WHEREAS the Declaration of Covenants, Conditions and Restrictions (CC&Rs) for Newburg Village grants the Board of Directors the power to adopt and publish rules and regulations for the health, comfort, safety, general welfare, and personal conduct of the Members and their guests, and to establish penalties for the infraction thereof, and to amend such rules and regulations from time to time; and
WHEREAS Section 4, paragraph p, of the CC&Rs restricts the use of fences in the subdivision by declaring that any fence must be of a height not greater than five (5) feet, that such fence shall be constructed of only of a high-quality wood, stained or painted on both sides, and that all fence projects are subject to review and written approval by Architectural Review Committee (ARC) prior to construction; and
WHEREAS the Association believes that rules and requirements related to architectural control help support the highest market values for the entire subdivision and help ensure that any planned improvement conforms to the Association’s Declaration, maintains architectural harmony, enhances the beauty of the community, and in no way inconveniences fellow homeowners or affects the golf course;
LET IT BE RESOLVED THAT the following additional restrictions relating to fences are hereby set forth:
Fences must be stained or painted on all sides in a neutral color that compliments the colors of the home.
ALL applications for fence projects will require complete definition, including full descriptions and detailed diagrams for placement and style.
Fences or walls are NOT allowed at or near lot boundaries for enclosing a significant portion of a yard.
Fences for pet management may be considered. Pet fences must be tasteful, discreet as possible, and shall be limited to the service area immediately behind the garage. Such fences shall not be placed beyond the extended lines of the walls of the house/garage (i.e.; in most cases, no closer to any lot boundary than the outermost walls of the house or garage).
Fences for landscape accent may be considered. They shall not be large in scale and shall not form long, continuous runs.
All ARC approved fences shall be aesthetically appropriate, and considerate toward all neighboring properties and public areas.
It shall be understood by the applicant that all fences will require ongoing maintenance. The applicant agrees to keep all fence(s) properly maintained.
All fence placements shall consider and allow for maintenance activities on all sides (for the fence itself, as well as the grass and landscape plantings). Maintenance activities should not require using neighboring properties.