Design Guidelines

1. 1. General
      The builder/owner is to construct residences and maintain individual lots in a manner prescribed by the Declaration of Covenants, Conditions and Restrictions, the recorded plat/replats, rules and regulations of Fairwater HOA, Inc. (the "HOA") and these Design Guidelines.
      
      Compliance with building setback lines, lot layouts, driveways, sidewalks, garages, and all governing restrictions, plats/replats, rules and regulations is required of the builder/owner. Ties to utilities are the responsibility of the builder/owner. The builder/owner shall comply with any and all ordinances that may be in effect from the City of Frisco and/or any other governmental agency having applicable jurisdiction.

   2. Building Setbacks
      All front, rear and side yard setbacks will be as shown on the recorded final plat or any replats for Twin Creeks Addition, Phase 1 or as stipulated in the Declaration of Covenants, Conditions and Restrictions.

   3. Driveways
      All driveways shall be 100% solid surface with salt finish concrete or such other enhancement as approved by the ACC.
      
      The builder is required to construct a driveway into the street right-of-way to connect to the existing street. Such driveway shall be placed in accordance with the City of Frisco and other applicable governmental requirements.
      
      The builder is responsible for the street and curb improvements adjacent to the builder's lots and builder will not cause any damage to the improvements.

   4. Mailboxes
      All mailboxes will be in accordance with the specifications on attached Exhibit B.

   5. Pools & Spas
      Above ground pools are not permitted. However, above ground spas and/or hot tubs are permitted with the restriction that above ground spas and/or hot tubs shall not be visible from
      
      streets or common areas. All plumbing, heaters, pumps, filters, etc. must be skirted, decked, screened, or landscaped to hide from public view.
      
      Swimming pool appurtenances such as rock waterfalls, slides, and diving boards must not be over six feet (6') in height. Skimmer nets, long handle brushes, pool chemicals, filters, pumps, heaters, plumbing, etc. must be stored so as to not be visible from public view.
      
      Pool walls shall not encroach on any utility easement. If pool plumbing is required in the utility easements, contact the appropriate utility company before digging.

   6. Fences - General
      All rear yards are required to be fenced upon the completion of the residence on such lot by the builder unless such lot is already fenced by the Developer.
      
      A minimum fence setback of ten feet (10') from the front facade of the residence is required unless otherwise approved by the ACC.
      
      Fence height shall be six feet (6'). A minimum five foot (5') tubular steel fencing is required on lots adjacent to a public street or maintained common area.
      
      No used material may be used to construct any fence.
      
      Fences are to be kept in good repair at all times including re-staining periodically to keep the appearance of the fence in an acceptable condition.
      
      Electric meters, NC units, and other facilities located on the street side of a lot are to be placed behind the fence or screened by landscaping.
      
      Side yard gates are prohibited on the street side of a lot.

Wood Fencing (Board on Board) Required Materials:
2"x8" Board Cap, screw down
1"x4" Trim Piece
1"x6" Trim piece beneath
1"x6" No. 1 Western Cedar boards, inside overlap 1", installed vertically
2 ½" Diameter .095 galvanized steel posts w/ cap at 6' -0" max height
(3) 2"x4" Rails
Galvanized post brackets, Simpson or equal
1" space minimum, 3" max

On all lots with wood fencing visible from the street, the fence must be constructed with the finished side out. Posts and rails are not to be seen from the street or any common area.

Diagonal and horizontal fencing is strictly prohibited.

All wood fences shall be stained at installation with Ready Seal Georgia Black (Twocoats of Ready Seal medium brown #015).

Fence staining is to be applied in even uniform coats according to the manufacturer's recommendations and instructions.

Steel Tubular Fencing (Wrought Iron Type)
Required Materials:
1"x 1" Tubular steel bottom rail
2"x2" Tubular steel square posts
1½"x1½" Tubular steel square rail
½"x ½" Tubular steel pickets

1. 7. Lot Drainage
      
      It will be the responsibility of each builder to provide adequate drainage for each lot m conformance with the drainage plan.
      
      The builder must establish a drainage pattern upon completion of the residence to insure that each lot has positive drainage away from the residence's foundation and drain to an adjacent street or common area. It is the home owner's responsibility to maintain the drainage patterns and not alter the flow of water from their lot.
      
      

   8. Trash Enclosures

Trash containers meeting the requirements of the City of Frisco are required to be stored from view on any street on non-trash days. Trash containers shall be placed for collection no sooner than 6:00 p.m. of the day prior to collection and must be removed and properly stored on later than 8p.m. on the day of collection.

1. 1. General
      The following guidelines are not intended to limit the creativity of the architects or builders in their design or construction of residences in Fairwater. Rather, they are intended to provide a basis for design concepts, forms, and materials to create a cohesive streetscape compatible with modem and contemporary architecture.
      
      The builder/owner shall be responsible for installation and maintenance of the area within the public street right-of-way (between the back of the street curb and property lines).
      
      Each builder/owner shall be responsible for street cleaning and trash pickup m the area immediately adjacent to the lot and residence during construction and thereafter.

   2. Minimum Floor Area
      All residences constructed in Fairwater will consist of one or two stories and have a minimum size of 2,200 square feet of living area, excluding garage, porches and patios.

   3. Elevation Repetition
      Elevation designs should be carefully reviewed to avoid excessive repetition in the street scene. The intent is to avoid the negative "look-alike" effect of frequent repetition, but still allow sufficient latitude in satisfying market demand. As such, "Architectural Merit" will be the overriding consideration in determining whether an elevation results in excessive repetition.
      
      For purposes of evaluating repetition, the following definitions will apply:

      1. "Architectural Merit" shall be defined as: designs or materials not explicitly called for in these Design Guidelines, but nonetheless contain attributes that are consistent with the existing contemporary architecture of the community and will support or enhance the aesthetics of the community.

      2. "Elevation" shall be defined as: the same structural form, roof articulation, windows, building material types/location, and color scheme.

      3. "Color Scheme" shall be defined as: a palette of color selections for painted surfaces, stone products, tile products, roofing, siding, masonry, mortar and grout. Color Schemes must be approved by the ACC.

      4. "Approved Repetition Patterns" shall be as follows:

         1. When building the same plan, different elevation, on the same side of the street or across the street, one (1) lot must be skipped and a different color scheme used.

         2. When building the same plan, same elevation, on the same side of the street or across the street, two (2) lots must be skipped and a different color scheme used.

The ACC reserves the right to reject an elevation that too closely resembles that of a nearby residence or in any way detracts from the overall street scene. The ACC may consider variations to the Approved Repetition Patterns if the request has sufficient Architectural Merit; however, homes with identical elevations and color schemes are prohibited on residences that are adjacent to one another.

1. 4. Exterior Materials
      Samples of all finish materials must be submitted by the builder/owner to the ACC for approval. All changes to the exterior of a home must be submitted to the ACC for approval.
      
      Soft subdued paint colors as approved by the ACC should be used. Bold primary colors are prohibited. Each builder/owner is required to submit a color scheme to the ACC for approval.
      
      Brick and stone selections must be approved by the ACC prior to installation.
      
      Front elevations must incorporate multiple materials such as brick, stone, tile, rough cut cedar, etc. The ACC shall have the sole decision as to what shall be considered an acceptable combination of materials. Builders/owners must submit front elevation showing materials to the ACC for approval prior to construction.
      
      One hundred percent (100%) of the front elevations of homes in Fairwater, excluding windows and doors, shall be constructed of any approved combination of brick, stucco, stone, tile, or cedar. At least seventy-five percent (75%) of the side and rear elevations, excluding windows and doors, shall be constructed of brick, stucco, stone, tile or cedar. If brick is used, the mortar color shall be complementary to the brick color and must be approved as part of the Color Scheme.
      
      No aluminum siding shall be permitted as an approved exterior material.

      1. Roofing
         Roofs on all buildings shall be covered with Class A, dimensional grade, fiberglass composition shingles with a life of no less than twenty-five (25) years. The color of any shingles shall be in accordance with approved Color Schemes.
         
         Minimum roof pitch on side to side shall be a minimum of 8:12, vertical to horizontal. Roof pitch on front to back shall be no less than 6:12, vertical to horizontal, excluding porches. Roof pitches lower than 6:12 may be considered by the ACC if the request contains sufficient Architectural Merit.

         1. Certain Roofing Materials
            Roofing shingles covered by this Section are exclusively those designed primarily to: (i) be wind and hail resistant; (ii) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (iii) provide solar generation capabilities (collectively, "Alternative Roofing Shingles"). Alternative Roofing Shingles allowed under these Design Guidelines shall:

            1. resemble the shingles used or otherwise authorized for use m Fairwater;

            2. have a Class A fire rating and are otherwise of equal or superior quality to the shingles used or otherwise authorized for use in Fairwater; and

            3. match the aesthetics of the property surrounding the property of the owner requesting permission to install the Roofing Shingles.
               
               The owner requesting permission to install the Alternative Roofing Shingles will be solely responsible for accrediting, certifying and demonstrating to the ACC that the proposed installation is in full compliance with this section.

      2. Chimneys
         All chimneys located on the exterior portion of a dwelling unit shall be constructed of brick, stone, or stucco.
         The height of the chimney should be in proportion to the roofline and adhere to the fire codes.

      3. Garage Doors
         Garage doors must be consistent with the architecture of the home and should not dominate the street view. Garage doors shall be stained or painted in accordance with colors noted on the pre-approved Color Scheme for the home. All interior space of garages must be finished with drywall and trim and be equipped with an automatic garage door opener. Doors that do not adequately screen the contents of a garage are not permitted.

      4. Windows and Window Coverings
         Windows shall be of clear glass except as otherwise approved by the ACC. Window tint, treatments and coverings must be compatible with the design and color of the residence and the overall appearance of the community. The ACC shall have the sole authority to determine whether particular window coverings are compatible with the design and color of the residence and the overall appearance of the community. Temporary window coverings must be removed within thirty (30) days after occupancy from any window visible from any other lot, residence, street or common area.
         
         Burglar bars, steel bars, wrought iron, or similar window attachments are not permitted. Window screens must be removed from street-facing elevations.

      5. Address Marker
         All residential dwellings constructed on the lots shall have an approved address plaque installed on the front elevation of the home.

      6. Front Doors
         Front doors must be made of stain grade wood, include clear or opaque glass panels, and be consistent with the architectural style of the community and the scale of the home. Burglar bars, steel bars, wrought iron, or similar door attachments are not permitted. Screen and storm doors are not allowed on a street facing elevation. No owner is authorized to use a material or color for an entry door or door frame of the owner's residence or make an alteration to the entry door or door frame that is not authorized by the HOA, Declaration, these Design Guidelines or otherwise expressly approved by the ACC.

      7. Awnings
         Awnings visible from the street or a common area are not allowed.

      8. Alternations, Additions & Expansions
         ACC approval is required for all exterior changes or additions to a home. The architectural design and materials used in all exterior alterations, additions, expansions or renovations shall conform to the original home's design intent.

   5. Exterior Lighting
      The builder/owner may install and maintain lighting on individual lots in a manner so as to not cause distraction, nuisance, or be unsightly.
      
      Ground lighting or decorative light fixtures are acceptable. Decorative fixtures must be of high quality materials and workmanship, and be in scale with the residence.
      
      Freestanding decorative fixtures are acceptable with ACC approval. Mercury vapor lights, when used for special landscape lighting affect (hung in trees as up or down lights), are permissible only with prior approval from the ACC.
      
      Incandescent, low voltage incandescent, metal halide, quartz, and natural gas lights are acceptable.
      
      Spotlights are to be directed to avoid light spill onto any adjacent property.

   6. Roof Top Antennae & Satellite Dishes
      The roof, as a design element, should be kept as visually unobstructed as possible.
      
      Antennas, satellite or microwave dishes, and receiving or transmitting towers that are visible from the street or from another lot are prohibited within the Property, except (1) "dish" antennas that are one meter or less in diameter and designed to receive direct broadcast satellite service (DBS) or to receive or transmit fixed wireless signals via satellite, or (2) antennas or satellite dishes that are one meter or less in diameter or diagonal measurement and designed to receive video programming services via broadband radio service or to receive or transmit fixed wireless signals, and (3) antennas that are designed to receive local television signals (collectively, the "Antenna") are permitted if located (a) inside the structure (such as in an attic or garage) so as not to be visible from outside the structure, (b) in a fenced yard, or (c) attached to or mounted on the rear wall of a structure below the eaves. Where possible, Antenna should be located a side or rear yard location, not visible from the street or neighboring property and integrated with the dwelling and surrounding landscape, and the proposed location must be approved by the ACC.

      1. Roof Protrusions
         Vent stacks and other necessary roof protrusions, where possible, should be located to be away from view from the adjacent street. All vent stacks and flashing are to be painted to match color of shingles. Shingles are to be overlapped at valleys so that no valley flashing is exposed.

      2. Gutters & Downspouts
         Gutters and downspouts are required and they should be integrated with the architectural design in color, shape and location.
         
         Downspouts are to be located to provide a clean, unobtrusive appearance, terminated by either splash blocks or drained underground to appropriate termination.

      3. A/C Equipment
         No window or roof top HVAC equipment is permissible. Extreme care should be taken in the location of condensers to avoid noise infiltration of adjoining bedrooms and other "quiet" zones. A/C equipment visible from a street or common area must be screened by fence or landscaping.

   7. Carports
      No carports shall be constructed on any lot.

   8. Accessory Buildings
      Provided the express written consent of the ACC is secured prior to installation and placement on a lot, one (1) storage building and/or one (1) children's playhouse, each limited in maximum height to eight feet (8') from the ground to the highest point of the structure, and each limited in size to a maximum of 70 square feet of floor area, may be placed on a lot. Approved storage buildings must not be visible from any public street or common area.
      
      The roof of any accessory building shall be the same color of the residence on the lot on which it is located. In no case can the accessory building be placed in a utility easement, within five feet (5') of a side property line, or within ten feet (10') of the back property line. Otherwise, no building or structure of any kind (except for a residence or garage) shall ever be placed or erected on any lot.

   9. Playground Equipment
      No jungle gyms, swing sets, basketball goals or similar playground equipment shall be erected or installed on any lot without prior written approval of the ACC. These items shall be positioned on the lot so as not to be visible from any street.
      
      Any playground equipment or other play areas or equipment furnished by the HOA or on behalf of such association shall be used at the risk of the user, and the association or the entity who supplied such equipment shall not be held liable to any person for any claim, damage, or injury occurring thereon or related to the use thereof.

   10. Solar Energy Devices
       Solar energy devices, including any related equipment or system components (collectively, "Solar Panels") may only be installed after receiving the written approval of the ACC. Solar Panels may not be installed upon or within any common area or any area which is maintained by the HOA.
       
       Solar Panels may only be installed on designated locations on the roof of a residence, on any structure allowed under any of the HOA dedicatory instruments, or within any fenced rear-yard or fence-in patio on the Lot, but only as allowed by the ACC. Solar Panels may not be installed on the front elevation of the residence.
       
       If located on the roof of a residence, Solar Panels shall:

       1. not extend higher than or beyond the roofline;

       2. conform to the slope of the roof;

       3. have a top edge that is parallel to the roofline; and

       4. have a frame, support bracket, or wiring that is black or painted to match the color of the roof tiles or shingles of the roof. Piping must be painted to match the surface to which it is attached, i.e. the soffit and wall. Panels must blend with the color of the roof to the greatest extent possible.

If located in the fenced rear-yard or patio, Solar Panels shall not be taller than the fence line or visible from a Lot, common area or street.

The ACC may deny a request for the installation of Solar Panels if it determines that the placement of the Solar Panels, as proposed by the property owner, will create an interference with the use and enjoyment of land of neighboring owners.

Owners are hereby placed on notice that the installation of Solar Panels may void roof warranties.

Solar Panels must be properly maintained at all times or removed by the owner. Solar Panels which become non-functioning or inoperable must be removed by the property owner.

If it is necessary to cross any common area a Five Hundred Dollar ($500.00) damage deposit is required prior to the installation of Solar Panels to cover damage to the common area. Deposit is refundable when installation is complete and the ACC determines that there has been no damage to the common area.

1. 11. Rain Barrels or Rainwater Harvesting Systems
       Rain barrels or rain water harvesting systems and related system components (collectively, "Rain Barrels") may only be installed after receiving the written approval of the ACC.
       
       Rain Barrels may not be installed upon or within any common area or any area which IS
       maintained by the HOA.
       
       Under no circumstances shall Rain Barrels be installed or located in or on any area within a Lot that is in-between the front of the property owner's residence and an adjoining or adjacent street.
       
       The Rain Barrel must be of a color that is consistent with the color scheme of the property owner's residence and may not contain or display any language or other content that is not typically displayed on such Rain Barrels as manufactured.
       
       Rain Barrels may be located in the side-yard or back-yard of an owner's Lot so long as these may not be seen from a street, another Lot or any common area of the HOA.
       
       In the event the installation of Rain Barrels in the side-yard or back-yard of an owner's Lot in compliance with this section is impossible, the ACC may impose limitations or further requirements regarding the size, number and screening of Rain Barrels with the objective of screening the Rain Barrels from public view to the greatest extent possible. The owner must have sufficient area on their Lot to accommodate the Rain Barrels.
       
       Rain Barrels must be properly maintained at all times or removed by the owner. Rain Barrels must be enclosed or covered. Rain Barrels that are not properly maintained, become unsightly, or could serve as a breeding pool for mosquitoes, must be removed by the owner from the Lot.

   12. Religious Displays on Doors
       An owner may display or affix on the entry to the owner's residence one or more religious items the display of which is motivated by the owner's sincere religious belief. If displaying or affixing of a religious item on the entry to the owner's residence violates any of the following covenants, the HOA may remove the item displayed:

       1. threatens the public health or safety;

       2. violates a law;

       3. contains language, graphics, or any display that IS patently offensive to a passerby;

       4. is in a location other than the entry door or door frame or extends past the outer edge of the door frame of the owner's residence; or

       5. individually or in combination with each other religious item displayed or affixed on the entry door or door frame has a total size of greater than 25 square inches.

   13. Flags and Flagpoles

The only flags which may be displayed are: (i) the flag of the United States of America; (ii) the flag of the State of Texas; (iii) an official or replica flag of any branch of the United States armed forces; and (iv) non-offensive school or holiday flags. No other types of flags, pennants, banners, kits or similar types of displays are permitted on a Lot if the display is visible from a street or Common Area.

The flag of the United States must be displayed in accordance with 4 U.S.C. Sections 5-10.

The flag of the State of Texas must be displayed in accordance with Chapter 3100 of the Texas Government Code.

Any freestanding flagpole, or flagpole attached to a dwelling, shall be constructed of permanent, long-lasting materials. The materials used for the flagpole shall be harmonious with the residence and not exceed three (3) inches in diameter.

The display of a flag, or the location and construction of the supporting flagpole, shall comply with applicable zoning ordinances, easements, and setbacks of record.

A displayed flag, and the flagpole on which it is flown, shall be maintained in good condition at all times. Any flag that is deteriorated must be replaced or removed. Any flagpole that is structurally unsafe or deteriorated shall be repaired, replaced, or removed.

Only one flagpole will be allowed per Lot. A flagpole can either be securely attached to the face of the residence (no other structure) or be a freestanding flagpole. A flagpole attached to the residence may not exceed 4 feet in length. A freestanding flagpole may not exceed 20 feet in height. Any freestanding flagpole must be located in the backyard of a Lot, and there must be a distance of at least 5 feet between the flagpole and the property line.

Any flag flown or displayed on a freestanding flagpole may be no smaller than 3'x5' and no larger than 4'x6'.

Any flag flown or displayed on a flagpole attached to the residence may be no larger than 3'x5'.

Any freestanding flagpole must be equipped to minimize halyard noise. The preferred method is through the use of an internal halyard system. Alternatively, swivel snap hooks must be covered or "Quiet Halyard" flag snaps installed. Neighbor complaints of noisy halyards are a basis to have the flagpole removed until owner resolves the noise complaint.

The illumination of a flag is allowed so long as it does not create a disturbance to other residents in the community. Solar powered, pole mounted light fixtures are preferred as opposed to ground mounted light fixtures. Compliance with all municipal requirements for electrical ground mounted installations must be certified by owner. Flag illumination may not shine into another residence. Neighbor complaints regarding a flag illumination are a basis to prohibit further illumination until owner resolves complaint.

Flagpoles may not be installed upon or within any common area or any area which is maintained by the HOA. The provisions in this Section 2.13 do not apply to Declarant or model home Lots during the Development Period as defined in the Declaration.

All freestanding flagpole installations must receive prior written approval from the ACC. No approval is required for flagpoles attached to the front of the home.

1. 1. Minimum Landscape Requirements
      Planting beds are to be linear, well-defined with steel edging, and with varied lengths and widths to create a contemporary, structural feel. A single row of foundation planting is not acceptable. Planting beds are to be covered with 2" deep mulch or decorative rock. Rock and mulch should both be used to create variety and provide delineation between beds. Plants should be spaced to prevent massing, except where landscaping is used for screening purposes. Use of contemporary decorative planters is encouraged. Plant, mulch, planters and rock material must be approved by the ACC.
      
      All yards shall be planted with sod to cover the entire front yard, side and rear yards up to the fence, less any landscaped area. Landscape beds and trees should comprise no less than 15% of the front yard, less sidewalks and driveways. The ACC may consider a reduced percentage on oversized or atypical lots, so long as the proposed landscape plan is consistent with the scale of the residence.
      
      The builder shall install a full irrigation system in each yard (front and back) to the specifications of the City of Frisco. If decorative planters are used, they must be connected to the irrigation system to ensure plant material remains healthy.
      
      A minimum of one, three-and-one-half-inch (3-1/2") caliper shade tree shall be planted in the front yard of each lot and a second three-inch (3") caliper shade tree shall be planted in the front or rear yard of each lot. One additional three-inch (3") caliper shade tree shall be planted in the side yard of each corner lot. The species of the trees must be approved by the ACC. Caliper sizing shall be measured at four feet (4') from the base of the tree.
      
      Each builder must submit a landscape plan for approval by the ACC prior to commencement of construction. Once complete, the landscaping must be maintained in accordance with the current plan on file with the ACC.

   2. Approved Landscape Material

The list of landscape material considered to be appropriate is found in EXHIBIT C. Other plant material may be used with ACC approval.

1. 1. Builder Signage - Lots

All signage must comply with city ordinances and/or regulations. One sign per single family lot is allowed until occupancy.

The sign may be a panel no larger than 9sf, displaying the builder's name and/or logo or trademark. Color graphics must be submitted to ACC.

Information to be conveyed: Name of Builder

Builders Sales Office Phone Number

In addition, one construction address sign not to exceed 4sf shall be allowed on each lot during construction of the residence. The sign shall display the residence address, legal description, and builder name.

1. 1. Presentation
      
      With the exception of sales offices in a garage, the models should be presented as much as possible as the finished product would be sold.
      
      Planters, flowerpots, benches, and other small decorations can provide a sense of scale and "lived in" appearance.
      
      It is expected that the landscape planting should exceed minimum requirements for other lots. Plants are to be selected from the plant list in the landscape section herein.
      
      If planting beds are extended from one lot to another to create a park like atmosphere, the drainage down side lot lines shall not be blocked.
      
      Exterior fluorescent lighting is prohibited. Exterior landscape lighting highlighting the key elements of the model and yard is encouraged.

   2. Signage/Fencing/Flags
      
      All signage must comply with city ordinances and/or regulations.
      
      Each model home shall be permitted one sign to display the name of the builder. The sign face shall not exceed six feet (8') in width and four feet (4') in height. The total height above the existing lot grade may not be more than five feet six inches (5'-6").  If placed on comer lots, locate the sign within the property line and within the side set back lines.
      
      Graphics on the sign may include: builder name, logo, and/or slogan, price range, phone number, and business hours.
      
      Sign colors are to be selected to enhance quality. Color samples should be submitted to the ACC prior to building signs.
      
      Signs designating model names, sales office, entrances, and exits may not exceed twelve inches (48") in height and eighteen inches (24") in width.
      
      "Trap" fencing is permitted, but must be of wrought iron design. As a temporary fence, the trap fence may be installed on the property line. Other types of fencing may be given consideration by the ACC if the overall concept of the model home park requires a variance.
      
      U.S., Texas and company flags are permitted.

   3. Sales Office

When model homes are no longer used for sales purposes, they are to be converted to standard residences. Sales offices must be put in condition of typical residences in the builder product line. Garages constructed for use as sales offices must be converted back to a standard garage.

Meandering sidewalks on lots are to be removed

Off street parking lots are to be removed after closing model units.

1. 1. General
      
      The submittal of plans and specifications to the ACC provides a review process to ensure conformance to the guidelines and standards adopted by the ACC.
      
      In accordance with the Declaration of Covenants, Conditions and Restrictions for Fairwater HOA, Inc., Article III, all new construction, modification, remodeling with exterior exposure, expansion, and demolition of structures must be reviewed and approved by the ACC prior to commencement of any construction activity. The ACC reserves the right to alter the review process in order to ensure a thorough review of all submissions while accommodating the needs of builders/owners.
      
      The plans and specifications for a residence must be approved in writing by the ACC before construction of a residence can begin.
      
      Any variation from the approved plans and specifications must be resubmitted for approval before such alteration is constructed.
      
      An Architectural Improvement Application and Review Form (the "AIA"), attached hereto as Exhibit A, is to be completed and submitted to the address shown on the form.

   2. Requirements - Production Builders
      The ACC will pre-approve standard builder plans, material colors and landscaping specifications for the residences to be constructed in Fairwater. The builder shall provide the ACC with the following information for the pre-approval process:

      1. Floor plans of the first and second floors including total square footage excluding garage, porches and patios.

      2. All contemplated front and side elevations of each floor plan.

      3. Standard material colors list with color sample or picture of material (brick, stone, paint, tile, etc.).

If the builder wishes to add any new plans, elevations, material colors or landscaping packages, then builder shall make a new submittal to the ACC for approval.

Prior to construction of each residence the builder shall submit to the ACC the AIA form or letter, indicating the floor plan, elevation, brick, stone and trim color to be used on such residence. The builder shall not commence construction of any residence without receipt of the approved AIA form or approval letter on each individual lot.

Please click on this link to download a fillable PDF version of the Application for Architectural Control Committee Approval.

Model - DEQ46-28Q1-1X BK (black).

Download specification here.

1. TREES
   SHADE TREES
   Live Oak (large)
   Red Oak (large)
   Bur Oak (large)
   Lace Bark Elm (large)
   Southern Magnolia (large)
   Cedar Elm (large)
   Bald Cypress (medium)
   Texas Ash (medium)
   Desert Willow (medium)
   Chinese Pistache (medium)
   Pond Cypress (medium)
   
   ORNAMENTAL TREES
   Crape Myrtle
   Holly Species
   Red Bud
   Juniper Species
   Mexican Plum
   Yaupon
   Japanese Maple
   Little Gen Magnolia
   Vitex
   Mexican Plum
   East Palacta Holly
   Fosters Holly

2. Plant Material - Shrubs & Ornamentals
   Shrubs shall be planted at spacing appropriate with size of the plant and in accordance with acceptable industry standards.
   
   Dwarf Yaupon
   Dwarf Chinese Holly
   Dwarf Crape Myrtle
   Dwarf Nandina "Purpurea" & "Harbor"
   Dwarf Pittosporum
   Dwarf Juniper "Bar Harbor" & "Buffalo"
   Pittosporum
   Variegated Pittosporum
   Cleyera
   Fatsia
   Compact Nandina
   Nandina
   Abelia
   Indian Hawthorn
   Texas Sage
   Ligustrum
   Italian Jasmine
   Oleander
   Pineapple Guava
   Laurel Leaf Cocculus
   Possum Haw
   Pampass Grass
   Yucca - all varieties
   Loriope
   Mexican Feather Grass
   Muhly Grass
   Miscantus Grass
   Native Grass Species
   Spirea
   Roses Species
   Salvia Species
   Barberry
   Old Gold Lantana
   Verbena
   Red Yucca
   Color Guard Yucca
   Soft Leaf Yucca
   Mexican Spoon
   Grey Cotoneaster
   Giant Liriope
   Euonymus Coloratus
   Russian Sage
   Cherry Sage
   Dwarf Burford Holly
   Carissa Holly
   Juniper Species
   Rudbeckia
   Blackfoot Daisy Agave
   Texas Sotol
   Asian Jasmine
   Daylilly
   Lady Banks Rose
   Carolina Jasmine
   Show Jasmine
   Quince

3. MULCH & ROCK
   Mulch and rock shall be used to delineate beds and the use of both is strongly encouraged.
   Medium River Rock
   Decomposed Granite
   Crushed Granite
   Silvermist Crushed Granite
   Tejas Black Gravel
   Native Gravels
   Dyed Mulch - Black or Brown (Red is not acceptable)
   Native Hardwood Mulch

4. SOD
   Hybrid Bermuda Grass, Tiff 419
   Buffalograss
   Tall Fescue
   Zoysia Grass
   St. Augustine