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Main Body - Historical

Applied By Office: May 11, 2017 at 5:09 PM

Main Body
Old VersionNew Version
13[B]3. Building Fee and Bond[/B] 13[B]3. Building Fee and Bond[/B] 
14Each 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. 14Each 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. 
15 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. 15 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. 
16 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.   16 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.
17 c. Site plans submitted to the ACC will not be approved until the building fee and bond are paid in full. 17 c. Site plans submitted to the ACC will not be approved until the building fee and bond are paid in full. 
18 d. 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. 18 d. 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. 
19 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 [U]will not[/U] be transferable and a new application and building fee will be required. 19 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 [U]will not[/U] be transferable and a new application and building fee will be required. 
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24 a. [U]Landscaping Plan[/U] 24 a. [U]Landscaping Plan[/U] 
25 (1)A landscaping plan in two copies must accompany the Application for Construction Approval. 25 (1)A landscaping plan in two copies must accompany the Application for Construction Approval. 
26(2)The basis for the Landscaping Plan will be the site plan or a reproduction of same and will show: 26(2)The basis for the Landscaping Plan will be the site plan or a reproduction of same and will show: 
27 27
28 (a) Location of the building.  28 (a) Location of the building.
29(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, ConstructionProceduresAquiaHarbour. 29(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, ConstructionProceduresAquiaHarbour. 
30 30
31 (c)Outlined in green ink, those areas where land disturbing activities will not take place. 31 (c)Outlined in green ink, those areas where land disturbing activities will not take place. 
32 (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. 32 (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. 
33 (e)Details onmeasures to be taken to control erosion and/or water flow. The statement “Erosion control as necessary” will not be acceptable. 33 (e)Details onmeasures to be taken to control erosion and/or water flow. The statement “Erosion control as necessary” will not be acceptable. 
... ... 
37 (1) All building exteriors must be completed within six months from the date the construction commences. 37 (1) All building exteriors must be completed within six months from the date the construction commences. 
38 (2)The building period commences when excavation is begun or when building materials are delivered, whichever occurs first. 38 (2)The building period commences when excavation is begun or when building materials are delivered, whichever occurs first. 
39 (3)The building is not considered as being completed by the ACC until final grade and headwalls have been installed. 39 (3)The building is not considered as being completed by the ACC until final grade and headwalls have been installed. 
40 (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.  40 (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.
41 c. [U]Where Building is in Progress[/U] 41 c. [U]Where Building is in Progress[/U] 
42 (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. 42 (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. 
43 (2)Under no condition shall trash and debris be moved from one building site to another. 43 (2)Under no condition shall trash and debris be moved from one building site to another. 
44d. [U]Construction Equipment and Vehicles[/U] 44d. [U]Construction Equipment and Vehicles[/U] 
45 (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. 45 (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. 
46 46
47 (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. 47 (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. 
48 (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. 48 (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. 
49 e. [U]Space Devoted to Living Purpose[/U] 49 e. [U]Space Devoted to Living Purpose[/U] 
50(1)Space devoted to living purposes shall be: 50(1)Space devoted to living purposes shall be: 
51 (a)Measured on the perimeter of the exterior walls; 51 (a)Measured on the perimeter of the exterior walls; 
52 52
53   (b)Exclusive of roofed porches, terraces, garages, carports, and other outside buildings and unfinished basements. 53   (b)Exclusive of roofed porches, terraces, garages, carports, and other outside buildings and unfinished basements. 
54 (2)Ranch or One Story House 54 (2)Ranch or One Story House 
55 A minimum of 1,200 square feet of living space 55 A minimum of 1,200 square feet of living space 
... ... 
74(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. 74(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. 
75 h. [U]Fencing[/U] 75 h. [U]Fencing[/U] 
761. 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. 761. 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. 
772. 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. 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. 772. 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. It 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.
78   
79 It 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.   
80i. [U]Retaining Walls[/U] 78i. [U]Retaining Walls[/U] 
81 (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. 79 (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. 
82 (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. 80 (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. 
... ... 
85 (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. 83 (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. 
86 (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. 84 (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. 
87 (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. 85 (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. 
88 (5)Any piers extending into the navigable waters of AquiaHarbour, 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 AquiaHarbour or any other subsequently constructed marina amenity within AquiaHarbour.  88 (5)Any piers extending into the navigable waters of AquiaHarbour, 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 AquiaHarbour or any other subsequently constructed marina amenity within AquiaHarbour.
89 k. [U]Pools and Water Features[/U] 87 k. [U]Pools and Water Features[/U] 
90 Any 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 StaffordCounty. The county requirements can be obtained from the county courthouse. 88 Any 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 StaffordCounty. The county requirements can be obtained from the county courthouse. 
91[B]5. Soil Erosion And Sedimentation Control[/B] 89[B]5. Soil Erosion And Sedimentation Control[/B] 
92The topography in AquiaHarbour 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 AquiaHarbour 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."  92The topography in AquiaHarbour 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 AquiaHarbour 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."
93 93
94 a. Certain Aquia Harbour lots in the low lying portions of Aquia Creek and Austin Run may be subject to flooding. 92 a. Certain Aquia Harbour lots in the low lying portions of Aquia Creek and Austin Run may be subject to flooding. 
95 b. The following requirements of Stafford County for developing and building upon lots in the Aquia Harbour floodway area: 93 b. The following requirements of Stafford County for developing and building upon lots in the Aquia Harbour floodway area: 
96 (1)The Developer build a berm on all lots for which he currently holds title. 94 (1)The Developer build a berm on all lots for which he currently holds title. 
... ... 
98 (3)The Developer provide fill material for those lots which have already been sold. 96 (3)The Developer provide fill material for those lots which have already been sold. 
99 (4)The Developer notify current lot owners of lot development requirements. 97 (4)The Developer notify current lot owners of lot development requirements. 
100   (5)The Developer advise all potential buyers of the development requirements prior to sale. 98   (5)The Developer advise all potential buyers of the development requirements prior to sale. 
101 (6)The grading plans and compaction certifications be submitted prior to the issuance of building permits.  101 (6)The grading plans and compaction certifications be submitted prior to the issuance of building permits.
102 102
103 (7)The site work required by the approved plan be accomplished prior to the issuance of building permits. 101 (7)The site work required by the approved plan be accomplished prior to the issuance of building permits. 
104 (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. 102 (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. 
105 c. The current lot owners must notify any potential purchaserof the possible flood hazard and the development requirements. 103 c. The current lot owners must notify any potential purchaserof the possible flood hazard and the development requirements. 
... ... 
114Variances 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. 112Variances 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. 
115[B]10. Signs[/B] 113[B]10. Signs[/B] 
116 (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 StaffordCounty, 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. 114 (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 StaffordCounty, 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. 
117 (2)In general signs are discouraged in the Aquia Harbour Subdivision; therefore, the type of signs that are allowed shall be very limited.  117 (2)In general signs are discouraged in the Aquia Harbour Subdivision; therefore, the type of signs that are allowed shall be very limited.
118 (3)No signs shall be erected or maintained on any lot except: 116 (3)No signs shall be erected or maintained on any lot except: 
119 (a)Such signs as may be required by legal proceedings. (Approval not required). 117 (a)Such signs as may be required by legal proceedings. (Approval not required). 
120 (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. 118 (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.