1. Welcome to the Aquia Harbour Property Owner's Association website. After you register, you may want to spend a bit of time reviewing the "tutorials" forum.
  2. That's right folks, we have a bunch of ways for you to "follow" important announcements posted. On Twitter as AHPOA. On FaceBook as "aquiaharbour".

Main Body - Historical

Applied By Office: Feb 6, 2017 at 11:44 AM

Main Body
Old VersionNew Version
1[CENTER][B]PART 1 1[SIZE=3][B]CONSTRUCTION MAINTENANCE PROCEDURES, AQUIA HARBOUR[/B][/SIZE]
2CONSTRUCTION MAINTENANCE PROCEDURES, AQUIA HARBOUR[/B][/CENTER] 2
3 3[B]1. Application for Building[/B]
41. Application for Building Persons desiring to build any structure or improvement whatsoever to be erected on or moved upon any lot within the Aquia Harbour Subdivision shall: 4
5[LIST] 5Persons desiring to build any structure or improvement whatsoever to be erected on or moved upon any lot within the Aquia Harbour Subdivision shall:
6[*]a. Submit an "Application for Construction Approval" and two sets of detailed plans with specifications showing the proposed location thereof on any lot or lots, the construction material, the roofs and exterior color schemes. Any later changes or additions thereto on any lot shall be subject to and shall require the approval of the ACC in writing before any such work is commenced. 6
7[*]b. Certify on the face of both sets of house plans and on the copy of the "Application for Construction Approval", that the house to be erected is not an adjacent look-alike. 7a. Submit an “Application for Construction Approval" and two sets of detailed plans with specifications showing the proposed location thereof on any lot or lots, the construction material, the roofs and exterior color schemes. Any later changes or additions thereto on any lot shall be subject to and shall require the approval of the ACC in writing before any such work is commenced.
8[LIST] 8
9[*](1) Groups of homes that are of identical or near-identical physical exterior lack the diversity of individual aesthetic values that are required to meet the harmony of the Aquia Harbour environment. 9b. Certify on the face of both sets of house plans and on the copy of the "Application for Construction Approval", that the house to be erected is not an adjacent look-alike.
10[*](2) To prevent more than two homes built to the same exact style or plan from being constructed within the same general view. 10
11[/LIST] 11(1) Groups of homes that are of identical or near-identical physical exterior lack the diversity of individual aesthetic values that are required to meet the harmony of the Aquia Harbour environment.
12[*]c. An Application for Construction Approval will not be considered by the Architectural Control Committee (ACC) unless that portion under "Certificate", which requires signature by the prospective resident, is actually signed by the prospective resident. In the event there is no prospective resident, the certification may be signed by the Builder. 12
13[*]d. All applications for exterior construction or remodeling that requires County approval must be accompanied by an approved Stafford County Building Permit. All applications impacting on waterways and/or wetlands, will be accompanied by permits from the County Wetlands Board and Army Corps of Engineers. In some cases, those agencies will provide a statement to the effect of “No Permit is Required.” 13(2) To prevent more than two homes built to the same exact style or plan from being constructed within the same general view.
14[*]e. During construction the CVO, or his representative, is granted permission to enter the subject property for purposes related to him/her performing job related activities. 14
15[/LIST] 15c. An Application for Construction Approval for a new residence will not be considered by the Architectural Control Committee (ACC) unless that portion under "Certificate", which requires signature by the prospective resident, is actually signed by the prospective resident. In the event there is no prospective resident, the certification may be signed by the Builder.
162. ACC Review - Approval or Denial Upon completion of the review, the applicant will be notified of the ACC decision by separate correspondence. If approved, the approval will be signed on both sets of plans; one set of plans will be remitted to the applicant and one set will be retained by the Aquia Harbour Property Owners Association. Should a contractor or property owner commence construction on a new house, addition, or exterior improvement without the prior approval of the ACC this act in itself shall be sufficient grounds for denial of the "Application for Construction Approval". Matters that are relative to the unauthorized commencement of construction within the Aquia Harbour Subdivision will be referred to the Legal Compliance Committee (LCC) for resolution. 16
17 17d. All applications for exterior construction or remodeling that requires County approval must be accompanied by an approved Stafford County Building Permit. All applications impacting on waterways and/or wetlands, will be accompanied by permits from the County Wetlands Board and Army Corps of Engineers. In some cases, those agencies will provide a statement to the effect of “No Permit is Required.”
183. Building Fee Each proposed contractor shall be assessed, against each lot in the Aquia Harbour Subdivision on which a single family residence is to be constructed, a one-time building fee of $10,000, and a building bond of $5,000. 18
19[LIST] 19e.  During construction the CVO, or his representative, is granted permission to enter the subject property for purposes related to him/her performing job related activities.
20[*]a. Such building fee and bond shall become due and payable in cash or separate checks at the time the building plans and site plan of the lot on which the residence is to be constructed are submitted to the ACC. 20
21[*]b. Until such time as the contractor assessments hereby imposed are paid in full, there shall be no construction of the aforesaid single family residence on the lot in question, nor may site work commence. 21[B]2.[/B] [B]ACC Review - Approval or Denial[/B]
22[*]c. Site plans submitted to the ACC will not be approved until the building fee and bond are paid in full. 22
23[*]d. Construction permits are normally granted for a period of six months. Under unusual circumstances, an extension of up to six months may be granted. If construction is not completed by that time, the applicant will be required to submit a new application, with a time duration of six months, with a reissue fee of $1,000. At the end of this period, if construction is not yet completed, a new request and building fee will be required, with the same time constraints as set forth earlier in this paragraph. 23Upon completion of the review, the applicant will be notified of the ACC decision by separate correspondence. If approved, the approval will be signed on both sets of plans; one set of plans will be remitted to the applicant and one set will be retained by the Aquia Harbour Property Owners Association. Should a contractor or property owner commence construction on a new house, addition, or exterior improvement without the prior approval of the ACC this act in itself shall be sufficient grounds for denial of the "Application for Construction Approval". Matters that are relative to the unauthorized commencement of construction within the Aquia Harbour Subdivision will be referred to the Legal Compliance Committee (LCC) for resolution.
24[*]e. Should a Builder or Owner sell the lot during the period in which the Building Permit is still in effect, the new Owner/Builder may assume the permit providing the original plans are adhered to. Should there be a revision of plans, a new permit will be required. Should the permit have expired at the time of sale, the permit will not be transferable and a new application and building fee will be required. 24
25[*]f. When it has been determined that construction has been completed (see 4 (b) below) that portion of the bond money remaining will be refunded to the payee. 25[B]3. Building Fee and Bond[/B]
26[*]g. Should an existing home become a total loss due to fire, a natural disaster, or some other indeterminate event, and should the lot owner, or subsequent lot owner, apply for a building permit to replace the dwelling on approximately the same footprint, the building fee may be waived by the ACC. Any major change to the footprint could result in the instatement of the building fee. 26
27[/LIST] 27Each proposed contractor shall be assessed, against each lot in the Aquia Harbour Subdivision on which a single family residence is to be constructed, a one-time building fee of $10,000, and a building bond of $5,000.
284. Construction Compliance All new home construction within Aquia Harbour Subdivision must comply with Stafford County Ordinance now in effect or as amended from time to time, as they pertain to private property development and must meet or exceed all of the following criteria established for Aquia Harbour, which may be more restrictive than Stafford County's requirements: 28
29[LIST] 29a. Such building fee and bond shall become due and payable in cash or separate checks at the time the building plans and site plan of the lot on which the residence is to be constructed are submitted to the ACC.
30[*]a. Landscaping Plan 30
31[LIST] 31b. Until such time as the contractor assessments hereby imposed are paid in full, there shall be no construction of the aforesaid single family residence on the lot in question, nor may site work commence. 
32[*](1) A landscaping plan in two copies must accompany the Application for Construction Approval. 32
33[*](2) The basis for the Landscaping Plan will be the site plan or a reproduction of same and will show: 33c. Site plans submitted to the ACC will not be approved until the building fee and bond are paid in full.
34[LIST] 34
35[*](a) Location of the building. 35d. Construction permits are normally granted for a period of six months. Under unusual circumstances, an extension of up to six months [U]may[/U] be granted. If construction is not completed by that time, the applicant will be required to submit a new application, with a time duration of six months, with a reissue fee of $1,000. At the end of this period, if construction is not yet completed, a new request and building fee will be required, with the same time constraints as set forth earlier in this paragraph.
36[*](b) Outlined in red ink, those portions of the lot where land disturbing activities will take place. "Land disturbing activities" is defined in paragraph 5, Construction Procedures Aquia Harbour. 36
37[*](c) Outlined in green ink, those areas where land disturbing activities will not take place. 37
38[*](d) With appropriate symbols, the grading plan of the lot to show fill excavation. This may be accomplished by the use of contour lines and a narrative. 38e. Should a Builder or Owner sell the lot during the period in which the Building Permit is still in effect, the new Owner/Builder may assume the permit providing the original plans are adhered to. Should there be a revision of plans, a new permit will be required. Should the permit have expired at the time of sale, the permit [U]will not[/U] be transferable and a new application and building fee will be required.
39[*](e) Details on measures to be taken to control erosion and/or water flow. The statement "Erosion control as necessary" will not be acceptable. 39
40[*](f) Show any other measure to be taken to restore the lot to a status consistent with a community of wooded lots. 40f. When it has been determined that construction has been completed (see 4 (b) below) that portion of the bond money remaining will be refunded to the payee.
41[/LIST] 41
42[*](3) The Landscaping Plan will either be drawn to scale with the scale indicated, or, distances indicated from boundaries. Size of plantings need not be drawn to scale. Distance from buildings to lot boundaries will be shown. 42g. Should an existing home become a total loss due to fire, a natural disaster, or some other indeterminate event, and should the lot owner, or subsequent lot owner, apply for a building permit to replace the dwelling on approximately the same footprint, the building fee may be waived by the ACC. Any major change to the footprint could result in the instatement of the building fee.
43[/LIST] 43
44[*]b. Construction Completion 44[B]4. Construction Compliance[/B]
45[LIST] 45
46[*](1) All building exteriors must be completed within six months from the date the construction commences. 46All construction within Aquia Harbour Subdivision must comply with Stafford County Ordinance now in effect or as amended from time to time, as they pertain to private property development and must meet or exceed all of the following criteria established for Aquia Harbour, which may be more restrictive than Stafford County’s requirements:
47[*](2) The building period commences when excavation is begun or when building materials are delivered, whichever occurs first. 47
48[*](3) The building is not considered as being completed by the ACC until final grade and headwalls have been installed. 48a. [U]Landscaping Plan[/U]
49[*](4) When a residence constructed on any lot, excluding headwalls, has been substantially completed (90%) and no suit or complaint has been filed with the purpose of enjoining the construction therefore or seeking the enforcement of Restrictions and Covenants, AHPOA, By-Laws, Construction Maintenance Procedures, or any other regulation pertaining to Construction Procedures or changing the appearance of lots within the Aquia Harbour Association, then it shall be conclusively presumed that such residence has been constructed in compliance with all provisions pertaining to construction or lot appearance changes. 49
50[/LIST] 50(1) A landscaping plan in two copies must accompany the Application for Construction Approval.
51[*]c. Where Building is in Progress 51
52[LIST] 52(2) The basis for the Landscaping Plan will be the site plan or a reproduction of same and will show:
53[*](1) During construction, builder must contain unusable building materials, general trash and debris on each building site, in an orderly manner and under control at all times. 53
54[*](2) Under no condition shall trash and debris be moved from one building site to another. 54(a) Location of the building.
55[/LIST] 55
56[*]d. Construction Equipment and Vehicles 56(b) Outlined in red ink, those portions of the lot where land disturbing activities will take place. "Land disturbing activities" is defined in paragraph 5, Construction Procedures Aquia Harbour.
57[LIST] 57
58[*](1) Tracked vehicles of any type are prohibited on all paved road surfaces, to include the unloading/loading of such vehicles from/onto flat bed equipment on the paved road surface, at the construction site. 58(c) Outlined in green ink, those areas where land disturbing activities will not take place.
59[*](2) To help preclude damage to road surfaces, earth which is inadvertently transported from the construction site onto the roadways by the wheels or attachments of construction equipment and vehicles shall be immediately removed. 59
60[*](3) Failure to comply with the proper cleaning of roadways will force the AHPOA to have this accomplished and all costs billed to the contractor/owner. 60(d)With appropriate symbols, the grading plan of the lot to show fill excavation. This may be accomplished by the use of contour lines and a narrative.
61[/LIST] 61
62[*]e. Space Devoted to Living Purpose 62(e) Details on measures to be taken to control erosion and/or water flow. The statement “Erosion control as necessary” will not be acceptable.
63[LIST] 63
64[*](1) Space devoted to living purposes shall be: 64(f) Show any other measure to be taken to restore the lot to a status consistent with a community of wooded lots.
65[LIST] 65
66[*](a) Measured on the perimeter of the exterior walls; 66(3) The Landscaping Plan will either be drawn to scale with the scale indicated, or, distances indicated from boundaries. Size of plantings need not be drawn to scale. Distance from buildings to lot boundaries will be shown.
67[*](b) Exclusive of roofed porches, terraces, garages, carports, and other outside buildings and unfinished basements. 67
68[/LIST] 68b. [U]Construction Completion[/U]
69[*](2) Ranch or One Story House A minimum of 1,200 square feet of living space 69
70[*](3) Multi-story Houses shall have a minimum of 1,600 square feet of living space distributed among all floors in such a way that the finished structure shall be aesthetically compatible with adjoining homes in the immediate and adjacent area. 70(1) All building exteriors must be completed within six months from the date the construction commences.
71[/LIST] 71
72[*]f. Roof Pitch A minimum pitch of 4 inches to the foot is required, and deviations must be approved by the ACC (e.g. roofline for a Spanish decor design). 72(2) The building period commences when excavation is begun or when building materials are delivered, whichever occurs first.
73[*]g. Entrance Ways/Culvert Pipe/Ditches (Illustrations, Page 1-12 & 1-13). 73
74[LIST] 74(3) The building is not considered as being completed by the ACC until final grade and headwalls have been installed.
75[*](1) All entrance ways from the main roadway, as may be required by the ACC, will have culvert pipe with headwalls: headwalls shall consist of approved suitable building materials: 75
76[LIST] 76(4) When a residence constructed on any lot, excluding headwalls, has been substantially completed (90%) and no suit or complaint has been filed with the purpose of enjoining the construction therefore or seeking the enforcement of Restrictions and Covenants, AHPOA, By‑Laws, Construction Maintenance Procedures, or any other regulation pertaining to Construction Procedures or changing the appearance of lots within the Aquia Harbour Association, then it shall be conclusively presumed that such residence has been constructed in compliance with all provisions pertaining to construction or lot appearance changes.
77[*](a) Suitable materials: Headwalls will be constructed of either concrete or pressure treated 6 X 6 lumber. All culvert pipes will be made of double wall plastic. If different materials are desired a waiver must be granted by the ACC. 77
78[*](b) Construction: Headwalls will be stabilized with deadmen or braces of the same type of material as above. Headwalls will extend a minimum of 5 1/2 inches below the bottom of the culvert pipe and at least to the top of the ditchline. 78c. [U]Where Building is in Progress[/U]
79[*](c) The "Application for Construction Approval" shall describe the dimensions and building materials to be used in the construction of the headwalls, and the site plan shall show the location of the proposed headwalls, as required by the ACC. 79
80[*](d) Pipe size is specified according to the lot number and the specific size submitted will be verified upon approval of plans by the ACC. 80(1) During construction, builder must contain unusable building materials, general trash and debris on each building site, in an orderly manner and under control at all times.
81[*](e) Head walls shall be installed during the first grading operation and the driveway shall be maintained as a gravel surface to keep the road clean. 81
82[/LIST] 82(2) Under no condition shall trash and debris be moved from one building site to another.
83[*](2) Any portion of the concrete or blacktop driveway extending to the main roadway or easement could be subject to damage during road maintenance or snow plowing. Should this occur, repair will be the responsibility of the contractor/owner. 83
84[*](3) The driveway surface at ditch line must be at least level or slightly below the road surface. 84d. [U]Construction Equipment and Vehicles[/U]
85[*](4) Culverts extending along the entire front of the lot: 85
86[LIST] 86(1) Tracked vehicles of any type are prohibited on all paved road surfaces, to include the unloading/loading of such vehicles from/onto flat bed equipment on the paved road surface, at the construction site.
87[*](a) Must be approved by the ACC. 87
88[*](b) Grading of the lot to the road must be at least two inches below road surface at the road ditch line. 88(2) To help preclude damage to road surfaces, earth which is inadvertently transported from the construction site onto the roadways by the wheels or attachments of construction equipment and vehicles shall be immediately removed.
89[/LIST] 89
90[*](5) Responsibility for maintaining and cleaning of culverts to ensure proper drainage is the resident's sole responsibility. 90(3) Failure to comply with the proper cleaning of roadways will force the AHPOA to have this accomplished and all costs billed to the contractor/owner.
91[*](6) Any road damage due to storm overflow due to culvert blockage will be charged to the property owner. 91
92[*](7) An addendum (see 1-15 for example of same) must be signed by the property owner. 92e. [U]Space Devoted to Living Purpose[/U]
93[*](8) Property owners are responsible for keeping ditches, adjacent to their property, cleared of excess growth, leaves and debris, so that ditches are open and clear to allow water runoff to flow uninterrupted thereby preventing the runoff from causing damage to adjacent Association roads. 93
94[/LIST] 94
95[*]h. Fencing 95(1) Space devoted to living purposes shall be:
96[LIST] 96
97[*](1) Fences that are limited to that portion of the property behind a line parallel with the front of the house may be of any construction not in excess of six feet in height or as otherwise restricted by Stafford County Codes. All fences shall be constructed face out unless a waiver is granted by the ACC. 97(a) Measured on the perimeter of the exterior walls;
98[*](2) Fences that extend in front of a line parallel with the front of the house must be limited to those of open construction and be of wood or painted ornamental metal, no more than 4 feet high. Open construction is defined herein as a fence which can be sighted through from any angle of view. Under no circumstances shall chain link fencing be allowed for installation in front yards. 98
99[/LIST] 99(b) Exclusive of roofed porches, terraces, garages, carports, and other outside buildings and unfinished basements.
100[*]i. Retaining Walls 100
101[LIST] 101(2) Ranch or One Story House
102[*](1) Retaining walls along Aquia Creek or dredged channels tributary to Aquia Creek shall be constructed of adequate materials and located along the channel bank within the normal high and low tide limits. 102
103[*](2) Plans for such construction shall be submitted for approval to the ACC before construction begins, together with a permit for the same from the Army Corps of Engineers, the County Wetlands Board, and the Virginia Marine Resources Commission and Department of Environmental Quality. 103A minimum of 1,200 square feet of living space
104[/LIST] 104
105[*]j. Boat Docks 105(3) Multi‑story Houses shall have a minimum of 1,600 square feet of living space distributed among all floors in such a way that the finished structure shall be aesthetically compatible with adjoining homes in the immediate and adjacent area.
106[LIST] 106
107[*](1) No docks or piers or mooring shall be constructed to extend into the canal or waterway so as to obstruct more than 20 feet of said waterway when a boat is fastened to the pier or dock. 107f. [U]Roof Pitch[/U]
108[*](2) A clear channel of at least 30 feet in width with a depth of 4 feet at mean low water level must be maintained for purposes of safe navigation. 108
109[*](3) Shall be constructed in compliance with the regulations of the Army Corps of Engineers governing applications for the issuance of permits for such structures. 109A minimum pitch of 4 inches to the foot is required, and deviations must be approved by the ACC (e.g. roofline for a Spanish decor design).
110[*](4) The property line of the lot must be within the mean high and low tide limits. If the property line falls on AHPOA common area property, permission must be obtained from the AHPOA before constructing a dock. 110
111[*](5) Any piers extending into the navigable waters of Aquia Harbour, will be the floating dock type. The owner will cause to have at the end of the pier and at each 20 foot increment toward the shore, a warning red light visible within 360 degrees. The light(s) will be on from sunset to sunrise and at other times where visibility is less than one quarter mile when so declared by the local NOAA radio weather station or any Coast Guard marine forecast. This is not applicable to the Aquia Harbour or any other subsequently constructed marina amenity within Aquia Harbour. 111g. [U]Entrance Ways/Headwalls/Culvert Pipes/Ditches (Illustrations, Page 1-13 & 1-14)[/U]
112[/LIST] 112
113[*]k. Pools Any above-ground, or in-ground pool and hot tub with water depth greater than 24 inches, placed within the Aquia Harbour area must be properly safeguarded so as to prevent harm to an individual who might wander into the pool area. The requirements for pool safety measures are the same as for Stafford County. The county requirements can be obtained from the county courthouse. 113
114[/LIST] 114(1) Design Specifications/Application Process:
1155. Soil Erosion And Sedimentation Control The topography in Aquia Harbour varies from flood plains contiguous to the Aquia Harbour Creek to area of steep slopes running up to the Aquia Creek watershed divide. This requires activities to conserve existing ground cover and trees. By a Board of Directors resolution passed in December, 1977, all land disturbing activity related to house construction in Aquia Harbour must be done in accordance with the Stafford County Soil and Erosion and Sedimentation Ordinance. Where significant grading and clearing operations are planned for any house construction, an erosion and sedimentation control plan must be submitted to the ACC as defined in the ordinance: "Land disturbing activity shall mean any land change which may result in soil erosion from water or wind and the involvement of sediments into Stafford County waters or onto land in the County, including, but not limited to, clearing, grading, excavating, transporting, and filling of land." 115
116[LIST] 116The new construction or alteration of any existing entrance way, headwall, culvert pipe, ditch, or parking pad must receive the prior approval of the ACC. All entrance ways leading from a roadway onto a Lot must include culvert pipes with headwalls, which comply with the more detailed specifications set forth below in this section and as may be required by the ACC in any approved Application for Construction Approval.
117[*]a. Certain Aquia Harbour lots in the low lying portions of Aquia Creek and Austin Run may be subject to flooding. 117
118[*]b. The following requirements of Stafford County for developing and building upon lots in the Aquia Harbour floodway area: 118(a) Suitable Materials: Headwalls shall be constructed of either concrete, pressure treated 6x6 lumber, or approved stone blocks. All culvert pipes shall be made of double wall plastic. Any other material must be expressly approved by the ACC.
119[LIST] 119
120[*](1) The Developer build a berm on all lots for which he currently holds title. 120(b) Headwalls shall be stabilized with deadmen, braces, or other methods consistent with industry standards. Headwalls shall extend a minimum of 5-1/2 inches below the bottom of the culvert pipe and at least to the top of the ditch line.
121[*](2) The berm built by the developer be done in segments which are to be approved by the Community Development Department. 121
122[*](3) The Developer provide fill material for those lots which have already been sold. 122(c) The "Application for Construction Approval" shall describe the dimensions and building materials to be used in the construction of the entrance ways, headwalls, ditches, parking pads and culvert pipes. The Application for Construction approval must include a site plan showing the location of the proposed improvements, including all entrance ways, headwalls, ditches, parking pads and culvert pipes.
123[*](4) The Developer notify current lot owners of lot development requirements. 123
124[*](5) The Developer advise all potential buyers of the development requirements prior to sale. 124(d) The size of the culvert pipe that will be approved depends upon the Lot location and must receive express approval of the ACC.
125[*](6) The grading plans and compaction certifications be submitted prior to the issuance of building permits. 125
126[*](7) The site work required by the approved plan be accomplished prior to the issuance of building permits. 126(e) Headwalls shall be installed during the first grading operation and the entrance way shall be maintained as a gravel surface during all phases of construction, repair or alteration, so as to ensure that the Common Area roadways are clean and clear.
127[*](8) The Developer provide a bond or other appropriate guarantee to ensure the completion of the improvements on his lots and the common improvements such as culverts, etc. 127
128[/LIST] 128(f) The entrance way and any parking pad surface at the ditch line must be at least level or slightly below the adjacent road surface. The grading of the Lot, with the exception of the entrance way, shall be at least two inches below the adjacent road surface at the road ditch line.
129[*]c. The current lot owners must notify any potential purchaser of the possible flood hazard and the development requirements. 129
130[/LIST] 130(g) Parking pads adjacent to the road (culvert parking pads) may be constructed with gravel, asphalt, concrete, stone or pavers. Under no circumstance will a dirt parking pad be approved.
1316. Propane Tanks 131
132In-ground and above ground propane tanks can only be installed in compliance with Stafford County Ordinances. Tank spacing, depth, and set backs from buildings and property lines are dependent upon tank capacity. Check Stafford County Ordinances before submitting requests for tank installation to the ACC. Such requests to the ACC must certify that the tank installation complies with applicable Stafford County Ordinances and must be accompanied by an approved Stafford County Permit by size. Where possible in the interest of safety, it is recommended that the tank be installed as far from the house as practicable. 132(2) Maintenance and Repair Obligations:
133 133
1347. Subdivision of Lots 134(a) All entrance ways, headwalls, culvert pipes, parking pads and ditches shall be the sole maintenance (which includes routine and periodic cleaning, resurfacing, landscaping, weeding and clearing), repair and replacement responsibility of the applicable Lot Owner, at his or her own cost. Such responsibility shall include ensuring proper drainage to and from the applicable Lot and that no negative impact occurs to the Common Areas, including roadways, and/or neighboring Lots arising out of or related to the culvert pipes and ditches. If a Lot Owner fails to comply with these responsibilities and the Common Areas sustain damage, the Lot Owner shall be responsible for paying the costs of any required remedial work to restore the Common Areas to their original condition, or as close as possible thereto.
   135
   136(b) Any approval to install any portion of an entrance way, culvert pipe, headwall, parking pad, or drainage ditch upon any portion of the Common Areas shall be a grant of permission to use the Common Area in favor of the Lot Owner for only this limited purpose and in accord with the terms and conditions of the approval rendered.
   137
   138(c) The Lot Owner shall bear all responsibility for ensuring that water from the Lot, including driveway extensions, shall not drain onto the roadway.
   139
   140(d) The Lot Owner shall bear all responsibility for keeping culvert pipes and ditches serving the Lot clean and open, allowing water runoff to flow uninterrupted and without causing damage to the adjacent roadway.
   141
   142(e) All Lots are subject to a two foot setback with a minimum of four feet of open space between lots for the purpose of permitting adequate distance for clean out equipment and for surface water to enter the drainage pipes.
   143
   144h. [U]Fencing[/U]
   145
   1461. Fences that are limited to that portion of the property behind a line parallel with the front of the house may be of any construction not in excess of six feet in height or as otherwise restricted by Stafford County Codes. All fences shall be constructed face out unless a waiver is granted by the ACC.Exception: Industrial or agricultural fencing that could cause injury to people or animals, such as barbed wire, razor wire, or high‑voltage electric fencing, will not be approved.
   147
   1482. Fences that extend in front of a line parallel with the front of the house must be limited to those of open construction and be of wood, painted ornamental metal, or vinyl and no more than 4 feet high. [U]Open construction is defined herein as a fence which can be sighted through from any angle of view[/U]. It has been determined that vertical board fences, e.g. “picket fences”, do not adequately meet the [U]open construction[/U] requirement defined above. Under no circumstances shall chain link fencing be allowed for installation in front yards.
   149
   150It is the responsibility or the property owner to properly maintain the appearance of the fence through power washing, paint or stain as appropriate. Fencing in disrepair will be referred to the CVO.
   151
   152i. [U]Retaining Walls[/U]
   153
   154
   155(1) Retaining walls along Aquia Creek or dredged channels tributary to Aquia Creek shall be constructed of adequate materials and located along the channel bank within the normal high and low tide limits.
   156
   157(2) Plans for such construction shall be submitted for approval to the ACC before construction begins, together with a permit for the same from the Army Corps of Engineers, the County Wetlands Board, and the Virginia Marine Resources Commission and Department of Environmental Quality.
   158
   159j. [U]Boat Docks[/U]
   160
   161(1) No docks or piers or mooring shall be constructed to extend into the canal or waterway so as to obstruct more than 20 feet of said waterway when a boat is fastened to the pier or dock.
   162
   163(2) A clear channel of at least 30 feet in width with a depth of 4 feet at mean low water level must be maintained for purposes of safe navigation.
   164
   165(3) Shall be constructed in compliance with the regulations of the Army Corps of Engineers governing applications for the issuance of permits for such structures.
   166
   167(4) The property line of the lot must be within the mean high and low tide limits. If the property line falls on AHPOA common area property, permission must be obtained from the AHPOA before constructing a dock.
   168
   169(5) Any piers extending into the navigable waters of Aquia Harbour, will be the floating dock type. The owner will cause to have at the end of the pier and at each 20 foot increment toward the shore, a warning red light visible within 360 degrees. The light(s) will be on from sunset to sunrise and at other times where visibility is less than one-quarter mile when so declared by the local NOAA radio weather station or any Coast Guard marine forecast. This is not applicable to the Aquia Harbour or any other subsequently constructed marina amenity within Aquia Harbour.
   170
   171k. [U]Pools and Water Features[/U]
   172
   173Any above-ground, or in-ground pool, hot tub or water features with water depth greater than 24 inches, placed within Aquia Harbour must be properly safeguarded so as to prevent harm to an individual who might wander into the pool or water feature area. The requirements for pool safety measures are the same as for Stafford County. The county requirements can be obtained from the county courthouse.
   174
   1755. Soil Erosion And Sedimentation Control
   176
   177The topography in Aquia Harbour varies from flood plains contiguous to the Aquia Harbour Creek to area of steep slopes running up to the Aquia Creek watershed divide. This requires activities to conserve existing ground cover and trees. By a Board of Directors resolution passed in December, 1977, all land disturbing activity related to house construction in Aquia Harbour must be done in accordance with the [I]S[/I]tafford County Soil and Erosion and Sedimentation Ordinance. Where significant grading and clearing operations are planned for any house construction, an erosion and sedimentation control plan must be submitted to the ACC as defined in the ordinance: "Land disturbing activity shall mean any land change which may result in soil erosion from water or wind and the involvement of sediments into Stafford County waters or onto land in the County, including, but not limited to, clearing, grading, excavating, transporting, and filling of land."
   178
   179a. Certain Aquia Harbour lots in the low lying portions of Aquia Creek and Austin Run may be subject to flooding.
   180
   181b. The following requirements of Stafford County for developing and building upon lots in the Aquia Harbour floodway area:
   182
   183(1) The Developer build a berm on all lots for which he currently holds title.
   184
   185(2) The berm built by the developer be done in segments which are to be approved by the Community Development Department.
   186
   187(3) The Developer provide fill material for those lots which have already been sold.
   188
   189(4) The Developer notify current lot owners of lot development requirements.
   190
   191
   192(5) The Developer advise all potential buyers of the development requirements prior to sale.
   193
   194
   195(6) The grading plans and compaction certifications be submitted prior to the issuance of building permits.
   196
   197(7) The site work required by the approved plan be accomplished prior to the issuance of building permits.
   198
   199(8) The Developer provide a bond or other appropriate guarantee to ensure the completion of the improvements on his lots and the common improvements such as culverts, etc.
   200
   201c. The current lot owners must notify any potential purchaserof the possible flood hazard and the development requirements.
   202
   203
   2046. Propane Tanks
   205
   206In-ground and above ground propane tanks can only be installed in compliance with Stafford County Ordinances. Tank spacing, depth, and set backs from buildings and property lines are dependent upon tank capacity. Check Stafford County Ordinances before submitting requests for tank installation to the ACC. Such requests to the ACC must certify that the tank installation complies with applicable Stafford County Ordinances and must be accompanied by an approvedStafford County Permit by size. Where possible in the interest of safety, it is recommended that the tank be installed as far from the house as practicable.
   207
   2087. Subdivision of Lots
   209
135Requests for the subdivision of lots for the purpose of constructing more than one house on a lot shall be approved provided such subdivision conforms to the Restrictions and Covenants of the Association and extant Stafford County Ordinances with respect to minimum lot size (width, depth, and density per gross acre). However, pipestem lots are not allowed. A pipestem lot is a lot which does not abut, other than by its driveway which affords access to the lot, Association owned property on which lies a duly platted roadway. 210Requests for the subdivision of lots for the purpose of constructing more than one house on a lot shall be approved provided such subdivision conforms to the Restrictions and Covenants of the Association and extant Stafford County Ordinances with respect to minimum lot size (width, depth, and density per gross acre). However, pipestem lots are not allowed. A pipestem lot is a lot which does not abut, other than by its driveway which affords access to the lot, Association owned property on which lies a duly platted roadway. 
136 211 
1378. Setbacks 2128. Setbacks
138Paragraph 3(c) of the Restrictions and Covenants state that no porch or projection on any part of any building shall extend nearer than forty (40) feet to any private roadway rights-of-way, or nearer than ten (10) feet to the property line of any abutting property owner, nor within fifty (50) feet from the mean high water line of Aquia Creek. Per section 3, subsection c, of the Restrictions and Covenants of the AHPOA, the ACC agrees that steps that do not extend more than 10 feet from the front of a house or porch will not be considered projections for determining setback compliance. 213
139 214Paragraph 3(c) of the Restrictions and Covenants state that no porch or projection on any part of any building shall extend nearer than forty (40) feet to any private roadway rights-of-way, or nearer than ten (10) feet to the property line of any abutting property owner, nor within fifty (50) feet from the mean high water line of Aquia Creek.
1409. Variances 215
141Variances to the above procedures may be granted under special circumstances: examples are exceptions to setback requirements or erecting a fence or shed on AHPOA property. A variance request must be submitted to the ACC. In some cases, signed permission forms may be required from adjacent property owners. 216Per section 3, subsection c, of the Restrictions and Covenants of the AHPOA, the ACC agrees that steps that do not extend more than 10 feet from the front of a house or porch will not be considered projections for determining setback compliance.
   217
   2189. Variances
   219
   220Variances to the above procedures may be granted under special circumstances – such as a safety issue, setback issue or drainage issue. Variances otherwise will normally not be approved.
142 221 
14310. Signs 22210. Signs 
144[LIST] 223
145[*](1) Signs, of any nature, will not be placed within the Aquia Harbour Subdivision without prior approval of the ACC, except as indicated in subparagraphs below. Additionally, sign permits must be obtained from Stafford County, as applicable. A copy of the Stafford County Zoning Ordinance, which contains specific sign permit information, is available for review at the Aquia Harbour Property Owners Association (AHPOA) Office. 224(1) Signs, of any nature, will not be placed within the Aquia Harbour Subdivision without prior approval of the ACC, except as indicated in subparagraphs below. Additionally, sign permits must be obtained from Stafford County, as applicable. A copy of the Stafford County Zoning Ordinance, which contains specific sign permit information, is available for review at the Aquia Harbour Property Owners Association (AHPOA) Office.
146[*](2) In general signs are discouraged in the Aquia Harbour Subdivision; therefore, the type of signs that are allowed shall be very limited. 225
147[*](3) No signs shall be erected or maintained on any lot except: 226(2) In general signs are discouraged in the Aquia Harbour Subdivision; therefore, the type of signs that are allowed shall be very limited.
148[LIST] 227
149[*](a) Such signs as may be required by legal proceedings. (Approval not required). 228
150[*](b) Temporary signs (i.e., two weeks or less) that are designed to advertise community functions within the Aquia Harbour Subdivision; only one sign, not to exceed four square feet in size, and the bottom of which is not higher than two feet from ground level. 229(3) No signs shall be erected or maintained on any lot except:
151[*](c) Such signs used by the real estate industry to advertise the sale of property; only one sign per site, not to exceed four square feet in size, and the bottom of which is not higher than two feet from ground level. 230
152[*](d) During the period of construction of any building or other improvement, one job identification sign per site to include lot number not to exceed four square feet in size and the bottom of which is not higher than two feet from ground level is required. 231
153[*](e) Model home signs are restricted to only one sign for any contractor and shall not: 232
154[LIST] 233(a) Such signs as may be required by legal proceedings. (Approval not required).
155[*]1. Exceed four feet by eight feet in size. 234
156[*]2. Exceed six feet in height from ground level. 235
157[*]3. Be lighted in any way. 236
158[/LIST] 237(b) Temporary signs (i.e., two weeks or less) that are designed to advertise community functions within the Aquia Harbour Subdivision; only one sign, not to exceed four square feet in size, and the bottom of which is not higher than two feet from ground level.
159[/LIST] 238
160[*](4) All signs shall be strategically placed as not to obstruct the view of pedestrian and/or vehicular traffic. 239
161[*](5) All signs must be attractively constructed and maintained to project an attractive appearance. 240(c) Such signs used by the real estate industry to advertise the sale of property; only one sign per site, not to exceed four square feet in size, and the bottom of which is not higher than two feet from ground level.
162[*](6) Request for approval: 241
163[LIST] 242
164[*](a) All applicants are required to complete one copy of the Aquia Harbour "Sign Permission Form." 243(d)During the period of construction of any building or other improvement, one job identification sign per site to include lot number not to exceed four square feet in size and the bottom of which is not higher than two feet from ground level is required.
165[*](b) The Association staff will review the application to ensure that the proposed location, dimensions and content of the sign(s) conforms to Aquia Harbour sign regulations. 244
166[*](c) If the sign(s) meets all the applicable AHPOA regulations, approval will be issued in the form of a stamp for each sign to be erected. In cases where the sign(s) cannot be brought in to the AHPOA office, a label with the appropriate approval stamp will be issued. The stamp will indicate the date of the event and the staff member's initials. This stamp is to be placed on the front of the sign. 245
167[*](d) The application form will be signed and dated by the staff member. A copy will be kept on file, the original given to the Aquia Harbour Police Department and a copy given to the applicant. 246(e) Model home signs are restricted to only one sign for any contractor and shall not:
168[*](e) Signs are to be removed within 24 hours of the event. 247
169[/LIST] 2481. Exceed four feet by eight feet in size.
170[/LIST] 249
17111. Temporary Storage Containers 2502. Exceed six feet in height from ground level.
172Homeowners are required to submit an application to the Architectural Control Committee (ACC) prior to placing a temporary storage container on their property, e.g. PODS/Smart Box. Homeowners will be limited to one temporary storage container on their property at any one time. Homeowners are required to state the dimensions of the temporary storage container, and provide a plat indicating where the container will be placed on the property. If possible, the container should be placed in the rear of the home. Temporary storage containers will be approved for a maximum of 90 days. The committee will entertain an extension if circumstances justify more time. 251
   2523. Be lighted in any way.
   253
   254(4) All signs shall be strategically placed as not to obstruct the view of pedestrian and/or vehicular traffic.
   255
   256
   257(5) All signs must be attractively constructed and maintained to project an attractive appearance.
   258
   259(6) Request for approval:
   260
   261(a) All applicants are required to complete one copy of the Aquia Harbour ‘Sign Permission Form’.
   262
   263(b) The Association staff will review the application to ensure that the proposed location, dimensions and content of the sign(s) conforms to Aquia Harbour sign regulations.
   264
   265(c) If the sign(s) meets all the applicable AHPOA regulations, approval will be issued in the form of a stamp for each sign to be erected. In cases where the sign(s) cannot be brought in to the AHPOA office, a label with the appropriate approval stamp will be issued. The stamp will indicate the date of the event and the staff member’s initials. This stamp is to be placed on the front of the sign.
   266
   267(d) The application form will be signed and dated by the staff member. A copy will be kept on file, the original given to the Aquia Harbour Police Department and a copy given to the applicant.
   268
   269(e) Signs are to be removed within 24 hours of the event.
   270
   27111. Dumpsters and Temporary Storage Containers
   272
   273Homeowners are required to submit an application to the Architectural Control Committee (ACC) prior to placing a dumpster or temporary storage container, e.g. PODS/Smart Box, on their property. Homeowners will be limited to one dumpster or temporary storage container on their property at any one time. Homeowners are required to state the dimensions of the dumpster or temporary storage container, and provide a plat indicating where the dumpster or temporary storage container will be placed on the property. If possible, the dumpster or temporary storage container should be placed in the rear of the home. Dumpsters and temporary storage containers will be approved for a maximum of 90 days. The committee will entertain an extension if circumstances justify more time.
   274
   27512. Free-Standing Carports, and Certain Prefabricated Metal or Plastic Structures
   276
   277The AHPOA Restrictions and Covenants, paragraph 2, (e), state that proposed buildings or other structures not in harmony with the general surroundings will not be approved. For the purpose of these building procedures, prefabricated metal or plastic carports, and any carport not attached to the dwelling (regardless of material), shall be considered to be in this category, and normally will not be approved.