GUIDELINES RELATING TO RAIN BARRELS AND RAIN HARVESTING SYSTEMS, SOLAR ENERGY DEVICES, STORM AND ENERGY EFFICIENT SHINGLES, FLAGS, RELIGIOUS ITEMS, DROUGHT-RESISTANT LANDSCAPING AND WATER-CONSERVING NATURAL TURF, AND STANDBY ELECTRIC GENERATORS for LARCHMONT CIVIC CLUB
THE STATE OF TEXAS
COUNTY OF HARRIS
I, GRANT HALL, Secretary of Larchmont Civic Club (the "Association"), do hereby certify that at a meeting of the Board of Directors of the Association (the "Board") duly called and held on the 9TH DAY OF JULY, 2018, with at least a quorum of the Board being present and remaining throughout, and being duly authorized to transact business, the following Guidelines Relating to Rain Barrels and Rain Harvesting Systems, Solar Energy Devices, Storm and Energy Efficient Shingles, Flags, Religious Items, Drought-Resistant Landscaping and Water-Conserving Natural Turf, and Standby Electric Generators (these "Guidelines") were duly approved by a majority vote of the members of the Board in attendance:
RECITALS:
1. Chapter 202 of the Texas Property Code was amended to add sections relating to rain
barrels and rain harvesting systems, solar energy devices, storm and energy efficient shingles,
flags, religious items, drought-resistant landscaping and water-conserving natural turf, and
standby electric generators.
2. The Board desires to adopt guidelines relating to rain barrels and rain harvesting
systems, solar energy devices, storm and energy efficient shingles, flags, religious items, drought-resistant landscaping and water-conserving natural turf, and standby electric generators consistent with the applicable provisions in Chapter 202 of the Texas Property Code.
GUIDELINES:
Section 1. Definitions. Capitalized terms used in these Guidelines have the following meanings:
1.1. Board - The Board of Directors of the Association.
1.2. Declaration - The Amended and Restated Restrictions, Reservations and Covenants for Larchmont Civic Association recorded under County Clerk's File No. N522702 in the Official Public Records of Real Property of Harris County, Texas, and any subsequent amendments and supplements thereof.
1.3. Dedicatory Instrument (or dedicatory instrument) - Each document governing the
establishment, maintenance or operation of the properties within Larchmont, as more particularly defined in Section 202.001 of the Texas Property Code.
1.4. Guidelines - These Guidelines Relating to Rain Barrels and Rain Harvesting Systems, Solar Energy Devices, Storm and Energy Efficient Shingles, Flags, Religious Items, and Drought-Resistant Landscaping and Water-Conserving Natural Turf and Standby Electric Generators for Larchmont Civic Association.
1.5. Subdivision - shall mean Larchmont, a subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 47, Page 31 of the Map Records of Harris County, Texas and all amendments to or replats of said maps or plats, if any.
Other capitalized terms used in these Guidelines have the same meanings as that ascribed
to them in the Declaration.
Section 2. Rain Barrels and Rain Harvesting Systems. Section 202.007 of the Texas
Property Code provides that a property owners' association may not enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing rain barrels or a rain harvesting system on the property owner's Lot. However, Section 202.007 of the Texas
Property Code further provides that a property owners' association is not required to permit a rain barrel or rainwater harvesting system to be installed on a Lot in particular circumstances or
restricted from regulating rain barrels and rain harvesting devices in specified manners.
The following guidelines shall be applicable to rain barrels and rain harvesting systems in
the Subdivision:
2.1. Board Approval. In order to confirm the proposed rain barrel or rain harvesting device is in compliance with these guidelines, Owners are encouraged to apply to the Board for prior approval. The Association may require an Owner to remove rain barrel or rain harvesting device that does not comply with requirements of these guidelines.
2.2. Location. A rain barrel or rain harvesting system is not permitted on a Lot between the front of the residential dwelling on the Lot and an adjacent street.
2.3. Color and Display. A rain barrel or rain harvesting system is not permitted:
a. unless the color of the rain barrel or rain harvesting system is consistent with the color scheme of the residential dwelling on the Owner's Lot; or
b. if the rain barrel or rain harvesting system displays any language or other content that is not typically displayed by the rain barrel or rain harvesting system as it is manufactured.
2.4. Regulations if Visible. If a rain barrel or rain harvesting system is located on the side of the residential dwelling on the Lot or at any other location on the Lot that is visible from a street, another Lot, or a Common Properties, the rain barrel or rain harvesting system must comply with the following regulations:
a. Rain Barrel:
(i) Size: A maximum height of forty-two (42) inches and a maximum capacity of fifty (50) gallons.
(ii) Type: A rain barrel that has the appearance of an authentic barrel and is either entirely round or has a flat back to fit flush against a wall. A rain barrel must have a manufactured top or cap to prevent or deter the breeding of mosquitoes.
(iii) Materials: Wood, metal, polyethylene or plastic resin designed to look like an authentic barrel in brown or other earthtone color.
(iv) Screening: The rain barrel must be screened with evergreen landscaping to minimize its visibility from a street, another Lot, and Common Properties, unless otherwise approved in writing by the Board.
(v) Downspout: The downspout which provides water to the rain barrel must be the same color and material as the gutters on the residential dwelling. Further, the downspout must be vertical and attached to the wall against which the rain barrel is located.
Rain Harvesting System: A rain harvesting system must collect and store the water underground. The portion of a rain harvesting system that is aboveground must appear to be a landscape or water feature. The above-ground portion of the rain harvesting system shall not extend above the surface of the ground by more than thirty-six (36) inches. The above-ground portion of the rain harvesting system must be screened with evergreen landscaping to minimize visibility from a street, another Lot, and Common Properties, unless otherwise approved in writing by the Board.
Provided that, the regulations in this Section 2.4 shall be applicable only to the extent that they do not prohibit the economic installation of the rain barrel or rain harvesting system on the Lot and there is a reasonably sufficient area on the Lot in which to install the rain barrel or rain harvesting system.
Section 3. Solar Energy Devices. Section 202.010 of the Texas Property Code provides that a property owners' association may not enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device except as otherwise provided therein. As used in Section 202.010 of the Texas Property Code, "solar energy device" has the meaning assigned by Section 171.107 of the Tax Code, which defines the term as "a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar generated power". The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.
The following guidelines shall be applicable to solar energy devices in the Subdivision:
3.1. Board Approval. The installation of a solar energy device requires the prior written approval of the Board. Provided that, the Board may not withhold approval if these Guidelines are met or exceeded, unless the Board determines in writing that placement of the device as proposed constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. The written approval of the proposed placement of the device by all Owners of property adjoining the Lot in question constih1tes prima facie evidence that substantial interference does not exist.
3.2. Location. A solar energy device is not permitted anywhere on a Lot except on the
roof of the residential dwelling or other permitted structure on the Lot or in a fenced yard or patio within the Lot.
3.3. Devices Mounted on a Roof. A solar energy device mounted on the roof of the residential dwelling or other permitted structure on all Lot:
a. shall not extend higher thal1 or beyond the roofline;
b. shall conform to the slope of the roof and have a top edge that is parallel to the roofline;
c. shall have frames, support brackets and/ or visible piping or wiring that are silver, bronze or black tone, as commonly available in the marketplace;
d. shall be located on the roof as designated by the Board unless all alternate location increases the estimated annual energy production of the device by more than ten percent (10%) above the energy production of the device if located in the area designated by the Board. For determining estimated annual energy production, the parties shall use a publicly available modeling tool provided by the National Renewable Energy Laboratory.
3.4. Visibility. A solar energy device located in a fenced yard or patio shall not be taller than or extend above the fence enclosing the yard or patio.
3.5. Warranties. A solar energy device shall not be installed on a Lot in a manner that voids material warranties.
3.6. Limitations. A solar energy device is not permitted on a Lot if, as adjudicated by a
court, it threatens the public health or safety or violates a law.
Section 4. Storm and Energy Efficient Shingles. Section 202.011 of the Texas Property Code provides that a property owners' association may not enforce a provision in a dedicatory
instrument that prohibits or restricts a property owner who is otherwise authorized to install
shingles on the roof of the Owner's property from installing shingles that:
a. are designed to:
(i) be wind and hail resistant;
(ii) provide heating and cooling efficiencies greater than those provided by customary composition shingles; or
(iii) provide solar generation capabilities; and
b. when installed:
(i) resemble the shingles used or otherwise authorized for use on property in the subdivision;
(ii) are more durable than and are of equal or superior quality to the shingles described below; and
(ill) match the aesthetics of the property surrounding the Owner's property.
4.1. Board Approval. In order to confirm the proposed shingles conform to the
foregoing guidelines, Owners are encouraged to apply to the Board for prior
approval. The Association may require an Owner to remove shingles that do not
comply with these guidelines.
4.2. Regulations. When installed, storm and energy efficient shingles must resemble, be more durable than, and be of equal or superior quality to the types of shingles otherwise required or authorized for use in the Subdivision. In addition, the storm or energy efficient shingles must match the aesthetics of the Lots surrounding the Lot in question.
Section 5. Flags. Section 202.011 of the Texas Property Code provides that a property
owners' association may not enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting a flag of the United States of America, the flag of the State of Texas, or an official or replica flag of any branch of the United States armed forces, except as otherwise provided therein.
The following guidelines shall be applicable to flagpoles and the three (3) types of flags listed in Section 202.011 of the Texas Property Code:
5.1. Board Approval. A flagpole that does not comply with all setbacks, above-ground flagpole stands and/ or footings, and illumination under Section 5.6 must be approved by the Board. Additionally, in order to confirm a proposed flagpole conforms to the following standards, Owners are encouraged to apply to the Board for prior approval. The Association may require an Owner to remove flagpoles, flagpole footings, or flags that do not comply with these Guidelines.
5.2. Flag of the United States. The flag of the United States must be displayed in accordance with applicable provisions of 4 U.S.C. Sections 5-10, which address, among other things, the time and occasions for display, the position and manner of display, and respect for the flag.
5.3. Flag of the State of Texas. The flag of the State of Texas must be displayed in accordance with applicable provisions of Chapter 3100 of the Texas Government Code, which address, among other things, the orientation of the flag on a flagpole or flagstaff, the display of the flag with the flag of the United States, and the display of the flag outdoors.
5.4. Flagpoles.
a. Not more than one (1) freestanding flagpole or flagpole attached to the residential dwelling or garage (on a permanent or temporary basis) is permitted on a Lot.
b. A freestanding flagpole shall not exceed twenty (20) feet in height, measured from the ground to the highest point of the flagpole.
c. A flagpole attached to the residential dwelling or garage shall not exceed six (6) feet in length.
d. A flagpole, whether freestanding or attached to the residential dwelling or garage, must be constructed of permanent, long-lasting materials with a finish appropriate to materials used in the construction of the flagpole and harmonious with the residential dwelling on the Lot on which it is located.
e. A flagpole shall not be located in an easement or encroach into an easement.
f. A freestanding flagpole shall not be located nearer to a property line of the Lot than the applicable setbacks as either shown on the recorded plat or as set forth in the Declaration. Provided, with the prior written approval of the Board, a freestanding flagpole may be located up to five feet (5') in front of the front building setback line for a Lot. Above-ground stands and/ or footings also require Board approval in accordance with Section 5.1.
g. A flagpole must be maintained in good condition; a deteriorated or structurally unsafe flagpole must be repaired, replaced or removed.
h. An Owner is prohibited from locating a flagpole on property owned or maintained by the Association.
i. A freestanding flagpole must be installed in accordance with the manufacturer's guidelines and specifications.
j. If the footing and/ or stand for a freestanding flagpole extends above the surface of the ground, the Board may require the installation of landscaping to screen the stand a11d/ or footing from view.
5.5. Flags.
a. Only the three (3) types of flags addressed in this Section shall be displayed on a freestanding flagpole. Other types of flags may be displayed on a wall-mounted flagpole as otherwise provided in architectural guidelines adopted by the Association or as otherwise permitted by the Association.
b. Not more than two (2) of the permitted types of flags shall be displayed on a flagpole at any given time.
c. The maximum dimensions of a displayed flag on a freestanding flagpole that is less than fifteen (15) feet in height or on a flagpole attached to the residential dwelling or garage shall be three (3) feet by five (5) feet.
d. The maximum dimensions of a displayed flag on a freestanding flagpole that is fifteen (15) feet in height or greater is four (4) feet by six (6) feet.
e. A displayed flag must be maintained in good condition; a deteriorated flag must be replaced or removed.
f. A flag must be displayed on a flagpole. A flag shall not be attached to the wall of the residential dwelling or other structure on a Lot or a fence or be displayed in a window of the residential dwelling or other structure on a Lot.
5.6. Illumination. Illumination of a flag is permitted but the lighting must be in-ground and have a maximum of 150 watts. High intensity lighting such as mercury vapor, high pressure sodium, or metal halide is not permitted. The lighting is required to be compatible with exterior lighting within the Subdivision and appropriate for a residential neighborhood. Lighting used to illuminate a flag shall be positioned in a manner so that the lighting is not directed toward an adjacent Lot or a street adjacent to the Lot and does not otherwise unreasonably affect an adjacent Lot.
5.7. Noise. An external halyard on a flagpole is required to be securely affixed to the flagpole so that it is not moved by the wind and thereby permitted to clang against the flagpole.
Section 6. Religious Items. Section 202.018 of the Texas Property Code provides that a property owners' association may not enforce or adopt a restrictive covenant that prohibits a property owner or resident from displaying or affixing on the entry to the owner's or resident's residential dwelling one or more religious items, the display of which is motivated by the owner's or resident's sincere religious belief, except as otherwise provided therein. Section 202.001 (4) of the Texas Property Code defines "restrictive covenant'' to mean any covenant, condition, or restriction contained in a dedicatory instrument.
The following guidelines shall be applicable to the display of religious items in the Subdivision:
6.1. Board Approval. As authorized by the Declaration and, therefore, allowed by Section 202.018(c) of the Texas Property Code, any alteration to the entry door or door frame must first be approved by the Board.
6.2 Location. Except as otherwise provided in this Section, a religious item is not permitted anywhere on a Lot except on the entry door or door frame of the residential dwelling. A religious item shall not extend past the outer edge of the door frame.
6.3. Size. The religious item(s), individually or in combination with each other religious
item displayed or affixed on the entry door or door frame, shall not have a total size
of greater than twenty-five (25) square inches.
6.4. Content. A religious item shall not contain language, graphics, or any display that
is patently offensive to persons of ordinary sensibilities.
6.5. Limitation. A religious item shall not be displayed or affixed on an entry door or door frame if it threatens the public health or safety or violates a law.
6.6. Color of Entry Door and Door Frame. An Owner or resident is not permitted to use a color for an entry door or door frame of the Owner's or resident's residential dwelling or change the color of an entry door or door frame that is not authorized by the Board.
6.7 Other. Notwithstanding the above provisions: (i) the Board shall have the authority to allow a religious statue, such as by way of example and not in limitation, a statue of St. Francis of Assisi or other religious item in a landscape bed or other portion of a Lot, and (ii) these Guidelines shall not prohibit or apply to temporary seasonal decorations related to religious holidays as otherwise permitted in the Subdivision.
Section 7. Xeriscape Landscaping. Section 202.007 of the Texas Property Code provides that a property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from using drought-resistant landscaping or water conserving natural turf except as otherwise provided therein. The following Guidelines shall be applicable to drought-resistant landscaping or water-conserving natural turf on Lots in the Subdivision:
7.1. Board Approval. The installation of drought-resistant landscaping and water conserving
natural turf requires the prior written approval of the Board.
7.2. Criteria. A proposed installation of drought-resistant landscaping and water conserving
natural turf shall be reviewed by the Board to ensure, to the extent practicable, maximum aesthetic compatibility with other landscaping in the Subdivision.
Section 8. Standby Electric Generators. Section 202.019 of the Texas Property Code provides that a property owners' association may not adopt or enforce a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting an owner from owning, operating, installing or maintaining a permanently installed standby electric generator except as otherwise provided therein. The following guidelines shall be applicable to standby electric generators on Lots in the Subdivision:
8.1. Definition of Standby Electric Generator. A device that converts mechanical energy to electrical energy and is:
a. powered by natural gas, liquefied petroleum gas, diesel fuel, biodiesel fuel, or hydrogen;
b. fully enclosed in an integral manufacturer-supplied sound attenuating enclosure;
c. connected to the main electrical panel of the residential dwelling by a manual or automatic transfer switch; and
d. rated for generating capacity of not less than seven (7) kilowatts.
8.2. Board Approval. The Declaration requires an Owner to submit an application for a proposed exterior improvement on the Owner's Lot and obtain the written approval of the application from the Board prior to installation or construction. Accordingly, a Standby Electric Generator may not be installed on a Lot unless an application therefor is first submitted to and approved in writing by the Board as to compliance with the provisions of this Section. The submission of plans must include a completed application for Board review, a site plan showing the proposed location of the Standby Electric Generator, the type of screening to be used (if required as provided in Section 8.4., below), and a copy of the manufacturer's brochures. The Board may not withhold approval of a Standby Electric Generator if the proposed installation meets or exceeds the provisions set forth in Section 8.3., below, and, if visible as provided in Section 8.4., below, the Standby Electric Generator is screened in the manner required by the Board.
8. 3. Requirements. The installation and operation of a permanent Standby Electric Generator on a Lot is permitted, subject to the prior written approval of the Board and compliance with the following requirements:
a. a Standby Electric Generator must be installed and maintained in compliance with the manufacturer's specifications and applicable governmental health, safety, electrical, and building codes;
b. all electrical, plumbing, and fuel line c01mections for a Standby Electric Generator must be installed by a licensed contractor;
c. all electrical com1ections for a Standby Electric Generator must be installed in accordance with applicable governmental health, safety, electrical, and building codes;
d. all natural gas, diesel fuel, biodiesel fuel, or hydrogen fuel line connections for a Standby Electric Generator must be installed in accordance with applicable governmental health, safety, electrical, and building codes;
e. all liquefied petroleum gas fuel line connections for a Standby Electric Generator must be installed in accordance with rules and standards promulgated and adopted by the Railroad Commission of Texas and other applicable governmental health, safety, electrical, and building codes;
f. a nonintegral Standby Electric Generator fuel tank must be installed and maintained to comply with applicable municipal zoning ordinances and governmental health, safety, electrical, and building codes;
g. a Standby Electric Generator and all electrical lines and fuel lines relating to the Standby Electric Generator must be maintained in good condition;
h. a deteriorated or unsafe component of a Standby Electric Generator, including electrical or fuel lines, must be repaired, replaced, or removed;
i. periodic testing of a Standby Electric Generator shall be in accordance with the manufacturer’s recommendations, and shall occur not more than once a week, excluding Sundays, between the hours of 10:00 a.m. and 4:00 p.m.; and
j. the preferred location of a Standby Electric Generator is:
(i) at the side or rear plane of the residential dwelling;
(ii) outside (not within) any easement applicable to the Lot;
(iii) outside (not within) the side setback lines applicable to the Lot.
However, in the event the preferred location either (i) increases the cost of installing the Standby Electric Generator by more than ten percent (10%) or (ii) increases the cost of installing and connecting the electrical and fuel lines for the Standby Electric Generator by more than twenty percent (20%), the Standby Electric Generator shall be located on the Lot in a position that complies as closely as possible with the preferred location without violating either (i) or (ii) herein.
8.4. Screening. If a Standby Electric Generator is:
a. visible from the street in front of the residential dwelling on the Lot on which it is located,
b. located in an unfenced side or rear yard of the Lot and is visible either from an adjoining Lot or from adjoining property owned by the Association, or
c. located in a side or rear yard of the Lot that is fenced by a wrought iron fence or residential aluminum fence and is visible through the fence either from an adjoining Lot or from adjoining property owned by the Association, the Owner will be required to screen the Standby Electric Generator by evergreen landscaping or in another reasonable manner, as determined by the Board.
8.5. Non-Payment for Utility Service. A Standby Electric Generator shall not be used to generate all or substantially all of the electrical power to a residential dwelling, except when utility-generated electrical power to the residential dwelling is not available or is intermittent due to causes other than non-payment for utility service to the residential dwelling.
8.6. Property Owned by the Association. No Owner may install or place a Standby Electric generator on property owned or maintained by the Association.
8.7. Non-Compliance. The installation of a Standby Electric Generator that is not in compliance with the provisions of this Standby Electric Generator Policy will be considered a violation of the Dedicatory Instruments governing the Subdivision.
In the event of a conflict between a provision in the Declaration and a provision in these
Guidelines that is based upon applicable law, the provision in these Guidelines shall control.
I hereby certify that I am the duly elected, qualified and acting Secretary of the Association
and that the foregoing Guidelines Relating to Rain Barrels and Rain Harvesting Systems, Solar
Energy Devices, Storm and Energy Efficient Shingles, Flags, Religious Items, Drought-Resistant
Landscaping and Water-Conserving Natural Turf, and Standby Electric Generators were approved by a majority vote of the Board as set forth above and now appears in the books and records of the Association, to be effective upon recording in the Official Public Records of Real Property of Harris County, Texas.
TO CERTIFY which witness my hand this the 20th day of July, 2018.
LARCHMONT CIVIC ASSOCIATION
By: /s/ Grant Hall
Grant Hall
Its: Secretary