CAHH Design Review Guidelines
Section IV –Procedures for Approval

APPLYING FOR APPROVAL

1. Applicants will be encouraged to present their design to the committee with a two-stage process: (The applicant is encouraged to have his/her architect or designer present at these discussions.)

Stage 1: The early concept sketch presented informally.

Stage 2: The more formal presentation of a schematic and final package.

2. The homeowner should submit two sets of building plans, specifications and plot plan showing the location of the proposed structure with respect to topography, street and neighbor’s structures. One set will be returned to the homeowner and one set is kept by the DRC.

3. The DRC must meet a minimum of every 30 days to review all applications. The DRC will decide if any additional meetings are necessary. With prior arrangement with the homeowner, any or all committee members may visit the premises of an applicant for a site review.

4. The DRC should inform the responsible party of approval or non-approval by a written letter dated no more than 30 days after receipt of the final building plans, etc. The letter shall indicate whether the plans are approved, approved as noted or disapproved with some notation about where the applicant's submission fails to comply with the design guidelines covenants. A sign similar in size to the building permit but of a different color shall be provided to the homeowner by the DRC when the design has been approved. During construction this sign must be posted near (or adjacent) to the building permit clearly visible from the street.

5. The DRC should maintain a record of its actions for each application. This should be part of the public record.

6. The homeowner may submit, at any time, a revised submittal package that takes into account the DRC concerns. The DRC may review resubmissions prior to the next scheduled meeting and make approvals or rejections. If not received by that cut-off day, the resubmission must be considered by the following regularly scheduled meeting.

7. The homeowner's adjacent (contiguous) neighbors and those directly across the street shall be notified by postcard or letter BY THE HOMEOWNER at least 3 days prior to the project's review by the DRC. The letter needs only a brief description of the scope of the project, its location, and the date it will be reviewed. It is simply to inform the neighbors and provides them with the opportunity to voice an opinion if they have one.

ACTIONS REQUIRED PRIOR TO CONSTRUCTION

1. The homeowner is responsible for obtaining all required local building permits.

2. Building materials may not be placed on the premises nor grading or construction begun unless DRC approval has been made.

3. The record shall indicate where the applicants submission fails to comply with the guidelines and when the applicant resubmits a revised package. At no time within two years from the original application may the DRC reverse itself on any unchanged feature previously approved.

4. Building construction should commence within two years of design approval or a resubmission of the application must be made.

ACTIONS DURING CONSTRUCTION

1. Approval may be followed by inspection for compliance. The applicant will be notified in advance of such an inspection.

2. When construction is started at variance with approval or without approval, the DRC should report to the Board with its recommendations for action.

3. If an apparently unauthorized building gets under way, any homeowner can notify the DRC at once.

APPEAL PROCEDURE

1. DRC - the homeowner has the right to present his/her case before the DRC with his/her architect or building contractor attending.

2. CAHH BOARD - should the DRC reject a homeowner’s building plans, the homeowner has the right to present his/her case to the Board of Directors of the Civic Association. A 2/3 vote of Board members present is required to overtum a DRC decision. The Board is empowered to uphold or overturn a DRC decision both in matters of procedure as well as design content.

3. ARBITRATION - should the CAHH Board uphold the DRC's decision, Arbitration would be the next step in the appeals process. An arbitrator supplied by the American Arbitration Association should be made available and expenses shall be shared equally.

4. THE COURTS - are the final means of enforcing the covenants. While lawsuits may on occasion be necessary, they are the last resort.