAL ESTATE WHICH IS OR MUST BECOME COMMON ELEMENTS
The real estate which is or must become Commbn Elements are:
(1) Any property designated as "Open Space" on the Record Plat.
(2) The following improvements, if constructed, may be included, within the real
estate which is or must become Common Elements:
(a)
Streets and roads;
(b)
Street lights;
(c)
Cluster mailboxes;
(d)
School bus shelters;
(e)
Street signs; and
(f)
Entrance gates and signs.
64
SCHEDULE A-5
PORTIONS OF COMMON ELEMENTS WHICH MAY SUBSEQUENTLY BE
ALLOCATED AS LIMITED COMMON ELEMENTS
Those portions of the Common Elements which may be subsequently allocated as
Limited Common Elements are all those Common Elements described on Schedule A-4.
RKI
SCHEDULE A-6
THE DECLARANT'S RIGHT TO ADD REAL ESTATE'
The Declarant's right to add real estate to the Common Interest Community
applies to any real estate contiguous or adjacent to the real estate described in Schedule
A-1,
SCHEDULE A-7
ALLOCATION OF INTERESTS
The allocation of interests among Units within the Common Interest Community
is as follows:
Units 1 through 225, inclusive: a 1/225t' interest each.
67
SCHEDULE A-8
RIGHT TO WITHDRAW REAL ESTATE
The Declarant reserves the right to withdraw from the real estate described in
Schedule A-1 any portion of real estate described in Schedule A-1 and any Unit or
proposed Unit, and any portion previously added and identified in Schedule A-6.
1. Applicant:
Name:
Greenway Engineering, Inc Telephone: 540-662-4185
Address: 151 Windy Hill Lane, Winchester, VA 22602
2. Property Owner (if different than above)
Name:
Arcadia Companies Telephone: 703-840-4585
Address: PO Box 1800, Leesburg, VA 20177
3. Please list names of all owners, principals, and/or majority stockholders:
4. Contact person if other than above
Name: Randy L. Kepler, PE, Greenway Engineering, Inc
Telephone: 540-662-4185
5. Name of Proposed Subdivision: Fieldstone -Section II Townhouses Phases 1 and 2
6. Number of Lots: 102
7. Total Acreage: 26.78 acres
8. Property Location: Highcliffe Drive off of Channing Drive
(Give State Route # and name, distance and direction from intersection)
6
9.
10.
11.
Magisterial District: Redbud
Property Identification Number (P.I.N.): 55-A-181
(Parent Tract)
Property zoning and present use: RP -vacant, unimproved
12. Adjoining property zoning and use:
USE ZONING
Now Vacant RP
East Vacant RP
South Vacant RP
West Single -Family RP
13. Has a Master Development Plan been submitted for this project? IlYes IINo
14. If yes, has the final MDP been approved by the Board of Supervisors? ElYes nNo
15. What was the Master Development Plan title? Fieldstone Subdivision
16. Does the plat contain any changes from the approved MDP? fates IlNo
17. If yes, specify what changes:
18. Minimum Lot Size (smallest lot): 2,000 SF
19. Number and types of housing units in this development: 102 Single -Family Attached Townhouses
I have read the material included in this package and understand what is required by the
Frederick County Planning Departm nt. I also understand that all required material will be
complete prior to bmis ' n of s' plan.
Signature:
Date: 10/8/12
10
GREENWAY ENGINEERING, w.
151 Windy Hill Lane
Winchester, Virginia 22602
Founded in 1971
October 8, 2012
County of Frederick
Department of Planning and Development
107 North Kent Street, Suite 202
Winchester, VA 22601
Attn: Mark Cheran, Zoning and Subdivision Administrator
Re: Fieldstone — Section II Townhomes Phases 1 and 2
Subdivision Plan Modifications
Dear Mr. Cheran:
D)i E CAE � lJ E
OCT 9 2012
A U1 UNITY
Pl.1�T.
Per our client's request, Greenway Engineering has completed minor subdivision plan modifications to the
approved Fieldstone — Section II Townhomes Phases 1 and 2 Subdivision Plan. Minor revisions have
been made to Lots 31 — 34 and the associated parking for these same lots. Also, the building composite
has been adjusted based on new product line from the builder.
Attached are 2 copies of the revised subdivision plan along with the subdivision plan application for your
review. Please review and let us know if any additional agency approvals are required or if any additional
information is needed for Subdivision Administrator approval.
Thank you for your assistance with this project.
Sincerely,
Greenway Engin eying, Inc.
Randy L. Kepler, PE
Cc: Carla Coffey — Arcadia Communities
Enclosures
Engineers Surveyors Planners Environmental Scientists
Telephone 540-662-4185 FAX 540-722-9528
www.greenwayeng.com
File #2160A/RLK/JM/dlm
November 14, 2012
Mr. Randy Kepler
Greenway Engineering
IS I Windy Hill Lane
Winchester, Virginia 22602
COUNTY of
Deparbnent of P'ub& Works;
FAIL: W678-O
RE: Fieldstone, Section II Townhouses - Phase 2 — Subdivision Plan Comments
Frederick County, Virginia
Dear Mr. Randy:
We have completed our review of the revised subdivision plan dated September 24, 2012
and offer no additional comments. Therefore, we recommend approval of the subject plan.
Sincerely,
Joe C. Wilder
Deputy Director of Public Works
JCW/rls
cc: Planning and Development
file
T:\Rhonda\TEMPCOMAIENTS\FIELDSTONE, SEC H TOWNHOUSES, PH 2 SUBD COM.doc
Document Approval Formi
OCT 9 2012 �, A
Fi, u1-ty 6h COU M
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS-Db&JM9N. f f7
YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF
YOUR APPROVAL.
IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL. PLEASE PROVIDE
COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED.
Initials Date & Time
Candice
ark
ana
Eric
Mike
John
COMMENTS:
Received by Clerical Staff (Date & Time):
(S:Office on Blackbox\Forms\Document Approval Form — 08/15/12)
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANSMITTAL
Project Name: Fieldstone -Section II Townhomes Phases 1 and
File No: 2160A
Date: Tues, Oct 9, 2012
To: FC Planning
Attn: Mark Cheran
Copied
Delivery: ❑ Fed Ex ❑ U.S. Mail
❑ Other
From: Randy Kepler/dlm
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
0 Courier ❑ Pick Up
❑ Urgent ❑ For Your Review ❑ As You Requested 2] Please Comment
Message
Mark,
Attached is the following for your review and comments:
-Cover letter regarding plan modifications for Lots 31-34
-Subdivision Application
Thank you for your assistance. Contact us with any questions.
I Hand Delivery and Pick Ups Only: I
Received by;
Please Print Name:
Date:
COUNTY of F»CK
Deft of PubBe Works
sou-s64
FAX: 540/678-M2
November 14, 2012
Mr. Randy Kepler
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Fieldstone, Section II Townhouses - Phase 2 — Subdivision Plan Comments
Frederick County, Virginia
Dear Mr. Randy:
We have completed our review of the revised subdivision plan dated September 24, 2012
and offer no additional comments. Therefore, we recommend approval of the subject plan.
Sincerely,
aL C 4/sax-
Joe C. Wilder
Deputy Director of Public Works
JCW/rls
cc: Planning and Development
file
T:\Rhonda\TEMPCOMMENTS\FIELDSTONE, SEC II TOWNHOUSES, PH 2 SUBD COM.doc
I 1�±% GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANSMITTAL
Project Name: Fieldstone -Sec II, Phases 1 & 2 Subdivision Plan
File No: 2160A
Date: Mon, Nov 19, 2012
To:
Attn:
Copied Carla Coffey -Arcadia
Delivery: [:] Fed Ex
Other_
El U.S. Mail
From: Randy Keplerldlm
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
R Courier [:] Pick Up
E] Urgent R] For Your Review E] As You Requested 0 Please Comment
Message
Mark,
Attached is the following for your review and commments:
4 copy of the subdivision plan approved by Public Works on November 14, 2012
-Copy of approval letter from Public Works dated November 14, 2012
As always, thank you for your assistance. Contact us with any questions.
0 - 2
FL, _
Hand Delivery and Pick Ups Only:
Received by: Date:
Please Print Name:
FREDERICK COUNTY SANITATION AUTHORITY
SITE PLAN REVIEW COMMENTS
PO Box 1877, Winchester, VA 22604-8377 540.868.1061 voice
315 Tasker Road, Stephens City, VA 22655 540.868.1429 fax
Project
59a. 'Iff- , ip" sqs
Applicant Z2 1—' LvA yt" a�JNr�NV
REVIEW STATUS attention J iqND r
review number
correct & resubmit approved as noted number of items to be corrected
approved You may submit just cover sheet and the revised sheets.
DRAWINGS
send me by
1. print of sheets
2. two CDs: each disc shall contain the following plan sheets /
a) One CD (containing all of the above noted sheets) shall be in PDF format. Each sheet shall
be in its own file and be in landscape orientation. Each file shall be titled with the project
name and appropriate sheet number.
b) One CD (containing all of the above noted sheets) shall be in DWG format. Each sheet shall
be in its own file and each sheet shall be titled with the project name and with the
appropriate sheet number. Each sheet shall (1) be in landscape orientation, (2) be without
border, (3) be in state plane coordinate system NAD 83, and (4) be compatible with
AutoCAD 2006.
c) Each of the two CDs shall be labeled with its format and project name, and placed in its own
paper CD envelope.
EASEMENTS
tA copy of the recorded onsite water and/or sewer easement(s) is/are required.
A copy of the recorded offsite water and/or sewer easement(s) is/are required.
The easement document shall contain a plat and both shall be signed by the Authority.
The Authority requires specific language in its deed of easement. Contact this office to copy
of the form.
A copy of the recorded deed(s) of easement shall be received before service will be au,
OTHER
Y N This project also requires DEQ - Valley Region Office approval. CIZI
Y N This project also requires VDH — Lexington Field Office approval.
Y This project has a sewer pump station that FCSA will own. Title to the p on site
shall be granted to the Authority in fee simple absolute. Also, (1) a co EQ's
Certificate to Construct, (2) a copy of DEQ's Certificate to Operate, and (3) " `" """'"
the FCSA approved O & M manu are required. ese documents must be received before
service will be authorized.
Date: % Z� �� ,
Earl W. Wiley -E eering Assistant MAR 2012
GREENWAY ENGINEERING
k 151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANSMITTAL
Project Name: Fieldstone -Sec Il, Phases 1 & 2 Subdivision Plan
File No: 2160A
Date: Wed, Dec 5, 2012
To: FC Planning
Attn: Dana Johnston
Copied Carla Coffey -Arcadia
From: Randy Kepler/dlm
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail 0 Courier ❑ Pick Up
❑ Other
Urgent 0 For Your Review 2] As You Requested 0 Please Comment
Message
Dana,
Per your request, attached is the following for final review:
-3 copies of the revised subdivision plan per FCSA comments
-Copy of approval letter from FCSA dated November 26, 2012
-Copy of FCSA markup set
As always, thank you for your assistance. Contact us with any questions.
a
i
Hand Delivery and Pick Ups Only:
Received by: Date:
Please Print Name:
011f)
FINAL 'S'UBDIVISION PLAT
FIELDS TONE
SECTION TWO — PHASE TWO
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
AUGUST 15, 2006
ANH moo, 659
� Valk AIRY Road R�°
e
ONE'S' Sl TE
V107 MAP
=�
OWNERS CERTIFICATE
THE ABOVE AND FOREGOING DED10477ON OF A POR17ON OF THE LAND OF ARG 1A
DEVELOPMENT CO. , AS APPEARS ON THE ACCOMPANYING PLATS, IS WI7H THE FREE
CONSENT AND /N ACCORDANCE WITH THE DESIRES OF THE UNDERSIGN® OWNERS,
PROPRIETORS. AND TRUSTEES, IF ANY.
a ,4 ., ^^..,� co.
28P
COMMONWEALTH OF 41RG1 IA
-GRY-,/ COUNTY OF TO WT.
THE FOREGOING OWNER'S CER77RCATE WAS ACKNOWLEDGED BEFORE ME THIS /f DAY
OF L)Qk Jl ar 2006 BY 8 b Pam, �I CWA
NOTAR PUBLIC
MY COMMISSION EXPIRES Kbw� SQ Zcaotp
NOTE.•
PARENT TAX PARCEL /DENTIRC4710N
ARCi4014 DMOPMENT CO. TM, 55 A-181 39.2623 ACRES.* ZONE RP USE- VACANT
SURVEYOR'S CERTIFICATE
l HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS FINAL SUBOMSION PLAT /S
A PORTION OF THE LAND CONVEYED TO AR004 DEVELOPMENT CO. BY DEED DATED
MARCH 21, 2002 OF RECORD IN 7HE FREDERICK COUNTY CIRCUIT COURT CLERK'S
OF17CE AS INSTRUMENT NO. 020004815.
APPROVALS.
CO. AUIHORIIY
yl,Q
PNffA7W 07E
,a
V!qpnMNSPORTA770N
A1015-12—,
2T4,-qf:?
Slay ADMIN /a4TE
A ON G. BLY
No 2619
9I�5
GREENWAY ENGINEERING
Hill Lane
he uginia 22602
Telephone: (540) 662-4185
Foundcd in 1971 FAX. (540) M 9528
www.grrenwayvng.com
2180A SHEET 1 OF 18
250 0 125
�S
GRAPHIC SCALE
(IN FEET)
- -- 0
--�
$ °IRF aeF' WU RACE Na P ASS"TX W
ae 6" PC &M
44r' M _ IRF 0 57.567 r
O
SECTION 2
PHASE 2 _ e
_SHEET INDEX SECTION TWO PhIASE TWO
1= COVER
2= INDEX AMP
3 THRU 5- NOTES, LINE TABLES, CURVE TABLES
6 THRU 9= DRAINAGE AND Ul?LITY EASEMENTS
10= LOTS 31 THRU 39
11= LOTS 40 THRU 48
12- LOTS 49 THRU 52
13= LOTS 53 THRU 62
14= LOTS 63 THRII 73
15= LOTS 74 THRU 82
16- L07S 83 THRU 89
17- LOTS 90 THRU 96
18= LOTS 97 THRU 102
FINAL SUBD/I/ISION PLAT
FIELDSTONE
SECnON TWO — PHASE TWO
to
r Z�
-X.
TM 55-d-16W -
/tMEW C MCM9E
MINDW u MCfMUE
go 959 PC fast
"0 50.00) /
NESA E OF
7M 55 A-181
AM" MaOIpN1W 00.
ffff.. ME 02000/815
2257JI AC (REIfOAM)
SECTION 2
PHASE 1
UNE WA am SHEET ONLY)
LINE
BEARING
DISTANCE
L 1
S 32'07'33' W
149.70'
L2
S 41'46 35 E
157.36'
L3
S 65'1675 E
454.72'
L4
N 86'5725' E
27 8787'
L5
N 82'56'10' E
274.21'
L6
S 03*01'21' W
161.46'
L7
N 8424'31 " W
69.95'
L8
S 54'25'55' W
71.79'
L9
N 78'19 f0' W
202.12'
L 10
N 04'49'37' E
I 38Z78'
L11
N 1732'22' W
I386.76'
RED BUD A64GISTERM DISTRICT, FREDERICK COUNTY WRGINM
SCAM 1" = 250' 1 DATE: AUGUST 15, 2006
GREENWAY ENGINEERING
151 Wu* Hill Zane
E►;ginters Wimchester, Vusbda 22602
sl'Drs Tekphone: (540) 662-4185
FAX (540) 722-9528
Founded in 1971 www.gwenwayeng com
1i
kO
N G. BLY. 2b19
2160A SHEET 2 OF 18
-LEGEND,-
ARF - 1/2' MON REM FOOD
Latm OTm9rA E' N01EA
® - 112' IRON REM & CAP SET
14VLESS OINERMu£ NOTED
iPF - AM PIPE f01NrD
SIZE AS NOTPD
BMM - BUIlDW RE5IRIICTION LAE
PER ZONING ORDINmer
- cwmw
• - POINT (U MMAO MODEM)
R/W- RMW OF WAY
T?'P.- TYPRIAL
PHASE 2 SUMMARY
AREA AN RAGHT OF WAY - 0.0000 ACRES
AREA AV LOTS - 51 6640 ACRES
AREA IN OPEN SPACE - I l.025? ACRES
PEA W 2 70M AREA - M002 ACRES
®SOff
DISTANCE EASEMENT
(LINE TAME Ef—£4)
DRAINAGE EASEMENT N
(LINE TABLE E5-E25) cn
r - HATER EASEMENT
- WATER AND SANITARY SEM EASEMENT
t RW MECI) 1 AND
- INGRESS EGRESS EASEMENT (NO M7CHM)
(LINE TABLE E72-E108 AND
CLM TABLE EC2—£C17)
AREA TABULAnay
EX 55-A-181 OROWL) - 39.2623 A076
LETS PH4SE 2 TOTAL - -1 6892 A070
FAEOW OF TA 55-,A-181 - 225731 ACRES
(BY ReTRACIl v)
NOTE
I. THE BOMENR1' WORAMIM S7,f W HEREON IS BASED ON A CLMW RELD SURVEY BY THIS
FIRM
2. NO TITLE REPORT FURNISHED. EASEMEMS AUY EXIST MICH ARE NOT &WWIH.
3. FIELDSTONE S1EC71ON TMV FhASE TWO SHOWN HEREON UES W MIN ZONE A, AN AREA OF
WITHIN 100 YEAR FLOOD, AND ZONE C, AN AREA OF MINA M FLOODING, PER N.FLP. FLOOD
INSURANCE RAM MAP No. 510063 0120 A WED JULY 17, 1978. THE APPROXIMATE LIMITS OF
SAID ZONE A ARE DEPICTED HEREON AS DETE1RMIAED BY ORAP W PL077WG UPON THE
REAMWED FLOOD ANSURAAME RATE MAP PANELS,
EASEMENT UNE LKTA
LINE
BEARING
DISTANCE
E1
S 68'59 34 W
47.57
E2
S 7712DO W
65.21
E3
S 85'4 12' W
190.18
E4
N 871534 W
51.45
E5
-
E6
-
-
E7
N WJ227' W
104.E
M
N 4 f 2 J3 £
20.00
E9
$ 4832 27 E
104.66'
E10
N 09'22'1I' E
75.93
Ell
N 04 5 56 E
324.32
EASEMENT LINE DATA (cont)
LINE
BEARING
DISTANCE
E12
N 68'3148 W
82.48
Eli
N 7702 57 W
98.22
E14
N 125703 E
20.00
E15
S 770 '57' E
99.71
E16
S.68'3f 48 E
98.90
E17
S 04'556' W
.02
E18
I S 097211 0 W
77.29
E19
I N 05'15 48 W
191.47'
E20
I N 82 50 43_a W
52.45
E21
I N 84'26' 2 W
305.Of
E22
I N 05*JJ'290 E
20.00
FINAL SU. BDMSION PLAT
FIELDSTONE
SECROONN TWIG - PHASE nvo
RED BUD U4GIS VW DISH IM, FREMICK COUNTY, VIRGIMM
SCALE: N/A I DATE: AUGUST 15, 2006
GREENWAY ENGINEERING
lZme
iiUchd
tsf. , ywga 22602
Telephone (.AI) 6624185
FAJ1G (540) M-95M
FowWod in 19n enrfrummm neon
X, o�
ON G. BLY
No. 2619
b1K(.,.,
216OA SHEET 3 OF 18
rACCUFNT IIMF I]ATA
LINE
BEARING
DISTANCE
E23
S 84 26'30' E
305.28'
E24
S 8YSO560 £
66.81'
E25
S 05'15'48' E
207.07'
E26
N 44 34 10 W
1117'
E27
N 04'49'37 E
200.85
E28
N 8510'22 W
6.49'
E29
N 04'4357' E
20.00'
E30
S 85'16'03" E
6.52'
E31
N 04'4937' E
148.35'
E32
N 494937' E
57.78'
E33
S 8703'39' E
19.55'
EN
N 4942'01 ' E
5.11'
E35
N 0756'21' E
6.19'
E36
S arOJ'390 E
345.55'
E37
S 075621' W
10.00,
E38
S 82'03 39' E
56.20
E39
N 0756 21 E
9.50'
E40
S 85*04'430 E
155.75'
E41
N 84'49 14' E
157.04'
E42
S 05'10 46' E
10.00'
E43
N 8449 14" E
20.64'
E44
S 05'10'46' E
20.00
E45
S 84*49'140 W
162.55'
E46
S 05'24'370 E
211.55'
E47
-
-
E48
N MOW" E
349.09'
E49
N 49'49'37' E
39.43'
E50
S 82'OX ' E
21.58
E51
N 0756 21 E
11.50'
E52
S 82'03'39' E
218.38
EW
S 075621 ' W
30.23'
E54
-
-
E55
S 0439 35 0 W
227.40
E56
S 18'19 40 E
125.94'
E57
N 18'19 40 W
119.83'
E38
N 04'39'35 E
209.97'
E59
N 852025 W
10.61'
E60
N 075621 E
40.40'
E61
S 8703'39" E
113.01 '
E62
S 075621' W
11.50'
E63
S 82'0339' E
20.00
E64
N 075621' E
11.50,
E55
S 82'03'39' E
139.44'
E66
N 84'49'14' E
22.49'
E67
S 05 2437 E
211.66'
E68
S 69*16'400 W
272.61 '
E69
S 56' 14 10 W
38.01
E70
N 5W 14 10' E
39.46'
E71
N 69'10 55' E
71.87'
E72
S 64 36'34 a E
9.50'
FASFAIFNT I INF QATA (cont-)
UNE
BEARING
DISTANCE
E73
N 62'0120" W
68.84
E74
N 04'49'37" E
15.00'
E75
N 85'1023' W
13.50'
E76
N 044937' E
320.50'
E77
S 85' 10'23" E
law,
E78
S 82703739 E
10.00,
E79
S 8703'39' E
13.54'
E80
S 82'03'39' E
10.00'
E81
N 89'0155' E
42.36'
E82
S 05'16'18' E
36.51 '
E83
S 05'09'44' E
18.50'
E84
S 8449'14' W
129.34'
E85
S 40'4536" W
13.56'
E86
S 1134'16' E
18.42'
E87
N 62'0120' W
70.17'
E88
N 04'49 37' E
7.17'
E89
N 04'49'37' E
16.67'
E90
N 14'45'09' E
2.34'
E91
S 82'03'39' E
236.53'
E92
S 39'47'05' E
13.44'
E93
S 04'49'37' W
10.00,
E94
N 1135'12" W
6.25'
E95
S 2714*07 E
3.40'
E96
N 33' 19 59' W
31.05'
E97
N 59 5356' E
10.12'
E98
N 14'53 56' E
10.45'
E39
N 292843' W
19.87'
E100
N 04'49'37' E
1.95'
Ef01
N 40'10'2J' W
11.21 '
E102
N 85'10 23' W
to 07'
E103
N WOW" E
2.40'
E104
N 04'49'37' E
0.89
£105
N 5126'13' E
13.29'
E106
S 82'03'39" E
185.93'
E107
S 48'0521' E
13.40
E108
5 01'15'47' E
16.67'
I INF n,4 M
UNE
BEARING
DISTANCE
L 1
S 68'00'24' W
6.92'
L2
S 61'3654' W
6.99'
L3
S 75' 10'30' W
16.45'
FINAL SUBDIVISION PLAT
FIELDSTONE
SECnoN TWO - PHASE TWO
RED BUD MAGISTERM DISTRICT, FREDERICK COUNTY, ORG/NIA
GREENWAY ENGINEERING
151 Windy Wdi Lane
Engin r WtnchWer, 1-bgbda 22602
stdveyTelephone: (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.Smenwayeng.com
0P
MN G. Bl;
No. 2619
81�s��t
2160A SHEET 4 OF 18
/U IAd Af- ANTI
CURVE
�RAOIUS
ARC LENGTH
DELTA ANGLE
TANGENT I
CHORD BE4WNG
CHORD LENGTH
Cl
528.00'
377.23'
40'56'05'
197.07'
S 72'40'07' W
369.26'
C2
32200'
OR 07'
49'28'45'
148.37'
S 76'5627' W
269.51'
C3
41.00'
59.50
83'08 48'
36 37'
N 36'44 47' W
54.41 '
C4
865.00
337.67'
2221 '59'
171.01
N OW2122' W
335.53'
C5
865.00
29.07'
015532'
14.54'
N IrJO'08' W
29.07'
C6
35.00
70.07
114'42'18'
54.63
N 37'5315 E
56.94'
C7
275.00
131.36'
2722'07'
66.96'
S 71-0433' E
130.11'
C8
915.43'
15.04
00'5629'
7.52'
S 575143' E
15.04'
C9
156.61
39.26'MQ27
19.73'
N 1245 32 W
39.16'
CIO
156.61
22.15'
11.10'
N 0f'3126 W
22. f4'
Cif
156.61
6.28'
3.14'
N O3'4041 E
6.28'
C12
-
-
-
-
-
C13
220.61'
22.04'
11.03'
S 0157'55' W
2203'
C14
220.61'
38.03'
19.06'
S 05'5007' E
37.99'
C15
220.61
3694'
09'3540
18.51 '
1 S 1711 '46" E
36 90'
C16
220.6P
24.61'
06'23'30'
12.31'
S 25-1121' E
24.60'
C17
220.61'
4.19
010537'
2.11'
S 28'5554' E
4.21'
C18
7300'
26.01
20'24 46'
13.14'
S 54'30'35 W
25.87'
C 19
73 00
LAY
24.15'
18'57'03'
1218
S 74-1130' W
24.04'
C20
00'
18.18'
14' f 6'20'
9.14'
N 89' 11 '49' W
18.14'
C21
477.00'
17.26'
0204'25'
8.63'
N 70rOR 51' W
f 7.26'
C22
477.00
37.45'
04'29 52'
18.73'
N 86'22 59' W
37.44'
C23
323.00'
6.81'
01'1228'
3.40'
S 03'54'16' E
6.81'
C24
323 00
11.94'
0207 02
5.97'
S 0534'02' E
11.94'
C25
277.00'
13.56'
0248 16'
6.78'
N 05'1325" W
13.56'
C26
277.00
2.52'
00'31'14'
1.26'
N 03'3340' W
2.52'
VS'E Uff CUM DATA
CURVE
RADIUS
ARC LENGTH
DELTA ANGLE
TANGENT
CHORD BEARING
CHORD LENGTH
EC
-
-
-
-
-
-
EC2
15.00'
19.97'
76'1724'
11,78'
N 63'3208' E
18.53'
EC3
24.57'
5.69'
13'16 19'
2.86
N 1844'41' E
5.66'
EN
35.58
77.25'
76'0435'
27.84'
N 2X56'13' W
43.85'
EC5
1 63.50'
74.09'
66'50 57"
41,91
N 283551 ' W
69.96'
EC6
4.50'
7.07
90.00 00"
4.50
N 40'10 23" W
6 36'
EC7
15.00'
14.04'
5737W
7.58'
N 68'00'50 E
13.53,
08
73.00'
3 95'
03'06'09'
1.98
N 4245'08' E
3.95'
EC9
4.51
7.56
96'04'55'
S 02
S 4253 06 W
6.71'
010
15,00'
24.28
9244 33'
15 74'
N 34'14 21' W
21.71'
MY
71.23'
95.71
7659 15'
56.65'
N 26'25'29' W
88.67'
EC12
27.00'
31.50'
66'50'57"
17.82'
N 283551' W
29.75'
EC13
27.00'
10.94'
2X12 30
5.54'
N 1621'24 E
10.86'
EC14
15.00
24.77'
94 37'35'
16.26'
S 20'04 41' W
22.05'
EC15
15.06'
2585
98'22'09' 1
17.43'
N 823635' W
22,79'
EC16
156 6T
26.07'
0932'14" 1
13 06' 1
S 244276' E
26.04'
017
536.50
72.79'
07*4624' 1
36.45' 1
S 85 5651 £
7273'
FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION 7W - PMSE TWO
RED BUD MAGISTERGLL OISMICT, FREOERICK COUNTY, WRGINM
SCALE: NIA I DATE: AUGUST 15, 20M
GREENWAY ENGINEERING
151 Windy MR Lane
SU&W" e P � ( 2-41 5
FAX (540) 722-9528
Founded in 1971 www.gmenwayeng.com
OF
2160A SHEER 5 OF 18
SEE SHEEP 9
.:.::::.:: LOT 43
£x ' • LOT 58
t�ei E28
�-� : s•_` LOT 44
LOT 57
LOT 45
LOT 56
c� LOT 46
e� ::J.. }
LOT 55
m` '' Mo- .•. W LOT 47
o� ='-:° LOT 54 _
W LOT 48
LOT 53
AND SWARY
�I
iSEMN ESAIT - LOT 49
OPEN SPACE
PROPOSED �.,''' v �1"
LOT 50
IX N6t��
` ' �'. LOT 51
SEW EW
06002055,
LOT 52
EX DRAM
IX WAM? E'W S - INS1R NO. 0600
N0. 060020551 19Ip� E4
H/pHC�4 I
'Ns mo. "") ,E C2
��51 IX WA1ER EW
WS7R. No. 060020551 PROPOSED srvT
DISTANCE ESA/T
'SEE SHEETS 3 THROUGH 5 FOR NOTES, LEGEND AND DATA TABLES:
50 0 501
GRAPHIC SG4LE
FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION 7W0 — PHASE TWO
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINLA
SCALE: i = 50' 1 TIM! AUC.iT4T f a 2nna
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, P'zWma 22602
Surveyn>s Telephone: (540) 662-4185
FAX (540) 722-9528
Founded in 1971 www.gnenwayergcoM
2160A SHEET 6 OF 18 1
SEESEE—SHEET 9
LOr 40
r Lor x —
�Wr41
LOT
LOT 42 ' LOT 83
Q LOT J7
LOT 84
Lor 45 � � ;' ---_- , �
tot as for
85
�-
Lor is FLorLOr
LOT 45 WATER AND
S MARY SEWER ESMT ' LOT Be
LOT 46 LOT J4
LOT 89
LOT 47 LOT m
LOT 48 LOT .;2 OPEN SPACE
LOT it
050
LOT 40 �', a•1£R 060°
OPIN SPIKE ./Es►o �`µst• �'
,
Lor 50 �
EX. WATER ESA/r
[oT 51 OCT. NQ 06002001
Df DPA#"r*E ESAIT
045T. Na. 0OW20MY
LOr 52 , v�
PROPOSED SMT
EX 14' NUTTER ESAR DISTANCE ESYT
iNST. N0. 060020551
'SEE SHEETS 3 THROUGH 5 FOR
NOTES, LEGEND AND Q4TA TABLES
FINAL SIJBDMS/ON PLAT
FIELDSTONE
SECTION 7M — PH4SE TWO
RED BUD MAGISTERIAL MSTRIC% FREDERICK COUNTY, WROM
9CAIE: 1 - 50 DATE: AUGUST 15, 2006
GRgENWAY ENGINEERING
151 Windy Rig lane
R'lnchester, Vuguu'a 22602
Tdephrnu: (540) 662-4185
FAX (540) 722-9528
Fows" in IM www4nwn*%lY&vcom
4N G. BLY
Wo.2619
IqI,5dov.
2180A SHEET 7 OF IS
0
N
Q
LOT 86
LOT 87
r
i
50 0 50
*SEE SHEETS J THROUGH 5 FOR NOTES; GRAPHIC SCALE
LEGEND ANO DATA TABLES fmi
FINAL SUPDIWSION PLAT
F/ELQSTONE
SECTION TWO - PHASE TiYiD
RED BUD ANC/SMML DS RICT, FREDEWK COUNTY. VIRGIN/4
.q ilfm- I nem, AiTaimp ir% 9-nnn
GROENWAY ENGINEERING
151 Windy Hill Lane
Wmdit w, 22602
Telephone: ( ) 66?4185
PAX • (540) 722-9528
Fa s&d WWI nww vvm ayaw rpm
2160A SHEET 8 OF 18
Ell
=OF RECORD vW-.
AV 040006449 Rl
IN
W-AW ?
AND SWARr
ESAff
SEE SHEET 8
ME Shiff M 3 MROUGH 5 FOR
AV= LEGEND AND WA MBLES.
AVOFUW WAMR AM
SANrARr SEM EASEMENT
LOT ei
tor
LOr 87
Lor ea
Wr 70
Wr 72:4
co Z7�
ro
.JLOT ?J
,
LOr 74
LOr 75
Wr 76
LOr .77
FINALS DIVISION PLAT
FIE L DS TONE
SECTION TWO — PHASE W
RED BUD U4GWUAL DIStTWT, FREDERrX COUNTY, WRGIN14
SCALE: v 'm 50DATE: AUGUST 15. 2006
/J7N GREENWAY ENGINEERING
15
1 \wuwy ]a Lane
Wkx&wer, Vvginia 22602 �4v, ft&nuwwmm Telephone: (54) 662-4185
FowWd in 1971 A": (-W) M-9528
uftw o"mprnv"u~-&.ywA
\CPON 0. ELY
No. 2619
A. 44-1- -.
SHM 9 OF 18
Et04-
40
W
41
42
� O
�.
L
'RE
cri
43
Z
44
EfOd•
PROPOSED.
INGRESS/
45
EGRESS
EASE WENT
46
47
48
49
I VE (PRNATE)
OPEN SPACE
E106 11.0252 ACRES
S 85'101 r E 120.0W'
�-� LOT 39 - 4480 SF
o N MOW, w 12ao0' �
LOT 38 - 2640 SF $
_$
I$
N 8V102r W 12G!o0' I
o, LOT 37 - 2640 SF $
8
i
I
I N 85'102r W 12 W' �03
I$ LOT 36 N 2640 SF 8
N 8S'fOW w 12Q00' � o
LOT M - 4480 SF
sE N 8rfo2r W 120100' 0.
W - �-El p0 S Qf' '102r E 12&55'
I LOT 34 - 4799 SF
x' Nano W 12855
gI�
Ikv
Fob LOT 33 - 2e28 sF
v o I
N WYO-07 W 129.42
8g3
�` LOT 32 - 28o4 sF
° N arlo2r w 12599'
`
°
LOT 3f 45 f 4 SF
$
y
N arlo , w
I M 14'
a
PROPOSED
INGRESS/
EGRESS
EASEMENT
87
88
89
OPEN SPACE GG
11.0252 ACRES � `JV I
51
*SEE SHEETS 3 THROUGH 5 FOR EC75
NOTES, LEGEND AND DATA CABLES
FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION TWO - PHASE TWO
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN44
SCMX: 1 = 40 DATE: AUGUST 15, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Vbgfnia 22602
Surveyors Tekphone: (540) 662-4185
FAX (540) 722-9528
Founded in 1971 www.greenwayeng:com
%%
40 `a 0 40
GRAPHIC SC&E (IN FEEL)
OF
rW
A N G. BLY
o. 2619
2160A SHEET 10 OF 18
C
n
U
G
o�--- 73
g� 74 75
o COBBLE STONE
(PRn•A7F) DRIVE
2 INGRESS/EG
E9f EASEME/yrR
S 8;S f0idaw-
62
' LOr 40 4480 SF
C 8i 10"1'9�' w 12ROb' ? 39
aS
I$ o,
(� LOr 41 —2640 sr. �j
W G N a fOiJ' IF f��� 11lu
38
g LOr 42 2640 Sr ' $ 3 M
59 o N Ai" f0 • Ur 1!1 C1..�
�2
�6� 37
LOT 43 44eo sF' ��
58 36
o N dls'fo w f2 go- Z
0 ,, Y
S �S lOiJ' E Max,
' LOr 44 4480 Sr
57 o N es'fo:w-
'' 1 Lor 40 ... 2640 SF 8�
o N arlovi:w f aor
56
34
w Lor 46 — 2640 SF
N 1013 w 122ty. c5 t� cn N
55 v 1 4Lor 47 o %
o
�N 10i3' 2648 rq
: _ w 121. to*
0
32
Lor 48 ti 4631 sF54
c N
53 0 p $'i 102j„ w 1?EL 13' N v � -', r.
n.-N
49
40 0 40
*SEE SHEETS 3 THROUGH S FOR
NOTES, LEGEND AND DATA TABLES. GRAPHIC SCALE (IN FEET)
FINAL SUBDIVISION PLAT
FIELDSTONE Im
SEC77ON 7W - PHASE Two s
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY VIRGINIA V�
a
SCALE: 1 — 40' DATE: AUGUST 15, 2006 JA ON G. BLY
GREENWAY ENGINEERING °1. 2619
WlnchTe ephw ejz(540b 2-402 t
Founded i„ z971 FAX (540) 722-9528
"'" w-gremwaYwt&com 2160A SHEET 11 OF 18
N
GJl
Ln
57
44
15 ,
56
46
55
47
54 -_
`— ' 48
53
0----------------
S Ai"f023' E 12f.07'
COBBLE LOT 49 N
4771 SF m
STONE
DRIVE �g
(PRIVATE) A+,r LOT 50
I ' o.�— Af AR-.�a,.....3041 Sr \
LOT Sj 3194At
SF
W)
a
N %0%
�C N 04'40'5r E LOT $j 5783 Sr-
E
SPACE s �� OPEN
fC10 11.0252 ACRES
a
HIGHCL/FFE DRIVE
56' R1'W (PUBLIC)
INS1R. NO. 060020551
*SEE SHEETS 3 THROUGH 5 FOR
NOTES, LEGEND AND DATA TABLES.
FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION TWO - PHASE TWO
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14
SCALE: 1 = 40 DATE: AUGUST 15, 2006
GREENWAY ENGINEERING
151 Wendy Hill Lane
Enginaers Wmcheatf,, Vuginia 22602
Surveyors Telephone: (540) 662-4185
FAX (540) M 91W
Fronded in 19n www.gremn%wng.com
GRAPHIC SCALE (IN FEET)
2180A SHEET 12 OF 18 1
S
W
Q
Q
OPEN SPACE
11.0252 ACRES
rol
it f1+RAD'
o
1 cor 6 N o8o s
N d'S101J�W 12000•
�. 40
2640 SF
$ I'---
N BS10Z.3'
`�__ w lzaae•
� ! �
° 41
Wr 60 ^' 2640 SF
g
- N�M'-o23:W f2at 0'
`� j
LO% 59 N 2840
o 42
`ov it 1.ago�
Ol 43
40 0 ' 40
*SEE MEETS 3 THRO" 5 FOR NOTE
LEGEND AND DATA TABLES. GRAPHIC SC&E (IN FEET)
FINAL SUBDIOSION PLAT
FIELDSTONE
SEC110N TIM - PHASE TWO
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14
SCALE: 1" - 40' 1 DATE: AUGUST 15. 2006
GREENWAY ENGINEERING
151 Windy 1YiQ Lane
Wmcheo r, Vu*nia 22602
Surny°rs Telephone: (540) 662-4185
PAX (540) 722-9528
Founded in 1971 www.Vmn%,ayen&com
2160A SHEET 13 OF 181
0
TV
cn
N 46'15'32' E 94.83'
) SAME AS SHEET 13f
OPEN SPACE
11.0252 ACRES
61 62
40
EM-
3
MERID14N OF RECORD
INSTR NO 040006449
No" LOT ej ' 5126 Sr
LOT 64 o
s o 278p jr SFLr $1
)0 50 1..E 2653 SF 8 00�
._ w faaae• �
LOT a 9 2640 SF $j�W
LOT87�
4480
'95 LOT 88
i k ti 4480 Sr
O
� s073"_wf
av'
1 LOr S. ~--
0 2640 SF
$ s orsef" w f ,
/11
LOT 7O - 2�`'-
o s ors6�f• w f , Sr
LOT71 ti2t�
o Sr
244SOltir�,.,.. ti 2640 SF
/44 e
o R LOT 73 4480 Sr
K DRIVE
ipRNA>E)
-1 ...................... . '
39 74 40 0 0 0
*SEE SHEETS 3 THROUGH 5 FOR
NOTES, LEGEND AND DATA TABLES GRAPHIC SCALE (IN fEET)
W
4�
4
Z�
W2
0
FINAL SUBDIVISION PLAT
FIELDSTONE
SEMON TWO — PMSE TWO
RED BUD MAGIVERW DISTRICT, FREDERICK COUNTY, WGINIA
ry,
4
SCALE: i = 40 DATE: AUGUST 15, 2000
IA ON G. BLY
GREENWAY ENGINEERING
�19
�,I�a�
Winchlartter,Vogbda 22602
S� Telephone: (540)662-4185
FAX (540) 722-9528
Founded in1971 www.greenwayengcom
2LSOA SHEET 14 OF 18
0
N
C rl
—1
U6
KINGSLEY
DRIVE
(PRIVA?E)
E
71
HAVERFORD
COURT
(PRIVATE)
�f MER04N OF REMW �
I MM NO 040006449 �
73
__j
J R LOr 74 44,60 Sr
�o LOT 75 N 2640 sF
LOr 78 2640 SF
�R Lor 77 N
4480 Sr
��.
t1 �
Lor %B 4110 SF
r"�..zf� E 1��•
LOT
N Off 2640 SF
LO
r2640SF
O 61 26-V Sr
LOT B2 _ 4424 sF
s orae��� w »�aer
*SEE SHEETS 3 THROUGH 5 FOR
NOTES, LEGEND AND 124TA TABLES
LZ
97
l4j
40 0
FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION TWO - PHASE TWO
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINM
SCALE: 1 - 40 DATE: AUGUST 15, 2006
GREENWAY ENGINEERING
151 Windy Hill Lane
Engincers WmchesW,, Virginia 22602
Surt'n�+ors Telephone: (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayev.com
GRAPHIC SCALE (IN FEET)
J rONBLY
9
2180A SHEET 15 OF 18
79 so
81 82
97 98 99
Cplee4E ST
<P'4"'4 AE DRIVE
Eigq �pE/V SP ANGRESS/EUMSS
°? CF E4589 Yr o
E85
(4AS i
4a8' 1N 2T E 2q1 qcr
�� �
.TB i
LOT w — 4480 SF ' m 96
S 88'4l w f2Ll00• R V --
0
LOT 84 N 2640 SF g' 95
o S 88.4l s7_w LgLOO'
8 o Oa- --
gI� LOT as .,. 2640 SF 94
o s 8r41$7" f2a o7• �W
$ LOT II 86 N 2652 SF ° --
93
"S LOT 87 2679 SF I $ 92
8B'4f37:W 12Z41' i
34 Z LOT .� ^, 2707 SF ',� , 91
s 88.411ST w 12.I89• --
r � LOT 89 � °��
46.Sg SF 90
S 86'Mr N-
OPEN SPACE N �
11.0252 ACRES
Ex. 060020551 evae!~ss/EGREss�1T. E
IKST. NR �FJ
HIGHCUFFE DRIVE
56' R/W (PU&X
W-M. NO. 06002=1
40 0 40
•SEE SHEETS 3 THROUGH 5 FOR
NOTES, LEGE1 0 AND DATA TABLES. GRAPHIC SCALE (IN FEET)
FINAL SUODMSION PLAT
FIELDSTONE
SECnW TWO - PHASE M ht.
RED BUD A/AM)WAL a WMT, fREOERICK COUNTY, VIRGINX
SCAT$: 1 • 40 DATE: AUGUST 15, 2006 N G. ELY
o.
GRIENWAY ENGINEERING 2619
151 Windy HIR#n Lane l�,A
Winchester', is 22602 Yro S21R
Telephone: (50)
P" (540) 722-9528
Fo,,,ufid in 1971 www.greenwoyeng co n 2160A SHEET 16 OF 18
81 82
97 98 99 100 101 102
sj
OPEN SPACE
11.0252 ACRES
„� COBBLE STONE DRIVE Ec9
(PRIME)
E85 E84
N MOW` E 120.19' v
83 M LOT 96 - 4525 SF
O K o ( S d,rX'10:W 122.21' . �Q
84 =� V .� i 13 LOT 95 - 2702 SF 8 I
_ s B3'3rI0' W 12140'
--- �� moo, - o
85 00 LOT 94 - 2728 SF 8
86 W LOT 2746 SF $ I
_ _ T-a45'1 S 8.T'36'10 _ W 124.83' of
87 8 I LOT 92 - 2745 SF
. I y
s er3e !o. _w 124.74'
88 I LOT 91 - 2743 SF 8 •`F g
s mri0:w 1a85'
69 LOT 90 N 4650 SF
z S MOO' W 124-W'
a OPEN SPACE
11.0252 ACRES
.-Ty, ,
J
EX.. INGRESS/EGRESS ESAIT
MIST. NO. 060020551
HIGiHCLIFFE DRIVE
56' R/W (PUBLIC)
INSTR. NO. 060020551
"SEE SHEM 3 THROUGH 5 FOR
NOTES, LEGEND AND WA TABLES
FINAL SUBDIVISION PLAT
FIELDSTONE
SECTION TWO - PHASE TWO
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14
1" -
Survey
Engineers
ors
Founded in 1971
DATE: AUGUST 15, 2006
GREENWAY ENGINEERING
151 Wwady Hill Lane
Winchesur, Vngbda 22602
Telephone: (540) 662-4185
FAX (540) 722-9528
www.gmnwayeng.com
AEWW OF
1M 55—A-181
ARC4M altMWPAAEMr, CO.
W. Ma 020004815
215751 AC (AIEMA NW)
GRAPHIC SCALE (IN FEET)
2180A SHEET 17 OF 18
14--m
81
MERMAN OF RECORD
PROPOSED tNM NO 04000"49
INGRESS/
EGRESS
EME)WHA VERFORD N o510" r w 12aiV OPEN SPACE
11.0252 ACRES
COURT :iV LOT 97 N 4480 SF "
�H o - S p51048s E 2640 SF
i $ ` LOT 98 N o
m +� S orio'46 E t2aoo'
to g LOT 99 N 2s4o SF
96 >� 100 264
Pig . *��
�+ LOT 0 SF %og
..� �$
� S i0'48' f 110i,O0' � '
10 lit� , LOT !01 N21140SF $:
o' rS.I N E 12aW
m !4 LOT 102 N 4480 SF
EC9
E83 EM S 0S10'46' E 110�00'
(1.40' OPEN SPACE,.
11,0252 ACRES �.
4:
s1.411'w�.
RES/DLAE OF
TM 55-A-181
AR04W DEVEt0 W&ff, CO
Oust. NO. 020004815
22.5731 AC (RD41N M)
*SEE SHEETS 3 THROUGH 5 FOR
NOTES, LEGEND AND DATA TABLES.
FINAL SUBDIVISION PLAT
FIELDSTONE
SEC77ON TWO - PHASE TWO
RED BUD WGIVER/AL DISTRICT, FREDERICK COUNTY, WRGINIA
SCALE: 1 - 40' 1 DATE: AUGUST 15, 2006
GREENWAY ENGINEERING
\47 ISI WirutyHtll Lane
Winchester, Yuslnfa 22602
Tekphom (540) 662-4185
FAX (540) M-9528
Founded in 1971 www.vemwayen&com
e
8
40 0 40
GRAPHIC SCALE (IN FEET)
40AS G. BLY
12619
61066
2160A SHEET 18 OF 18
VIRGINIA. FREDERICK COUNTY.SCT.
This instrument of writing was produced to me on
9417A-7 at 10 D0 PM
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec.58.1-dof
5.. -- ,and5&1-8015avebeenpaid,K ably
rAr ,
080001436 0
rn
N
THIS DEED OF DEDICATION, SUBDIVISION AND EASEMENT is made this
14J*4' day of 0--66aC , 2007, by and between ARCADIA DEVELOPMENT
CO., a California corporation (hereinafter referred to as the "Owner"); the BOARD OF
SUPERVISORS OF FREDERICK COUNTY. VIRGINIA, a body corporate and
politic (hereinafter referred to as the "County"); the FREDERICK COUNTY
SANITATION AUTHORITY, a body corporate and politic (hereinafter referred to as
the "Authority"); the VIRGINIA DEPARTMENT OF TRANSPORTATION, a body
corporate and politic (hereinafter referred to as "VDo ); FIELDSTONE
TOWNHOME ASSOCIATION. INC., a Virginia nonstock corporation (hereinafter
referred to as the "Association"); BANK OF AMERICA, N.A., a national banking
association (hereinafter referred to as the `Beneficiary"); PATRICIA I. DUBOIS,
Trustee; and LENKA E. LUNDSTEN, Trustee.
WITNESSETH:
WHEREAS, the Owner is the owner and proprietor of certain real property (the
"Property") as shown on the Plat of Jason G. Bly, L.S., dated August 15, 2006, entitled
"Final Subdivision Plat, Fieldstone, Section Two — Phase Two" and prepared by
Greenway Engineering of Winchester, Virginia, certified land surveyors (the "Plat");
which Plat was recorded in Instrument No. 070015356 among the land records of
Frederick County, Virginia, and made a part hereof; and
WHEREAS, the Property is subject to the lien of a certain Credit Line Deed of
Trust, dated May 18, 2007, and recorded in Instrument No. 070008206 among the land
0
rn
c.a
records of Frederick County, Virginia, wherein the Property was conveyed unto Patricia
I. DuBois, Trustee, and Lenka E. Lundsten, Trustee, in trust, to secure a certain
indebtedness, as more specifically set forth therein; and
WHEREAS, the Property is situate in the Red Bud Magisterial District, Frederick
County, Virginia; the Owner having acquired the Property by deed recorded in
Instrument No. 020004815 among the land records of Frederick County, Virginia; and
WHEREAS, it is the desire and intent of the Owner to subdivide the Property into
lots and parcels and a Residue in accordance with this Deed of Dedication, Subdivision
and Easement and the Plat and as hereinafter provided; and
WHEREAS, it is the desire and intent of the Owner to grant and convey unto the
Association the land identified as "Open Space" in the location shown on the Plat and as
hereinafter provided, and
WHEREAS, it is the desire and intent of the owner to grant and convey unto the
County, the Authority and VDOT the easements in the locations as shown on the Plat and
as hereinafter provided.
NOW THEREFORE, in consideration of the premises and the sum of One Dollar
($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Owner does
hereby subdivide the Property containing 39.2623 acres, more or less, into lots and
parcels to be known as "Open Space" and Lots 31 through 102, inclusive, Section Two —
Phase Two, Fieldstone, and a Residue of 22.5731 acres, in accordance with the Plat
-2-
0
rn
which is expressly incorporated herein and made a part of this Deed of Dedication,
Subdivision and Easement.
THIS DEED FURTHER WTIWESSETH that in consideration of the premises and
the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby
acknowledged, the Owner does hereby grant, dedicate and convey unto the Association,
in fee simple, "Open Space" containing 11.0252 acres, as shown on the Plat.
THIS DEED FURTHER WiTNESSETH that in consideration of the premises and
the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby
acknowledged, the Owner does hereby grant and convey unto the County, its successors
and assigns, the easements as hereafter set forth in the respective locations shown on the
Plat and incorporated herein by reference as follows:
DRAINAGE EASEMENT
Easement for the purpose of installing, constructing, operating, maintaining,
repairing, replacing, adding to, or altering present or future storm drainage ditches, lines,
or other drainage structures or facilities, plus necessary inlet structures, manholes, and
appurtenances for the collection of stone waters and its transmission through, across and
upon the Property, said easements being more particularly bounded and described on the
Plat.
The above -described drainage easement is subject to the following conditions:
1. All drainage lines and appurtenant facilities which are installed in the
easement shall be and remain the property of the County, its successors and assigns.
-3-
C:)
CT
CA
2. The County and its agents shall have full and free use of said easement for
the purposes named, and shall have all rights and privileges reasonably necessary to the
exercise of the rights granted in the easement, including the right of access to and from
the easement and the right to use adjoining land where necessary; provided, however, that
this right to use adjoining land shall be exercised only during periods of actual
construction or maintenance, and then only to the minimum extent necessary for such
construction and maintenance; and further, this right shall not be construed to allow the
County to erect any building or structure of a permanent nature on such adjoining land.
3. The County shall have the right to trim, cut and remove trees, shrubbery,
fences, structures, or other obstructions or facilities in or near the easement being
conveyed, deemed by it to interfere with the proper and efficient construction, operation,
and maintenance of said storm drainage lines, storm drainage facilities, and appurtenant
facilities; provided, however, that the County at its own expense shall restore as nearly as
possible, to their original condition, all land or premises which are disturbed in any
manner by the installation, construction, operation, and maintenance of said storm
drainage lines, storm drainage facilities, and appurtenant facilities. Such restoration shall
include the backfilling of trenches, the replacement of fences and shrubbery, the
reseeding or resodding of lawns or pasture areas within and outside the easement, and the
replacement of structures and other facilities located outside the easement, but shall not
include the replacement of structures, trees, or other facilities located within the
easement.
-4-
4. The Owner reserves the right to make use of the easement herein granted
which may not be inconsistent with the rights herein conveyed, or interfere with the use
of said easement by the County for the purposes named; provided, however, the Owner
shall comply with all applicable County ordinances and regulations, prior to placing any
building, roadway, other structure, or fence on the easement.
This easement shall be perpetual and shall run with the land.
This easement shall be binding upon the Owner, its successors and/or assigns and
shall inure to the benefit of the County, its successors and assigns.
This Deed further witnesseth that for and in consideration of the premises and the
sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby aclmowledged,
the Owner grants and conveys, in fees simple, to the County all appurtenances and
facilities located within the above -described drainage easement.
THIS DEED FURTHER WITNESSETH that in consideration of the premises and
the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby
acknowledged, the Owner does hereby grant and convey unto the Authority, its
successors and assigns, the easements as hereafter set forth in the respective locations
shown on the Plat and incorporated herein by reference as follows:
WATER AND SANITARY SEWER EASEMENT
Easement for the purpose of installing, constructing, operating, maintaining,
repairing, replacing, adding to, or altering present or future sanitary sewer lines, including
manholes, building connection lines and other appurtenant facilities for the collection of
-5-
M
-.J
sanitary sewage and its transmission through and across the Property as shown on the Plat
as well as an easement for the purpose of installing, constructing, operating, maintaining,
repairing, replacing, adding to, or altering present or future water mains, including fire
hydrants, valves, meters, building service connections, and other appurtenant facilities for
the transmission and distribution of water through and across the Property as shown on
the Plat, said easement being more particularly bounded and described on the Plat.
The above -described water and sanitary sewer easement is subject to the
following conditions:
1. All sewer lines, water mains, waterlines, and appurtenant facilities which
are installed in the easement shall be and remain the property of the Authority, its
successors and assigns.
2. The Authority and its agents shall have full and free use of said easement
for the purposes named, and shall have all rights and privileges reasonably necessary to
the exercise of the rights granted in the easement including the right of access to and from
the easement and the right to use adjoining land where necessary; provided, however, that
this right to use adjoining land shall be exercised only during periods of actual
construction or maintenance, and then only to the minimum extent necessary for such
construction and maintenance; and further, this right shall not be construed to allow the
Authority to erect any building or structure of a permanent nature on such adjoining land.
3. The Authority shall have the right to trim, cut and remove trees,
shrubbery, fences, structures, or other obstructions or facilities in or near the easement
-6-
being conveyed, deemed by it to interfere with the proper and efficient construction,
operation, and maintenance of said sewer lines, water mains, waterlines, and appurtenant
facilities; provided, however, that the Authority, at its own expense, shall restore as
nearly as possible to their original condition all land or premises which are disturbed in
any manner by the construction, operation, and maintenance of said sewer lines, water
mains, waterlines, and appurtenant facilities. Such restoration shall include the
backfilling of trenches, the replacement of fences and shrubbery, the reseeding or
resodding of lawns or pasture areas within and outside the easement, and the replacement
of structures and other facilities located outside the easement, but shall not include the
replacement of structures, trees and other facilities located within the easement.
4. The Owner reserves the right to make use of the easement herein granted
which may not be inconsistent with the rights herein conveyed, or interfere with the use
of said easement by the Authority for the purposes named; provided, however, the Owner
shall comply with all applicable County ordinances and regulations prior to erecting any
building, roadway, other structure, or fence on the easement.
This easement shall be perpetual and shall run with the land.
This easement shall be binding upon the Owner, its successors and/or assigns and
shall inure to the benefit of the Authority, its successors and assigns.
This Deed further witnesseth that for and in consideration of the premises and the
sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged,
the Owner grants and conveys, in fees simple, to the Authority all appurtenances and
-7-
facilities located within the above -described water and sanitary sewer easement.
THIS DEED FURTHER WITNESSETH that in consideration of the premises and
the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby
acknowledged, the Owner does hereby grant and convey unto VDOT, its successors and
assigns, the easements as hereafter set forth in the respective locations shown on the Plat
and incorporated herein by reference as follows:
SIGHT DISTANCE EASEMENT
A sight distance easement, as more particularly bounded and described on the
Plat, for the purposes of preventing obstructions to vehicular sight in conformance with
Virginia Department of Transportation ("VDOT') standards. The Owner, its successors
and/or assigns shall not place or permit on the Property fences, shrubbery, structures or
other facilities or vegetation ("improvements") within the bounds of said easement unless
such improvements shall not obstruct vehicular sight from any direction. A VDOT
review will be required for any plantings or improvements within said easement. The
right to enter and remove any obstructions for the purpose of maintaining clear sight
distance with such easement is hereby granted to VDOT.
This easement shall be perpetual and shall run with the land.
This easement shall be binding upon the Owner, its successors and/or assigns and
shall inure to the benefit of VDOT, its successors and assigns.
-8-
0
0
INGRESS/EGRESS EASEMENT
THIS DEED FURTHER WTINNESSETH that in consideration of the sum of One
Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Owner
does hereby create and establish an easement for ingress and egress for the use and
benefit of the Owner, its successors and/or assigns, as more particularly bounded and
described on the Plat. The Owner, successors and/or assigns shall be responsible for the
construction of the roadway within the easement. The Association shall be responsible
for the repair and maintenance, including snow removal, of the roadway within the
easement. The construction, repair and maintenance of the roadway and the easement
shall not be the responsibility of the County, the Commonwealth or VDOT.
This easement shall be perpetual and shall run with the land.
This Deed of Dedication, Subdivision and Easement is made in accordance with
the statutes made and provided in such cases including Section 15.2-2240 et 1%. and
Section 15.2-2264 et M. of the Code of Virginia, 1950, as amended; with the approval
of the proper authorities of the County of Frederick, Virginia, and the Virginia
Department of Transportation as shown by the signatures affixed to the Plat, and is with
the free consent and in accordance with the desire of Owner, the owner and proprietor of
the land embraced within the bounds of said subdivision.
FURTHER WITNESS the following signatures and seals:
-9-
N
ARCADIA DEVELOPMENT CO., a
California corporation
By.—Z�W
Name: ELI REINHARD
Title: PRESIDENT
STATE OF CALIFORNIA
COUNTY OF to wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby
certify that ELI REINHARD as PRESIDENT of ARCADIA DEVELOPMENT CO., a
California corporation, whose name is signed to the foregoing Deed of Dedication,
Subdivision and Easement, appeared before me and personally acknowledged the same in
my jurisdiction aforesaid.
GIVEN under my hand and seal this day of .2007.
see- o-V%26 od,
Notary Public
My Commission Expires:
0
J
CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT
State of California 1
county of .xW17 6- C lira ss.
on o�-F-nber a�, store me, C-7 i neL (-7omm It;ota -q Vc
0M j"� °�rd 71Y.d °`(.4.' DM Nury P46d7
personalty appeared EL
N+PwRI d 1
rsonally known to me
NrCoat 11�,.,0 6,vj Co roved to me on the basis of satistactory
""�"^^ ��``yy�� evidence
I* C'm a ra" 016M1i
tI ttlaml . Ca�farip
9111/o Ck" Coutatl
*Cfd11111►1 4FftAW2L
to be the person 4 whose name is/ere-
subscribed to the within instrument and
acknowledged to me that haAml hey executed
the same in his4isMikair� authorized
capacity(", and that by his/tw *eir
signatureKon the instrument the personXor
the entity upon behalf of which the person
acted, executed the Instrument.
WITNESS my hand and official se�l.
5iprexoo o19ry PUM
OPTIONAL
Though fbe InAumtim bebw is not required by lew, it may prove vahrabfe to persons,eyfDg on the document and could prevent
fnwcbJ@M re mKW and rmMo0 rw9 of fhrs roan to anodrer document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual r� d 1h m, mre
❑ Corporate Officer — Tide(s);
❑ Partner — ❑ Limited ❑ General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer is Representing:
O I999 NWmW NP19ry Aw cWJon • e960 D6 Sob Aw.. P.O. box 2M2 • ChMmo(1, CA 91316-2402 • ww.m nw-wy.oq PMd. No. 6907 Pp w cli Tw— 1 d0"764W
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FIELDSTONE TOWNHOME
ASSOCIATION, INC., a Virginia
nonstock corporation
By.
Name: NEIL REINHARD
Title: PRESIDENT
COMMONWEATH OF VIRGINIA
COUNTY OF LOUDOUN, to wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby
certify that NEIL REINHARD as PRESIDENT of FIELDSTONE TOWNHOME
ASSOCIATION, INC., a Virginia nonstock corporation, whose name is signed to the
foregoing Deed of Dedication, Subdivision and Easement, appeared before me and
personally acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seat this � day of 6--Wz r , 2007.
Notary Public
My Commission Expires: 4)p%olw 3P Ito \���111 a 1810ty,�
Eco�,�''%
PQ ' '140TAW ' •.lc�
PUBLIC
R£G =162W
MY COMMISSION ...
EXPIRES 4Le
ME
O
BANK OF AMERICAN, N.A., a national
banking association
By; - -
Qk-tc—
Name: NICOLAS A. TABORGA
Title: ASSISTANT VICE PRESIDENT
COMMONWEATH OF VIRGINIA
COUNTY OF a I&E&)C I. to wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby
certify that NICOLAS A. TABORGA as ASSISTANT VICE PRESIDENT of BANK OF
AMERICA, N.A., a national banking association, whose name is signed to the foregoing
Deed of Dedication, Subdivision and Easement, appeared before me and personally
acknowledged the same in my jurisdiction aforesaid. ,� """ "1
AIR
GIVEN under my hand and seal this day of9- 40%—�
;O
Notary Public ,. , ;',
My Commission Expires:
IIY7-a7-
f �rq.s XIIMIN1sM
-Iz-
0
u1
`-f kTRICIA I. DUBOIS, TRUSTEE
COMMONWEALTH OF VIRGINIA
COUNTY OF FA I IPPAY, , to -wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby
certify that PATRICIA I. DUBOIS, TRUSTEE, whose name is signed to the foregoing
Deed of Dedication, Subdivision and Easement, personally appeared before me and
acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seat this My"— day of =70 WM - 20,07..
otary Public �, ;1
My Commission Expires:
cawoN�ww�.n+a�i�wr�
srrco�wN01� s° m+I
-13-
0
rn
�4
LENKA E. LUNDSTEN, TRUSTEE
COMMONWEALTH OF VIRGINIA
COUNTY OF to NGFAIG . to -wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby
certify that LENKA E. LUNDSTEN, TRUSTEE, whose name is signed to the foregoing
Deed of Dedication, Subdivision and Easement, personally appeared before me and
acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this /4 day of PC." ASOC , 2007.
otary Public u . ,`r / ' �0
A.o
My Commission Expires:
MvOOMMMern aAMI
tra�eltt
VIRGINIA: FREDERICK COUNTY.SCC.
This instrument of writing was produced to me on
and with certificate acknowledgement thereto annettttti
was admitted to record. Twx imlxned by Sec. 58.1-Mdt
$ _N_ , and 58.1-801 have been paid, ifaseemoft
l -14-
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
December 14, 2012
Greenway Engineering
Attention:. Randy Kepler
151 Windy Hill Lane
Winchester, VA 22602
RE: Fieldstone - Section II Phase I & II: Subdivision Design Plan Review
PIN #55-A-181
Dear Randy:
This letter is to confirm that Fieldstone - Section I1 Phases I and II (revisions) has been approved for
minor revisions to lots 31-34 and associated parking for these same lots. This approval will replace
previous approved design plans. Attached are two (2) full sets of plans for your records and
distribution.
It is now appropriate for you to submit the final plats for this subdivision. Remember that
subdivision plats must reflect the approved subdivision plans.
have any questions, please do not hesitate to call me at (540) 665-5651
cc: Arcadia Companies, P.O. Box 1800, Leesburg, VA 20177
Attachment
DMJ/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
la rrabia -Wuilbiug Cammpaup
P.O. Box 1150, Purcellville, Virginia 20134-1150
Physical Address: 117 N. Bailey Lane, Purcellville, Virginia 20132
Phone: (540) 751-0321 • Fax: (540) 751-0431 MAY
1 2Cr j
May 5, 2009
Patton Harris Rust & Associates
117 East Piccadilly Street
Suite 200
Winchester, VA 22601
Attention: Mr. Patrick R. Sowers, AICP
Reference: Fieldstone - Opequon Crossing Interparcel Connection
Dear Mr. Sowers:
This letter is in response to your letter dated March 5, 2009 following the meeting between you, me, Don Miller of
Arcadia Building Company and Ron Mislowsky of your firm on March 3, 2009. The purpose of the meeting was
to discuss interparcel connection between your client's proposed Opequon Crossing project and Arcadia's existing
project, Fieldstone Section 2. Arcadia indicated we would be willing to entertain interparcel connection but would
expect compensation given the cost to construct Channing Drive and related site improvements, impact to our
project and the benefit your project would receive. PHR&A indicated your client was unwilling to participate in
the reimbursement of any costs incurred by Arcadia and would only be willing to pay for the cost to engineer and
construct the connection to your property. You also expressed an unwillingness to reimburse Arcadia for loss of
units but stated you would simply move them to other areas of the project. Arcadia does not see this as a viable
alternative given the site work performed to date. The meeting did not include discussions specific to the location
of the access point or traffic impacts anticipated by your clients proposed project. Without a traffic study or
preliminary engineering analysis we cannot assess the impacts to the Fieldstone project. Arcadia is willing to
continue discussions of extending Highcliffe Drive and offer the following preliminary proposal:
Arcadia would like your ciieni to reimburse us for a portion of the costs incurred to date for the
construction of Channing Drive as well as Highcliffe Drive. In addition, Arcadia would expect
Opequon Crossing to reimburse Arcadia for the loss of units involved, the negative impact to
Fieldstone, as well as the costs to re -engineer and construct the added improvements and/or
modification to existing improvements for Highcliffe Drive. It would be the responsibility of
Opequon Crossing to obtain the necessary approvals for this modification and pay for all the
engineering and legal fees for the drafting of a Development Agreement between the parties to
finish Highcliffe Drive. Arcadia will reserve the right to approve any proffer by your client that
will, in our sole opinion, impact our Fieldstone project.
As Arcadia has expended significant sums to provide this connection, and as we believe your community would
benefit from this additional access point, we think the above is a fair starting point for a development agreement
between the parties. Please contact us if your client desires to pursue further discussions on a potential
development agreement for an interparcel connection between our projects.
Patton Harris Rust & Associates
Fieldstone - Opequon Crossing Interparcel Connection
May 5, 2009
Page Two
Sincerely,
ARCADIA BUILDING COMPANY
Carla E. Coffey
Director of Planning & Engineering
cc: Mr. Michael T. Ruddy, AICP, Deputy Director - Frederick County Department of Planning and Development
Mr. Eric R. Lawrence, AICP, Director - Frederick County Department of Planning and Development
�arrabia. 3BW[bing Companp
P.O. Box 1150, Purcellville, Virginia 20134-1150
J U N 2 2 2009 Physical Address: 117 N. Bailey Lane, Purcellville, Virginia 20132
Phone: (540) 751-0321 • Fax: (540) 751-0431
s L
June 18, 2009
Patton Harris Rust & Associates
117 East Piccadilly Street
Suite 200
Winchester, VA 22601
Attention: Mr. Patrick R. Sowers, AICP
Reference: Fieldstone - Opequon Crossing Interparcel Connection
Dear Mr. Sowers:
This letter is in response to your submission of a Comprehensive Policy Plan Amendment ("CPPA") to Frederick
County on June 1, 2009. Arcadia obtained a copy of the CPPA from the County website yesterday and learned
PHR&A on behalf of their client The Canyon, LC was requesting a modification to the Eastern Road Plan to add a
minor collector road through Arcadia's Fieldstone Development. While we have previously met and exchanged
communications regarding a potential interparcel connection we have not come to an agreement.
Arcadia is in receipt of your letter dated May 29, 2009. Aside from the fact that we have wholly insufficient
information to adequately assess your proposed amendment, we can tell you that we have serious concern that an
interparcel connection will significantly and negatively impact the nature and character of the Fieldstone
Development as it was conceived, designed, constructed and marketed.
Arcadia is no longer interested in discussing a potential interparcel connection between Fieldstone and Opequon
Crossing. Should PHR&A continue processing the CPPA, which obviously impacts the Fieldstone development,
we will pursue all appropriate legal and administrative avenues to challenge the proposed amendment.
Sincerely,
,jADIA BUILDING COMPANY
d L. Miller
Chief Operating Officer
cc: Mr. Michael T. Ruddy, AICP, Deputy Director - Frederick County Department of Planning and Development
Mr. Eric R. Lawrence, AICP, Director - Frederick County Department of Planning and Development
Douglas L. Fleming, Jr., Esq.
Carla E. Coffey - Arcadia Building Company
0
CO o FOMPYRICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
N 4
August 22, 2007
Greenway Engineering
Jason Bly, L.S.
151 Windy Hill Lane
Winchester, VA 22602
RE: Final Plats Fieldstone Section II, Phase Two, PINs 55-A-165C,175E, 204,210
Dear Jason:
This letter is to confirm that the final plats for Fieldstone Section II, Phase Two, are
administratively approved. The approval of the subject subdivision allows for the development
of 54 lots for townhouse units. Attached are six (6) copies of the approved plats and deed of
dedication for your records and distribution. Please return a copy of the recorded plat to this
office.
Sincerely,
r`
Mark R. Cheran
Zoning and Subdivision Administrator
MRC/bad
Attachments
cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor
Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Arcadia Development Co., 117 North Bailey Lane, Purcellville, VA 20134
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
A$� GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANSMITTAL
Project Name: Fieldstone Section Two - Phase Two
File No: 2160A
Date: Wed, Nov 8, 2006
To: Frederick Co Planning / Zoning
107 North Kent Street
Winchester, VA 22601
Attn:
Copied
Mr. Mark Cheran
Delivery: r— Fed Ex
Other_
From: Jason Bly
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
❑ U.S. Mail EVI Courier ❑ Pick Up
8
[71 Urgent EF For Your Review ❑ As You Requested ❑ Please Comment
Message
Enclosed please find the following for your review and approval:
(6) COPIES: Final Subdivision Plat Fieldstone Section Two - Phase Two, Frederick County, VA
(dated 08-15/2006)
(1) COPY: Deed of Dedication
Hand Delivery and Pick Ups Only:
Received by: Date:
Please Print Name:
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANSMITTAL
Project Name: Fieldstone Section Two - Phase Two
File No: 2160A
Date: Thu, Mar 15, 2007
To: Frederick Co. Planning / Zoning
107 North Kent Street
Winchester, VA 22601
Attn: Mr. Mark Cheran
From: Jason Bly / djd J�c-,P
GREENWAY ENGINEERING
Copied Phone: 540-662-4185
Fax: 540-722-9528
Delivery: r— Fed Ex ❑ U.S. Mail CW7 Courier ❑ Pick Up
El Other
E71 Urgent QQ For Your Review ❑ As You Requested Q Please Comment
Message
Enclosed please find the following pages to replace the previous sheets received:
(6) COPIES: Final Subdivision Plat Fieldstone Section Two - Phase Two, Frederick
County, Virginia (dated 08-15-2006) Sheets 12, 13, 14, 15 and 18 of pages 1-18
(1) CHECK # 37345 (Arcadia Building Company)
Hand Delivery and Pick Ups Only:
Received by: Date:
Please Print Name:
I
May 1, 2007
Greenway Engineering
Attention: Jason Bly
151 Windy Hill Lane
Winchester, Virginia 22602
M1 W,I1.1 ill -0i'03bI
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
RE: Fieldstone Section 2 Phase 4 Subdivision: Final Plats V Review
Dear Mr. Bly:
I have had the opportunity to review the Final Plats for the Fieldstone Section 2, Phase 3
Subdivision. Please address the following comments:
1. On the cover, the current property is zoned RP, not RA.
2. BRLs should not be drawn through the easements (lots 129, 130). It would be
easier to verify this if easements were shown on the same plats with the BRLs.
3. Provide right-of-way widths for existing public streets and proposed private
streets.
4. Indicate the 50 foot setback from the perimeter boundary.
5. Provide notations for end -of -row units that the distance between both ends will be
30 feet.
6. Please verify street names with the Frederick County GIS department.
The application seeking approval is denied until the issues identified in this letter have
been adequately addressed. Please address the above comments and resubmit. If you
have any questions, please feel free to call at (540) 665-5651.
Since'-
�,-'iauren E. Krempa
Zoning Inspector
LEK/bad
Attachment
cc: Arcadia Development Co., 117 N. Bailey Lane, Purcellville, VA 20134-1150
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
January 11, 2007
Greenway Engineering
Attention: Jason Bly
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Fieldstone Section 2 Phase 3 Subdivision: Final Plats 1't Review
Dear Mr. Bly:
I have had the opportunity to review the Final Plats for the Fieldstone Section 2, Phase 3
Subdivision. Please address the following comment:
1. On sheet 14, the storm water easement needs to be shown between lots 201 and
202.
The application seeking approval is denied until the issues identified in this letter have
been adequately addressed. Please address the above comments and resubmit. If you
have any questions, please feel free to call at (540) 665-5651.
Sincerely,
Kevin T. Henry
Planning Technician
KTH/bad
Attachment
cc: Arcadia Development Co., 117 N. Bailey Lane, Purcellville, VA 20134-1150
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Fieldstone Townhouses, Phases I & fI - Private Entrance Blanket Approval - Lots 1 thru 1... Page 1 of 1
Mark Cheran
From: Eric Lawrence [elawrenc@co.frederick.va.us]
Sent: Wednesday, October 25, 2006 8:50 AM
To: 'Mark Cheran'
Subject: FW: Fieldstone Townhouses, Phases I & II - Private Entrance Blanket Approval - Lots 1 thru 102
FYI
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540-665-5651
540-665-6395 (fax)
-----Original Message -----
From: Funkhouser, Rhonda [mailto: Rhonda. Fun khouser@VDOT.Virginia.gov]
Sent: Wednesday, October 25, 2006 7:29 AM
To: Hawkins, Dwight; 'Eric Lawrence'
Cc: Ingram, Lloyd
Subject: Fieldstone Townhouses, Phases I & II - Private Entrance Blanket Approval - Lots 1 thru 102
See Attached - For your information.
<<S C N_20061025082047_001. pdf>>
Rhonda Funkhouser
Administrative Assistant to Land Development
VA Dept. of Transportation — Edinburg Residency
14031 Old Valley Pike
Edinburg, VA 22824
Phone #(540) 984-5602
Fax #(540) 984-5607
1 /24/2007
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANSMITTAL
Project Name: Fieldstone Section Two Phase Three
File No: 2160A
Date: Mon, Nov 6, 2006
To: Frederick Co Planning / Zoning
107 North Kent Street
Winchester, VA 22601
Attn:
Copied
Mr. Mark Cheran
Delivery: I® Fed Ex
r7 Other_
[7 U.S. Mail
From: Jason Bly J 13
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
I] Courier ❑ Pick Up
❑ Urgent C*Wl For Your Review ❑ As You Requested ❑ Please Comment
Message
Enclosed please find the following for you review and comment:
(1) DRAFT COPY: Final Subdivision Plat of a Portion of the Land of Fieldstone Section Two,
Phase Three, Frederick County, VA (dated 09-28-2006)
gpTZ 9 NotA
Hand Delivery and Pick Ups Only:
Received by: Date:
Please Print Name:
COMMONWEALTH ®f VIRGINIA
DEPARTMENT OF TRANSPORTATION
14031 OLD VALLEY PIKE
GREGORYA. WHIRLEY EDINBURG, VA 22824
ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER
October 26, 2006
Mr. Jason G. Bly, L.S.
C/O Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
Ref Fieldstone, Section 2, Phase 2
Off Route 659, Valley Mill Road @ Channing Drive
Frederick County .
Dear Jason:
A VDOT review has been completed on the final plat dated August 13, 2006 for the referenced
project. The plat appears to reflect the information shown on the approved project plans and is
therefore approved by this letter.
The application for subdivision of this property appears to have significant measurable impact on
Route 659, Valley Mill Road, the VDOT facility which would provide access to the property. This
section of street is currently not in the State's Secondary Road System. All entrance design and
drainage features must meet State requirements if the street is to be eligible for acceptance. A
complete set of construction plans will be required for review.
We are returning six (6) signed copies of the plat to your office, one copy is being retained for our
work file. Please provide one copy of the plat of dedication fully signed and recorded at the
appropriate County Clerk's Office prior to the issuance of any land use permit from VDOT.
If there are any questions, please feel free to call.
Sinc ely,
Lloyd A. lrigfam
Transportation Engineer
LAI/rf
Enclosures
xc: Mr. Mark Cheran
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
VDOT Approval - Fieldstone Subdivision Section 2, Phases 1-2 Page 1 of 3
19
1J� 1�l
4�
Mark Cheran
From: Eric Lawrence [elawrenc@co.frederick.va.us]
Sent: Wednesday, August 02, 2006 8:50 AM
To: 'Mark Cheran'; 'Bernard Suchicital'
Subject: FW: VDOT Approval - Fieldstone Subdivision Section 2, Phases 1-2
FYI
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540-665-5651
540-665-6395 (fax)
-----Original Message -----
From: Funkhouser, Rhonda [mai Ito: Rhonda. Fun khouser@VDOT.Vi rg in ia.gov] On Behalf Of Ingram, Lloyd
Sent: Wednesday, August 02, 2006 7:34 AM
To: 'smcveigh@greenwayeng.com'; Niki Adhikusuma
Cc: Ingram, Lloyd; 'Eric Lawrence'
Subject: VDOT Approval - Fieldstone Subdivision Section 2, Phases 1-2
This is to acknowledge receipt of your revised plans for the referenced project. The plans appear
satisfactory and are approved. Please advise the developer accordingly. Please provide five (5) sets of
approved construction plans with signed seal for VDOT distribution.
I offer the following comments:
. A preconstruction conference be held by the engineer and/or developer with the attendance of the
contractor, various County agencies and VDOT prior to initiation of work.
. Materials used and method of construction shall apply to current observed VDOT Road & Bridge
Specifications applicable during construction of this development.
• Our review and comments are general in nature. Should conditions in the field exist such that
additional measures are warranted, such measures shall be completed to the satisfaction of the
Department prior to inclusion into the Secondary Road System.
. Attached is a copy of the minimum requirements and information needed prior to acceptance of
subdivision streets into the Secondary System. This is the responsibility of the developer.
. All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a
10/24/2006
VDOT Approval - Fieldstone Subdivision Section 2, Phases 1-2 Page 2 of 3
pipe or drainage easement.
. The contractor shall notify VDOT when work is to begin or cease for any undetermined length of
time. VDOT will also require 48 hours notice for inspections.
. The appropriate land use permits shall be obtained before any work is performed on the State's
right-of-way. The permit is issued by this office and will require a minimum processing fee,
surety bond coverage, and the salary & expenses of a State assigned Inspector.
. If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between
the edge of pavement and the front of mailbox as shown on the attached.
. Private entrances will be installed in accordance with the attached. This is the developer's
responsibility.
. Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards.
This is the developer's responsibility.
. Any signs to be installed will be in accordance with attachments.
. I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled
completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement
settlement.
• If applicable, an agreement between VDOT and Frederick County to absolve the Department of
any maintenance or liability of the detention basin will be required. This is the developer's
responsibility. The executed agreement is needed before the street(s) is eligible for acceptance
into the State's Secondary Road System.
. A copy of any/all recorded plats of dedication for drainage easements or additional right-of-way
required for implementation of this proposed project should be provided to VDOT prior to
issuance of any land use permit. Dedication should be made to the Commonwealth of Virginia.
. A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for
drainage easements or additional right-of-way required for implementation of this proposed
project should be provided for VDOT review prior to issuance of any land use permit.
Should you need additional information, do not hesitate to call.
10/24/2006
VDOT Approval - Fieldstone Subdivision Section 2, Phases 1-2 Page 3 of 3
<<Plan Approval Attachments.pdf>>
Lloyd A. Ingram
Transportation Engineer
VDOT N Edinburg Residency
Land Development
14031 Old Valley Pike
Edinburg, VA 22824
(540) 984-5611
(540) 984-5607 (fax)
10/24/2006
If
"Wi11 07�wi J tiJM
Department of Planning and Development
540/665-5651
FAX: 5401665-6395
September 29, 2006
Greenway Engineering
Attention: Jason Bly
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Fieldstone Section 2 — Phase 2: Final Plats I" Review
Dear Mr. Bly:
I have had the opportunity to review the Final Plats for Fieldstone Section 2 — Phase 2, which
were received by this office on August 24, 2006. Please address the following comments:
1. On Sheet 1 of 18, the correct zoning for the property is RP.
2. On Sheet 1 of 18, our records show that the parent parcel is 49.39 acres. Please adjust the
information given.
3. On Sheet 3 of 18, correct the Phase 2 Summary table.
4. On Sheets 8-9, 12, and 17 of 18, label the street names.
5. On Sheets 11-12 of 18, provide the total length of the lots as indicated.
6. On Sheets 2-18 of 18, place a note on all the streets to identify whether it will be a public
street or a private street.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
f
Mr. Jason Bly
Re: Fieldstone II, Phase 2
September 29, 2006
Page 2
The application seeking approval is denied until the issues identified in this letter have been
adequately addressed. Please address the above comments and resubmit. I have attached a
marked copy for your reference. If you have any questions, please feel free to call at (540) 665-
5651.
Sincerely,
Bernard S. Suchicital
Planner I
BSS/bad
Attachment
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANSMITTAL
Project Name: Fieldstone Section Two Phase Two
File No: 2160A
Date: Tues, Aug 22, 2006
To: Frederick Co Planning / Zoning
107 North Kent Street
Winchester, VA 22601
Attn: Mr. Mark Cheran
Copied
Delivery: Fed Ex
❑ Other_
rVJ U.S. Mail
From: Jason Bly
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
❑ Courier ❑ Pick Up
AUG 2 4 2006
❑ Urgent P1 For Your Review ❑ As You Requested ❑ Please Comment
Message
Enclosed please find the following:
(1) DRAFT COPY: Final Subdivison Plat Fieldstone Section Two - Phase Two,
Frederick County, VA (dated 08-15-2006)
Hand Delivery and Pick Ups Only:
Received by: Date:
Please Print Name:
5
September 28, 2006
Greenway Engineering
Attention: Jason Bly
151 Windy Hill Lane
Winchester, Virginia 22602
ZJ90MERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 665-6395
RE: Fieldstone Section 2 — Phase 1: Final Plats V Review
Dear Mr. Bly:
I have had the opportunity to review the Final Plats. for Fieldstone Section 2 — Phase 1, which
were received by this office on September 16, 2006. Please address the following comments:
1. On Sheet 1 of 15, the correct zoning for the property is RP.
2. On Sheets 2-15 of 15, place a note on all the streets to identify whether it will be a public
street or a private street.
The application seeking approval is denied until the issues identified in this letter have been
adequately addressed. Please address the above comments and resubmit. I have attached a
marked copy for your reference. If you have any questions, please feel free to call at (540) 665-
5651.
Sincerely,
Bernard S. Suchicital
Planner I
BSS/bad
Attachment
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
r
F 14 20006
Moen! o0
COMMONWEALTH V WEALTH of VIRGI \ IA
DEPARTMENT OF TRANSPORTATION
14031 OLD VALLEY PIKE
GREGORYA. WHIRLEY EDINBURG, VA 22824
ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER
September 13, 20o6
Mr. Jason Bly, L.S.
C/O Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
Ref: Fieldstone Section Two — Phase One
Off Route 659, Valley Mill Road @ Channing. Drive
Frederick County
Dear Jason:
A VDOT review has been completed on the final plat dated March 15, 2oo6 for the referenced
project. The plat appears to reflect the information shown on the approved project plans and
is therefore approved by this letter.
The application for subdivision of this property appears to have significant measurable impact
on Route 659, Valley Mill Road, the VDOT facility which would provide access to the
property. This section of street is currently not in the State's Secondary Road System. All
entrance design and drainage features must meet State requirements if the street is to be
eligible for acceptance. A complete set of construction plans will be required for review.
We are returning six (6) signed copies of the plat to your office, one copy is being retained for
our work file. Please provide one copy of the plat of dedication fully signed and
recorded at the appropriate County Clerk's Office prior to the issuance of any
land use permit from VDOT.
If there are any questions, please feel free to call.
Sincere z•'` _
Barry J. Sweiittzzee Tea s. ' R a"' --En eer
For: Lloyd A. Ingram, Transportation Engineer
BJS/rf
Enclosures Virginia DOT. o rg
xc: Mr. Mark Cheran WE KEEP VIRGINIA MOVING
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANSMITTAL
Project Name: Fieldstone -Section 2, Phase 1
File No: 2160A-2
Date: September 15, 2006
To: FC Planning
Attn: Mark Cheran
Copied
Delivery: r" Fed Ex ❑ U.S. Mail
❑ Other
From: Steve McVeigh/dlm
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
F1 Courier ❑ Pick Up
❑ Urgent Q For Your Review ❑ As You Requested ❑ Please Comment
Message
Mark,
Attached is the following for the above project for your review:
-1 "Draft" copy of the approved FCSA and VDOT Final Subdivision Plat
-1 copy of the Deed of Dedication
We are in the process of obtaining owner's signature. Once we receive your approval of this draft,
we will submit the signed original plats to your office for final signature.
As always, thank you for your signature. Call with any questions or need for additional
information.
Hand Delivery and Pick Ups Only:
Received by: Date:
Please Print Name:
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANSMITTAL
Project Name: Fieldstone Section Two Phase One
File No: 2160A-2
Date: Mon, Jul 10, 2006
To: Frederick Co Planning/Zoning
107 North Kent Street
Winchester, VA 22601
Attn: Mr. Mark Cheran
Copied
Delivery: r- Fed Ex
❑ Other_
IF U.S. Mail
JUL 14 2006
From: Jason Bly
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
❑ Courier ❑ Pick Up
❑ Urgent P1 For Your Review ❑ As You Requested 0 Please Comment
Message
Enclosed please find the following for your review and comment:
(1) DRAFT COPY: Final Subdivisoin Plat Fieldstone Section Two Phase One, Frederick
County, VA (dated 03-15-2006) Sheets 1-15
Hand Delivery and Pick Ups Only:
Received by: Date:
Please Print Name:
VDOT Approval - Fieldstone Subdivision Section 2, Phases 1-2 Page 1 of 3
Mark Cheran
From: Eric Lawrence [elawrenc@co.frederick.va.us]
Sent: Wednesday, August 02, 2006 8:50 AM
To: 'Mark Cheran'; 'Bernard Suchicital'
Subject: FW: VDOT Approval - Fieldstone Subdivision Section 2, Phases 1-2
FYI
Eric R. Lawrence, AICP
Director, Department of Planning and Development
Frederick County
107 N. Kent Street
Winchester, VA 22601
540-665-5651
540-665-6395 (fax)
-----Original Message -----
From: Funkhouser, Rhonda [mailto:Rhonda.Funkhouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd
Sent: Wednesday, August 02, 2006 7:34 AM
To: 'smcveigh@greenwayeng.com'; Niki Adhikusuma
Cc: Ingram, Lloyd; 'Eric Lawrence'
Subject: VDOT Approval - Fieldstone Subdivision Section 2, Phases 1-2
This is to acknowledge receipt of your revised plans for the referenced project. The plans appear
satisfactory and are approved. Please advise the developer accordingly. Please provide five (5) sets of
approved construction plans with signed seal for VDOT distribution.
I offer the following comments:
. A preconstruction conference be held by the engineer and/or developer with the attendance of the
contractor, various County agencies and VDOT prior to initiation of work.
. Materials used and method of construction shall apply to current observed VDOT Road & Bridge
Specifications applicable during construction of this development.
• Our review and comments are general in nature. Should conditions in the field exist such that
additional measures are warranted, such measures shall be completed to the satisfaction of the
Department prior to inclusion into the Secondary Road System.
. Attached is a copy of the minimum requirements and information needed prior to acceptance of
subdivision streets into the Secondary System. This is the responsibility of the developer.
. All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a
9/18/2006
VDOT Approval - Fieldstone Subdivision Section 2, Phases 1-2 Page 2 of 3
pipe or drainage easement.
. The contractor shall notify VDOT when work is to begin or cease for any undetermined length of
time. VDOT will also require 48 hours notice for inspections.
. The appropriate land use permits shall be obtained before any work is performed on the State's
right-of-way. The permit is issued by this office and will require a minimum processing fee,
surety bond coverage, and the salary & expenses of a State assigned Inspector.
. If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between
the edge of pavement and the front of mailbox as shown on the attached.
. Private entrances will be installed in accordance with the attached. This is the developer's
responsibility.
. Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards.
This is the developer's responsibility.
. Any signs to be installed will be in accordance with attachments.
. I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled
completely with C.R. Type 2 1 -13 Stone. This will greatly reduce the possibility of any pavement
settlement.
• If applicable, an agreement between VDOT and Frederick County to absolve the Department of
any maintenance or liability of the detention basin will be required. This is the developer's
responsibility. The executed agreement is needed before the street(s) is eligible for acceptance
into the State's Secondary Road System.
. A copy of any/all recorded plats of dedication for drainage easements or additional right-of-way
required for implementation of this proposed project should be provided to VDOT prior to
issuance of any land use permit. Dedication should be made to the Commonwealth of Virginia.
. A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for
drainage easements or additional right-of-way required for implementation of this proposed
project should be provided for VDOT review prior to issuance of any land use permit.
Should you need additional information, do not hesitate to call.
9/18/2006
VDOT Approval - Fieldstone Subdivision Section 2, Phases 1-2 Page 3 of 3
<<Plan Approval Attachments.pdf>>
Lloyd A. Ingram
Transportation Engineer
VDOT N Edinburg Residency
Land Development
14031 Old Valley Pike
Edinburg, VA 22824
(540) 984-5611
(540) 984-5607 (fax)
9/18/2006
540/665-5651
FAX: 540/665-6395
May 23, 2006
Greenway Engineering
Attention: Tung Niki Adhikusuma
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Fieldstone II, Phases 1 & 2 - Subdivision Design Plan Approval Letter
PINS 55-A-165C, 55-A-175E, 55-A-204, 55-A-210
Dear Mr. Adhikusuma:
This letter is to confirm that the Subdivision Design Plan for Fieldstone II, Phases 1 & 2,
received by our office on May 11, 2006 has been approved. Enclosed are six (6) full sets of
plans for your records and distribution.
If you have any questions, please feel free to call me at 540-665-5651.
Sincerely,
u
Bernard S. Suchicital
Planner I
cc: Arcadia Development Co., 117 North Bailey Lane, Purcellville, VA 20134
James A. Micco, Allegheny Power, 3463 Valley Pike, Winchester, VA 22602
BSS/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
/:N GREENWAY ENGINEERING
%oTo7 151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
MAY 1 1 20M
T R A N S M I T T A L
Project Name: Fieldstone, Section II, Phases 1 and 2
File No: 216OA-2
Date
To: FC Planning From: Steve McVeigh/dlm
Attn: Bernard Suchicital GREENWAY ENGINEERING
Phone: 540-662-4185
Copied Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail
❑ Other
❑ Urgent ® For Your Review
Message:
® Courier
® As You Requested
❑ Pick Up
❑ Please Comment
Bernard,
Attached is the following for the above project for your review and approval:
-8 copies of the revised subdivision plan per Planning comments
-Comment response letter
-Copies of approval letters from appropriate agencies
NOTE: We have not received VDOT approval to date and will submit to your office once we
do.
As always, thank you for your assistance. Call with any questions.
Hand Delivery and Pick Ups Only:
Received By: Date:
%4o7
Founded in 1971
/tN
GREENWAY
151 Windy Hill Lane
Winchester, Virginia 22602
May 4, 2006
County of Frederick
Department of Planning and Development
107 North Kent Street
Suite 202
Winchester, Virginia 22601-5000
Attn: Bernard S. Suchicital
Re: Fieldstone II Phases 1 and 2
Review Comments
"Al AY 1 1 2006
Dear Mr. Suchicital,
We are in receipt of comments, dated January 25, 2006 and offer the following responses:
Comment 1: Please remove the word "proposed" from the gazebo/picnic area that was inserted at the
northern end of the trail on Sheet I of 23, and provide details of the new recreational unit on the design
plan.
Response: The word "proposed" has been removed from the gazebo/picnic area. A minimum size for the
gazebo/picnic area has been provided. Details of the actual gazebo and price will be submitted at a later
date.
Included with this submittal are the comment response letters from the Frederick County Sanitation
Authority, Frederick County Public Works, Frederick County Fire Marshal, Frederick County Parks and
Recreation, Winchester Regional Airport, Frederick County GIS, and Frederick County Inspections. We
are waiting for the comment response letter from the Virginia Department of Transportation and will
forward to your offer once we receive. Also attached are eight copies of revised plans for your review and
approval.
As always, thank you for your assistance with this project. Feel free to contact me with any questions or
need for additional information.
Sincerely,
Greenway En ineering
Steve McVeigh
Enclosures
Cc: Niki Adhikusuma, PE - Greenway Engineering
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
www.greenwayeng.com
File#2160A-2/SM/adf/dlm
t`
4'—
1
1 RIX,
FCSA
GREENWAY ENGINEERING O
151 Windy Hill Lane
Winchester, Virginia 22602 JAN 1 Z 2006
rrounJul in :97I g 745
T R A N S M I T T
Project Name: Fieldstone -Section 2, Phases 1-2
File No: 216OA-2
Date January 11, 2006
To: FCSA From: Steve McVeigh/dim
Attn: John Whitacre GREENWAY ENGINEERING
Copied
Delivery: ❑ Fed Ex ❑ U.S. Mail
❑ Other
❑ Urgent ® For Your Review
Phone: 540-662-4185
Fax: 540-722-9528
® Courier
® As You Requested
❑ Pick Up
❑ Please Comment
Message:
John,
Attached is the following for the above project: JAN 1 7 ?006
-2 copies of the revised subdivision plan per FCSA comments j
-Comment response letter a��a0i4_ oZ
Thank you for your assistance. Call with any questions.
3 / TEAS'
V% v
J "Received
elivery and Pick Ups Only:
By: Date:
�iRI V
CO of /lei Y-14A
BY
/6114y 06
COUNTY of FREDERICK
December 1, 2005
Mr. Steve McVeigh
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
Department of Public Works
540/665-5643
FAX: 540/678-0682
RE: Subdivision Plan Comments - Fieldstone, Section 2, Phases I and II
Frederick County, Virginia
Dear Steve:
Upon review of the revised subdivision plan dated September 2005, all of our previous
comments have been addressed. Therefore, we recommend approval of the subject subdivision
plan.
Sincerely,
Joe C. Wilder
Deputy Director
JCW/rls
cc: Mark Cheran, Zoning and Subdivision Administrator
file
C:\Program FilesMordPerfect Office ll\Rhonda\TEMPCO,\lAlENTS\FIELDSTONESEC2PHI&IIREVSIJBDCOM.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
�O1p"I+c
6 Rf
wF OF a vaann
�/T7�ppYty
WINCHESTER REGIONAL AIRPORT
August 24, 2005
Steve McVeigh
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
491 AIRPORT ROAD
WINCHESTER, VIRGINIA 22602
(540) 662-2422
Re: Subdivision Comment
Fieldstone — Section II, Phases 1 and 2
Opequon Magisterial District
Dear Mr. McVeigh:
I have reviewed the referenced proposal and it appears that the proposed
subdivision site will not impede operations at the Winchester Regional Airport as
the proposed development lies outside of the Airport's Part 77 surfaces and are
not subject to special conditions.
Thank you for your cooperation and consideration in the continuing safe
operations of the Winchester Regional Airport.
Sincerely, p
C�,\
Serena R. Manuel
Executive Director
FR�4UG 2 5 2005
Frederick County Fire. and Rescue
-Department
Office`of•the Fire Marshal
Plan Review and Comments'
Control number
Date received Date reviewed
SDD5-=7
711 Br=15 7/19/2005
Project Name
Applicant
Fieldstone Sub. Sec.2 Phase 1&2
Greenway Engineering
Address
City State Zip
151 Windy Hill Ln.
Winchester VA 22802
Date Revised
Applicant Phone
540-W2-4185
Type Application Tax ID Number Fire District Rescue District
Subdivision 55-A-181 18 18
Current Zoning Election District
RP Recommendations Opequon
Automatic Sprinkler System Automatic Fire Alarm System - Residential Sprinkler System
No No No
Other recommendation
Emergency Vehlde Access
Adequate
Siamese Location
Not Identified
Emergency Vehicle Access Comments
Access Comments
Requirements
Hydrant Location
Not Identified
Roadway/Aisknway Width
Adequate
Fie Lane Required
Yes
Special Hazards
No
Additional Comments
Fire hydrant placment must comply with Frederick County code section 90-4.
Plan Approval Recommended Reviewed By Signature
Yes John J. Bausennan rate
REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS
Frederick County Parks and Recreation Dept.
Attn: Director of Parks And Recreation
107 North Kent Street
Winchester, Va. 22601
(540) 665-5678
The Frederick County Parks and Recreation Department is located on the second floor of the Frederick
County Administration Building, 107, North Kent Street, Winchester, if you prefer to hand deliver this
review form.
Applicant's name, address and phone number:
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
662-4185
Name of development and/or description of the request:
Fieldstone Subdivision, Section II, Phases 1 and 2
Location:
Intersection of Charming Drive and Nassau Drive
Parks and Recreation Department Comments:
Plan appears to meet open mace requirements However, required
recreational units have not been addressed and there is no reference
to the trail system on which we had previously offered comments.
Parks Signature and Date:
(NOTICE TO PARKS *
RETURN THIS FORM TO APPLICANT.)
25/05
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency with
their review. Also, please attach a copy of your application form, location map and all other pertinent
information.
Isl
JUL 2 8 2005
By
5- 4-06;12:44PM;FREDERICK CO PARKS ;5406659687 # 2/ 2
Request for Conditional Subdivision Comments - Fieldstone Subdivision. Section H.
Phases 1 and 2
Applicant's name, address and phone number:
Grreenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
662-4185
Name of development and/or description of the request:
Fieldstone Subdivision, Section II, Phases 1 and 2
Location:
Intersection of Charming Drive and Nassau Drive
Parks and Recreation Department Comments:
Parks and Recreation staff made continents and recommendations regarding open space and
required recreational units during the Master Development Review Phase of this project. The
Planning Department will ensure all requirements are met and the Parks and Recreation
Department will review and ma10 recommendations on trail and other recreational unit design.
Parks Signature and Date;
IV.
Z
REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS
Frederick County Parks and Recreation Dept.
Attn: Director of Parks and Recreation
107 North Kent Street
Winchester, Va. 22601
(540)665-5678
The Frederick County Parks and Recreation Department is located on the second floor of the Frederick
County Administration Building, 107, North Kent Street, Winchester, if you prefer to hand deliver this
review form.
Applicant's name, address and phone number:
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
Name of development and/or description of the request:
Fieldstone Subdivision Section 2 Phases 3&4
Location:
Intersection of ChanninQ Drive and HiQhcliffe Drive
Parks and Recreation Department Comments: The Parks and Recreation staff made
comments and recommendations regarding open space and required recreational
units during the Master Development Review Phase of this project. The
Planning Department will ensure all open space and recreational unit
requirements are met and the Parks and Recreation Department will review
and make recommendations on trail and other recreational unit design when
provided.
Parks Signature and Date: 12/30/05
(NOTICE TO PARKS *PL E RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency with
their review. Also, please attach a copy of your application form, location map and all other pertinent
information.
i
!i
� .., 0 2006
._J
N
DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS
FREDERICK COUNTY, VIRGINIA
W E STREET NAME COMMENTS
SUBDIVISION COMMENTS
s DATE: December 28, 2005
SUBDIVISION: Fieldstone II
STAFF MEMBER: Marcus Lemasters, Director
APPLICANT: Greenway Engineering
Attn: Steve McVeigh
151 Windy Hill Lane
Winchester, VA 22602
COMMENTS: The Frederick County Department of GIS has reviewed the requested road name for use
in the Fieldstone 11 subdivision, and has made the following determinations:
1. Reviewed revised plan, the following road names have been confirmed as APPROVED and
added into the Frederick County Road Naming System:
Highcliffe Drive
Cobble Stone Drive
Cheshire Court
Haverford Court
'j DEC 2 9 2005 I01
Frederick County Planning and Development, 107 North Kent Street, Winchester, VA 22601, (540)665-5614
N
DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS
FREDERICK COUNTY, VIRGINIA
w E STREET NAME COMMENTS
SUBDIVISION COMMENTS
S DATE: December 13, 2005
SUBDIVISION: Fieldstone Heights, Section 11
STAFF MEMBER: Marcus Lemasters, Director
APPLICANT: Greenway Engineering
Attn: Steve McVeigh
151 Windy Hill Lane
Winchester, Va 22602
COMMENTS: The Frederick County Department of GIS has reviewed the requested road names for
use in the Fieldstone, Section H subdivision, and has made the following determinations:
1. The following road names have been PREVIOUSLY APPROVED and entered into the
Frederick County Road Naming and Structure Numbering System:
Highcliffe Drive Kingsley Drive
2. The following road names have been APPROVED and entered into the Frederick CountyRoad
Naming and Structure Numbering System:
Cheshire Court Haverford Court
3. The Frederick County, Virginia Code, Chapter 56 specifies that no road names will be
accepted into the system that duplicate the same first word, either by spelling or phonetically, as anyroad
name currently in the system which will cause confusion in the dispatching of E-911. The following road
names have been DENIED use in the Frederick CountyRoad Naming and Structure Numbering System:
Abram Drive (Abraham Dr, Abrams Pointe Blvd)
Chase Crive (Chase Ct) J`
a OEC 1 4 2005
Frederick County Planning and Development, 107 North Kent Street, Winchester, VA 22601, (540)665-5614
REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS
Frederick County Inspections Department
ATTN: Building Official
107 North Kent Street
Winchester, Virginia 22601
(540)665-6350
The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the
County Administration Building in Winchester, if you prefer to hand deliver this review.
Applicant's name, address and phone number:
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
662-4185
Name of development and/or description of the request:
Fieldstone Subdivision, Section H, Phases 1 and 2
Location:
Intersection of Charing Drive and Nassau Drive
Inspection Department Comments: % //
Code Administrator Signature and Date:
(NOTICE TO INSPECTIONS DEPT. *PIXASP RETURN THIS FORFOM04y6 APP ICA T.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency with
their review. Also, please attach a copy of your application form, location map and all other pertinent
information.
SEP 0 6 2005
B �llouf�
Townhouse dwellings units shall comply with The Virginia Uniform statewide Building Code
and The International Residential Code. Minimum Fire Barrier shall be provided on property
line between units.
Backwater valves shall be installed onAt%imbing fixtures ,(subject to back sewer), located
below the top elevation of the upsfteam man hole cover.
540/ 665-5651
FAX: 540/ 665-6395
January 25, 2006
Greenway Engineering
Attention: Tung Niki Adhikusuma
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Fieldstone II, Phases 1 & 2 - Subdivision Design Plan 3rd Review
Dear Mr. Adhikusuma:
I have had the opportunity to review the revised Subdivision Design Plan (SDP) for Fieldstone
II, Phases 1 & 2. This plan is approvable once the following are addressed:
• Please remove the word "proposed" from the gazebo/picnic area that was inserted at the
northern end of the trail on Sheet 11 of 23, and provide details of the new recreational
unit on the design plan.
Please provide us with a minimum of five full sets of revised plans, signed by the owner and
engineer, for approval and distribution. In addition to the five full sets of plans, include any
additional cover sheets as needed.
Sincerely,
Bernard S. Suchicital
Planner I
cc: Arcadia Development Co., 117 North Bailey Lane, Purcellville, VA 20134
B S S/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
1447
Founded in 1971
eiN
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
January 12, 2006
County of Frederick
Department of Planning and Development
107 North Kent Street
Suite 202
Winchester, VA 22601-5000
Attn: Bernard S. Suchicital
Re: Fieldstone II, Phases 1 & 2
Dear Mr. Suchicital,
Greenway Engineering is in receipt of comments dated December 30, 2005 and we are pleased to offer the
following responses:
Planning Comments
✓Comment 1: On Sheet 1 of 24, remove the two notes under the Subdivision Administrator's signature block.
This is a subdivision design plan, not a site plan.
Response: The two notes under the Subdivision Administrator's signature have been removed.
`comment 2: On Sheet 10 of 24, extend the 6' asphalt trail to the property line
Response: The 6' asphalt trail has been extended to the property line.
✓Comment 3: On Sheet 10 of 24, label the sidewalk along both sides of Highcliffe Drive.
Response: The sidewalk along Highcliffe Drive has been labeled along both sides.
Comment 4: On Sheet I of 24, extend the 6' asphalt trail north to connect with Channing Drive near the
Abrams Creek crossing, so that it does not remain without a designation.
7 Response: Trail has been designed and laid out per the approved MDP dated July, 2003 and approved on
June 13, 2005. Per your request we have added a Gazebo/Picnic Area at the end of the trail. Actual size
and type yet to be determined.
Comment 5: On Sheet 21 of 24, this is a blank sheet. Please remove and redo the sheet numbering.
Response: The blank sheet has been removed and the sheet numbering has been revised.
-Comment 6: On Sheet 22 of 24, include additional landscaping along Chase Drive to screen the units from
the parking bays.
Response: Additional shrubs have included in the areas noted except in those areas not allowed due to the
presence of easements.
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
2160A/SM/adf www.greenwayeng.com
t1Cornment 7: On Sheet 22 of 24. according to Frederick Count Zoning Ordinance Section 165-36B(1). the
Crape M� rtle is not an approved tree. Please replace this with an approved tree from the plant selection.
Response: Crepe Myrtle has been changed to Flowering Crabapple.
Please find attached the revised plans for your review. Feel free to contact me with any questions or
concerns and as always we appreciate your time in this matter.
Sincerely,
4
Steve McVeigh
Greenway Engineering
CC: Joe Duggan — Landscape Architect
Enclosures
216OA/SM/adf
GREENWAY ENGINEERING
151 Windy Hill Lane UtA,-N 1
Winchester, Virginia 22602
Founded in I971
TRANS MIT TAL
Project Name: Fieldstone II Phases 1 & 2
File No:
2160A
Date
01/12/06
To:
Frederick Co Planning
From: Steve McVeigh/adf
Attn:
Bernard S. Suchicital
GREENWAY ENGINEERING
Phone: 540-662-4185
Copied
File
Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up
❑ Other
❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment
Message:
Bernard,
Please find attached our comment response letter and 1 copy of the revised plans. Feel to contact
me with any questions or concerns and as always we thank you for your time in this matter.
Hand Delivery and Pick Ups Only:
Received By: Date:
AOAC�,T-lp �M()., FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
December 30, 2005
Greenway Engineering
Attention: Steve McVeigh
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Fieldstone II, Phases 1 & 2; Subdivision Design Plan 2nd Review
Dear Mr. McVeigh:
I have had the opportunity to review the Subdivision Design Plan (SDP) for Fieldstone Il,
Sections 1 & 2, received by this office on December 13, 2005. Please address the following
comments:
1. On Sheet 1 of 24, remove the two notes under the Subdivision Administrator's signature
block. This is a subdivision design plan, not a site plan.
2. On Sheet 10 of 24, extend the 6' asphalt trail to the property line.
3. On Sheet 10 of 24, label the sidewalk along both sides of Highcliffe Drive.
4. On Sheet 11 of 24, extend the 6' asphalt trail north to connect with Channing Drive near
the Abrams Creek crossing, so that it does not remain without a destination.
5. On Sheet 21 of 24, this is a blank sheet. Please remove and redo the sheet numbering.
6. On Sheet 22 of 24, include additional landscaping along Chase Drive to screen the units
from the parking bays.
7. On Sheet 22 of 24, according to Frederick County Zoning Ordinance Section 165-3613(1),
the Crape Myrtle is not an approved tree. Please replace this with an approved tree from
the plant selection.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
r
Mr. Steve McVeigh
Re: Fieldstone II, Phases 1 & 2
December 30, 2005
Page 2
The application seeking approval is denied until the issues identified in this letter have been
adequately addressed. Please address the above comments and resubmit. I have enclosed a
marked copy of the plans to assist with the revisions. If you have any questions, please feel free
to call.
Sincerely,
Bernard S. Suchicital
Planner I
BSS/dlw
Attachment
cc: Carla Coffey, Arcadia Development Co., P.O. Box 1150, Purcellville, VA 20134
Niki Adhikusuma, PE — Greenway Engineering
r
Founded in 1971
ENGINEERING
151 Windy Hill lane
Winchester, Virginia 22602
December 12, 2005
Frederick County
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Attn: Bernard Suchicital, Planner I
Re: Fieldstone II, Phases 1 & 2; Subdivision Design Plan
Review Comments
Dear Mr. Suchicital:
DEC 1 3 275
We are in receipt of the comments dated September 13, 2005 and offer the following responses:
Comments from Frederick County Planning
Comment 1: On Sheet 1 of 23, regarding the Overall Project Tabulations, correct the third row down to
read "Section Two Phase 3 & 4 ".
Response: The text in the Overall Project Tabulations has been corrected to read "Section Two Phase 3 &
4" (sheet 1).
/Comment 2: On Sheet I of 23, regarding the Sheet Index, you made mention of 24 pages, yet there are only
23. Please adjust the index.
Response: We have checked the plan set and it is correct with 24 sheets.
Icomment 3: On Sheet 1 of 23, include a note that mentions that all utilities must be underground.
Response: A note stating that all utilities must be underground has been added to the cover sheet (sheet 1).
✓Comment 4: On Sheet 1 of 23, change the Frederick County Zoning Administrator signature block to
Frederick County Subdivision Administrator.
Response: The Frederick County Zoning Administrator signature block has been changed to read
Frederick County Subdivision Administrator (sheet 1).
%
( Comment 5: Correct the magisterial district names on all sheets.
Response: The magisterial district name has been revised to "Red Bud Magisterial District".
i(, Comment 6: Increase the width of all sidewalks from four feet to five feet to conform to VDOT standards.
Response: As per our meeting, it is agreed 5' sidewalks are provided along both ends of High Cliffe Drive.
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
File #2160A-2/SM/dim www.greenwayeng.com
Comment 7.• According to Section 144-19 of the Frederick County Subdivision Ordinance, street lights,
stop signs, and street signs shall be provided at all intersections. Please include this in the plans.
Response: Street lights, stop signs, and street name signs have been provided at all intersections per
Frederick County Subdivision Ordinance Section 144-19.
f Comment 8: On Sheets 2, 3, 5, 9, 10, 11, 13. and 21 of 23, identify the 50' Road Efficiency Buffer.
Response: The 50' Road Efficiency Buffer has been added to sheets 2, 3, 5, 9, 10, 11, 13, 21, and 23.
Comment 9: On Sheet 2 of 23, please explain why categories // and /// are needed in the public road
classification table.
Response:Standard Typical Pavement Section for both public and private road has been corrected (sheet 2).
`Comment 10: On Sheet 2 and 23, list all adjoiners' information.
Response: All adjoiners' information has been added to sheets 2 and 3.
'Comment 11: Revise all plans showing Channing Drive built all the way to the property line.
Response: Plans have been revised to show the actual Channing Drive asbuilt plan showing the pavement
is built all the way to the property line.
1 Comment 12: On Sheets 10 and / 1 of 23, connect all sidewalks via extensions, additional ramps, and
wrapping sidewalks around the ends of private streets to provide for better connectivity.
Response: Ramps have been added at all street intersections to provide better connectivity. We do not feel
the necessity for wrapping sidewalk at the end of private parking area. Sidewalk in this area is more likely
utilized for access to parking area.
Comment 13: On Sheets 10 and 11 of 23, include crosswalks at all appropriate locations.
Response: On sheets 10 and 11, crosswalks have been added at all appropriate locations.
Comment 14: On Sheets 10 and 11 of 23, include at least one (1) hashed parking spot with a handicapped
accessible ramp and connection to the sidewalk for all parking bays.
Response: It is not a requirement to have handicap parking in townhouse community.
Comment 15: On Sheets 10 and I I of 23, label all right-of-ways and their associated widths.
Response: All right-of-ways have been labeled and associated widths given.
Comment 16: On Sheets 10 and 11 of 23, there is what appears to be a creek running through the
property. If so, please identify and include a riparian buffer.
Response: The stream is not shown as a solid blue line on the USGS Quad map, meaning it is not a
perennial stream. Therefore, no riparian buffer is required.
'Comment 17: Ott Sheets 10 and I of 23, please label all Building Restriction Lines.
Response: All building restriction lines have been labeled.
'/Comment 18: On Sheets /0 and I I of 23, it appears that the curb and gutter in front of all the townhouses
are continuous. Please show curb cuts for all driveways.
File #2160A-2/SM/dlm 2
Response: Curb lines have been drawn correctly.
"Comment 19: On Sheet 11 of 23, please identify and include a detail of the retaining wall.
Response: The retaining wall has been labeled on the plan. Sections and details of the retaining wall will
be submitted and permitted separately during construction.
Comment 20: On Sheets 4, 8, 9, 10, 11 of 23. insert a North Arrow.
Response: A North Arrow has been added to all sheets.
y� Comment 21: The Fieldstone Master Development Plan #03-04 has a cross-section which identifies a six
foot asphalt trail and a six foot trail with mulched or wood chip surface, within the 50' .Road Efficiency.
The SDP has not picked this up. Staff recommends that the two trails be consolidated into a single ten foot
asphalt trail, along the east side of Channing Drive, so that it may conform with current VDOT standards.
Response: Per our meeting, a 6' sphalt trail has been shown on the plan (sheets 10-13).
Comment 22: On Sheets 10 and I1, connect the sidewalks along Nassau Dr to the ten foot asphalt trail
alongside Channing Drive.
Response: Per our meeting, the 6' asphalt trail has been connected with the proposed sidewalk along High
Cliffe Drive (sheets 10-13).
Comment 23: On Sheet 11 of 23, identify all open space.
Response: All open space has been identified.
Comment 24: On Sheet 21 of 23, include a detail of how the'50' Road Efficiency Buffer along Channing
Drive will be landscaped with a buffer plant list.
'Response: New buffer landscape planting has been designed. Layout and selection of plant material to be
used is on page 22.
xConzment 25: On Sheet 21 of 23, include additional landscaping to buffer the parking bays fronting
Channing Drive, and the sides of any dwelling units.
Response: New buffer landscape screen planting has been designed for space between parking area and
retention wall along Channing Drive to buffer parking bays. Screen plantings were also placed between
Channing Drive and sides of Lot I and Lot 63 to screen sides of housing units (page 22).
Comment 26: On Sheet 21 of 23, change the title of the sheet from "Grading Plan" to "Landscaping
Plan ".
Response: On sheet 22 of 24, the title has been changed from "Grading Plan" to "Landscape Plan".
Comment 27: On Sheet 21 of 23, according to the Frederick County Zoning Ordinance Section 165-36B
(1). the shrubs selected for this development are all classified as ornamental. Therefore, Clethra and
Forsythia cannot be used as screening. Please address this issue.
Response: All Clethra alnifolia (Summersweet Clethra) have been changed to Taxus cuspidate intermedia'
(Intermedia Japanese Yew). All Forsythia intermedia (border forsythia) have been changed to Juniperous
chinensis `Pfitzeriana Compacta" (Compact Pfitzer Juniper).
File #2l60A-2/SM/dlm
J Comment 28: On Sheet 21 of 23, according to Frederick County Zoning Ordinance Section 165-36B (1),
the Japanese Flowering Crabapple is not an approved street tree. Please replace this with an approved
tree from plant selection.
Response: Per your conversation with Joseph Duggan CLA, Landscape Architect, Japanese flowering
crabapple is an approved street tree per Frederick County Ordinance Section 165-3613(I) and will remain
on plan as shown.
Please contact us at your convenience if you have any questions or to schedule a meeting if any of the
comments need further discussion. Thank you for your time in this matter.
Sincerely,
Greenway Engineering
$tenve McVeigh
Enclosures
Cc: Carla Coffey — Arcadia Development Co.
Niki Adhikusuma, PE - Greenway Engineering
File #216OA-2/SM/dim
Founded in 1971
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
T R A N S M I T T A L
Project Name: Fieldston-Section II, Phases 1 and 2
File No:
2160A
Date
December 12, 2005
To:
FC Planning
From: Steve McVeigh/
Attn:
Bernard Suchicital
GREENWAY ENGINEERING
Phone: 540-662-4185
Copied
Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail
❑ Other
❑ Urgent ® For Your Review
/1,
❑ As You Requested
Message:
Mark,
Attached is the following for the above project for your review:
-2 copies of the revised subdivision plans
-1 comment response letter
Thank you for your assistance. Call with any questions
Hand Delivery and Pick Ups Only:
Received By: Date:
❑ Pick Up
® Please Comment
l i
A47
Founded in 1971
GREEHWA AGMEERIHG
151 Windy Hill lane
Winchester, Virginia 22602
October 10, 2005
Frederick County
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Attn: Bernard Suchicital, Planner I
Re: Fieldstone II, Phases 1 & 2; Subdivision Design Plan
Review Comments
Dear Mr. Suchicital:
We are in receipt of the comments dated September 13, 2005 and offer the following responses:
Comments from Frederick County Planning
FILE COPY
Comment 1: On Sheet 1 of 23, regarding the Overall Project Tabulations, correct the third row down to
read "Section Two Phase 3 & 4 ".
Response: The text in the Overall Project Tabulations has been corrected to read "Section Two Phase 3 &
4".
Comment 2: On Sheet 1 of 23, regarding the Sheet Index, you made mention of 24 pages, yet there are only
23. Please adjust the index.
Response: A sheet called "Stockpile Plan' has been added to the plan as sheet 2A. There are now 24
sheets to the plan set.
Comment 3: On Sheet I of 23, include a note that mentions that all utilities must be underground.
Response: A note stating that all utilities must be underground has been added to the cover sheet.
Comment 4: On Sheet 1 of 23, change the Frederick County Zoning Administrator signature block to
Frederick County Subdivision Administrator.
Response: The Frederick County Zoning Administrator signature block has been changed to read
Frederick County Subdivision Administrator.
Comment 5: Correct the magisterial district names on all sheets.
Response: The magisterial district name has been revised.
IComment 6: Increase the width of all sidewalks from four feet to five feet to conform to VDOT standards.
Response: To be discussed at Planning Department meeting.
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
www.greenwayeng.com
File #2160A-2/SM/dlm
Comment 7: According to Section 144-19 of the Frederick County Subdivision Ordinance. street lights,
stop signs, and street signs shall be provided at all intersections. Please include this in the plans.
Response: Street lights, stop signs, and street signs have been provided at all intersections per Frederick
County Subdivision Ordinance Section 144-19.
Comment 8: On Sheets 2, 3, 5, 9, 10, 11, 13. and 21 of 23, identi , the 50' Road Efficiency Buffer.
Response: The 50' Road Efficiency Buffer has been added to sheets 2, 3, 5, 9, 10, 11, 13, 21, and 23.
Comment 9: On Sheet 2 of 23, please explain why categories // and /// are needed in the public road
classification table.
Response: On sheet 2 of 24, categories II and III have been removed from the public road classification
table.
Comment 10: Ott Sheet 2 and 23,1ist all adjoiners' information.
Response: All adjoiners' information has been added to sheets 2 and 3.
Comment 11: Revise all plans showing Channing Drive built all the way to the property line.
Response: Plans have been revised to show Channing Drive built all the way to the property line.
Comment 12: On Sheets 10 and 11 of 23. connect all sidewalks via extensions, additional ramps, and
wrapping sidewalks around the ends of private streets to provide for better connectivity.
Response: To be discussed at Planning Department meeting.
Comment 13: On Sheets 10 and 11 of 23. include crosswalks at all appropriate locations.
Response: On sheets 10 and 11, crosswalks have been added at all appropriate locations.
Comment 14: On Sheets 10 and 11 of 23, include at least one (1) hashed parking spot with a handicapped
accessible ramp and connection to the sidewalk for all parking bays.
Response: To be discussed at Planning Department meeting.
Comment 15: On Sheets 10 and 11 of 23. label all right-of-ways and their associated widths.
Response: All right-of-ways have been labeled and associated widths given.
C Comment 16: Ott Sheets 10 and 11 of 23, there is what appears to be a creek running through the
property. If so, please identify and include a riparian buffer.
Response: To be discussed at Planning Department meeting.
Comment 17: Ott Sheets 10 and 11 of 23, please label all Building Restriction Lines.
Response: All building restriction lines have been labeled.
Comment 18: On Sheets 10 and 11 of 23. it appears that the cru-b and gutter in front of all the townhouses
are continuous. Please show curb ctts for all driveways.
Response: Curb cuts have been given at all driveways.
File #216OA-2/SM/dlm 2
Comment 19: Ott Sheet I of 23, please identify' and include a detail of the retaining wall.
Response: The retaining wall has been labeled. However, this retaining wall is by others.
Comment 20: On Sheets 4. 8. 9, 10, 11 of 23, insert a North Arrow.
Response: A North Arrow has been added to all sheets.
Comment 21: The Fieldstone Master Development Plan #03-04 has a cross-section which identifies a six
foot asphalt trail and a six foot trail with mulched or wood chip surface, within the 50' Road Efficiency.
The SDP has not picked this up. Staff recommends that the two trails be consolidated into a single ten foot
asphalt trail, along the east side of Channing Drive, so that it may conform with current VDOT standards.
Response: To be discussed at Planning Department meeting.
*Comm*Comment 22: Ott Sheets/0 and 11, connect the sidewalks along Nassau Dr to the ten foot asphalt trail
ent
Channing Drive.
Response: To be discussed at Planning Department meeting.
Comment 23: On Sheet II of'23, identify all open space.
Response: All open space has been identified.
Comment 24: On Sheet 21 of 23, include a detail of how the 50' Road Efficiency Buffer along Channing
Drive will be landscaped with a buffer plant list.
Response: To be discussed at Planning Department meeting.
Comment 25: On Sheet 21 of 23. include additional landscaping to buffer the parking bays fronting
Channing Drive, and the sides of any dwelling units.
Response: To be discussed at Planning Department meeting.
Comment 26: On Sheet 21 of 23, change the title of the sheet from "Grading Plan" to "Landscaping
Plan ".
Response: On sheet 22 of 24, the title has been changed from "Grading Plan" to "Landscape Plan".
Comment 27: Ott Sheet 21 of 23, according to the Frederick County Zoning Ordinance Section 165-36B
(1), the shrubs selected for this development are all classified as ornamental. Therefore, Clethra and
Forsythia cannot be used as screening. Please address this issue.
Response: To be discussed at Planning Department meeting.
Comment 28: On Sheet 21 of 23. according to Frederick County Zoning Ordinance Section 165-36B (1),
the Japanese Flowering Crabapple is not an approved street tree. Please replace this with an approved
tree from plant selection.
Response: To be discussed at Planning Department meeting.
File #2 I6OA-2/SM/dim 3
Please contact us at your convenience if you have any questions or to schedule a meeting if any of the
comments need further discussion. Thank you for your time in this matter.
Sincerely,
Greenway Engineering
Steve McVeigh
Enclosures
Cc: Carla Coffey — Arcadia Development Co.
Niki Adhikusuma, PE - Greenway Engineering
File #216OA-2/SM/dlm
I
S
September 13, 2005
Greenway Engineering
Attention: Tung Niki Adhikusuma
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Fieldstone II, Phases 1 & 2; Subdivision Design Plan Review
Dear Mr. Adhikusuma:
I have had the opportunity to review the Subdivision Design Plan (SDP) for Fieldstone II,
Sections 1 & 2, received by this office on July 26, 2005. Please address the following
comments:
1. On Sheet l of 23, regarding the Overall Project Tabulations, correct the third row down
to read "Section Two Phase 3 & 4."
2. On Sheet 1 of 23, regarding the Sheet Index, you made mention of 24 pages, yet there are
only 23. Please adjust the index.
3. On Sheet 1 of 23, include a note that mentions that all utilities must be underground.
4. On Sheet 1 of 23, change the Frederick County Zoning Administrator signature block to
Frederick County Subdivision Administrator.
5. Correct the magisterial district names on all sheets.
6. Increase the width of all sidewalks from four feet to five feet to conform to VDOT
standards.
7. According to Section 144-19 of the Frederick County Subdivision Ordinance, street
lights, stop signs, and street signs shall be provided at all intersections. Please include this
in the plans.
8. On Sheets 2, 3, 5, 9, 10, 11, 13, and 21 of 23, identify the 50' Road Efficiency Buffer.
9. On Sheet 2 of 23, please explain why categories II and III are needed in the public road
classification table:
10.On Sheet 2 and 3 of 23, list all adjoiners' information.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
i
Mr. Tung Niki Adhikusuma
Re: Fieldstone II, Phases 1 & 2
September 13, 2005
Page 2
11. Revise all plans showing Channing Drive built all the way to the property line.
12.On Sheets 10 and 11 of 23, connect all sidewalks via extensions, additional ramps, and
wrapping sidewalks around the ends of private streets to provide for better connectivity.
13.On Sheets 10 and 11 of 23, include crosswalks at all appropriate locations.
14.On Sheets 10 and 11 of 23, include at least one (1) hashed parking spot with a
handicapped accessible ramp and connection to the sidewalk for all parking bays.
15.On Sheets 10 and 11 of 23, label all right-of-ways and their associated widths.
16.On Sheets 10 and 11 of 23, there is what appears to be a creek running through the
property. If so, please identify and include a riparian buffer.
17.On Sheets 10 and 11 of 23, please label all Building Restriction Lines
18.On Sheets 10 and 11 of 23, it appears that the curb and gutter in front of all the
townhouses are continuous. Please show curb cuts for all driveways.
19.On Sheet 11 of 23, please identify and include a detail of the retaining wall.
20.On Sheets 4, 8, 9, 10, 11 of 23, insert a North Arrow.
21. The Fieldstone Master Development Plan 403-04 has a cross-section which identifies a
six foot asphalt trail and a six foot trail with mulched or wood chip surface, within the 50'
Road Efficiency. The SDP has not picked this up. Staff recommends that the two trails
be consolidated into a single ten foot asphalt trial, along the east side of Channing Drive,
so that it may conform with current VDOT standards.
22.On Sheets 10 and 11, connect the sidewalks along Nassau Dr to the ten foot asphalt trail
alongside Channing Drive.
23. On Sheet 11 of 23, identify all open space.
24.On Sheet 21 of 23, include a detail of how the 50' Road Efficiency Buffer along
Channing Drive. will be landscaped with a buffer plant list.
25.On Sheet 21 of 23, include additional landscaping to buffer the parking bays fronting
Channing Drive. and the sides of any dwelling units.
a
Mr. Tung Niki Adhikusuma
Re: Fieldstone II, Phases 1 & 2
September 13, 2005
Page 3
26.On Sheet 21 of 23, change the title of the sheet from "Grading Plan" to "Landscaping
Plan."
27.On Sheet 21 of 23, according to the Frederick County Zoning Ordinance Section 165-
36B(1), the shrubs selected for this development are all classified as ornamental.
Therefore, Clethra and Forsythia cannot be used as screening. Please address this issue.
28.On Sheet 21 of 23, according to Frederick County Zoning Ordinance Section 165-36B(1),
the Japanese Flowering Crabapple is not an approved street tree. Please replace this with
an approved tree from the plant selection.
The application seeking approval is denied until the issues identified in this letter have been
adequately addressed. Please address the above comments and resubmit. Staff has had a long
working relationship with Greenway Engineering, and the number of corrections needed for this
project is unnecessary. This department should not be used as a source for quality control. I
have enclosed a marked copy of the plans to assist with the revisions. If you have any questions,
please feel free to call.
Sincerely,
Bernard S. Suchicital
Planner I
BSS/bad
Attachment
cc: Arcadia Development Co., 117 N. Bailey Lane, Purcellville, VA 20134-1150
1 �p.L+ •30
SUBDIVISION DESIGN PLAN
CHECKLIST
The subdivision design plan shall be drawn at a scale that is
acceptable to the Subdivision Administrator. The subdivision
design plan shall include a sheet depicting the full subdivision
submitted. The subdivision design plan shall include the following
information:
title "Subdivision Design Plan for 9-�b,.,�-IV
"s e ( e! Z— of
with a notation of all previous names of the subdivision.
/ original property identification number.
page number and total pages on each page.
name of the owner and/or subdivider
vicinity map [scale of one to two thousand (1:2000)]
showing all roads, properties and subdivisions within one
thousand (1000) feet of the subdivision.
written and graphic scale.
day, month and year plan prepared and revised.
4 North arrow.
name of the Magisterial District where located.
✓ zoning of all land to be subdivided.
boundary survey of all lots, parcels and rights -of -way
showing bearings to the nearest minute and distances to
the nearest one-hundreth (1/100) of a foot.
topography shown at a contour interval acceptable to the
Subdivision Administrator but in no case greater than
five (5) feet.
names of owners, zoning and use of all adjoining
properties and deed book and page number references for
each adjoining parcel.
proposed use of each lot, with the number of lots in each
use category.
area of each lot and parcel, the total area of the
subdivision and the total area in lots.
10
IN
N location and area of each parcel of common open ace and
P P P
the total area of common open space.
✓ location, names, right-of-way widths and classifications
of existing and planned roads, streets and shared private
driveways adjacent to and on the property.
existing or proposed utilities, sewer and water lines,
manholes, fire hydrants and easements.
existing and proposed drainage ways, drainage facilities,
culverts and drainage easements with dimensions and
design details.
stormwater management plan with calculations describing
how stormwater management requirements are being met,
including the location and design details of proposed
facilities.
proposed grading plan including spot elevations and flow
arrows.
cross sections, profiles and design details of all
proposed streets, roads, culverts, storm sewers, sanitary
sewers and water mains.
/ locations, dimensions and cross sections of existing and
proposed sidewalks and walkways.
location of environmental features
including
floodplain,
_
steep slopes, wetlands, sinkholes,
stormwater detention areas.
woodlands
and natural
names of all streams and bodies of water, including all
/one -hundred -year flood limits as mapped by FEMA. location of all land to be dedicated or reserved for
/ public use.
location of required setback lines on each lot.
location of proposed recreational areas and facilities.
location of proposed buffers and screening with design
details, locations and types of plants and screening.
proposed landscaping with location and types of plants.
certification by an engineer, surveyor or other qualified
professional of the accuracy of the plat.
11
signature of the owner or principals certifying ownership
of the property.
statement listing all requirements and conditions placed
on the land included in the subdivision resulting from
approval of conditional zoning or a conditional use
permit.
signature line for the Subdivision Administrator.
12
r
COUNTY of FREDERICK
Department of Public Works
540/665-5643
FAX: 540/678-0682
August 22, 2005
Mr. Niki Adhikusuma, P.E.
Greenway. Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Subdivision Plan Comments - Fieldstone - Section II, Phases 1 and 2
Frederick County, Virginia
Dear Niki:
Upon review of the subject subdivision plan, we offer the following comments:
1) Note 2 on page 2 of 23 indicates that a geotechnical engineered report shall be
submitted for the controlled fill. Revise the note to indicate that a slope stability
analysis will be required as well for all fill slopes steeper than 3:1 to ensure their
stability. Provide a stabilization plan for the areas with steep slopes. We
recommend crown vetch on the slopes to prevent erosion.
2) The plan proposes the release of several,storm sewer discharges from the top of
the slope with no defined channel indicated. It will be necessary to ensure that the
downstream areas will not be impacted by erosion created by these discharges.
3) It appears that all of the outlet protection dimensions indicated on the plan are the
same size. Review the outlet protection details and dimensions indicated for all
culverts and revise them as necessary to ensure that they are in compliance with
VESCH Standard 3.18.
4) On page 6 of 23, Under the erosion and sediment control narrative, the note about
soils indicates that a geotechnical report was prepared by Triad Engineering.
Submit a copy of the report for our review.
5) The drainage report proposes that uncontrolled flows from sub -area A will drain
107 North Kent Street • Winchester, Virginia 22601-5000
1
AUG 2 2 2005
Fieldstone, Section II, Phases 1 and 2 Comments
Page 2
August 22, 2005
towards Abrams Creek. It will be necessary to verify that adequate channels exist
below the stormwater discharge.
Once these comments have been addressed, submit one (1) copy of the plan and
calculations for further review.
Sincerely,
tt�d'"
UJ
Joe C. Wilder
Deputy Director
JCW/rls
cc: Planning and Development
file
A:\fleldstonesecII,phI&IIcom.wpd
APPLICATION AND CHECKLIST J U L 2 6 2005
SUBDIVISION
FREDERICK COUNTY VIRGINIA
Applicant/Agent: Greenway Engineering
Address: 151 Windy Hill Lane
Winchester. VA 22602
Phone: 540-662-4185
Owners Name: Arcadia Development Co.
Address: 117 North Bailey Lane
Purcellville, VA 20134-1150
Phone: 540-751-0321
Please list names of all owners, principals and/or majority stockholders:
Contact Person: Steve McVeigh
Phone: 540-662-4185
NAME OF SUBDIVISION: Fieldstone Section II Phases 1&2
Number of Lots: 102 Total Acreage 49.33
Property Location: Intersection of Channing Drive and Nassau Road
(Give State Rt. #, name, distance and direction from intersection)
Magisterial District Opequon
Property Identification Number (PIN) 55-((A)) 165C, 175E, 204,210
(Parent Tract)
Property zoning and present use: Residential
Adjoining property zoning and use: Single family homes, Agricultural, Vacant
Has a Master Development Plan been submitted for this project? x Yes No
If yes, has the final MDP been approved by the Board of Supervisors? x Yes No
What was the Master Development Plan title? Fieldstone Subdivision
Does the plat contain any changes from the approved MDP? Yes x No
If yes, specify what changes:
Minimum Lot Size (smallest lot) 2,000 square feet
Number and types of housing units in this development: 102 Townhomes
I have read the material included in this package and understand what is required
by the Frederick County Planning Department. I also understand that all required
material will be complete prior to the submission of
my site plan.
Signature -
Date: ��
REQUEST FOR SUBDIVISION COMMENTS
Department of Planning and Development
Mail to•
Department of Planning and Development
Attn: County Planner
107 North Kent Street
Winchester, VA 22601
(540) 665-5651
Hand deliver to•
107 N. Kent Street
Fourth Floor
Winchester, VA
(540) 665-5651
Please fill out the information as accurately as possible in order to assist the agency with their review.
Please attach application, fee, location map, and two (2) copies of the site plan with this sheet.
Applicant's name, address and phone number:
Greenway Engineering
151 Windy Hill Lane, Winchester, VA 22602
540-662-4185
Name of development and/or description of the request:
Fieldstone Subdivision, Section II, Phases 1 and 2
Location of property:
Intersection of Channinc Drive and Nassau Drive
Planning and Development's Comments:
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANS MIT TAL
Project Name: Fieldstone -Section II, Phases 1 and 2
File No: 2160A
Date August 3, 2005
To: FC Planning From: Steve McVeigh/dlm
Attn: Mark Cheran GREENWAY ENGINEERING
Phone: 540-662-4185
Copied Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail
❑ Other
❑ Urgent ® For Your Review
® Courier
❑ As You Requested
Message:
Mark,
Attached is the following for the above project for your review:
-Application fee check for $12,700.00
❑ Pick Up
® Please Comment
The application submittal packet was previously submitted to your office on July 26, 2005 with
the incorrect fee check.
Thank you for your assistance. Call with any questions
Hand Delivery and Pick Ups Only:
Received By: Date:
AUG 3 2005
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
T R A N S M I T T A L
Project Name: Fieldston-Section II, Phases 1 and 2
File No: 2160A
Date July 26, 2005
To: FC Planning From: Steve McVeigh/dlm
Attn: Mark Cheran GREENWAY ENGINEERING
Phone: 540-662-4185
Copied Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail
❑ Other
❑ Urgent ® For Your Review
® Courier
❑ As You Requested
Message:
Mark,
Attached is the following for the above project for your review:
-2 copies of the subdivision plans
-Subdivision plan application
-Application fee check for $14,700.00
-Planning comment sheet
Thank you for your assistance. Call with any questions
Hand Delivery and Pick Ups Only:
Received By: Date:
❑ Pick Up
® Please Comment
ARCADIA BUILDING COMPANY
117 N. BAILEY LANE
P.O. BOX 1150 v
0
PURCELLVILLE, VIRGINIA 20134
(540)751-0321 '
BANK OF AMERICA 68-1
510
DATE CHECK NO.
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AMOUNT
32081
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TO THE �}
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Candice
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ar
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Document Approval Form
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR
APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR
APPROVAL.
IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE
COMMENTS AS TO WHAT YOU WOULD LIKE TO RAVE COMPLETED.
IMTIALS DATE & TIME
Candice
Bernie
(;ark
Susan
Eric
Mike
Kevin
John
COMMENTS:
Received by Clerical Staff (Date & Time):
1 �I
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Please rule: 'I'Iic Suhdivision/C ll W plans associated
with this lile are Ideated in the file room.
SUBDIVISION 129-05 FIELDSTONE II,
Opequon 102 LOTS 49.33 ACRES