This is a compilation of information on these design elements to be informative to the ACC specialists approving applications for these elements. This works in concert with the other materials and the Residential Improvement Guidelines.
ANY EXTERIOR CHANGE IS SUBJECT TO ACC APPROVAL, regardless of the below. Landscaping/Xeriscaping
Architectural Committee approval is required. Drawings or plans should be done to scale and must depict the property lines of the lot and the outside boundary lines of the home as located on the Lot. All organic materials (plants, shrubs, trees, etc.) and building materials (stone, wood, edging, etc.) must be clearly labeled in details.
Guidelines
The Lot landscaping should complement the overall Homestead neighborhood. Plant material should be similar in scale and character to that used in our community landscape areas. In any design, particular attention should be paid to the functional aspects of planting and hardscapes such as their use for screening, space definition, erosion control, glare reduction, dust control and aesthetics. The use of drought-tolerant plants (xeriscaping) is highly encouraged so that plant materials, irrigation systems and maintenance practices conserve water, wherever possible.
A minimum of 50 percent of the permeable Lot surface area (ie – whatever is left after driveway, sidewalk, porch patio) must be living material/ground cover.
Landscaping must consist of trees, shrubs, ornamental grasses, ground covers, annual and perennial flowers, turf grasses, mulches and automatic irrigation. The approved rock mulch is either 1.5″ brown, tan or gray river rock or 1.5″ brown, tan or gray rock. Natural cobblestone, up to 4″ or 6″ stones, is allowed in drainage areas or as a limited accent. Mulch may not be black bark, red bark or gorilla hair. Mulch must be laid 2-3″ thick and must be contained within a bed. Mulch may not be used as lawn replacement.
Each owner of each Lot shall maintain all landscaping on the Lot in a neat and attractive condition, including periodic and horticulturally correct pruning, removal of weeds and debris, and replacement of dead landscaping. This applies to the front, back and side yards.
NONVEGETATIVE TURF GRASS
Any Owner who desires to install a Nonvegetative Turf Grass product must first obtain Committee approval. In any application to install Nonvegetative Turf Grass, the request must specifically reference Nonvegetative Turf Grass, as opposed to Turf or Turf Grass. Nonvegetative Turf Grass may only be installed in the rear yard of a Lot. Nonvegetative Turf Grass may not be installed over concrete or wood, including, without limitation, on patios, porches, or balconies.
Any application for the installation of Nonvegetative Turf Grass must include:
- A description of the Nonvegetative Turf Grass that will be used including, the manufacturer, type, and color of the proposed Nonvegetative Turf Grass.
- All Safety Data Sheets and component information supplied by the manufacturer along with any material or use warnings that apply to the product. No lead-based products are allowed.
- A description and proposed plan for drainage of the area, including material lists and a site plan. The Association may require an engineering report reflecting the proposed plan for drainage.
- A physical sample (12” by 12”) of the exact finished turf product (if requested).
Installation and Inspection:
- Professional installation is required.
- Nonvegetative Turf Grass must be installed according to manufacturer’s installation recommendations.
- The minimum allowable total weight for Nonvegetative Turf Grass is 40 ounces per square yard. The maximum width of the stitch gauge is ¾ inch. Primary backing shall be a polypropylene with a secondary polyurethane backing to provide drainage. The Nonvegetative Turf Grass pile height must be at least 1.5 inches and cannot exceed 2.0 inches.
- Installation must include a week barrier and a weed suppressor must be used under the seams and the seams must be properly secured.
- Nonvegetative Turf Grass must be installed in such a way as to appear seamless and uniform. The Owner must install a proper sub-base to prevent wrinkling and uneven surfaces. The sub-base shall be a minimum of four (4) inches of compacted aggregate material below the Nonvegetative Turf Grass’s finish grade. A suggested sub-base is ¼” to ¾” diameter crushed drain rock.
- Nonvegetative Turf Grass must be installed to present a natural appearance. Only natural green shades are permitted. All Nonvegetative Turf Grass must be installed with sufficient infill to present a natural appearance. Standard industry guidelines provide for a minimum infill of two (2) pounds per square foot.
- Except as otherwise permitted by the Association, Nonvegetative Turf Grass must be installed with a physical barrier at least six inches in width between the Nonvegetative Turf Grass and any vegetation. If a Nonvegetative Turf Grass area abuts a native area, it must be separated with a barrier of at least 4” of hardscape or a planting area.
- The Committee has the power to inspect any Nonvegetative Turf Grass after installation. Owners shall notify the Committee of the date the installation is completed to schedule the inspection. If the product is not properly installed or is otherwise unsightly or unattractive, the Committee shall recommend steps to the Owner to remedy the problem. If the Owner fails to remedy the problem within a reasonable period of time, the Board may take further action, including, without limitation, imposing fines in accordance with the Association’s Enforcement Policy, or requiring the Owner to remove the Nonvegetative Turf Grass and re-landscape at Owner’s own expense.
Drainage:
Nonvegetative Turf Grass may not be installed in a manner that negatively impacts the drainage within the community, whether on the requesting Owner’s Lot or neighboring Lots of Common Elements. An Owner who installs Nonvegetative Turf Grass that negatively impacts drainage is obligated to remedy the problem in a timely fashion at the Owner’s expense. The Owner is liable for any damage caused by such drainage. If Nonvegetative Turf Grass cannot be installed without negatively impacting the drainage, the Owner of the Lot shall remove the Nonvegetative Turf Grass and re-landscape at his or her own expense. The Association shall not be liable for any alterations to the drainage.
Maintenance:
- Nonvegetative Turf Grass must be maintained in like-new condition, color, and uniformity with no tears or seams visible. The Owner must regularly rake the pile to provide a natural, vertical appearance. Nonvegetative Turf Grass pile shall not be permitted to lie flat or horizontal.
- Any installed Nonvegetative Turf Grass must be cleaned and maintained according to the manufacturer’s guidelines and warranty requirements.
- When Nonvegetative Turf Grass reaches the end of its lifespan and no longer appears natural in color and appearance, or has suffered irreparable damage or wear, the Owner must replace the Nonvegetative Turf Grass.
- If animals are allowed to defecate upon the Nonvegetative Turf Grass, feces should be removed as soon as possible, and the Owner is required to regularly clean and sanitize the surface according to manufacturer’s guidelines.
Discalimer:
Any Owner seeking to install Nonvegetative Turf Grass is notified that Association approval is not approval by any applicable local government. Each Owner is solely responsible for any costs and action required by local governments with respect to their landscape design, including, without limitation, Nonvegetative Turf Grass.
VEGETABLE GARDENS
- Prior Approval for Installation – Any Owner who desires to install a Vegetable Garden must first obtain Committee approval. In any application to install a Vegetable Garden, the request must specifically reference the Vegetable Garden, as opposed to turf.
- Location – Vegetable Gardens may be located in the front, side, or back yard. Vegetable Gardens that are located in the front or side yard are limited to one raised container bed no larger than 6’ x 4’, with a maximum height of 2’ from the ground surface. No at-grade Vegetable Gardens are permitted in front or side yards. The container must be made of natural wood, rock, pavers, or decorative concrete block that must match or be complementary to the residence in materials, design, and color. Any front and/or side yard garden containers must sit back at least 18” from the property line and may not block or alter existing drainage patterns. Vegetable Gardens located in back yards may not exceed more than 25% of the square footage of the back yard landscaping area. Vegetable Gardens that are installed at-grade and located in back yards shall not directly abut the property line but shall instead be at least 18” from the property line. Vegetable Gardens that are installed at-grade must have a physical border or boundary to reduce erosion and runoff, and may not block or alter existing drainage patterns.
- Application – Owners understand and acknowledge that the right of installing a Vegetable Garden is tied to the obligation to properly maintain the Vegetable Garden in the off-season. Any application for the installation of a Vegetable Garden must include:
| a) A depiction of the proposed Vegetable Garden shown on a plot plan of the Lot. |
| b) Pictures or other descriptions of type of garden bed (raised or at-grade) that will be installed including the manufacturer, type, and color of any proposed raised bed. |
| c) A description and proposed plan for drainage of the area, including material lists and a site plan. The Association may require an engineering report reflecting the proposed plan for drainage. |
4. Drainage – Vegetable Gardens may not be installed in a manner that negatively impacts the drainage within the community, whether on the requesting Owner’s Lot or neighboring Lots or Common Elements. An Owner who installs a Vegetable Garden that negatively impacts drainage is obligated to remedy the problem in a timely fashion at the Owner’s expense. The Owner is liable for any damage caused by such drainage. If a Vegetable Garden cannot be installed without negatively impacting the drainage, the Owner of the Lot shall remove the Vegetable Garden and re-landscape at his or her own expense. The Association shall not be liable for any alterations to the drainage.
5. Maintenance:
| a) Vegetable Gardens must be maintained in a manner that minimizes harm to others. Owners should regularly water and weed Vegetable Gardens to present an attractive and cared-for appearance. |
| b) Raised planter beds shall not be permitted to fall into disrepair and shall be replaced when they start to show excessive age or wear and tear. |
| c) Any Owner who decides to cease gardening shall maintain the Vegetable Garden in a neat and attractive manner, or shall remove the Vegetable Garden and replace it with landscaping approved by the Committee. |
| d) After the autumn frost, Vegetable Gardens that are visible from public rights of way must be planted with cover crops (e.g., buckwheat, peas) to minimize weed growth, or otherwise maintained free of weeds. |
| e) Dead plant materials and other compostable materials shall not be permitted to naturally compost in Vegetable Gardens but shall instead be composted in an above-ground container designed for that purpose. Vegetable Gardens and compost shall not be maintained in a manner that permits or encourages the unreasonable proliferation of rodents. |
| f) Plants in Vegetable Gardens in front and side yards may not exceed 2’ at maturity and may not be enclosed with wire or fencing. Corn may not be planted in front or side yard Vegetable Gardens. |
6. Disclaimer:
Any Owner seeking to install a Vegetable Garden is notified that Association approval is not approval by any applicable local government. Each Owner is solely responsible for any costs and action required by local governments with respect to their landscape design, including, without limitation, Vegetable Gardens.
XERISCAPING AND OTHER DROUGHT TOLERANT LANDSCAPING
Installation – After submitting an application to the Association and receiving written approval from the Association, an Owner may install Xeriscaping or other drought tolerant landscaping in accordance with the application on any portion of the Lot.
- The Lot landscaping should complement the overall Homestead neighborhood. Plant material should be similar in scale and character to that used in our community landscape areas. In any design, particular attention should be paid to the functional aspects of planting and hardscapes such as their use for screening, space definition, erosion control, glare reduction, dust control, and aesthetics. The use of drought tolerant plants and Xeriscaping is highly encouraged so that plant materials, irrigation systems, and maintenance practices conserve water, wherever possible.
- A minimum of 50% of the permeable lot surface area (i.e., whatever is left after sidewalk, driveway, porch, patio) must be living material/ground cover.
- Landscaping must consist of trees, shrubs, ornamental grasses, ground covers, annual and perennial flowers, Turf Grasses, mulches, and automatic irrigation.
- Mulch may not be used as a lawn replacement.
- Each Lot Owner must maintain all landscaping on their Lot in a neat and attractive condition, including periodic and horticulturally correct pruning, removal of weeds and debris, and replacement of dead landscaping. This applies to front, side, and back yards.
Pre-Approved Designs – The Association has preapproved several pre-planned water-wise garden designs that Owners may install in strict conformance with the design; in accordance with statute, reasonable substitute plants are allowed when a plant in a design is not available. These pre-planned water-wise garden designs are attached to this Policy as Exhibit A. Alteration to any pre-planned water-wise garden design requires Committee approval.
Application – Any application for the installation of Xeriscaping or other drought tolerant landscaping must include:
| a) A depiction of all planned vegetation, hardscape, mulch, rock, watering facilities, and other improvements to the property in sufficient detail to allow the Association to determine the appropriateness of the proposed landscaping, shown on a plot plan of the Lot. |
| b) An application for the installation of one of the Association’s preapproved pre-planned water-wise garden design must scale the design to the Owner’s particular Lot. |
| c) A description and proposed plan for drainage of the area. The Association may require an engineering report reflecting the proposed plan for drainage. |
Review Fee:The Association may charge the Owner a fee, not to exceed the actual charge incurred by the Association, to defray the expenses related to obtaining any expert opinion regarding an Owner’s Xeriscaping application. Such expert opinion is designed to ensure the proposed Xeriscaping is likely to work as intended, and to provide advice regarding potential problems with the proposed Xeriscaping.
Maintenance: No Owner shall be relieved of his or her maintenance obligations on his or her Lot by virtue of the installation of Xeriscaping. The Association may take all actions necessary to enforce appropriate maintenance of Xeriscaping as it is permitted to take by its governing documents as to any other Owner maintenance obligation.
GENERAL REQUIREMENTS
- Watering Restrictions. If an Owner fails to adequately water landscapes or vegetation for which he or she is responsible, the Association may treat such failure as a violation of the Declaration. However, the Association shall not levy fines against the Owner for such failure if both:
| a) Watering restrictions have been imposed by the local entity with jurisdiction over watering in the Association; and |
| b) The Owner presents satisfactory evidence that he or she is watering the landscape in a manner consistent with the watering restrictions then in effect. |
2. Plant Replacement. In the event any vegetation requires replacement, such requirement shall be stayed as mandated by any applicable watering restrictions. The Owner shall commence the process to obtain any necessary replacement approval within 60 days after expiration of the applicable watering restrictions or amendment in a manner that would permit replacement and appropriate watering. The Association shall notify the Owner of the date by which the replacement must be completed, which shall be not less than 60 days after the Owner’s application.
3. Grading and Drainage. The Association is not required to approve any landscaping plan that will alter the established flow of grading and drainage as initially existed at the time the Declarant conveyed the subject Lot to its first private Owner.
4. Fire Safety and Invasive Species. The Association is not required to approve any landscaping plan that will, in the Association’s reasonable opinion, negatively impact fire safety or fire mitigation activities. Further, the Association is not required to allow the planting and maintenance of any noxious weed or invasive plant species as those terms are used by the Colorado State University Extension.
5. Exculpation. While the Association has approved pre-planned water-wise garden designs and other improvements as contemplated by Owners and this Policy, the Association does not, by such approval, represent or warrant that any particular improvement is appropriate for any particular Lot. Owners are obligated to ensure that their landscaping is appropriate to their property and the Association shall have no liability for any damage caused by or related to landscaping approved by the Association
6. Conflicts. This Policy controls over any pre-existing rule, policy, design guidelines, or other Board-adopted document. This Policy does not change any provision of the Declaration except to the extent such provision is rendered unenforceable under Colorado law.