Rock Creek Neighborhood Association

ROCK CREEK ARCHITECTURAL AND ACTIVITY POLICIES

Pursuant to the Dedication, Protective Restrictions, Covenants, Limitations, Easements and Approvals Appended of the Plat and all Sections of Communities of Rock Creek, Inc. (hereafter, the Covenants), the following Architectural and Activity Policies have been adopted as an addendum to the Protective Restrictions of Rock Creek Community Association (hereafter, the Association) by its Board of Directors and are meant to ensure the long-term value, appearance, and desirability of Rock Creek.  These policies are binding on all homeowners, Lot owners, residents, and guests in Rock Creek.  These policies are subject to changes or additions, from time to time, by the Board of Directors of the Association with a vote.  The vote must have at least 75% approval from all homeowners.  Timely compliance with these policies is the responsibility of each homeowner, Lot owner, resident, and guest in Rock Creek.

 

ENFORCEMENT:  The Association, the Developer, and any Owner (individually or collectively but after having taken the appropriate steps through the Association to do so) shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, Architectural and Activity Policies, liens and charges now or subsequently impose.  Failure by the Association, Developer or any Owner to enforce any provisions shall in no event be deemed a waiver of the right to do so later.  Where the language and provisions of the Architectural and Activity Policies differ from those of the recorded Covenants of Rock Creek, the Articles of the Association or its Bylaws, if any, those provisions shall apply, to the extent o any inconsistency between those provisions and these provisions.  The decision of the Board of Directors shall be final regarding interpretation of either the meaning or the intent of any of the language in these policies.

 

INVALIDATION:  Invalidation of any language or provisions of these Architectural and Activity Policies by judgment or court order shall not affect any remaining language or provisions, and such remaining language and provisions shall remain in full force and effect.  No invalidation of any language or provisions of these Architectural and Activity Policies shall affect any of the language or provisions of the recorded Covenants of Rock Creek.

 

GENERAL

 

Pursuant to Section 5 of the Covenants, no building, fence, deck, wall, in-ground swimming pool, or any other structure, whether temporary or permanent, shall be commenced, erected, or maintained upon a Lot, nor shall any exterior addition, change, or alteration be made to a structure on a Lot until the plans and specification showing the structure’s nature, kind, shape, height, materials, and location are submitted to, and approved by the Committee in writing as to the structures harmony of external design and location in relation to surrounding structures an topography in Rock Creek.

 

 

An Architectural Review Request From is available from members of the Committee or from the Secretary of the Board of Directors.  Completed Architectural Review Request Forms must be submitted to the Chairperson of the Committee or the President of the Association including any additional information needed for a full description of the proposed project.  Additional information may include, but is not limited to:

 

• A drawing or detailed sketch with dimensions
• Material types(s) and color(s)
• Proposed location(s)
• Party(ies) doing any required construction or installation, and time frame required

 

In the event that the Committee, or the Board of Directors of the Association, fails either to approve or to disapprove the design or location of a proposed structure or project as properly submitted on an Architectural Review Request From (with any necessary supporting information) within thirty (30) days after receipt by the chair of the Committee or the President, then approval of such project or structure will be deemed to have been given.  A request for additional information either by the Committee or by the Board of Directors shall be considered disapproval, and the 30-day time frame begins with receipt by the chair of the Committee or the President, of the additional requested information.  This “default” approval provision only applies to permissible projects and/or structures.

 

A.        POLICIES INVOLVING ACTION BY OR APPROVAL FROM THE COMMITTEE

 

A.1.           FENCES:  Fences must be commercial-grade wood or appropriate PVC (vinyl) fence materials with a maximum height of six (6) feet.  Chain-link and other metal or wire fences are specifically prohibited.  The Committee will not approve construction of or modification of any fence that, in the Committees sole opinion, would create a sight obstruction of any lake or would create a sight obstruction and, therefore, safety hazard on any street.  Fence finish must be natural earth tone paint, stain or natural wood and must conform aesthetically both with th home and with the neighboring homes.  Fence posts must either be integral with the fence or face the interior of the fence; external fence posts are prohibited.  Fences shall not extend forward of the back line of the home, i.e. fences are limited to backyards, except for an extension needed to encompass a garage service door.  Fences must be maintained in a high state of repair.

 

A.2.           SWIMMING POOLS AND HOT TUBS:  Only in-ground swimming pools are permissible, subject to approval by the Committee and must be fully enclosed by a fence of approved construction, which generally, must be six (6) feet high.  Any exterior gate to the fence enclosing a pool must have childproof latches.  Cabanas are permitted (subject to approval by the Committee) inside the fence when used to house pump and filtration equipment for an in-ground pool.  Hot tubs located exterior to a home are subject to the approval of the Architectural Review Committee.  All pools, hot tubs and structures must be maintained in a high state of repair.

A.3.           PLAYGROUND SETS:  Playground sets and trampolines require Committee approval and are permitted only in backyards and at a location approved by the Committee.  Playground sets and trampolines must not be located on common grounds or outside lot boundaries.  Maximum height permitted is twelve (12) feet; while maximum length permitted is twenty-five (25) feet.  Playground sets must be of heavy wood construction, earth-tone color, and must be maintained in a high state of repair.  Playground sets may contain some plastic or metal accessory parts (example:  a slide) but any playground set made either exclusively or primarily from plastic, vinyl, or metal materials is prohibited for exterior use.  Trampolines also must be maintained in a high state of repair, including regular (weekly) moving and trimming around and under the trampoline.

 

A.4.           FREESTANDING POLES:  No clotheslines or clothes poles, or any other freestanding, semi-permanent or permanent, rigs, or devices, regardless of purpose, shall be constructed, erected, located, or used on any Lot.  However, one flagpole may be erected, subject to approval by the Committee, for the sole purpose of displaying the United States Flag.

 

A.5.           BASKETBALL POSTS AND GOALS:  Plans for permanently installed basketball posts and goals are subject to review and approval by the Architectural Committee.  Basketball posts and goals must be freestanding (not attached to the house, garage or roof), constructed of commercial-grade materials, and located no more than twenty (20) feet from the dwelling without Committee approval.  Portable goal posts are free standing and must be stored inside the dwelling in the winter months.  All posts and goals must be maintained in a high state of repair.

 

A.6.           ANTENNAS AND COMMUNICATION EQUIPMENT:  No radio or television antenna with more than twenty-four (24) square feet of grid area, or one that attains height in excess of six (6) feet above the highest point of the roof of a residence, shall be attached to a residence on a Lot.  Solar panels (attached, detached or free-standing) are prohibited.  Freestanding radio or television antennas, and satellite dishes or disks, are prohibited.  No satellite dish or disk in excess of twenty-four (24) inches in diameter shall be permitted on any home.  However, one satellite dish or disk of less than twenty (24) inches in diameter may be attached to a home (not free-standing) in a manner and position approved by the Committee.  Satellite dishes or disks, radio and television antennas attached to the front of a residence are strongly discouraged.

 

A.7.           DWELLING EXTERIOR:  No exterior additions, changes or alterations to any dwelling shall be made until approval of plans, materials and locations has been obtained from the Architectural Review Committee.  Fireplace wood may not be stored on a driveway or in view of the front of the home.  No roll siding, asbestos siding or siding containing asphalt or tar as one of its principal ingredients shall be used in the exterior construction of any building on any Lot.  No roll roofing shall be used on the roof of any dwelling or attached garage.  It is the responsibility of every homeowner and a benefit to our community to ensure that every property is kept well maintained.

 

A.8.           LIGHTING:  No lighting attached to a dwelling shall be located above the roof eave line.  External lighting attached to w dwelling located on any Lot shall not utilize mercury vapor or similar lighting mechanisms.  Street lighting or ornamental yard lighting serviced by underground wires or cables are permitted; however, unusual or extensive lighting designs require approval by the Committee.  Floodlights mounted on poles, and any other similar designs, are prohibited.  External lighting not attached to a dwelling shall not exceed seven (7) feet in height.

 

B.        POLICIES NOT DIRECTLY INVOLVING THE COMMITTEE

 

B.1.           NUISANCE:  No noxious or offensive activity shall be carried out on any Lot, nor shall anything be done which either may be or may become an annoyance or nuisance to any resident(s) or guests in Rock Creek.  Noxious or offensive activities include:  loud music, repetitive dog barking, obtrusive lighting, and any other disruptive activities, which are or may be inconsiderate of neighbors.  The use of common ground must include respect for families whose homes adjoin such ground.  For example, access to ponds should be via common ground or walkways as opposed to along or through yards of neighbors.

 

B.2.           STRUCTURES:  No structures of a temporary character, trailer, boat or boat trailer, camper or camping trailer, recreational vehicle, motor home, basement, tent, shack, garage, barn, tool shed, dog house, dog run, burn barrel, or any other outbuilding or structure shall be constructed, erected, located, or used on any Lot for any purpose (including use as a residence), either temporarily or permanently.  Basements, however, may be constructed in conjunction with an approved single-family residence on a Lot.

 

B.3.           OUTSIDE STORAGE:  No boat, boat trailer, recreational vehicle, motor home, camper, camping trailer, truck, or any other wheeled vehicle, shall be permitted to be parked un-garaged on any Lot, or any street, for periods in excess of forty-eight (48) hours or for a period which, in the aggregate, exceeds eight (8) calendar days per year.  The term “truck” as used in this section means every motor vehicle designed, used, or maintained primarily for the transportation of property and rated one-ton or greater.  It is strongly recommended and requested – both for the sake of safety and for neighborhood appearance – that all motor vehicles be garaged when not in use.  On street parking by residents is prohibited.  Lawn and garden tools and equipment are to be stored inside when not in use.

 

B.4.           SIGNS:  No signs of any kind shall be displayed to the public view on a Lot except one professional sign (for example, stating that the dwelling is protected by ADT) of not more than one square foot, or one sign of not more than five square feet advertising a Lot or home for sale, or signs used by a builder to advertise a Lot during the construction and sales period.  Open house signs of not more than five square feet may be displayed, only between 7 a.m. on Friday and 5 p.m. on Sunday.  With the exception of signs advertising Association activities, such as monthly or annual meetings, signs placed in the common areas of Rock Creek, in particular at the entrances to the addition, are subject to the same time restrictions as open house signs.  Signs displayed in any common areas of Rock Creek, in any manner, which obstructs line-of-sight in any way, are prohibited.  Banners and flags for the purpose of advertising a house for sale, or for advertising an open house for the purpose of selling a house may be displayed only with prior, written approval by the Committee.  For Sale signs and Open House signs may be place only for the legitimate purpose of selling the specific house for which they are place, i.e., they may not be displayed on an indefinite basis without legitimate efforts being made to sell the house.  Garage sale signs are permitted the day of the sale and must be removed at the end of that day.

 

B.5.           ANIMALS:  No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot except that dogs, cats, or other household pets may be kept provided they are not kept, bred, or maintained for any commercial purpose.  All approved pets must be controlled in accordance with Allen County ordinances, including leash laws.  Pet owners must clean up feces deposited on common ground, neighbor’s yards, or easements.  In the interests of both sanitation and appearance, pet owners must regularly remove feces from yards.

 

B.6.           DUMPING AND TRASH DISPOSAL:  No Lot shall be used as a dumping ground rubbish, scrap, concrete or the like.  Trash, garbage, and other waste, shall not be kept in the yard or at the street in excess of twenty-four (24) hours and must be in closed sanitary containers – closed plastic bags may be used after sanitary containers are full.  Trash must not be allowed to blow onto streets, other Lots, common ground, or into lakes.  After disposal company pickup, sanitary containers must be returned either to the garage (preferred) or to an appropriate location out of plain view from the street.  Grass clippings must not be left on the street at any time.  Incinerators (external or internal) are prohibited, as are composting piles and containers.

 

The Association has negotiated a favorable contract for solid-waste disposal and recycling for residents of Rock Creek.  You may contact any Board member to obtain further information regarding the waste-disposals provider.  All residents of Rock Creek are required to use the waste disposal company contracted by the Association.  Payment for waste-deposal services is the responsibility of each resident and is not included in Association dues.

 

B.7.           YARDS AND LANDSCAPING:  Within sixty (60) days of original occupancy of a new dwelling (weather permitting), the yard shall be either seeded or sodded, and landscaping consisting of a minimum of twelve (12) well-developed shrubs shall be completed.  Yards must be free from weeds, trash, and other debris.  Grass must be mowed on a regular basis and maintained at a height no to exceed six (6) inches.  All erected retaining walls; mounds, holes or design related changes or additions to landscaping the Architectural Committee must approve.

 

B.8.           VACANT LOTS AND DWELLINGS:  Except for construction periods, all yards, home exteriors, and vacant Lots must be neat, clean, and free from weeds, trash, and other debris.  Bare areas must be seeded to control weeds and erosion.  Grass must be mown on a regular basis and maintained at a sight not to exceed six (6) inches.  During Construction, all materials, scrap, and trash must be contained and not be allowed to blow onto any street, other Lots, common ground, or into lakes.

 

B.9.           TRAFFIC:  No motorizes vehicles (mopeds, scooters, motorcycles, mini-bikes, go-carts, motorized three-wheelers, ATV’s or the like) are permitted either on the common grounds or easements in Rock Creek.  The use of streets by motorized vehicles must comply with Indiana state law and Allen County ordinances.  Motor vehicle drivers and/or operators must observe all posted speed limits (30 mph) for the safety of all residents and guests of Rock Creek, our children in particular, 25 mph or less is strongly recommended.

 

B.10.         HOUSEHOLD LAUNDRY:  Laundry items are not permitted to be aired or dried outside a home.  No clotheslines of either a temporary or permanent design may be erected or maintained on any Lot.