Architectural Control Guidelines
Architectural Control
The Architectural Control procedures were established to help in maintaining the beauty and feeling of community in Olney Mill. Although the procedures are backed up by the deed covenants and the by laws of the Community Association, their real strength lies in voluntary support and compliance with established guidelines.
Basically, the Architectural Control process deals with visible, external changes to your property, and to the uses to which it is put. The procedures are intended to maintain the property values of all of the members of the association by ensuring that no radical or jarring changes are made for one homeowner's expedience. The procedures are used to prevent one owner from damaging his neighbor's quality of life by building up to the lot line, or by maintaining a junk heap. The procedures are not intended to stifle creativity, or to prevent normal and harmonious use of one's own property. Olney Mill is a pleasant and attractive place to live; the architectural control procedures are part of the reason that this is so.
What are the restrictions? Basically, one house per lot, used for residential purposes (no retail stores, no auto repair lots); no structures built across the front setback lines, or across side lot setback lines unless the adjoining lot has plenty of room; no barns, greenhouses, or excessively large storage sheds; no detached residences; no fences in the front of the house; no goats, poultry, or other livestock. All property must be adequately maintained.
All additions or changes must be submitted for Architectural Control Committee approval.
The restrictions are not onerous. Compare them with the restrictions in other communities, such as Leisure World or Montgomery Village, and you will find that Olney Mill is very relaxed and accommodating. And yet these guidelines have helped maintain the beauty of the development, along with a community spirit that is rare today.
Most of the changes submitted to the Architectural Control Committee are routine. The most common proposals include fences, patios, decks, and carport conversions, and (except where a setback line is concerned) are quickly approved. External maintenance, such as new roofs or siding, or new paint that blends in with the surrounding houses, does not even need approval. Your continued support will help to keep Olney Mill a desirable place to live.
The following pages detail the Architectural Control Guidelines, the procedures for submitting a request, and the deed covenants that form the basis for the Olney Mill Community Association.
The Architectural Control Committee was established by the Board of Directors of the Olney Mill Community Association, Inc., pursuant to the authority granted to the Board by the Declaration of Covenants, Conditions and Restrictions. The function of the Architectural Control Committee is to review all plans required to be submitted pursuant to Article VIII of the Declaration of Covenants to determine if the exterior design and location of the proposed improvement is in harmony with surrounding structures and with the topography of the subdivision.
The Committee does not address itself as to whether your proposed exterior changes are in compliance with Federal, State, County, or City regulations. The Committee does not have the authority to approve your plans if they are in violation of the Covenants imposed upon you in your deed.
If your plans are disapproved by the Architectural Control Committee, you have the right of appeal to the Board of Directors of the Olney Mill Community Association, Inc.
The Committee is directed to notify the Board immediately of requests which have aroused significant neighborhood objections as evidenced by written complaints.
The Committee will act on a neighbor's complaint submitted in writing. The complaint shall explain in detail the nature of any exterior structure of another neighbor, which is in violation of the Covenants, or the deed. The Committee will also act against known violations of the Covenants and Restrictions regardless of written complaints.
Each home site in the Olney Mill Subdivision is subject to two separate sets of covenants and restrictions dealing with exterior changes, additions, and alterations.
- The first set of restrictions is contained in the Deed of Conveyance by Suburban Homes, Inc. (now MCD Enterprises, Inc.) to the homeowner. The Deed Covenants, which deal specifically with exterior additions, changes and alterations, are numbers 1, 4, 10, and 12 of the Deed Covenants listed on pages 33 and 34.
- Restrictions are also imposed upon exterior additions, changes and alterations in the Declaration of Covenants, Conditions and Restrictions; Article VIII, Article IX, and Article XII, Section 1, pages 12 and 13.
When the Committee does not approve plans submitted by an Olney Mill homeowner, a letter of disapproval will be sent to the homeowner. The Board of Directors of the Olney Mill Community Association will also be notified of such disapproval. The homeowner will have the right to appeal the actions of the Architectural Control Committee to the Board of Directors.
If the Architectural Control Committee fails to approve or disapprove plans within thirty (30) days after submission, then approval will not be required by the Committee. This provision does not mean that a proposed change which is in violation of the Deed Covenants will be validated by the failure of the Architectural Control Committee to act. No action by the Architectural Control Committee can change the requirements of the Deed Covenants.
HOW TO SUBMIT A SET OF PLANS
All plans submitted to the Committee must have a property layout as shown in the drawing (Exhibit A) or, preferably, the property owner's plat indicating modifications. All the basic information necessary to review proposed plans such as fences, planters, and driveway extensions can be transmitted by submitting a drawing similar to that shown in Exhibit A and by indicating the approximate location of the addition on the layout.
Since the Committee reviews additions or changes for its architectural value in relationship to surrounding structures, more extensive drawings in addition to the layout shown may be required for structures such as patio enclosures, storage sheds, retaining walls, swimming pools, and balconies. At least, a front and side view or an isometric view is required.
Many people are confused about the difference between the property line and the minimum setback line. Since all county rights of way in Olney Mill are 60 feet wide, a reasonable estimate of the location of the property line can be made by measuring 30 feet from the center of the road. The location of the minimum setback line in relation to the property line depends on the zoning of the lot. In Olney Mill three different zonings are in effect. These three types are RR, RR Cluster, and RE Cluster. The minimum setback line for the RR and RE Cluster zoning is 40 feet measured from the property line; for RR Cluster it is 25 feet. No fences in excess of 24 inches may be constructed in front of these setback lines. For corner lots, setback requirements apply to both the front and the side yards.
One additional "Right of Way" does exist. A strip of land, 10 feet wide, parallel to and inside the property line, is used by the utility companies. These companies have the right to maintain, replace or otherwise work on their equipment. However, after completion of the work, the lot must be restored to its original condition. In light of this right, it seems advisable not to plant trees or any permanent structures within the first 10 feet of your property.
When a homeowner desires to make an exterior modification to this property, an application for architectural approval must be submitted to the Committee in care of:
Architectural Control Committee Olney Mill Community Association, Inc. P.O. Box 217 Olney, Maryland 20830
Only written requests will be accepted. This application will state what the desired change is, the homeowner's address and telephone number, lot and block number, and, as applicable, a description of the nature, color, kind, shape, height, materials, and location of the change or modification. The request will also include a copy of appropriate drawings, specifications, and/or artist's conception which will permit the Architectural Control Committee to judge the acceptability of the proposal. In the case of fence installations, the application will reflect the location of the fence on the property in relation to the dwelling and the front lot line and the side street line.
Requests for architectural approval must be submitted not later than thirty (30) days prior to the time construction or modification is proposed to begin. Applicants will be contacted if additional information or clarification of the proposal is required. In addition, applicants will be provided with the Committee's findings within 30 days of the date of submittal.
If the application is disapproved, the reasons for such disapproval will be transmitted to the homeowner in writing. Initially disapproved plans may be amended and resubmitted for reconsideration.
All homeowners must recognize that the purpose of architectural control is not to restrict or stifle the improvement of one's property. It is, however, necessary to assure that exterior architectural changes are accomplished in the community within a framework that protects all homeowner's property rights and values. Although architectural control is enforceable by law, its success is predicated on the spirit of voluntary cooperation by each and every Olney Mill homeowner who wants to assure that Olney Mill will always be a desirable place to live.
EXHIBIT A
