Architectural Guidelines
for Highlands Point

• To protect and promote the value of not only your property but the value of all “Highlands Point” properties; and
• To blend the architectural style of the North Carolina mountains with individual expression reasonably applied, while preserving harmony and compatibility and the aesthetic standards established for the entire Highlands Point community.

Section 1. Architectural Review Committee

The Architectural Review Committee, known as ARC, will consist initially of three representatives of the developer, “Highlands Point Design & Development, LLC; referred to as Declarant. They will evaluate all plans for the original construction, expansions, renovation and restoration of any structure in the “Highlands Point” community.

One ARC member will be designated as the ARC Coordinator. He / She should be contacted directly by owners of “Highlands Point” lots or homes, their architects, builders, landscapers, etc. whenever plans, specifications, samples of building materials and finishes [including paint or stain colors], are ready for review, when construction is ready to commence or for any other reason during the planning and construction phases.

Section 2. Submission of Plans

A written application must be submitted to the ARC prior to the time the ARC is to evaluate any building plans proposed for “Highlands Point”. The application must be accompanied by a check made payable to the “Highlands Point Property Owners Association in the amount of the impact fee appropriate for the structure. The application must be accompanied by two sets of plans and specifications and include all elevations; front, sides and rear; all plans must be stamped and sealed by a registered architect.

The following must accompany all application before they will be considered or approved:

• Two copies of the plan reflecting the location of the proposed structure on the Highlands Point” lot, the location of any existing structure, and the location of trees exceeding 12 inches in diameter for which cutting approval must be given prior to starting construction. The site plan will also reflect the location of all parking, fencing, utility connections, drain fields and landscaping proposed for the site as well as location of silt barriers to be used during construction.
• Color chip for each stain and paint to be applied to the exterior of the proposed structure.
• Sample of the finish roofing finish, wood siding, stone and all other exterior construction materials.
• If already chosen, the name of the owner’s general contractor, phone number and address.
• Sub contractors licensed by the state of North Carolina or lot owner must perform all construction work.

Section 3. Action by ARC

The ARC may accept plans as submitted or reject plans in their entirety or in part, for the purely aesthetic reasons, if they fail to comply with the requirements of these guidelines, if they would cause to be built improvements not in harmony with or not compatible with the character of the “Highlands Point” community or for any other reason which the ARC in its sole discretion shall deem sufficient. The ARC, in its sole discretion, may grant such waivers, as it deems appropriate in order to facilitate the application of these Architectural Guidelines.

Article II
Design Criteria:

Section 1. Size and Setbacks

• Only one [1] single family residence will be permitted on any lot; provided, however, the ARC, in its sole discretion, may permit bonafide guest houses to be constructed on a lot deemed to be of sufficient size and topography. The property shall not be subdivided.
• Any residence constructed on a “Highlands Point” lot must contained no less than 1,700 square feet of heated living space.
• Owners of lots shall be required to install a culvert under their driveways at the intersection thereof with the existing road rights of way. The culvert shall be a minimum of twelve [12] inches.
• Any guesthouse must contain a minimum of 400 and a maximum of 1000 square feet of heated living space. The ARC will approve a guesthouse only when its construction is coincidental with, or subsequent to, the construction of a principal residence.
• No business activity of any nature may be conducted upon the property, including but not limited to the offering of any item for sale, the manufacturing of any item, any repair shop, child care center, rest home or any type business office.
• The maximum size of a residence shall be limited only by setbacks [20 feet on each side, 40 feet on the front and 20 feet on the rear]. Overcrowding of a lot will not be permitted.
• No trailers, mobile homes, tents or any other temporary structure shall be allowed on said lot, except construction office during the original construction of the residence.
• The maximum height of a residence will be two stories of occupied living space provided the second story living space is completely enclosed within the roof system of the home.
  When a steep lot is built upon, a third story may be permitted if it is underneath the main level of the residence.
• A two car attached garage is encouraged, however a two car carport of a design in keeping with that of the residence, and of the same materials as the residence will be permitted but must be constructed at the same time the residence is built. The garage may be located underneath the house.
• The primary roof shape on any structure may not be flat. Roof pitch or slope shall not be less than 5:12 nor greater than 12:12 with the exception of the pitch of any dormer.

Section 2. Exterior Materials and Finishes:

• Foundations shall be of concrete block covered with colored stucco, poured concrete that has been painted or field stone. Painted or stained latticework may be used to face either type of finished concrete foundation.
• Siding may be of wood lapboard, tongue and groove boards, board on board, board on batten, wood shingles, wood shakes or fieldstone. Fieldstone will not cover more than 25% of the exterior of the structure. Stucco is permitted for accent, must not cover more than 10% of the exterior of the structure. Brick veneer, concrete block, T-1-11 plywood and reverse board and batten plywood is prohibited.
• Roofs on all structures must be of split cedar shake, pine shakes, slate, standing seam metal, colored architectural shingles or a synthetic likeness, which must be approved by the ARC prior to construction.
• Flashing, gutters and downspouts must be factory finished in shades compatible with siding and other materials. Copper is permitted. Color samples must accompany all applications. The use of raw aluminum and unpainted galvanized materials is prohibited.
• Windows may be sliding, fixed, double hung, casement and awning type. Skylights are permitted, “Jalousie” type windows are prohibited. The window brand is to be provided in all specifications with color samples of the frames and must accompany all applications. The use of raw aluminum frames is prohibited.
  Brand, style, color samples and specifications of all exterior doors must be provided with the application.
• Decks, railings and balustrade may be of cedar, pine, redwood or cypress. Railings may also be of locust poles, rhododendron and other ornamental materials approved by the North Carolina Building Codes. They may be left in their natural state, painted or stained. Color samples must accompany all applications.
• Chimneys may be of fieldstone, dry stack stone, textured stucco or of other siding materials permitted herein.
• “Highlands Point” is equipped with underground cable to each lot, however with the advent of 18 inch television satellite dishes, the developer has elected to permit the use of 18 inch dishes, provided they are in a discreet location, not visually obtrusive, painted to blend in with the surrounds. The use of other types of satellite dishes and broadcasting and receiving antenna are prohibited.

Section 3. Driveways, Landscaping, Fuel Storage Tanks

Individual site features such as vegetation, streams, ponds, views and rock outcroppings must be recognized and become an integral part of a design scheme. These site features will be identified before, and protected during construction.

While it is recognized that lot owners will want to take advantage of the views afforded by their properties, clearing should be kept to a minimum. Trees should be shaped and not “topped”. No tree over 12 inches in diameter, measured at any point within 4 feet above the ground, excluding those trees which must be removed from the actual construction site, may be removed from any lot without the prior written consent of the ARC. To maintain a natural look, post construction landscaping should include a high percentage of indigenous plant material. Formal lawns are discouraged. No artificial vegetation is permitted in window boxes or planters. When retaining walls are necessary, they should be constructed of natural materials such as rock or crossties. Poured concrete retaining walls are permitted but must be faced with stone or colored stucco covered with some type of planted materials, such as ivy.

Exterior lighting should be of low intensity and shall not spill excessively onto adjoining lots. Placement should coincide with exterior driveways, walkways, landscape areas and trees. Bright flood and spot lights are prohibited.

Driveways must be of paved asphalt for the first 15 feet of their entry onto each lot, after which they may be asphalt, concrete, gravel or other method approved by the ARC. Driveway entry posts, columns and gates must be approved by the ARC and be constructed of wood, fieldstone, stacked stone or crossties.

A standard mailbox will be approved by the ARC and will be permitted on any lot. The ARC must specifically approve the design of signs bearing the owner’s name, address or name given to the property. Licensed real estate companies will be permitted to place one [1] “For Sale” sign on the subject property, as long as such sign is not over three (3) square feet, including attachment. No signs will be permitted on the easements or common property, No other signs, such as contractors will be permitted in the “Highlands Point” community.

Fuel storage tanks, electric generators, trash refuse receptacle must be either buried or screened by landscaping or fencing to the satisfaction of the ARC.

Section 4. Other Deed Restrictions

1. Prior to the start of any construction, the owner’s surveyor must stake out both the footprint of any structure to be constructed and the centerline of the driveway entering the lot. The ARC Coordinator must be notified when this work is completed so that he may approve the locations, setbacks and the removal of any trees.
2. Copies of all building and septic permits must be furnished to the ARC before construction begins.
3. Unless exceptional circumstances are encountered, all construction in “Highlands Point” must be completed within one year. In the event that construction is abandoned for a period in excess of six months, the owner may be required to remove any partially completed structure from his lot and restore the lot to its original condition.
4. No blasting of rock will be permitted in “Highlands Point” without written permission from the ARC and unless proper safety precautions are taken. Blasting must be in accordance with all local and state laws and the lot owner or blasting contractor must provide the ARC proof of adequate insurance.
5. All general and subcontractors must abide by the Builder Restrictions and Regulations hereby adopted by the ARC and “Highlands Point Property Owners Association”.
6. All general and subcontractors must be properly insured, their builder’s liability policies must be in the minimum amount of $500,000 and list “Highlands Point Property Owners Association” and “Highlands Point Design & Development, LLC” as also insured.
7. One set of “AS BUILT” plans must be provided to the ARC upon completion of any structure.
8. It is the property owner’s responsibility to insure that his contractors maintain proper trash and debris receptacles. In the event that the job site becomes unsightly as to mar or cause embarrassment or discomfort to the neighborhood, the developer or “Highlands Point” ARC will notify the property owner in writing and if said nuisance is not cleaned up within 72 hours of delivery of said notice, the developer or Highlands Point ARC shall have the right to enter said lot where such violation exist and remove same, at the expense of the owner of the property upon which the violation exist. Any such entry, abatement or removal shall not be deemed a trespass.
9. No trailer, tent, mobile home, boat or recreational vehicle shall be placed, constructed, used or permitted to remain on any tract at any time; provided however, a recreational vehicle may be parked temporarily upon said lands provided the same is completely shielded from view.
10. No livestock, poultry or other animals shall be kept on said premises except those maintained solely as household pets. Household pets shall be kept inside the residence at night and under such restraints so as not to become a nuisance or a threat to the other property owners, or their property, or to wildlife in the area when outside.
11. It shall be the responsibility of each property owner to prevent the development of any unclean, unsightly, or unkempt condition of any structure or on the ground of his lot or lots, which condition would mar or decrease the beauty of the neighborhood as a whole or of any specific area.
12. No noxious or offensive activity shall be carried on upon the property, nor should anything be done thereon intending to cause or causing embarrassment, discomfort, annoyance or nuisance to the neighborhood or “Highlands Point” as a whole.
13. Exterior clotheslines, if utilized, shall be located in an area not visible from the road or from adjoining residences.
14. The Declarants reserve unto themselves, their successors and assigns, a perpetual, alienable, and releasable easement and right of way on, over and under the ground, to erect, maintain, and use electric and telephone poles, wires, cable, conduits, sewers, water mains and other suitable equipment for the transmission and discharge of electricity, telephone, gas, sewer and other public conveniences or utilities on, in or over 10 feet along the rear of each lot, and 5 feet along each side and front of each lot. Such easements and rights expressly include the right to take any action reasonably necessary to provide economical and safe utility installation, and to maintain reasonable standards of health, safety and appearance. By reservation of said easements, the Declarants in no way obligate themselves, their heirs or assigns, to provide any utility service to any lot.
15. Each track is made subject to the easements for the private streets or roads, and other rights of way as are shown on the recorded plat. Declarants, as developer, will construct said roadway system and will improve the same into conditions for all-weather use. Upon completion of the sale of all tracks shown on the recorded plat, the responsibility for performing maintenance and repair work on the road system shall become that of the tract and homeowners, and/or an association or non-profit corporation thereof.
16. Each property owner shall pay to the Declarants, or to their successors and assigns, [including a duly constituted Property Owners Association or non profit corporation formed to that purpose] annually, the pro-rata share attributable to each track, of the cost of maintenance of the roads, streets, entrance, and the general maintenance of the subdivision and other similar common expenses.
17. Should any property owner fail to maintain his individual track in accordance with the restrictions and covenants herein contained, and should such breach continue for a period of thirty [30] days after written notice thereof has been delivered to the property owner, then the Declarants, their successors and assigns, or any other lot owner in the development shall have the right to enter upon said track where such violation exist and summarily abate or remove the same, at the expense of the owner of the property which the violations exists. Any such entry or abatement or removal after notice shall not be deemed a trespass.
18. Each property owner’s proportionate share of the cost of maintenance, upkeep and repair of the road ways, streets, entrance and other similar common expenses, and\or the cost of abatement and removal of any structure or other property or thing in violation of these restrictions, as hereinabove provided, shall have been paid in full. Failure to pay such assessments or charge within thirty [30] days after declaration and notification thereof to the owner, shall constitute grounds for the filing of a Notice of Lien upon the public records of Macon County, North Carolina, which said lien may be enforced as in the case of lien foreclosure under the General Statutes of the State of North Carolina. [Refer to Article IV, Section 6]
19. Each property owner shall be required to become a member of the Property Owners Association, which association shall have as its primary function, the maintenance of the roadways, entrance, gates, wells, pumps, reservoir, water delivery system and common landscaping within the subdivision and easements, and the property owners association shall have the power to assess property owners for such amount, and shall further have the powers, authorities and responsibilities set forth in the by-laws of the association as they presently exist or as they may hereafter from time to time be amended. [Refer to Article IV; Section 2.]
20. Each property owner shall be responsible for repairing any damage to the roads, gates, landscaping and other common areas caused by himself, his guests, his agents or his employees.
21. There shall be no hunting upon the subject property.
22. Invalidation of any of these covenants, conditions, or restrictions by a judgment or order of the court of competent jurisdiction or by the requirements of the state or federal law shall in no wise effect the validity of any provision, and said provisions shall remain in full force and effect.
23. In the event of violations of any of these restrictive covenants, Declarants, the owner of any lot or the Property Owners Association shall have the right to take such legal or equitable action as is necessary to compel, comply, or to terminate or enjoin any such violation.
24. These covenants may be waived, released, altered, or amended by recorded written agreement signed by the owners of a majority of the tracts shown on the recorded plat above referred to.
25. Declarants to furnish a septic tank improvement permit from the Macon County Health Department prior to closing. It is the prospective owner’s responsibility to check with the Macon Health Department or Highlands Point Design & Development, LLC prior to closing as to size and placement of such septic system.
26. Declarant to furnish a (community water system) / a maximum of two homes on property described under exhibit B of the declarations to have domestic water rights off of the system in exchange for easement where wells, pumps, and reservoirs are housed. It is the responsibility of the association to maintain at the site of the wells, pumps, tanks and other equipment necessary and appropriate for the use of the well; together with the right to install and maintain a water pipeline running from the well to each lot. This easement shall be perpetual. No Lot Owner is to connect a permanent exterior watering system to the system. All exterior watering must be done by hand. Owner, at owner’s expense, can drill a well for this purpose; all well housings, pumps and reserve tanks must be in a discreet location, not visually obtrusive, painted to blend in with the surrounds and out of site from neighbors and Common Property.