RIVER HILL ARCHITECTURAL COMMITTEE (RHAC)

RESIDENT ARCHITECTURAL COMMITTEE (RAC)

GUIDELINE NO. 1 - ADDITIONS

PREAMBLE TO THE ARCHITECTURAL GUIDELINES

As you read the River Hill Architectural Guidelines, you likely have one of two goals in mind: either you are a current resident contemplating a property alteration or you are a new/potential resident educating yourself as to the Architectural Guidelines which affect our community.

Columbia was created in the 1960's based on James Rouse's vision that a 'better city" could be built. He and his planners envisioned the creation of a human-centered community -- a community that "grew people." Their concept developed out of the social consciousness of the period and was a response to our Nation's experiences with urban blight and suburban sprawl. Goals of the Columbia project include:

• respect for the land;

• creation of a "real city" that is open to people of all ethnic and socioeconomic backgrounds; and

• creation of an environment that provides for the "growth of man, woman, and family."

Columbia's physical design reflects these social objectives. Two key elements of the concept were the creation of neighborhoods and villages within the city and the importance of esthetics. By designing portions of the community as open space, available for common use, the developers sought to enhance the relationships between the city's residents as well as each resident's relationship with the environment.

From the outset, Covenants were created for each village in order to balance the needs and wants of the property owner with the philosophy behind the development of the community. In the spirit of fostering a sense of community and resident connection, the Covenants establish Village Architectural Committees (ACs) and Resident Architectural Committees (RACs). The covenants also assure minimum standards for land use, architectural design, and property maintenance, and provide for the architectural review process.

In each Village, the architectural review process and associated Architectural Guidelines guide Columbians when making changes to their properties. That the process is succeeding is evident by what is not seen in River Hill: there are no designs, color schemes, nor materials that detract from the harmonious "whole" and instead, all development enhances the livability and esthetic enjoyment of our community. In order to ensure the continued success of this process, the Village of River Hill does everything possible to assure that all property owners make changes to their property consistent with the goals of the Columbia concept and designed to further the enjoyment of our community by its residents. The Covenants and Architectural Guidelines are our tools to achieve these goals.

A single set of Guidelines does not apply to all of Columbia. The River Hill Architectural Guidelines were developed from other Columbia Village Guidelines and have been adapted to the unique situations found in River Hill. Every effort is made in our Guidelines and through the review process to promote privacy and individual tastes while at the same time both protecting the owner's property rights and avoiding encroachment on or interference with the rights of neighbors to privacy and comfort. For example, in some areas of River Hill, the lots are small, the houses are relatively large and, thus, the open space is constricted. In applying the Guidelines to such areas, consideration is given to the impact of the proposed modification on open space and adjoining properties.

The Guidelines have occasionally been modified -- for example, we recently acknowledged residential satellite TV dishes which were unknown some years ago. Guideline evolution and modification is a very public process and approval of all changes rests with the elected members of the River Hill Village Board and the Architectural Committee.

It is the sincere hope of the River Hill Village Board and the Resident Architectural Committee (RAC) that you find the Guidelines reasonable, appropriate, and easy to apply to your property. Residents should consider serving on the Board or the RAC or at least attending a meeting to see what we are all about. You may even meet some neighbors, people who have chosen Columbia as home for the same reasons you have!

Approved 1/19/9

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ANSWERS TO COMMONLY ASKED QUESTIONS

WHAT ARE THE COVENANTS?

The covenants are a set of legal, documents which are binding on you as the owner of property in River Hill and which "run with the land," i.e., they also bind future owners. The covenants assure minimum standards for land use, architectural design, and property maintenance. The covenants allow for the operation of the River Hill Village Association, River Hill Architectural Committee, the Resident Architectural Committee, and generally provide for the architectural review process. You should have received these documents upon entering a contract, whether you purchased or rented your home from a builder or resident. Similar covenants exist in all other Columbia villages. Copies of the covenants may be obtained from the Village office.

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WHY DO WE HAVE ARCHITECTURAL GUIDELINES?

The covenants establish general criteria for architectural changes and property maintenance through the Architectural Guidelines. These guidelines are designed to interpret those criteria and, generally, to prevent excesses and abuses while allowing individuals flexibility in property use and keeping our community an attractive and desirable place which will conform to the covenants.

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WHAT IS THE ARCHITECTURAL COMMITTEE?

There are actually two committees. Their roles and relationships are explained below, and are described in further detail in the section entitled "The Architectural Review Process."

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RIVER HILL ARCHITECTURAL COMMITTEE (RHAC)

The River Hill Architectural Committee, or RHAC, is responsible for review and final approval of all exterior alterations to existing property and for new residential construction, and in-home business. Each member of the RHAC has the authority to approve or disapprove applications that come before it, taking into consideration the recommendations of the Resident Architectural Committee, or RAC, described below. The RHAC shall be composed of three or more individuals designated from time to time by The Howard Research and Development Corporation. One resident of the Village of River Hill normally will be included as a member of the RHAC. After the Development Period, the RHAC shall be composed of three or more individuals designated by the Columbia Association (CA) and the River Hill Village Association, with CA being entitled to approve a majority thereof.

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RESIDENT ARCHITECTURAL COMMITTEE (RAC)

The Resident Architectural Committee, or RAC, is composed of volunteers appointed by the Village Board to preview all applications for exterior alterations, in-home businesses, and property maintenance and recommend their approval or disapproval. The RAC is purely an advisory body, and forwards its recommendations to the RHAC.

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HOW DOES THE ARCHITECTURAL REVIEW PROCESS WORK?

A resident wishing to make an exterior alteration or establish an in-home business completes an application form and submits it to a member of the RAC. A list of pending applications is published and/or posted prior to any action. The RAC makes recommendations for final action on applications at a public meeting which interested residents are encouraged to attend. The applications are then forwarded to the RHAC for final action. The entire process can be expected to take 2-4 weeks, depending on the date of the next scheduled public meeting, although the Village Covenants allow up to 60 days for review. If the applicant is not satisfied by the decision, the applicant can appeal the decision to a committee comprised of a quorum of the RHAC. The Village will designate a Covenant Advisor to assist residents in preparing and filing applications, to receive inquiries and complaints, and to carry out any other duties associated with covenant enforcement and RAC activities.

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WHAT IF I DON'T WAIT FOR APPROVAL?

Proceeding with an alteration or in-home business prior to obtaining written approval is prohibited by the covenants and is done at your own risk. Unless your alteration fell within the criteria under these guidelines for certain alterations not requiring an application, your property would be in violation of the covenants. Another resident or the RAC could make the RHAC aware of this violation. You could then face the cost of removing or modifying the alteration/in-home business to comply with the RHAC's decision. A covenant violation could ultimately impair your ability to sell the property. In considering applications, the RAC will not be influenced for or against the application if work is commenced prior to approval. However, residents are strongly urged not to undertake construction or operation in advance. Prospective purchasers should check with the current owner, the village office, and the RHAC to see if all alterations on a property have RHAC approval.

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WHAT IF I HAVE A COMPLAINT?

Complaints, which remain anonymous, should be brought to the attention of the Covenant Advisor who will investigate to verify if a violation exists. The property owner will be notified and asked to correct the violation either by removal, by submission of an acceptable application, or by repair in the case of a maintenance problem. Most problems are resolved at this stage; however, if no action is taken to correct the violation, a formal notice is sent stating that legal remedies may be initiated. A letter stating that the property is in compliance will not be issued if a violation exists and this may affect property resale. Realtors may be notified of known covenant violations.

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WHAT IS A CERTIFICATE OF COMPLIANCE?

A Certificate of Compliance as to a newly completed home is a document, which certifies that all original builder construction is completed according to approved plans, and will be issued by the RHAC. An Letter of Compliance is issued only upon request (such as resale) and certifies that all subsequent alterations were approved by the RHAC and comply with the covenants. It is the property owner's responsibility to make sure that the alteration is constructed within the property lines.

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THE ARCHITECTURAL REVIEW PROCESS

Residents, who are considering an exterior alteration to their house or property, or a profession or in-home business, should review the River Hill Covenants and the River Hill Village Guidelines for Exterior Alterations, Maintenance, Profession and Home Industries. If there are any questions, please contact the village Covenant Advisor.

A written application to the River Hill Architectural Committee is required for every new structure placed upon a lot and for most alterations made to existing structures. The purpose of the guideline is to assist the resident in planning exterior alterations/in- home businesses by noting the types which will normally be approved; and to ensure that an application will provide the RAC with all necessary information to thoroughly evaluate the application as quickly as possible. Howard County requires a building permit and inspection for many types of alterations, and the resident should call Howard County directly at (410) 313-2455. Although the RHAC and the RAC assume no responsibility for monitoring Howard County Building Codes, a known code violation would be adequate grounds for denial of the application.

I. Application Procedure

A. Obtain an "Exterior Alteration Application" or " In-Home Profession or Business Application" from the village office or Covenant Advisor.

B. Fill out the application as follows:

1. Identification of location - all applications should include name, address, lot number, telephone numbers of tenant/owner/applicant (home and work) and the APPLICATION MUST BE SIGNED BY THE OWNER, OR OWNER AND THE TENANT.

2. Description of changes - the application must include a certified site (plat) plan indicating relationship of structure to applicant's house, all adjacent houses and property lines. This plat can be the diagram of your property that was attached to your purchase contract. You may draw the proposed alteration in by hand. If available, also include a picture or detailed drawing, manufacturer's drawing, photograph, color samples, description of materials, all dimensions, and any other information pertinent to the alteration.

3. Acknowledgement signatures of property owners of the affected and/or adjacent property are required. This is to ensure that prior to the RAC's review, planned alterations are made known to the adjacent/affected residents. However, signatures do not indicate approval or disapproval and are not the deciding criteria used by the RAC when making decisions. Applications may be submitted without these signatures if accompanied by an explanation.

C. Return the application to the address shown on the application.

D. Applications received by the RAC are required to be published and/or posted for public viewing. Residents may also call the village office for information on pending applications. Completed applications are due no later than noon, two weeks prior to the next regularly scheduled meeting.

The RAC will meet twice per month, at a location, which will be publicized. The meetings are open to the public and residents whose applications are to be considered or have an interest are encouraged to attend.

All professions and in-home businesses require written approval, which must be renewed on a yearly basis and in the event of any material change. If other properties are affected by the profession or in-home business to a significantly greater extent than that specified in the application, a reconsideration of the approval by the RHAC may be necessary. Please refer to Article XI, Section 11.02 of the River Hill Covenants for further information. Residents should be aware of county zoning when considering an in-home business.

II. Review Process

A. Prior to the RAC's consideration of an application, RAC members will, in most cases, view the site and may talk to the applicant. Residents are urged to cooperate in this process.

B. The agenda of the RAC meeting will observe the following priorities:

    1.  Applications tabled from the previous meeting when applicants are in attendance.
    2.  New applications from residents in attendance.
    3.  Residents who wish to address the committee.
    4.  Remaining applications.
    5.  Other business.

C. Applications will be presented to the RAC by the member(s) who reviewed the site, or the Covenant Advisor. After discussion, the RAC acts on the application by either of the following:

              1.   Recommends approval or disapproval of the application (conditions for approval may be added) then                      forwards this recommendation to the RHAC.
              2. Tables the application for stated reasons until the next meeting.

D. A designated member of the RHAC reviews RAC recommendations and then takes final action (as detailed in Section 7.01 of the River Hill Village Covenants). The designated RHAC member is not bound to accept the RAC recommendation. A statement of reasons must accompany any application that is disapproved.

NOTE: Residents generally receive their processed application in the mail approximately 7-10 days after RHAC review.

Ill. Appeal Procedure

In accordance with Article VII, Section 7.01 of the River Hill Village Covenants, if the applicant disagrees with the decision of the Designated Resident Member of the River Hill Architectural Committee, the following process should be followed for an appeal of that action:

A. File a written request for appeal to the River Hill Architectural Committee within 10 days after receipt of notice of their decision. The written request must be sent to:

The River Hill Architectural Committee

6020 Daybreak Circle

Clarksville, MD 21029

B. The RHAC will set a date for review of the application acceptable to both resident and the RHAC. The applicant will be notified of the date, time and place of the review.

C. The applicant, the entire RHAC or a quorum thereof, and the Covenant Advisor shall be present at the appeal hearing, which is not a public meeting.

D. The RHAC shall render a decision, in writing, usually within two weeks of the appeal hearing. Their decision shall be final and binding upon all parties.

IV. Completed Projects

A. Work as expressed on the Exterior Alteration Application must be completed within 120 days of the start of work and not more than one year after the date of approval. Extenuating circumstances should be brought to the attention of the RAC.

B. Any variances from the original approval terms and the completed project require that an amendment to the application be submitted and reviewed by the RHAC. A major modification will require a new application and approval.

C. Upon completion of the alteration, the resident should send notice of such completion to the address indicated on the approved application to ensure that his/her lot file is kept current.

V. Letter of Compliance Procedures

A. Upon request, the Covenant Advisor will inspect the property to verify compliance with the covenants and all approved applications of record. If the property is in compliance, a statement to this effect will be issued.

B. A letter of compliance will not be issued if there are unapproved alterations or any other covenant violations on the property. This might affect property resale and realtors may be notified.

VI. Covenant Enforcement Process

A. Alleged violations may be reported by anyone to the Covenant Advisor. Complaints remain anonymous and must be verified by the Covenant Advisor prior to any action.

                       B. Violations will be processed in the following manner:

1. Two letters, fourteen or more days apart, will be sent to the violator and/or property owner. The letter or letters shall clearly state the nature of the covenant or guideline violation.

2. If there is no response within 30 days, the RAC may request the RHAC and the River Hill Village Board to serve notice and correct the violation in accordance with the Village Covenants and to otherwise enforce the Covenants as permitted therein.

VII. Lot Lines

A. The plat submitted with an application for exterior alteration is not always an accurate scale diagram of the lot. Therefore, when considering the application, the RAC and the RHAC cannot verify that the alteration as ultimately built will be located within the property lines and applicable set- back requirements.

B. It is the homeowner's responsibility to make sure that the alteration is constructed within the property lines of the lot and within applicable set- back requirements.

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GENERAL INFORMATION

The Columbia Association does not allow unauthorized use of open space. This would include, for example, gardens, woodpiles, play equipment, pets, motorized vehicles, etc. Proposed changes of open space must go through the River Hill Open Space Committee, RAC, and the Village Board before being considered by the Columbia Association.

Please do not put your trash out prior to the night before collection and promptly remove receptacles after pick-up. Please check with the village office for collection times. Using the common mailbox area for a collection point is not advisable nor is the stacking of trash around fire hydrants. This could cause a critical delay in mail delivery or for fire fighters trying to locate the hydrant during an emergency.

Howard County law requires adjacent property owners to maintain the grass areas on both sides of the sidewalk (mowing, watering, seeding, etc.) as well as to remove sidewalk snow on the portions parallel to one's property. According to Section 18.402(h) of the Howard County Code, which deals with the removal of snow from sidewalks and public right-of-ways, "it shall be the duty and obligation of the owner of property abutting a sidewalk in a public right-of-way to remove snow from the sidewalk within 48 hours after the snow has fallen".

Residents are responsible for trimming curb trees that abut their property. Trees should be pruned high enough to allow an adult to walk freely underneath without a safety problem. Holiday decorations may be in place four weeks prior to the holiday and must be removed within four weeks following the holiday. Shared driveways must be left clear at all times for vehicle ingress and egress. Parking, storage, vehicle repair, etc. are not permitted on shared driveway areas. Major vehicle repairs must not be undertaken except in enclosed garages.

When landscape screening is required for any alteration (shed, woodpile, play equipment, etc.) it must be an evergreen such as white pine or hemlock, or a similar type of planting material, at least 2/3 the height of the object at planting or 4 feet, whichever is greater. It must also be of sufficient density to provide immediate screening. Please remember to plant your trees in staggered rows to maintain a natural landscape effect. Consult the specific guideline for details.

When having mulch or wood delivered please have items placed on your property, not sidewalks, open space, right-of-way, etc., as this is illegal. Mulch should be properly distributed and reasonable amounts delivered.

Before digging, call "Miss Utility" toll free at 1-800-257-7777, for free location of gas, power, telephone and cable lines.

PLAN AHEAD!!

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RIVER HILL GUIDELINES FOR EXTERIOR ALTERATIONS, MAINTENANCE, AND PROFESSIONAL AND IN-HOME BUSINESSES

The guidelines that follow are intended to specify criteria used to evaluate requests for various types of structures and alterations and for conducting professions and businesses in the home. Concerns and expectations regarding maintenance of one's property are also covered. In the case of any inconsistency that may exist between these guidelines and the covenants, the requirements of the covenants prevail. NOTE: Alterations, maintenance, and professional and in-home businesses may also be subject to local association covenants or restrictions and additional requirements of Howard County. The most restrictive criteria shall apply; therefore, it is the homeowner's responsibility to ensure compliance with all applicable restrictions. While the text refers to dwellings, it shall also apply to commercial and industrial properties.

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