Property Owners should review these policies carefully before starting any exterior construction or maintenance projects. Failure to obtain required pre-approval for projects may result in substantial costs to the property owner to bring the project into compliance.
KSPOA Architectural Review Committee Policies (5/31/2014)
The Architectural Review Committee (ARC) administers policies established by the Board of Directors in compliance with the covenants and by-laws of the KSPOA, to manage architectural continuity of the Kinnakeet Shores Subdivision (Subdivision). Relevant portions of the covenants include the following:
KSPOA Covenants, Article 1,Paragraphs 3, 4 ,5 ,6, 7, 10, 15 (as recorded with Dare County Register of Deeds, Book 317, page 297):
3. Approval of Plans. No building or other structure, site work or clearing preparatory to construction shall be begun, altered, added to, maintained or reconstructed on any lot until the plans and specifications for such work have been reviewed and approved by the Architectural Review Committee of the Property Owners Association. Before commencing such review, a lot owner shall submit to the Architectural Review Committee three (3) complete sets of plans and specifications, including but not limited to: a site plan, a foundation plan, a floor plan or plans, the four directional elevations, and a schedule of proposed exterior colors and materials. No change shall be made from such approved plans and specifications, nor shall subsequent alterations be caused to the site or building, without the express approval of the Architectural Review Committee. The Architectural Review Committee may approve the plans, sitIng or specifications conditionally, or it may refuse approval upon any grounds, including purely aesthetic considerations, which in its sole discretion shall appear warranted to protect the beauty and harmony of the subdivision. In no event shall the Architectural Review Committee, in, the exercise of its discretion, approve plans for any main residence with a total area of less than 1100 square feet, excluding garages, guest houses and accessory buildings.
Where construction of any Improvement required to be approved shall not have been begun before the expiration of 6 months following approval, said approval shall be void and of no effect; the plans for such improvement shall be resubmitted to the Architectural Review Committee for reconsideration, and the Architectural Review Committee may, in its discretion, either confirm its earlier approval of the plans or disapprove them.
4. Building Locations. The Architectural Review Committee has the right to determine the exact location of any building or other structure to be located on the lot. Such location shall be determined only after a reasonable time has been allowed for the lot owner to submit plans showing such location to the Architectural Review Committee and' the Architectural Review Committee to review said plans. In no event shall the Architectural Review Committee in the exercise of its discretion, approve the location of a residence, garage, or guest house within 25 feet of the front line of said lot, within 10 feet of the side lines of said lot, or within 20 feet of the rear lines thereof. The front line shall be the line adjacent to the street. Except for corner lots the front line shall be the shortest line adjacent to either street. Where a greater setback is shown on the subdivision plat, the same shall apply instead of the setbacks in this paragraph. Where the Dare County subdivision ordinance prescribes more stringent set-back requirements, their required setbacks shall govern.
5. Completion of Building. Each building and structure erected upon said lot shall be completed within eighteen (18) months after commencing construction, except where completion is impossible or would result in severe hardship to the lot owner or the builder due to causes not in his control.
6. Utilities. All utilities shall be placed underground, and the erection of any exposed antennas shall be done only with the approval of the Architectural Review Committee.
7. Screening. Each lot owner shall provide screening from public view, approved in writing by the Architectural l Review Committee, for garbage stations, fuel tanks, service yards, air conditioning units, clothes lines, water tanks, rubbish storage receptacles, or for any other permanent facility which the Architectural Review Committee, in its sole opinion, shall require to preserve the beauty and harmony of the development.
10. Vegetation. No existing vegetation or sand dunes shall be disturbed during construction without the express written consent of the Architectural Review Committee which shall require proposals for the re-stabilization of any such disturbed area. Any vegetation distributed during construction shall be repaired to the satisfaction of the Architectural Review Committee. This shall not prevent the Declarant from engaging in such clearing, mowing, and pruning activities as are necessary to effect the overall plan of development.
15. Fences. No fences of any kind shall be permitted in the subdivision.
Amendment -(as recorded with Dare County Register of Deeds, Book 330, page 206) substituting the following due to restrictions enforced by the Cape Hatteras Electric Membership Corporation:
6. Utilities. All utilities with the exception of electric power, shall be placed underground, and the erection of any exposed antennas shall be done only with the approval of the Architectural Review Committee.
In addition to obtaining ARC approval and compliance with KSPOA covenants and policies, the property owner is responsible for obtaining the appropriate Dare County building permits and compliance with all associated regulations. Federal, state, county and local regulations may in some instances supersede the KSPOA covenants and policies. For example, regulations require that swimming pools be enclosed by fencing for safety reasons. Fencing that meets State requirements would be exempt from these policies, while other fencing would continue to be prohibited.
The KSPOA board of directors has developed the following policies to ensure compliance with the covenants and bylaws.
Property Owners Responsibilities:
New Home Construction
Application Form (see website or call ARC chairman) shall be submitted to the ARC accompanied by a $100 fee for new home construction. Approval by the ARC, in addition to normal Dare County Building Permits, must be obtained before construction begins.
- Existing Home Additions
Application Form (see website or call ARC chairman) must be submitted to the ARC accompanied by a $100 fee for external renovations that require a Dare County Building Permit. Covered renovations include:
- Changes in structure footprint,
- Changes in enclosed square footage,
- Changes in decking square footage,
- Changes in roof line.
- Paving of driveways and additional parking pads.
- Existing Home Maintenance
Application Form (see website or call ARC chairman) must be submitted to the ARC accompanied by a $50 fee for external maintenance that change the cosmetic appearance of the home, but which may not require a Dare County Building Permit. Covered maintenance projects include:
- Painting a previously unpainted home, or repainting a home using different colors that previously approved. Painting projects should always be submitted to the ARC. If the color is determined to the same as previously approved, the fee will be waived.
- Changing the siding material (e.g. replacing cedar shakes with lap siding).
- Changing the roofing material (e.g. replace fiberglass shingles with cedar shingles or metal roofing)
- Addition of swimming pools.
- Addition of fencing, where specifically required as exemplified above.
- Paving or expanding the size of driveways and parking pads.
Forms are available on the www.KSPOA.org website.
- Exemptions from ARC Review:
Outside construction or maintenance which adheres to project plans previously approved by the ARC do not require additional approval, assuming the original project was completed and complied with the approved plans. Generally, exemptions cover any project that will maintain the home to its original state or to the state after previously ARC approved modifications. Application Form is not required. Exempted projects include:
- Deck repair or replacement.
- Siding repair or replacement with the same siding material.
- Roof repair or replacement with the same roofing material.