DESIGN GUIDELINES
ALL CHANGES to the exterior of any home or the landscape of any lot MUST BE APPROVED IN WRITING by the Architectural Review Committee (ARC) or the Community Association Management staff before any work is started.
Each Owner is required to submit plans to and receive written approval from the ARC prior to performing any changes whatsoever to the exterior of their home or lot site. It shall be the responsibility of each Owner to comply with all standards and requirements of these Design Guidelines, as well as all requirements of the Declaration. The Community Declaration for Del Webb BayView shall prevail over any discrepancies found in these Design Guidelines.
First Amendment – Covered Patio/Lanai Rear Elevation Only – 12/21/2021 Second Amendment – Front Screen Door/Entryway and Trees– 07/11/2022 Third Amendment – Front Screen Door/Entryway – 7-20-2022
Fourth Amendment – Florida Friendly – 09/08/2022
Table of Contents
16. Lighting 26
17. Mailboxes 27
18. Outdoor Kitchen 27
19. Paint 28
20. Pergolas 28
21. Pools, Spas, Jacuzzi’s 28
22. Prohibited Structures 29
23. Replacement Roof Shingles 29
24. Satellite Dishes, Antennas, Internet Receivers 29
25. Shutters 30
26. Signs-See also Article XIII, Section 18 of the Declaration 31
27. Storage of Tools, Machinery 31
28. Trash Containers 31
29. Wall Decorations; Wall Fountains 32
30. Retaining Walls 32
31. Water Softeners / Purifier Systems 32
32. Window Coverings 32
33. Window Treatments, Tinting 32
34. Solar Tubes and Panels (Roof Mounted) 32
35. Stone Veneer on Front Elevations 32
D. Modifications to the Landscape-Living Things and Mulch Materials 33
1. Dead or Diseased Landscape 33
2. Mix of Plantings 33
3. Mulch Materials 33
4. Mulch Materials-Designs 34
5. Permitted Ground Cover 34
6. Plastic Sheeting 34
7. Restrictions on Paved Cover 34
8. Lake or Retention Pond Lots 34
9. Rock Yards 34
10. Florida Friendly 34
11. Shrubs 39
12. Trees 39
13. Turf Grass (Sod) 39
14. Uniformity 39
E. Modifications to the Landscape – Additional Items – Non-Living 39
1. Arbors 39
2. Artifacts 39
3. Birdbaths 40
4. Birds 40
5. Fire Features (Barbeques, Chimneys, Fire Pits, and Fireplaces) 40
6. Flowers – Artificial 41
7. Fountains 41
8. Holiday Decorations 41
9. Planting Pots 42
10. Ponds 42
11. Statues 42
12. Trellises 42
13. Plant Bed Edging 43
EXHIBIT A TURF GRASS REQUIREMENTS 43
APPENDIX A COMMONLY USED ORNAMENTAL LANDSCAPING 44
I. INTRODUCTION
Welcome to Del Webb BayView.
Del Webb BayView is an active adult community designed to respect the visual character of its development and to minimize environmental impacts. The Board has adopted these Design Guidelines to sustain these principles and fulfill the below objectives:
- To preserve and maintain the inherent qualities of the community and individual neighborhoods while allowing for the design and construction of individual homes.
- To advocate the protection and promotion of property values through the establishment of written standards.
- To exercise architectural control within the Community by reviewing improvement modification requests submitted by residents for their property.
The Design Guidelines provide an overall framework to allow the community to develop and progress in an orderly and cohesive manner, implementing planning concepts and philosophy which are required by regulatory agencies and desirable to residents. The Design Guidelines include minimum standards for the design, size, location, style, structure, materials, color, mode of architecture, mode of landscaping and relevant criteria for the construction and modifications of improvements of any nature. They also establish a process for judicious review of proposed new developments and changes within the community.
The Design Guidelines have been prepared by Pulte Home Company, LLC as the developer (hereinafter called the “Declarant”) pursuant to the Community Declaration, as amended, for Del Webb BayView (“Declaration”) recorded in the Public Records Manatee County, Florida. They may be changed and amended to serve the needs of an evolving community pursuant to the procedures set forth in the Declaration and in these Design Guidelines.
The Declarant established the Del Webb BayView Community Association, Inc. (hereinafter called the “Association”) and established the Architectural Review Committee (ARC) which is authorized to oversee administration of these Design Guidelines. Adherence to the standards contained in these Design Guidelines will contribute to the continuation of the inherent and natural attributes of the community as a highly desirable place to live.
A. Authority
The Developer shall have the exclusive authority to administer and enforce architectural controls and to review and act upon all applications for original construction within Del Webb BayView. There shall be no surrender of this right except in a written instrument in recordable form executed by the Developer.
Please be reminded that the Design Guidelines serve only as a supplement to the Community Association Governing Documents.
To the extent that any government ordinance, building code, or regulation requires a more restrictive standard than that found in these Design Guidelines or the Declaration, the government ordinance, building code, or regulation shall prevail.
To the extent that the government ordinance, building code, or regulation is less restrictive than these Design Guidelines or the Declaration, then the Declaration and Design Guidelines shall prevail.
B. County Requirements
Approval by the ARC shall not relieve the Property Owner or Resident of the requirement, if any, to secure necessary permits, authorizations, inspections, etc., required by any governmental body or organization BEFORE beginning work on a project. Owners are advised that Manatee County, as applicable, may require certain permits depending on the proposed change, alteration, or addition. It is the Owner’s responsibility to comply with permit requirements.
Further, by approving an application, neither the ARC nor the Association, is guaranteeing or taking a position with regard to the appropriateness, completeness, sufficiency, format, or any other standard regarding the acceptability of any filing made with a governmental body or organization.
If that agency requires modification to such plans, such modifications must also be approved by the ARC for the Owner to remain in compliance with these Design Guidelines.
Before planning any modifications to your home or landscaping requiring approvals under these Design Guidelines, we encourage you to consult with the appropriate governmental agency to determine the applicable governmental requirements.
C. Required Approvals
As described in the Declaration and/or the Design Guidelines, an Owner is required to submit an application to the Architectural Review Committee hereinafter referred (ARC) and receive written approval of plans before making any changes to their home, including, but not limited to:
- Making external changes or improvements.
- Modifying or adding to existing structure (including any exterior painting).
- Installing a pool or spa or other water features.
- Constructing or installing fences, decks, patios, or hardscape such as paving, walls, brick, masonry, landscape timbers, wood trim, concrete, rocks, flagstone, permanent outdoor barbecues, fireplaces, fountains, or other water features or any inert material.
- Landscape, alteration of grading or drainage.
- Placement of any object, including furniture, ornament, monument, statue, or similar accessory upon a lot that is visible from the street or by neighbors, including lighting, flags, satellite dishes, or lawn ornaments.
It is the responsibility of each Owner to comply with all requirements of these Design Guidelines in addition to the Declaration and any applicable Supplemental Declarations.
D. Installation without Proper Approval
Each application must be submitted to the Architectural Review Committee for approval prior to commencing any work. Samples of proposed materials should be submitted to the Architectural Review Committee for approval along with the application. Each application must have a sketch rendering the final appearance, including existing and new modification after the modification has been completed if requested by the ARC. Modifications made prior to issuance of the Architectural Review Committee’s written approval will not receive automatic approval and Owners will be required to remove the modification if it is not within the specified guidelines. A time limit for correction will be established by the Architectural Review Committee on a case- by-case basis.
E. Warranty Effect
Neither the Del Webb BayView Community Association nor the Architectural Review Committee makes any representation regarding the effect that any modification application has on the home warranty provided by Pulte Home Company, LLC to the homeowner. Both the Del Webb BayView Community Association and the Architectural Review Committee advise the homeowner to contact their Customer Relations Manager to determine whether their requested modification(s) may have an adverse effect on their home warranty.
II. ARCHITECTURAL REVIEW COMMITTEE AND RESIDENTIAL PROPERTY OWNER REQUIREMENTS
The Architectural Review Committee has been established to maintain the integrity of the architectural and design character established by the Board of Directors at Del Webb BayView, and the board shall have the exclusive authority to appoint and remove all members of the Architectural Review Committee.
A. Residential Property Owners
Each Owner is required to submit plans to and receive written approval from the Architectural Review Committee prior to performing any changes whatsoever to the exterior of their home or lot. It shall be the responsibility of each Owner to comply with all standards and requirements of these Design Guidelines, as well as all requirements of the Declaration.
B. Request for Structural Changes and Additions
All applications submitted for additions, alterations, or modifications regarding the exterior of any existing home, whether it be landscape related or structure related, must be accompanied by a copy of the Contractor’s License and Liability Insurance,
The Owner shall submit a completed Exterior Architectural Review form and plans for the proposed improvement as follows:
1. Request for Landscape Changes
For landscape changes, Owners shall submit a copy of the plan(s), which should include the following items:
- The Owners name, section name and number, lot number, street address, name, address and phone number of the landscape designer/company and a copy of their business license and insurance.
- A plot plan showing north arrow, scale of drawing, existing site features with labels, trees (size and type), shrubs, lot lines, all adjacent land uses, i.e., common area, boulevard, and edge of streets.
- Show proposed site features with labels and/or legend for home, service area(s), including but not limited to deck(s), patio(s), walk(s) and drive including any additional hardscape that Owner desires, such as brick, masonry, landscape timbers, wood edging, concrete, rocks, or other inert materials.
- Provide a plant list with the following information: Plant key for any abbreviations used, scientific and/or common names including the varieties, quantity, size and spacing.
- Proposed plant list including locations of proposed trees, shrubs, ground covers, mulching and grassing (all clearly labeled). Indicate center of proposed plant with a “+” and the center of an existing plant with an “o”.
- Amendments to a previously approved plan should clearly indicate existing plantings to be removed, as well as the proposed replacements or additions.
- List specifically on the Architectural Review form any non-living additions to landscape plans, i.e., bird bath, statue, etc., showing size, materials, colors, etc.
- An estimated timeframe for completion of the landscaping changes and, if applicable, a description of the estimated completion time/date for each phase of the work to be done.
2. Structural Changes
For changes or additions to the home, Owner shall submit:
- The Owners name, section name and number, lot number, street address, name, address and phone number of the contractor and a copy of their business license and insurance.
- A plot or survey plan showing north arrow, scale of drawing, existing site features with labels, lot lines, all adjacent land uses, i.e., common area, boulevard, and edge of streets.
- An estimated completion date and schedule.
- Owner or contractor shall draw the proposed changes or additions to the exterior elevation. If Owner has a photograph of another house, or picture out of a magazine that will assist the Architectural Review Committee, such photo should be submitted.
- The application should contain a description of the materials Owner plans to use in such changes or additions. Samples should also be submitted.
- If the change or addition affects the roof or roofline, a roof plan should also be submitted. See Section III. A. 6, “Roof and Roof Pitch / Slope”.
Any permit issued, or approval by the appropriate county agency shall in no manner whatsoever bind the Architectural Review Committee with respect to approval or denial of any application or items submitted for consideration. The Architectural Review Committee shall be fully independent and will have full authority for approval or denial of any such matters.
C. Architectural Review Committee Review Process
The Architectural Review Committee shall review such submittals without a hearing and based solely on the information contained within each submittal. The Architectural Review Committee shall respond within forty-five (45) days or the application shall be deemed disapproved.
Upon completion of review by the Architectural Review Committee, the Architectural Review Committee’s decision shall be rendered in writing in one of the following three forms:
- “Approved” – The entire document submitted is approved in total
- “Approved with Conditions Noted Below” – The document submitted is partially approved. An Owner may proceed with the work to be performed and is responsible for compliance with any and all notations on the submittal.
- “Not Approved” – The entire document submitted is not approved and no work may commence.
An appeal must be made to the Architectural Review Committee. It is recommended that the Owner appear before the Architectural Review Committee at the time of the appeal.
If the requested modification is again “Not Approved” by the Architectural Review Committee, the Owner may submit an appeal in writing to the Association’s Board of Directors within thirty
(30) days of the final decision of the Architectural Review Committee. The decision of the Board of Directors shall be final on all matters submitted to it.
III. RESIDENTIAL DESIGN GUIDELINES
NOTE: ALL CHANGES to the exterior of any home or the landscape of any lot MUST BE APPROVED IN WRITING by the Architectural Review Committee before any work is started. Any changes to any home, whether or not subject to approval hereunder, may change, impact or void home warranties granted to Owners. Any approvals granted hereunder may not consider the impact of proposed changes on existing warranties and shall not be deemed to conform to any existing warranties benefiting Owners.
Each Owner is required to submit plans to and receive written approval from the Architectural Review Committee prior to performing any changes whatsoever to the exterior of their home or lot site. It shall be the responsibility of each Owner to comply with all standards and requirements of these Design Guidelines, as well as all requirements of the Declaration.
All approved modifications shall be commenced and completed within one (1) year of approval. If modifications are not completed within the one (1) year time frame, Owner will have to reapply under the then current Design Guidelines. All approved modifications shall proceed to completion once commenced and the failure of any Owner to complete any approved modifications within the timeframe for their completion, as approved by the Architectural Review Committee, shall result in the automatic disapproval of the proposed completions. Once any approved modifications have become disapproved as a result of an Owner’s failure to complete the modifications within the approved timeframe, the Owner shall be required to resubmit and obtain approval of its planned modifications to the Architectural Review Committee in accordance with the procedures set forth herein and in the Declaration before any additional work may proceed.
· ARC Inspections:
Periodic inspections may be made (but shall not be required to be made) by a representative of the ARC during or after completion of the modifications to determine compliance with the application submitted for the project, Design Documents, and the Design Guidelines. Residents are required to provide reasonable access, be present upon
request, and cooperate fully with members of the ARC and its representatives. Residents are obligated to take remedial action as may be required by the Association to bring violations into compliance.
· Damage to Community Improvements:
Residents shall be responsible for the cost and repair or replacement of any improvements in the Common Areas or neighboring properties that are damaged or destroyed by Resident, or Resident’s agent(s), employees, contractors, subcontractors, or suppliers. Owners are responsible for the cost and expense for any repairs or replacement that may be required to restore improvements to their original condition. Affected improvements include, but are not limited to, damage to utilities, infrastructure, trees and other landscaping, drainage improvements and facilities, erosion control devices, vertical improvements, streetlights, signage, rights-of-way, sidewalks, curbs, and roadways. In the event the Resident fails to complete necessary repairs within the timeframe determined by the Association, the Association shall have the right, but not the obligation, to affect such repairs at the Resident’s cost and expense.
A. Villas.
1. Modifications
Any modification must comply with all requirements contained within this document and must be approved by the ARC prior to the commencement of work.
a. Exterior Modifications
- Birdcage or Pergola – A birdcage or pergola may be added to an existing patio or to a newly installed paver patio. See sections III.B.6. and
III.B.22. for design specifications and installation requirements.
- Patios – Concrete or paver patios are allowed upon ARC approval. Any modifications required to the irrigation system in order to accommodate a concrete or paver patio must be done, at the homeowner’s expense, by the HOA’s landscaping company. Any such irrigation changes will be maintained and warranted by the HOA.
Patio wall enclosures are not allowed.
- Seating – No seating areas are allowed in the front space between connected villa homes.
- Swimming Pools are prohibited.
b. Landscape Modifications
- Non-Living Thing Changes
- Plant Bed Edging – Plant bed edging may be added to existing beds only. See section III.D.13. for design specifications and installation requirements.
- Planting Pots – Planting pots are limited to six (6) total pots with three (3) pots in the front of the home and (3) pots in the rear of the home. See section III.D.9. for additional requirements. Pots must be place so that they do not impact the operation of the irrigation system or the performance of yard maintenance. The homeowner is responsible for maintaining any potted plants.
- Living Thing Changes
Villa homeowners may at their expense upgrade their landscaping under the following conditions:
- Homeowners are limited to the quantities and plant types as detailed in Appendix
- The maximum quantities shown in Appendix D are the maximum number that can be installed in a yard including any already installed.
- Requests for upgrades must be approved by the ARC prior to the commencement of work.
All upgrades to landscaping shall be maintained by the homeowner, not the HOA.
B. Modifications to the Structure
1. Homes
The architectural design of any and all additions, alterations, repainting and renovations to the exterior of any home shall strictly conform to the design of the original home in style, detailing, materials, and color. There will be no structural additions permitted to the front of any home extending beyond the original front line of the home.
2. Height
The height of any addition to an existing home shall not be higher than the original roofline.
3. Setback Lines
An addition to a home shall be built within the front, side and rear setback lines originally established, or as changed by the Declarant with the requisite approval of Manatee County, as applicable, regardless of more lenient requirements of any local governmental authority.
4. Allowed Materials
All materials used in maintenance, repair, additions, and alterations shall match those used in the original construction of the home as to color, composition, type and method of attachment. The Architectural Review Committee may allow substitute materials if it deems such materials to be compatible with the theme of the community.
5. Lot Drainage / Roof Drainage
When any additions, alterations, or renovations are performed to a home, the established lot drainage shall not be altered.
No Owner or Resident shall alter the natural drainage on any lot to increase materially the drainage of storm water onto adjacent property without the consent of the Owner(s) of the affected property and the Architectural Review Committee. All new or altered roofs shall drain to the ground solely within the deeded lot area. No drainage shall flow directly onto a neighboring property.
6. Roof and Roof Pitch / Slope
No alterations or improvements shall be made which provide an essentially flat or shed- type roof surface. The roof slope of any hard / shingled roof shall be consistent (same pitch / slope) with the existing rooflines and be tied into the existing roof structure. Any roof additions must have the appearance of being part of the original structure.
A request for any hard roof addition must be accompanied by photocopies of the architectural drawings and written specifications that will be submitted to the County.
7. Covered Patio/Lanai Rear Elevation Only
Owners with a covered patio or lanai may later enclose the same with standard charcoal color screen (not to be confused with solar screen) or a combination of windows and standard charcoal color screen. Covered Patio/Lanai must be located along the rear elevation of the home. Any renovation of a covered patio to a screened patio or lanai (or a window/screen combination) shall be made only after application to, and written approval by, the Architectural Review Committee.
When enclosing a covered patio with an existing roof, a knee wall may be added. The knee wall may be no more than twenty-four inches (24”) high and may be constructed of wood frame or concrete block covered with stucco to match the original structure of the home, or bronze to match the metal framing.
8. Front Screen Door/Entryway
Front screen doors may be added to the front doors of homes with ARC
approval. Front door screens are permitted in lieu of a storm door and must follow the same guidelines as such. The screen door must be simple and not have any decorative designs depicting any flora, fauna or human figures. Front entryways located on the home’s front elevation, and which are directly in front of the door may be screened with ARC approval. Contour- Front door only. Hallmark- Front door only. Mystique- Screen must be installed on the inner most portion of the archway closest to the door. The stucco archway must be visible from the street. Mainstay- Screen must be installed no more than 4 feet from the front door within the breezeway. Stardom- Screen must be installed on the inner most portion of the archway closest to the door. Renown- Screen must installed within the first 10’ of the breezeway. Stellar- Screen must be installed on the inner most portion of the archway closest to the door. The stucco archway must be visible from the street.
Compass – Screen must be installed on the inner most portion behind the column. The stucco archway must be visible from the street. Ellenwood- Screen must be installed on the inner most portion of the archway closest to the door. The stucco archway must be visible from the street. Screening must not go past column. Design Studio- Screen must be installed on the inner most portion of the archway closest to the door. The stucco archway must be visible from the street. Screening must not go past column. Prestige- Screen must be installed on the inner most portion of the archway closest to the door. Prosperity- Screen must be installed on the inner most portion of the archway closest to the door. The stucco archway must be visible from the street.
All home models must have front entryways screening material charcoal in color and the frame must be bronze.
All applications must include pictures of the proposed door.
Mystique- Screen must be installed on the inner most portion of the archway closest to the door. The stucco archway must be visible from the street.
Mainstay- Screen must be installed no more than 4 feet from the front door within the
breezeway.
Stellar- Screen must be installed on the inner most portion of the archway closest to the door. The stucco archway must be visible from the street.
Compass – Screen must be installed on the inner most portion behind the column. The stucco
archway must be visible from the street.
Ellenwood- Screen must be installed on the inner most portion of the archway closest to the door. The stucco archway must be visible from the street. Screening must not go past column. Design Studio- Screen must be installed on the inner most portion of the archway closest to the door. The stucco archway must be visible from the street. Screening must not go past column.
Prestige- Screen must be installed on the inner most portion of the archway closest to the door.
Prosperity- Screen must be installed on the inner most portion of the archway closest to the door.
The stucco archway must be visible from the street.
Renown- Screen must be installed on the inner most portion of the archway closest to the door.
Contour- Front door only.
Hallmark- Front door only.
9. Exterior Balconies
Homes shall only be permitted to include exterior balconies on the ground floor. No second story or higher balconies shall be permitted.
C. Modifications to the Exterior of the Home
1. Air-Conditioning Units
No Owner shall construct, erect, or place on their lot any window air conditioning unit.
2. Ground-Mounted Mechanical Equipment
All ground-mounted mechanical equipment (including, but not limited to HVAC, pool pumps and pool heaters) added after closing requires ARC approval. Proposed location must be indicated on the lot survey when the application is submitted for consideration. The location of ground-mounted mechanical equipment may not create an unreasonable visual or audible nuisance to neighbors and must be screened from view.
Screening for ground-mounted mechanical equipment shall be of a material and color compatible with the design of the residence and must screen the equipment at the time of installation. All screens, whether landscape structures or plant materials, shall allow a minimum of two feet (2’) clearance from the equipment to allow for adequate air circulation around the equipment. Fence panels are not considered to be acceptable screening for ground-mounted mechanical equipment unless the panels are screened by plantings from view from the street or side of the house.
If it is determined that the use, presence, and noise of the ground-mounted mechanical equipment unreasonably affects the use of surrounding properties, then the ARC may impose additional restrictions (even if the ARC already approved the installation or if the project is completed).
Roof-mounted equipment, including mechanical, air conditioning and heating equipment, will not be allowed except as mandated by Florida Statutes.
3. Awnings
Motorized, retractable awnings are allowed on the rear of the home to cover a patio. Manual awnings are not allowed. All awnings must have ARC approval prior to installation. The awning must be a solid color that accents the current color of the home and must include a wireless automatic wind sensor. All applications must include pictures of the proposed awning and photographs of the rear of the home where the awning will be installed. All awnings must be kept closed when not in use.
4. Barbecues
Barbecue equipment must be placed in the rear of the home. If the stored barbeque equipment is easily visible from a street that passes either the front or side of a home, then additional landscaping is required so that the equipment cannot be seen.
5. Building Attachments, Birdcages, Pool Enclosures
Birdcage (full screen enclosure over concrete pad) additions shall be allowed. Birdcages must be constructed of bronze metal framing with standard charcoal color screen (not to be confused with solar screen). Bird cages shall not extend beyond the sides of the home. Bird cages shall not be higher than the roof the home.
All birdcage additions must be constructed on poured concrete and be anchored in accordance with county building guidelines. A birdcage structure may have an aluminum kick plate that matches the color of the birdcage/enclosure frame.
The roof style of the birdcage should complement the roof style of the home. The following materials can be used for the roof of the birdcage:
- Standard charcoal color screen
- Florida glass screen
- Insulated or corrugated solid roof surface.
For screened roofs: Mansard, Gable, and Hip rooftops meet the community standards. Any style of screened roof that is installed by the Developer/Builder is also acceptable.
A solid surface roof extending from the home shall also be permitted in lieu of a screened roof. The roofing material can be insulated/composite (aluminum with a 3” insulated panel in between, bronze in color to match the birdcage frame). If the roof does not match the birdcage frame, it can be screened from view and hidden under a screened roof.
Additionally, the solid surface roof can be constructed to extend from the home if a homeowner is extending their lanai and it is tied into the existing roof and the shingles match to provide a seamless look. No solid aluminum or pan roofs shall be permitted.
If a birdcage is installed and the home doesn’t have a fence, an approved mulch or rock border will be required around the perimeter of the birdcage where the birdcage meets sod. This border will be at the expense of the homeowner and will be maintained at the expense of the homeowner.
6. Clotheslines
No resident shall place, erect, install, or construct a Clothesline System on any lot without submitting plans to and receiving written approval from the ARC.
- As herein used, the term Clothesline Systems shall include the following outdoor systems:
- Pole-to-pole clotheslines
- Fixed head rotary clotheslines
- Folding rotary clotheslines
- Retractable clotheslines
- Wall mounted drying racks
- Fold down drying racks
- Window mountable clothing drying racks
- Other systems designed for the outdoor drying of clothes
- The purpose of this Subsection is to support the use of renewable energy sources while protecting the aesthetics of the community and ensuring the health and safety of the community in the event of a hurricane or other windstorm. Pursuant to Section 163.04, Florida Statutes, the ARC shall not prohibit homeowners from installing a Clothesline System; however, the ARC may oversee the location, size, and installation of the Clothesline System, so long as its oversight does not have the effect of prohibiting the Clothesline System.
- Installation Requirements
- All materials shall meet or exceed applicable building codes in effect at the time of installation.
- To the extent possible, without materially affecting system operation, exterior Clothesline Systems shall be located in the rear yard of the home at least ten
(10) feet from any lot line. If possible, the exterior Clothesline Systems must be positioned so they are not visible from the street.
- No exterior Clothesline System shall be permanently installed in a setback area.
- No exterior Clothesline System shall be attached to trees, perimeter walls, fencing or any other object not specifically designed for use as part of a Clothesline System.
- Prior to digging, the Resident shall ensure compliance with F.S. Chapter 556, Underground Facility Damage Prevention and Safety.
- Ground mounted supports MUST be installed using removable supports, such as the removable support shown in Diagram A, below. Supports MUST be removed and stored out of sight when not in use.
NOTE: Set support to the depth recommended in manufacturers installation instructions.
- Use. No items are permitted to remain on a Clothesline System overnight. Items being dried must be removed by dusk.
7. Door Ornaments
One wreath, or similar sized object, per front entry door is allowed, excluding holiday ornamentation. (See also D-8, Holiday decorations.)
8. Driveways, Sidewalk, Entry and Patio
A colored entry or patio using stain, textured coatings or pavers requires approval. The color(s) must complement the color of the home. The proposed colors(s) for the patio or entry of the home must be with the application submitted to the Architectural Review Committee. The sealing of driveway pavers requires ARC approval as well.
Changes to width of a driveway or sidewalk will be considered on a case-by-case basis.
9. Flags and Flagpoles
- Each resident may display in a respectful manner one portable, removable United States flag or official flag of the State of Florida and one portable, removable official flag, not larger than 4 ½ feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag on residential property that such resident has a separate ownership interest or a right to exclusive possession or use.
- Flagpole (freestanding) – Each resident may erect one permanent or telescoping stand-alone standard metal flagpole that is no more than 20 feet high. The flagpole may not be installed within or upon any easement, nor installed any closer than 10 feet from the back of curb, or within 10 feet of any lot line. The flagpole cannot obstruct sightlines at any intersections. The resident may further display from the flagpole, one official United States flag, not larger than 4 ½ feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. Any such flagpole shall be on residential property that such resident has a separate ownership interest or a right to exclusive possession or use.
Flagpole (wall mount) – On residential property that such resident has a separate ownership interest or a right to exclusive possession or use, each resident may erect one flagpole made of aluminum, fiberglass, metal or wood. No Flag may extend so that the end protrudes more than 6 feet from the exterior wall of the dwelling to which it is attached. The below chart includes acceptable (wall mount) flagpole lengths and flag sizes. Wall mount flag poles may only be attached to the dwelling and may be attached to hang horizontally or at an angle from the dwelling.
Flagpole | Flag Size |
Five Foot (5’) | Two and One-Half Feet x Four Feet (2 ½’ x 4’) |
Six Foot (6’) | Three Feet x Five Feet (3’ x 5’) |
If the wall mount flagpole is not illuminated, then ARC approval prior to installation is not required. If a resident however seeks to illuminate the wall mount flagpole, then ARC approval is required prior to installation.
- Banner or Garden Flagpole (freestanding) – On residential property that such resident has a separate ownership interest or a right to exclusive possession or use, each resident may install one freestanding banner or garden flagpole that must be
installed within a plant bed. If a resident wishes to display a flag other than the flags listed in B. 9(a) of these Design Guidelines, then it may be displayed on this style flagpole only. This type of display does not require ARC approval prior to installation.
- Banner or Garden Flagpole (wall mounted) – On residential property that such resident has a separate ownership interest or a right to exclusive possession or use, each resident may install one wall mounted banner or garden flagpole. If a resident wishes to display a flag other than the flags listed in B. 9(a) of these Design Guidelines, then it may be also displayed on this style flagpole. This type of display does not require ARC approval prior to installation.
- Any flagpole installed in accordance with these Design Guidelines is subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and location criteria contained in the governing documents.
- Residents may only install flag poles and/or display flags on residential property that which such resident has a separate ownership interest or a right to exclusive possession or use.
- Residents must follow the United States Flag Code when displaying the United States Flag. If a United States Flag is flown after dark, it must be illuminated. When the flag is displayed against a wall vertically or horizontally, its union (stars) should be at the top, to the flag's own right, and to the observer's left.
- All displayed flags must be maintained in good condition. The display of a flag not specifically identified in section B. 9(a) above, may only be displayed as a freestanding banner or on a garden flagpole and is subject to the right of the Association or Developer to require removal of a flag that it determines draws excessive attention or traffic and/or lacking in good taste, and/or in contradiction to these guidelines.
- Banner Style – a resident may also display banner style a flag listed in Section
B. 9(a) of these Design Guidelines. This type of display does not require ARC approval prior to installation.
- The following information must be included with the application: flagpole size and material, intended flagpole location (noted on a photo or rendering of the elevation), type of flag and flag size. If the plan includes illumination, then the application must also include the illumination plan.
10. Front Doors
Door inserts shall be subject to ARC application and approval. Applications for inserts with nature scenes, including animals, fauna and the like, inserts depicting any particular image, or inserts with lettering or wording will not be approved. Inserts with non-
descriptive abstract or geometric patterns will be permitted. Colored glass inserts are prohibited. Clear, frosted, or textured glass inserts will be permitted. The size of the glass insert may be either ¾ or full (examples are shown below). The width of the glass insert shall be no less than 50% of the entire door’s width. The design of the glass insert is not limited to the designs shown. A copy of the exact glass design to be installed must be included with the ARC application. The door frame shall match the color design of the home.
Glass storm doors are permitted. The frame must match the home’s door frame and the glass can be a single or double panel exclusive of decoration. The single or double panel shall be considered a full door panel. Please see below pictures as an example showing a double panel. The glass panels may be opened to allow for a screen. The width of the glass panel shall be comparable to the picture below. Applications must be made to the ARC and should include a catalogue cut.
Fences are permitted if a swimming pool is constructed.
All fences require Architectural Review Committee Approval prior to installation.
The only allowable type of fence is black aluminum. No wooden or chain link fences are permitted. Fences shall not be installed flush to the ground so that drainage will be blocked in any way. Due to the CDD’s maintenance requirements and responsibilities, the installation of fences within a drainage easement may not be approved by the ARC. However, in the event a fence is installed within a drainage easement area, with prior written ARC approval, the Owner is solely responsible for fence repair or replacement if the drainage easement area needs to be accessed.
The fence shall extend from a point ten (10’) feet behind the front facade of building structure, to the side property line on each side thereafterto, and across therear property line. The bottom portion of any fence shall be no closer to the ground than 3” to allow for proper drainage and lawn maintenance. Only the good side of the fence may face outward. No posts or stringers may be visible from the outside of the fence. A 6” wide mulch border is required on each side of the fence surrounding the entire pool/lanai area.
Fencing on corner lots will require close coordination with the ARC, and fencing may be prohibited or restricted on some lots.
If a resident elects to install a fence, they shall install 4’ black aluminum, open style picket fences. The open spaces between the pickets shall be 3 and 7/8”. Puppy pickets will be allowed if determined they are necessary.
12. Furniture – Outdoor
No foldable or stackable plastic furniture is allowed in the front of the home.
Foldable or stackable plastic furniture may be used in the rear yard only. Furniture is not permitted on the landscaped ground surfaces of any lot (i.e., sodded grass lawn, planted ground cover, or approved mulch materials).
13. Garage Doors
Garage doors must be kept closed except when the garage is in use or when a garage screen is in place. Sliding, electric or manual roll up screens are allowed. Frames, in general, are bronze or white in color depending on the soffit and fascia color. Other frame colors in the black/bronze/brown/white spectrum may be considered if they coordinate with the house color and the garage color or trim. Screen color must coordinate with the frame color.
All applications must include pictures of the proposed garage screen frame design and photographs of the soffit and fascia.
14. Generators
Generators to be utilized during power outages may be installed inside the garage without application. Those located outside the home may be installed in the rear of the home after proper approval and are subject to applicable setback standards and shall be appropriately screened by approved landscaping. Generators may also be located on the side of the home where the gas hookup is. The generator must be adequately shielded from view from the street with landscape material. Generators shall only be allowed on the side- yard if there is enough space to allow for landscape material that doesn’t violate setback requirements, interfere with a drainage swale and/or drainage facility and interfere with landscape/irrigation maintenance of the home. Generators operated by propane are required to bury propane tanks in accordance with applicable setback standards.
15. Lightning Protection Systems
Lightning protection systems are allowed. Systems shall be installed by a certified contractor and in accordance with the following:
- National Fire Protection Assoc. (NFPA) Document #780
- Underwriters’ Laboratories, Inc. (UL) Standard #96A
- Lightning Protection Institute (LPI) Standard #175
All components shall be aluminum, copper, bronze or stainless steel and shall not be installed in locations where corrosion of dissimilar metals may occur. All components must complement the existing color scheme of the home.
All applications for lightning protection systems must include detailed drawings of the proposed installation including photos of the products to be used.
16. Lighting
- Low-voltage light fixtures for low-level landscape and path lighting are allowed. Tree mounted down lights shall be shielded from street and neighbor’s view.
- All lighting installed on a lot should be low level and recessed to shield the source of the light. No lighting shall be permitted that constitutes a nuisance or hazard to any Owner or neighboring property. All architectural lighting must be attached to the Structure and all landscape lighting must not be located within 10′-0″ from the front lot line and 3′-0″ from the side lot line and shall only be located in the plant beds.
- Post lamps are not permitted.
- Holiday lighting and decorations will be permitted so long as the lights and decorations are unobtrusive and do not constitute a nuisance.
- Building mounted light fixtures, including spotlights and floodlights shall conform to the architecture of the home. A maximum of two [2] wall- or eave-mounted spotlights, not exceeding 150 watts per fixture, are permitted only on the rear plane of a Structure, unless otherwise approved by the ARC. Fixtures must be mounted less than 12′-0″ above grade and fitted with a shield to minimize light spillage. Lamps may not be directed at such an angle to cause excessive glare or light spillage which may affect adjoining lots, as determined by the ARC. Wall- and eave mounted spot / flood lights are not permitted in front or side yard areas, unless otherwise approved by the ARC. Any enclosure of a light fixture shall be designed to conceal the lamp (bulb) and direct the light downward.
- Shrubs shall be used to conceal landscape lighting fixtures. Junction boxes shall be placed below grade to minimize daytime visibility of the hardware.
- All landscape fixtures must use low-voltage lamps.
- Yellow “bug” lights may be installed in home-mounted outdoor light fixtures in back yard only.
- The style and color of the housing of any future replacement light fixture(s) must be similar in appearance to the architecture of the community.
- All lighting must be reviewed and approved by the ARC prior to installation.
17. Mailboxes
No mailboxes (including newspaper boxes), other than as installed by Declarant, shall be permitted. The color, size, appearance, and location of the mailboxes installed by Declarant shall not be altered.
18. Outdoor Kitchen
Outdoor kitchens may only be located on a paver or poured concrete surface and must be of a color and design compatible with the architectural theme of the home. Outdoor kitchens must be at least ten feet (10’) from any property lot line and may only be located
in the rear yard. Outdoor kitchens must be compliant with all applicable government codes, including fire and safety requirements.
19. Paint
The exterior of a house may be repainted with the original paint colors after obtaining Architectural Review Committee approval. If a resident desires to paint any part of the exterior of a house a color other than its original paint color, then the Resident must also obtain ARC approval.
Approved exterior color schemes are available for viewing upon request from HOA management. Applicants must choose an established, approved scheme in effect at the time of their application. Changing how colors are used within a scheme is allowed, e.g., the secondary body color could be used for a main body color, but the front door/garage door color may not be used as a body color. Approval of any modifications to a scheme is at the discretion of the ARC.
When considering an exterior color scheme, the ARC will take into consideration the exterior paint color schemes of the surrounding properties. The exterior color scheme of any home may not be painted with the same exterior color scheme as the home on either side or across the street from the subject home. A home shall not have the same floorplan with the same elevation as any home on either side or directly across the street from the subject home.
20. Pergolas
A pergola is an open slat style shade structure, one full side of which must have the appearance of being attached to the rear of the home. The structure must fit underneath the eaves of the roof. Vertical members must be pressure treated wood, redwood, painted, vinyl, or aluminum treated to give the appearance of wood and be set in concrete. Color of the structure must complement the home. No solid roof is permitted on a pergola. A decorative lattice may be used as a cover or side decoration but may extend no more than fourteen inches (14”) down from the top of the pergola frame. The pergola may not exceed the width of the rear of the home.
21. Pools, Spas, Jacuzzi’s
All pools, spas, and Jacuzzis are subject to certain setbacks, must be installed according to applicable governmental ordinances, and will require an approved totally enclosed fence structure or birdcage.
Spas and Jacuzzis may also be installed on lanais if the lanai is enclosed with standard charcoal color screen (not to be confused with solar screen) and/or windows.
Pools and pool decks shall be at least five feet (5’) from the side and rear property lot lines and shall not encroach the side and rear setbacks. Pools and pool decks shall be located behind the home and not extend beyond the sides of the home. The pool must be inside the building restriction line indicated on the property survey. All pools, spas, and Jacuzzis must be reviewed and approved by the ARC. It is the responsibility of the owner to meet the minimum deck requirements as dictated by the Manatee County
building code. Drainage from all pools, spas and Jacuzzis into the common areas, the community’s drainage system, and neighboring properties is not permitted.
Use, presence and noise of a pool, spa or Jacuzzi shall not unreasonably impact the use of surrounding properties. If it’s determined that said use, presence and noise does unreasonably affect the use of surrounding properties, then the Board (at its sole and absolute discretion) may impose additional restrictions (even if the ARC has already approved the installation and after the project is completed) including but not limited to requiring the installation of an additional barrier and/or sound absorptive materials, requiring a reasonable time constraint for use (i.e. may not use during certain nighttime hours), or relocating the equipment. This paragraph pertains to all pools, spas, and Jacuzzis regardless of when they were installed.
See Section B.2 “Ground-Mounted Mechanical Equipment” for equipment installation and screening requirements.
See Section B.5 “Building Attachments, Birdcages” for birdcage requirements. See Section B.11 “Fences” for fence requirements.
22. Prohibited Structures
Pursuant to the Declaration and/or these Design Guidelines, the following structures shall be prohibited from use in Del Webb BayView:
- Dog Houses
- Sheds
- Detached Garages
- Gazebos
- Wells
Notwithstanding the above, Declarant shall be allowed to install any structure(s) necessary for purposes connected with the development of Del Webb BayView and/or as may be described in the Declaration.
23. Replacement Roof Shingles
Roof shingles must be architectural style shingles installed by a licensed contractor in accordance with State of Florida building codes.
24. Satellite Dishes, Internet Receivers and Antennas
No antennae, aerials, or other devices for the transmission or reception of television, radio (including amateur or ham radios), of any kind will be allowed outside a home without prior written approval from the ARC. Please refer to Federal Communications Commission rules regarding what is allowed.
For all installations, please note the following:
- Homeowner must obtain ARC approval prior to any installation.
- ARC applications must include a lot survey showing the location of the dish, internet receiver or antenna.
- Any transmission cable from the dish, internet receiver or antenna to the home must be located underground.
- Any installation directly on the home may void the warranty if improperly installed.
a. Satellite Dishes
Satellite dishes may be no more than one meter in diameter. Satellite dishes may be installed in a foundation planting bed in the rear or no more than 5’ from front corner of home in the side yard, mounted on a pole not to exceed fifty inches (50”) in height, and properly landscaped to minimize visibility from the street and neighboring property. Mounting poles may not be attached to the foundation slab.
In the event an Owner elects to utilize two satellite dishes both dishes must be affixed to the same pole in accordance with these provisions.
Satellite dishes shall be placed no further than five feet (5’) from the home unless reception is impaired and such impaired reception is verified from the service provider that the satellite dish should be placed a distance greater than five feet (5’) from the home in order to receive the best possible reception.
If satellite dishes are easily visible from a street that passes either the front or side of a home, then additional landscaping is required so that the equipment cannot be seen. If the back of the dish is toward the street, then the plants selected for this purpose should have a mature height and width sufficient to hide the entire dish. If the dish must face the street for proper reception, then the plants should hide the pole and as much of the dish as possible, (as well as any angular view that can be hidden) without interfering with reception.
b. Internet Receivers
Internet receivers may be installed for line-of-sight reception and may not be more than 12” above highest point of the home. Receiver may not be more than 8” in diameter for round or 12” tall for rectangular. All receivers must receive ARC approval.
c. Over-the-Air Television Antennas
Antennas designed for the reception of over-the-air television broadcast programming may be installed on the rear roof of the home. Any variation to this will require Board approval. All installation requests must first be submitted to the ARC.
25. Shutters
The ARC must approve all shutter installations that were not initially installed by the Developer. Standard decorative shutters may be installed using PVC or painted wood.
Additionally, while we will not suggest or recommend any specific type of hurricane window protection in the Design Guidelines, we will approve the permanent installation of “tracks” or “channels” above and below windows for use with removable hurricane panels. The exposed sides of these “tracks” or “channels” must be painted to match the
color of the portion of the home to which they are mounted. Installation of temporary window coverings for protection during hurricanes may begin as soon as a tropical storm or hurricane watch, or warning is issued for Manatee County. Such window coverings or shutters may be installed or closed, up to forty-eight (48) hours prior to the expected arrival of a hurricane and must be removed within seventy-two (72) hours of the watch or warning being cancelled, or as the Board may determine otherwise.
26. Signs – See also 12.34 of the Declaration
Unless restricted by applicable county ordinance, the following will apply to signs:
- For sale and for lease signs are permitted AFTER the community completion date. An Owner shall be permitted to post signs from a security / alarm company providing services for the home. One single-sided security / alarm sign may be placed in the front yard where it is visible to persons approaching the home and not closer than ten feet (10’) from right of way. A sign may also be placed in the windows of the home. The sign shall not exceed two feet (2’) in overall height from finished grade and/or seventy-two (72) square inches in size (i.e., eight inches (8”) by nine inches (9”)) if placed in the ground. Signs shall not exceed sixteen (16) square inches in size (i.e., four inches (4”) by four inches (4”) if placed in the window of a Home. The sign shall be located within the applicable setback lines.
27. Storage of Tools, Machinery
The storage of lawn tools, supplies, mowers, and equipment outside the home is prohibited.
Garden hoses may be stored outside the home if they are enclosed within either a hose reel box located in a planting bed or mounted directly to the house, or a decorative pot designed or adapted specifically for hose storage, or a hose hook. The storage container may be located on either side or the rear of the house. If the hose reel box/hose storage container is easily visible from a street that passes either the front or side of a home, then additional landscaping is required so the container cannot be seen. Hook-mount storage is permitted, as long as the bottom of the hook is no more than 3 feet above the ground and is screened from view by appropriate landscaping.
Under no condition may the hose, hose reel box, storage container or hose hook be placed in the front of the house, unless the hose is in use. The hose and hose reel box/hose storage container should be returned to its storage location immediately after its intended use.
28. Trash Containers
Trash must be stored in covered containers, which shall be kept in the garage, except when they are being made available for collection. Trash containers may not be placed at curbside earlier than 7pm the night before pickup and must be returned to the garage no later than the evening of pickup and must be in either containers or plastic bags designed for trash. No other types of containers may be used on the exterior of home. Excess trash that can’t be placed in containers must be removed on the normal pick-up day with the rest of the garbage.
29. Wall Decorations; Wall Fountains
Wall decorations or working fountains may be attached to a home near the front entrance or on the side garage wall approaching the entrance to the home. The following information must be included with the application: a picture of the item; its overall dimensions; the materials to be used; and a sketch that shows the exact location on the wall where the item will be installed. If the plan includes a wall fountain, then the application must also include the water source and plumbing layout. Each application will be considered individually based on appropriate size for the particular home.
30. Retaining Walls
Unless provided by the Declarant, or approved in advance by the ARC, no retaining walls may be constructed where they will impact the surrounding grade and drainage.
31. Water Softeners/ Purifier Systems
Water softeners and purifying systems should be installed inside the garage. If the water softeners / purifying systems must be installed outside of the home, then the installation must be in a manner so as to not be visible from the exterior of the home. An exterior installation requires ARC approval; the request for ARC approval shall include the reasons why an exterior installation is necessary.
32. Window Coverings
External window coverings other than standard window screens are prohibited from use in Del Webb BayView. Such coverings include, but are not limited to, burglar bars, roll down shades and window awnings.
33. Window Treatments, Tinting
Window treatments shall consist of drapery, blinds, or decorative panels. Temporary or permanent window treatments of bed sheets, newspaper, trash bags, etc., are strictly prohibited. No reflective tinting or mirror finishes on the windows are allowed. Window treatments facing the street shall be of a neutral color, such as white, off-white or wood tones.
34. Solar Tubes and Panels (Roof Mounted)
Roof-mounted solar panels and tubes must be designed to be integral parts of the roof. Their form, location and color must be compatible with the existing roof. Profiles must be minimized. All supports and piping for solar collectors must be enclosed. Silver aluminum frames are not permitted.
Solar panels may be installed preferably on rear roof slopes, but may be installed where their use is optimized, and should not be visible from the Common Property or the street in front of the house or side yards of corner lots. Reflective glazing is not permitted.
35. Stone Veneer on Front Elevations
When approved in writing by the ARC, a limited amount of stone veneer may be used to accent the front elevation of a house. Both the placement and allowable amount of stone will be determined based on house model and elevation option. Since stone veneer is to
be used as accent only, stone veneer may not cover more than half of the front elevation. The type of stone used must be like the stone presently used on community buildings.
Exterior Modification Applications must include a front elevation drawing, a sample (or photo) marked-up to show the proposed stone location, a sample (or photo) of the proposed stone and the color scheme of the house.
D. Modifications to the Landscape – Living Things and Mulch Materials
As part of the planning and development of Del Webb BayView, the Developer has prepared landscape plans for the homes, amenities, and common areas within the community. These landscape plans are subject to change at the sole discretion of the Developer. Del Webb BayView is a maintenance-free community, which means the HOA will maintain the landscape within the Lots. Due to this maintenance-free service, the HOA will replace any dead or dying landscape within the landscape plan provided by the Developer. If an owner desires to add landscape material outside of the Developer’s landscape plan, they will be responsible for maintaining it and replacing it if it is dead or dying.
The below requirements pertain to installation of landscape material outside of the Developer’s landscape plan. It is important to understand all landscape alterations must not obstruct the HOA from maintaining the Lot. If there is an obstruction, the HOA reserves the right to not maintain the Lot.
1. Dead or Diseased Landscape
Any changes from the Developer’s landscape plan (including different species, different size, or different location…not an all-inclusive list) must be approved in advance by the ARC. If these changes are approved by the ARC, the owner is responsible for replacing any dead or diseased landscape material.
2. Mix of Plantings
Landscape harmony is accomplished by allowing two to three types of shrubs planted textures is visually distracting. Introduce variety with accent shrubs. The use of plant materials with seasonal interest such as flowers, interesting leaf shapes, wall color, berries, bark color, and texture, is encouraged for variety.
However, vegetable gardens are prohibited. Small herb gardens are allowed if kept in a planting pot of allowed size. (See Planting Pots, D.9.)
3. Mulch Materials
For the purpose of these Design Guidelines, topsoil or decomposed granite is not considered inert material. Approved inert materials shall include bark, hardwood mulch, rock and/or stone of naturally pigmented color (i.e., as found in native form), and other materials may be approved by the Architectural Review Committee from time to time. Determination of whether a material is acceptable for inclusion in any specific situation shall be made by the Architectural Review Committee.
4. Mulch Materials – Designs
Ground cover or inert material shall not be used to spell out names, nicknames, or names of states, cities, athletic teams, slogans, emblems, geometric patterns, or any other communication.
5. Permitted Ground Cover
The ground surfaces of all lots except that occupied by hardscape or structure shall be covered with a combination of landscaping, i.e., sodded grass lawn, planted ground cover and approved mulch materials as listed in Appendix A.
6. Plastic Sheeting
The use of solid plastic sheeting or polyethylene over ground cover areas is not permitted. If landscape fabric is used, it must allow the free flow of water, air, and gases to and from the soil. All weed control fabrics must be kept thoroughly covered with a layer of approved rock or mulch material.
7. Restrictions on Paved Cover
Excessive use of concrete at front, rear, and street side yards is not allowed. No concrete may be located in driveway areas other than that which is initially included with the home; however, additional walking area(s) adjacent to the driveway which extends the overall driveway width not more than four feet (4’) may be considered for approval.
Plans for concrete work must be approved in writing by the ARC before any work commences.
8. Retention Pond / Conservation Area Lots
Any home built on retention pond or conservation area shall not have additional landscaping planted within ten feet (10’) from the rear lot line and must stay consistent with the existing initial landscaping provided by the Declarant. This landscaping should be kept trimmed up to a maximum of forty-eight inches (48”) from the ground, unless it is low-lying ground cover material, so as not to impede the views of neighbors.
9. Rock Yards
Decorative rock yards, paved yards, or yards in which the principal ground cover is other than grass, sod is specifically prohibited.
10. Florida Friendly
The term “Florida Friendly” includes landscape practices that minimize the use of water by means of irrigation, select the correct plant materials for each specific site, use micro- irrigation when applicable, minimize the use of fertilizers and other supplemental maintenance practices, promote the use of native plant materials which are drought tolerant, avoids the use of non-native invasive species and promote landscape designs which minimize harmful environmental occurrences such as storm water runoff.
Listed below are the options available to homeowners within Del Webb BayView which are found on the Florida Friendly website at https://ffl.ifas.ufl.edu/plants/ and are suited to site-specific conditions that reflect the “right plant, right place.”
Landscape plans cannot alter the storm water patterns of the applying lot, any other properties within Del Webb BayView, or the functionality of the Del Webb BayView master storm water plan.
- Turf grass should be a drought-tolerant grass and must meet required area coverage (at least 50% of non-hardscape lot size). Standard size home sites must maintain turf grass in the right of way ten feet (10’) back of curb, the back five feet (5’) of the rear lot property line, and the first five feet (5’) of side property lines. At the back- property line, the first five feet (5’) must be maintained as sod, from five feet (5’) to ten feet (10’) low lying ground cover and bushes no taller than two feet (2’) can be used, and then at ten feet (10’), taller shrubs and trees can be planted. For the side lot line on a corner lot that abuts a road, the setback is ten feet (10’) from the curb. Oversize lot requirements will be proportional to the lot size. Please refer to Exhibit
A. It will be the homeowner’s responsibility to maintain their turf so that it does not adversely affect neighboring property(s) turf grass.
- Planting beds must include plant materials that coincide with Florida Friendly guidelines (see Appendix B) and should include ground cover plant materials as well as more “canopy type” plant materials such as trees. The ground cover, trees, and perennials/annuals should be spaced in such a way that one (1) year after planting, the plant material covers at least forty percent (40%) of the surface area of the bed.
Long-term maintenance of the ground cover must meet these proportions. If, after one (1) year the required proportions are not met, the ARC shall have the right to require the homeowner to undertake additional plantings to meet the requirement. Beds in the front part of the home site must be curvilinear in nature.
- Mulch shall be an approved organic material such as pine straw or pine bark, as their decomposition adds nutrients to the soil, and compliments the Florida Friendly concept. Inorganic matter, such as stone, rock, river rock and gravel, are not recommended for use and will be considered on a case-by-case basis, as long as enough plant material is installed to eliminate the appearance of a “rock yard”. Inorganic mulches, such as synthetic rubber mulches that resemble their organic counterparts are not permitted. The ARC reserves the right to deny mulch materials based on composition and/or color. Individually placed stones or rocks for the purpose of creating aesthetic value will also be reviewed on a case-by-case basis.
- Micro-irrigation is required to be installed in all plant bed areas which are to be Florida Friendly. Micro-drip irrigation or bubblers should be used for trees and other large plant materials. Micro-spray irrigation should be used for groundcovers, annuals, and perennials. Micro-irrigation should only be irrigated during the initial installation establishment period and in periods of extreme drought. The overall irrigation system should be set up with distinctly separate zones between those which are plant beds using micro-irrigation, and those which are turf and use traditional or high-volume irrigation. Traditional turf grass can require watering up to two times per week, while Florida Friendly areas require little or no water under normal circumstances. To that end, an irrigation plan must be submitted to the ARC along with the landscape plan.
11. Shrubs
Plant foliage of shrubs along any lot may not exceed two feet (2’) in height when planted within ten feet (10’) of the rear property lines to allow minimal obstruction of views.
Once at ten feet (10’) or more from the rear property line, the height can be higher.
12. Trees
Space trees properly to allow room for future growth and to avoid conflicts with the home and paved areas. All trees planted along the rear of the home must be at least five feet (5’) from the rear property line. The trees along pond/conservation lots should be limbed up to at least four feet (4’) above the ground in order to minimize the obstruction of views from neighboring properties. Additional trees may be added only after ARC approval.
Street Trees shall not be removed. Street Trees shall not be replaced without the approval of the ARC.
13. Turf Grass (Sod)
For the purpose of these design guidelines, turf grass (sod) must be Flora tam. A modification is needed to install landscape beds in place of turf grass.
14. Uniformity
Plantings should be somewhat uniform throughout the yard; approximately fifty percent (50%) should be in the midpoint of the building to the front and the remainder to the rear.
E. Modifications to the Landscape – Additional Items – Non-Living
When making an application for modification to your landscape, you must indicate any non- living items (i.e., benches, statues, birdbaths, artifacts, etc.) separately on your application as well as on your landscape plan, including size, materials, and specific location. Each lot may contain up to five (5) items, excluding Holiday decorations, sized from six inches (6”) up to thirty-six inches (36”).
Unless otherwise stated, every item needs prior ARC approval.
1. Arbors
Placement of an arbor, designed for growing roses or vines, will be considered on a case- by-case basis. The maximum arbor size shall not exceed eight feet (8’) in height, four feet (4’) in width, and three feet (3’) in depth. The material shall be of natural wood, vinyl, or aluminum, with color to complement the home and must be anchored so as to prevent displacement in high winds.
2. Artifacts
Artifacts are those items not classed as fountains, statues, or birdbaths, but are used in the landscaping to enhance the overall plan. The number of artifacts used as landscaping enhancements is limited to five (5) per lot but may be restricted when used in conjunction with other landscape accent items. The ARC reserves the right to deny any artifact they
find derogative, offensive, or not in keeping with the architectural theme of the community. No artifact may exceed thirty-six inches (36”) in height.
3. Birdbaths
A stand-alone birdbath must be no more than thirty-six inches (36”) in height. Birdbath must be of materials with color and design compatible with the architectural theme of the home. A birdbath is permitted in the front, side, rear, or courtyard and must be placed in a planting bed. Two birdbaths are permitted per lot but may be restricted when used in conjunction with other larger landscape accent items.
4. Birds
Only natural appearing replicas of birds are permitted as additions to landscape plans and must be placed in landscape beds. Two birds are permitted but may be restricted when used in conjunction with other landscape accent items. Birds will not exceed thirty-six inches (36”) in height.
5. Fire Features (Barbeques, Chimneys, Fire Pits and Fireplaces)
Outdoor fireplaces shall be consistent with all applicable governmental codes, including, without limitation, the regulations of Manatee County and the Florida Fire Prevention Code.
Outdoor fireplaces shall be located in the rear yard or on rear patio areas and shall be simple and residential in design. Outdoor fireplaces with highly independent designs, overly ornate designs, or commercial-looking designs are not allowed. Unfinished or painted precision concrete block is not allowed. The color and finish of stucco fireplaces must be the same as the color and finish of the stucco on the house and shall avoid obstructing views of the surrounding properties.
If the top of the outdoor fireplace is greater than the top of the perimeter wall or fence, or if the outdoor fireplace is located adjacent to an open view fence, then the outdoor fireplace shall be designed so that its form, material, and color are compatible with the architecture of the house.
Outdoor fireplaces of six (6) feet, or less, in height shall be located at a minimum of three
(3) feet clear from the house, patio perimeters and fences. Outdoor fireplaces between six
(6) feet and twelve (12) feet in height shall be located a minimum of five (5) feet clear from the house, patio perimeters and fences. Outdoor fireplaces (12) feet in height shall be located a minimum of ten (10) feet clear from the house, patio perimeters and fences. The maximum allowed outdoor fireplace height from the original lot grade is twelve (12) feet.
Trees and/or shrubs should be planted in the 3 to 10-foot clear area between the property line (or perimeter wall or fence) and the outdoor fireplace, to completely screen the appearance of the back of the outdoor fireplace from adjacent neighbors.
Outdoor fireplaces designed to use natural gas, instead of wood, are preferred. Outdoor fireplaces shall be properly maintained and may not create an unreasonable nuisance to surrounding properties. Wood may be only stored on Lanai or in the garage.
6. Flowers – Artificial
Florida is known for its wide variety of beautiful flowering plants. Therefore, unless permitted by Florida law, artificial flowers are prohibited as part of the landscaping.
7. Fountains
For the purpose of this document, fountains (non-wall-mounted, semi-permanent decorative landscape additions) are considered a water feature capable of producing a continuous recirculating flow of water from a self-contained reservoir. Water features are used to enhance the house landscaping. A water feature shall be limited to a height of four feet (4’) above the finished grade of the lot; however, if a water feature is located against a wall of the house, then the water feature may not exceed eight feet (8’) above the finished grade of the lot. A water feature may be installed in the front or rear yard only, may not detract from the overall landscape theme and must be placed in a planting bed. The water feature must not visibly damage existing walls or fences. Colors must be compatible with the house.
Only one (1) water feature is permitted and may be restricted when used in conjunction with source, pump, electrical layout and plumbing layout. The water source, pump, electrical and plumbing must be designed and located to be unobtrusive. Noise must be controlled to minimize the impact on neighbors.
8. Holiday Decorations
Holiday decorations are considered exterior ornamentation of a Resident’s Property used to celebrate holiday decoration periods. Decorations must not cover the home’s address number.
For the purpose of this section, holiday decorations may be installed from October 1st through January 15th of the following year in a manner consistent with the following timeframes: Commencing October 1st and removed by November 5th and commencing the week before Thanksgiving and removed no later than January 15th.
Reasonable holiday decorations may be displayed, without prior ARC approval, for recognized national and religious holidays two (2) weeks prior to the holiday to which the decorations are related until one (1) week after said holiday.
The decorations must be in good condition and good taste and may be displayed only during holiday decoration periods. Residents are expected to be diligent in ensuring that displays, including outdoor lighting, do not spill over to neighboring properties. The display of holiday decorations is subject to the right of the Association or Developer to require removal of such decorations that it deems to (A) be excessive in number, size or brightness relative to the surrounding properties; (B) draw excessive attention or traffic;
(C) unreasonably interfere with the use and enjoyment of neighboring properties; (D)
cause a dangerous condition to exist; or (E) lacking in good taste or in contradiction to these guidelines.
9. Planting Pots
Planting pots are considered part of the landscape and are containers for live flowers, live plants and/or other items used in bedding. No more than ten (10) planting pots may be used on the property as landscaping decoration, with a limit of no more than six (6) planting pots in the front of the home. Planting pots are only permitted in the front and rear of the property, except where a home is located on a corner lot, in which case the property may have twelve (12) pots, with three (3) of the twelve (12) planting pots allowed on the side of the home which faces a street.
Planting pots must be of a color and design compatible with the architectural theme of the home. If a pot’s core purpose by its manufacturer is as a fountain, then it may not be used as a planting pot. A planting pot may not be higher than thirty-six inches (36”) tall and twenty-four (24”) in diameter.
Pots and containers must be removed to safe storage in the event of an impending storm or if the owner is leaving for an extended period of time.
10. Ponds
Decorative small ponds may be used in landscape areas. Size and location will be considered on an individual basis. Plans for design must include specifications for re- circulation and/or cleaning of water, and method to be used for mosquito control.
11. Statues
Statues (a three-dimensional work of art, as a representational or abstract form, carved in stone or wood, molded in a plastic material, cast in bronze, or the like), are considered as an ornamental addition to an overall landscaping plan. A maximum of five (5) statues is allowed and a statue may be no higher than thirty-six inches (36”). It must be of materials with color and design compatible with the architectural theme of the home.
Statues are permitted in the front, side, rear, or courtyard and must be placed in a planting bed. Statues may be restricted when used in conjunction with other larger landscape accent items.
12. Trellises
A total of four (4) trellises, attached to the home, may be permissible. Trellises should be no more than four feet (4’) wide and six feet (6’) tall. One trellis may be placed in the foundation area in the front of the home or front courtyard area. The shape and size must be stated on the Application. For the remaining three trellises, the shape and size must also be stated on the Application. Exact location of each trellis must be shown on a copy of the plot plan or overall landscape plan. The material shall be of natural wood, vinyl, or aluminum, with color to complement the home. Consideration will be given only to plans prepared with exact dimensions and location of each structure.
13. Plant Bed Edging
All landscape curbing, including plant bed edging, must be approved by the Architectural Review Committee prior to installation. Landscape timbers and wood ties will not be permitted. EverEdge or equivalent steel lawn edging, concrete or natural edging stones and Ecoborder in brown or black are allowed. The landscape curbing color should complement the overall color scheme of the home. Owner must submit landscape curbing color and home colors(s) with the request.
The top surface of the landscape curbing shall not exceed 3” higher than the adjoining, undisturbed ground. Landscape curbing may not encroach easements or common ground and may not be installed along the sides of the driveway, or any other walking path other than the path from the driveway to the front entry.
EXHIBIT A – TURF GRASS REQUIREMENTS
Lot Size – Regal Required Turf Grass
<7000SF Standard lot, see Guidelines
>7000SF At least 20% of the lot that is over 7000SF must be turf grass.
Example:
8000SF The perimeter guidelines must be met plus 200SF of the lot outside that perimeter must be turf grass.
Lot Size – Pinnacle Required Turf Grass
<8000SF Standard lot, see Guidelines
>8000SF At least 20% of the lot size that is over 8000SF must be turf grass.
Example:
9000SF The perimeter guidelines must be met plus 200SF of the lot outside that perimeter must be turf grass.
APPENDIX A COMMONLY USED ORNAMENTAL LANDSCAPING
D = Deciduous E = Evergreen
Large Trees – Space thirty to forty feet apart; and twenty feet minimum from buildings. Trees are deer resistant to extent edible parts can be protected until they grow out of reach of the deer.
D–Florida Maple (Acer floridanum) D–Red Maple (Acer Rubrum)
E–Southern Magnolia (Magnolia grandiflora) D–Chinese Pistache (Pistacia chinensis)
D–Sycamore (Platanus occidentalis)
D–Swamp Chestnut Oak (Quercus michauxii)
D–Willow Oak (Quercus phellos)
E–Live Oak (Quercus virginiana)
D–Bald Cypress (Taxodium distichum)
Small Trees – Space fifteen to twenty feet apart; and ten feet minimum from buildings, unless stated differently below. Trees are deer resistant to extent edible parts can be protected until they grown out of reach of the deer.
E–Pygmy Phoenix Date Palm (Robellini) – minimum of five feet from buildings D–Japanese Maple (Acer palmatum)
D–River Birch (Betula nigra)
D–Redbud (Cercis canadensis)
E–Nelli R. Stevens Holly (Ilex aquifolium x cornuta “Nellie R. Stevens”) E–East Palatka Holly (Ilex x attenuata “East Palatka”)
E–Foster Holly (Ilex x attenuata “Fosteri”)
E–Savannah Holly (Ilex x attenuata “Savannah”)
E–Weeping Yaupon Holly (Ilex vomitoria “pendula”) D–Goldenrain Tree (Koelreuteria paniculata)
D–Crape Myrtle (Lagerstroemia indica – Varieties “Cherokee”, “Muskogee”, “Natchez”, and “Tuscarora”)
E–Tree Form Wax Leaf Privet (Ligustrum lucidum)
E–Little Gem Magnolia (Magnolia grandiflora) – minimum of five feet from buildings
D–Saucer Magnolia (Magnolia soulangiana)
E–Sweet Bay Magnolia (Magnolia virginiana)
D–Calloway Crabapple (Malus pruniflora “Calloway”) E–Tree Form Wax Myrtle (Myrica cerifera)
E–Spruce Pine (Pinus glabra)
D–Japanese Flowering Cherry (Prunus serrulata “Kwanzan”) D–Yoshino Cherry (Prunus yedoensis)
D–Aristocrat Pear (Pyrus calleryana “Aristocrat”)
E–Palmetto (Sabal palmetto) – mínimum of five feet from buildings
E–Windmill Palm (Trachycarpus fortunei) – minimum of five feet from buildings
Large or Accent Shrubs (5-7 Gallon) – Space six to ten feet apart; and five feet minimum from buildings. Shrubs indicated with an “*” are deer resistant. Shrubs indicated with an “SH” require shade.
E–Anise* (Illicium anisatum)
E–Azalea SH (Azalea indica – Varieties “Formosa” *, “George L. Tabor”, “G.G. Gerbing”, “Judge Soloman”, “President Clay”, “Red Formosa”, and “Southern Charm” *)
Semi E–Butterfly Bush (Buddleia davidii) E–Bottlebrush* (Callistemon citrinus)
E–Camellia SH (Camellia sasanqua)
E–Chinese Fringe (Loropetalum Chinese, cultivars; Hines Prupole leafe, Burgandy, Blush) E–Pampas Grass* (Cortaderia selloana)
Semi E–Sago Palm* (Cycas revoluta) E–Gardenia* (Gardenia jasminoides)
E–Burford Holly* (Ilex cornuta “Burfordii”) E–Wax Leaf Privet* (Ligustrum lucidum)
E–Banana Shrub* (Michello Figo)
D–Variegated Maiden Grass (Miscanthus sinensis “variegata”) E–Waxmyrtle* (Myrica Cerifera)
E–Nandina * (Nandina domestica) E–Oleander* (Nerium oleander)
E–Tea Olive* (Osmanthus fragrans)
E–Fortune’s Tea Olive *(Osmanthus fortunei) E–Firehorn (Pyracantha koidzumi)
E–Pittosporum (Pittosporum tobira)
E–Podocarpus Yew * (Podocarpus macrophyllus maki)
D–Purple Fountain Grass (Pennisetum setaceum “Rubrum”)
E–Sweet Viburnum (Viburnum odoratissium) E–Laurustinus* (Viburnum tinus)
Medium Shrubs (3-5 Gallon) – Space three to four feet apart; and two feet minimum from buildings. Shrubs indicated with an “*” are deer resistant. Shrubs indicated with an “SH” require shade.
E–Abelia (Abelia grandiflora)
D–Barberry (Berberis thunbergii “Rose Glos” or “Crimson Pygmy”) E–Boxwood* (Buxus microphylla)
E–Dwarf Bottlebrush* (Callistemon citrinus “Little John”) E–Dwarf Burford Holly* (Ilex cornuta “Burfordii nana”) E–Carissa Holly* (Ilex cornuta “Carissa”)
E–Dwarf Yaupon Holly* (Ilex movitoria “Nana” or “Schellings”) E–Florida Jasmine (Jasminum floridum)
Semi E–Primrose Jasmine (Jasminum mesnyi) E–Dwarf India Hawthorn (Raphiolepsis indica) E–Yucca* (Yucca filamentosa)
E–Sanankwa Viburnum* (Viburnum Suspensum)
Low Shrubs or ground covers (1 Gallon) – Space one to six feet apart; and two feet minimum from buildings. Shrubs indicated with an “*” are deer resistant. Shrubs indicated with an “SH” require shade. Shrubs indicated with a “V” are vines to be used with support.
E–Hollyfern SH (Cyrtomium falcatum) E–African Iris* (Dietes vegeta)
E–Dwarf Gardenia* (Gardenia jasminoides “radicans”) E–Carolina Jessamine V (Gelsemium sempervirens) Semi E–Daylily (Hemerocallis hybrida)
D–Lantana* (lantana camara)
E–Big Blue Liriope (Liriope Muscari “Big Blue”)
E–Variegated Liriope (Liriope muscari “Silvery Sunproof”) E–Goldflame Honeysuckle V (Lonicera x heckrottii)
E–Trumpet Honeysuckle V (Lonicera sempervirens)
E–Blue Pacific Juniper* (Juniperous conferta “Blue pacific”) E–Parson’s Juniper* (Juniperous davurica “Expansa”)
E–Blue Rug Juniper* (Juniperous horizontalis “Wiltonii”)
E–Dwarf Japanese Garden Juniper* (Juniperous procumbens “nana”)
E–Dwarf Nandina* (Nandina domestica ‘Harbor Dwarf” or “Firepower”) E–Bank’s Rose V (Rosa bankiae)
E–Confederate Jasmine* V (Trachelospermum jasminoides) E–Lily of the Nile (Agapanthus)