House Plans Application Submittal Guidelines_10252021
Architectural Guidelines and Covenant Interpretations
Table of Contents
1. INTRODUCTION
2. ACCESSORY BUILDINGS
3. ANIMALS AND POULTRY
4. APPEARANCE
5. ARCHITECTURAL STYLE
6. AUTHORITY
7. BARNS AND STABLES
8. BOAT DOCKS
9. BOAT HOUSES
10. BUILDING SETBACKS
11. CAMPING.
12. CAMPING DURING CONSTRUCTION
13. CAR PORTS
14. ENVIRONMENTAL INFORMATION
15. CLEARING ACTIVITIES
16. COMMERCIAL ACTIVITIES
17. COMMON STORAGE
18. CONCRETE BLOCK STRUCTURE
19. CONSTRUCTION COMPLETION TIME
20. CONSTRUCTION RESPONSIBILITY
21. CONTRACTOR STRUCTURES
22. CONSTRUCTION SITE APPEARANCE
23. COUNTY AND STATE PERMITS
24. CULVERTS
25. DRAIN FIELD MAINTENANCE -REMOTE LOTS
26. EASEMENTS
27. EXTERIOR FINISHES
28. FEES -ARCHITECTURAL CONTROL COMMITTEE
29. FENCES
30. FENCES ON HORSE LOTS
31. FIREARMS
32. FUEL STORAGE TANKS
33. GARAGES
34. GUEST QUARTERS
35. HORSES AND HORSE LOTS
36. HUNTING
37. IMPROVEMENTS
38. JOHNSON GRASS
39. LOT CLEARING
40. MOBILE HOMES AND TRAILERS
41. NOXIOUS ACTIVITIES
42. PLAN REVIEW AND APPROVAL
43. RENTING
44. ROAD MAINTENANCE
45. SATELLITE DISHES
46. SHELTERS FOR HORSES
47. SIGNS
48. SIZE REQUIREMENTS
49. SUBDIVISION OF LOTS
50. TEMPORARY STRUCTURES
51. TRAILERS, BUSES AND MOBILE HOMES
52. TRAILERS, RECREATION VEHICLES (RVs) AND BOATS
53. YARD LIGHTS
1. INTRODUCTION
The Declaration of Protective Covenants of Betz Landing is filed in Plat Book 7, Page 53 in the Office of Registrar of Deeds for
Northumberland County . These Covenants burden and run with the real property and are binding on all parties and their heirs, successors and assigns owning real property within the subdivision.
This document includes these requirements, and where applicable, interpretations to resolve ambiguities.
Article III, Section 2 of the Declaration of Protective Covenants makes reference to the “Betz Landing Architectural Guidelines, which are by
reference made a part of these Protective Covenants“. This document contains these Architectural Guidelines which are an extension of the
Protective Covenants and contain interpretations of the various Protective Covenant clauses, some of which are ambiguous or subject to various
interpretations. This document has been reviewed and approved by the Board of Directors.
It is intended that these Guidelines be used by the Architectural Control Committee in their evaluations of plans submitted as required by Article III
and by the Board of Directors in their interpretations of the various Articles and Sections of the Covenants. The purpose, of course is to minimize
possible misunderstandings, to enable property owners to plan their improvements and to set standards for improvements to protect property
values.
None of these Guidelines contradict or repeal any of the Covenants. Changes to the Covenants can be made only by a favorable vote of 213 of
the lot owners as described in Article IV, Section 6. of the Declaration of Protective Covenants.
In addition to the above, all State and County Subdivision and Building Code restrictions must be met as well as the requirements of the ENVIRONMENTAL INFORMATION.
Each of the paragraphs below addresses a different area of consideration. Included is the appropriate reference to the applicable Article and Section
of the Covenants. It is assumed that each Property Owner has a set of Protective Covenants in their possession.
As stated in the third paragraph of the Covenants, the purpose of the Protective Covenants is to “restrict the use and occupancy of the property
…for the benefit and preservation of the property values in Betz Landing, and for the mutual protection, welfare and benefit of the present and
future owners …”
In general, these Guidelines follow the philosophy of allowing maximum freedom to the Property Owners in the utilization and enjoyment of their property and the minimum intervention of the Architectural Control Committee or the Board of Directors in their affairs. However, it is not
possible to waive or ignore any of the existing restrictions of the Protective Covenants.
Approvals and/or disapproval’s, issued by the Architectural Control Committee, must be in writing. Sections where the Architectural Control
Committee is involved are identified.
Complaints concerning Violations, Administration, and or enforcement of the Protective Covenants, ByLaws, or these Guidelines, must be submitted in writing before they can be acted upon by the Board.
The Board of Directors shall take appropriate action if any of these Architectural Guidelines or Covenant Interpretations are violated. Article IV of the Protective Covenants and Title 55, Chapter 26 of the Statutes of Virginia provide broad authority to the Board of Directors in this regard.
Sections where the Architectural Control Committee has jurisdiction or responsibilities are identified.
2. ACCESSORY BUILDINGS
One one-story accessory building not to exceed 200 square feet is permitted by the Covenants, subject to the approval of the Architectural Control Committee. The Architectural Control Committee may approve additional accessory building(s) of 200 square feet or more, on a lot-by-lot
basis. This would include storage sheds, barns, gazebos and other buildings not used for dwellings. (Also see Barns)
The accessory building(s) should generally blend with the environment and have a style and exterior finish blending with the primary dwelling, especially when visible from the roads.
See Article II, Section 2 of the Covenants
3. ANIMALS AND POULTRY
The Covenants state that: “No animals or poultry of any kind may be kept or maintained on any Lots, except ordinary household pets, regularly
housed within the Dwelling. Ordinary household pets include dogs, cats, caged birds and other pets that may be regularly housed within the
dwelling“.
Goats, sheep, chickens, ducks, geese and other farm animals and animals kept in kennels or cages, or kept for commercial purposes are not allowed.
The exception is Lots 2 through 14 where pleasure horses are allowed.(See Horses)
(Article II, Section 8 of the Covenants)
4. APPEARANCE
The Covenants state that: “Each Lot and all improvements shall be maintained in a neat and attractive manner.”
There is a requirement that Johnson Grass be destroyed prior to going to seed each season in accordance with County ordinances.
Note: Johnson Grass can usually be controlled by mowing once a month during the growing season, late May through October. The County
Ordinance requires mowing prior to going to seed. Herbicides, such as “Roundup”, may also be used but even they only kill what is growing and
must be reapplied until all seeds have germinated and rhizomes have been killed. A deep freeze will kill Johnson Grass.
No unregistered motor vehicles, junk or debris shall be stored on any lot. Debris resulting from lot clearing shall be removed within 60 days.
Trash, garbage, or other waste shall not be kept, except in sanitary containers screened from view from all roads.
Organic material and compost piles collected for gardening should be screened if visible from the road .
The contractor or Property Owner should remove construction waste regularly. It is recommended that such a clause be included in all contracts. In any event, all construction trash should be removed within 10 days of receipt of the Occupancy Permit. The Property Owner is responsible for removal of construction trash blown onto adjacent lots.
See Article II, Section 9 of the Covenants
5. ARCHITECTURAL STYLE
No particular architectural style is required although dwellings are limited by the Covenants regarding the minimum enclosed area and are not-to-exceed two and one-half stories in height. It is recommended that
property owners consider the resale, which would preclude extreme styles.
Earth tones, whites or neutral colors are recommended for building colors.
Bright yellows, blues, greens, etc. are discouraged. Trim colors should be consistent with the house color and the environment.
The Architectural Control Committee is required to review material specifications, to include exterior color and finish in accordance with the Covenants.
See Article II Section 2, and Article III Section 2 (b) of the Covenants.
6. AUTHORITY
The Architectural Control Committee has the authority to review, approve, suggest changes to, and reject plans and specifications for Improvements
and locations of the Improvements to the properties in Betz Landing. The principal authorities and responsibilities of the Architectural Control
Committee are described in Article III of the Covenants. However, there are other sections of the Covenants that provide authority to the
Committee such as Article 11, Section 2 Size Requirements.
The Board of Directors has the authority as provided by the Property Owners Act of Virginia to establish rules and bylaws and place sanctions upon violators of the rules, bylaws, Covenants and Architectural Control Committee rulings. In addition, the Covenants, Article IV Section 3 provides for enforcement by proceedings at law or in equity against any person or persons violating or attempting to violate any Covenant item.
The sanctions, which require Board of Directors action, include judicial relief as well as an initial fine of $50.00 for any violation and an ongoing fine of $10.00 per day until the violation is corrected.
See Article III and Article IV Section 3 of the Covenants.
7. BARNS AND STABLES
Lots 2 through 14 are allowed to keep pleasure horses on the property and proper shelter must be installed before any animals are permitted to
remain on the lots.
Barns are categorized as “accessory buildings” and must meet building setback requirements. In addition, barns should blend with the environment and have a style and exterior finish that is similar to the primary dwelling.
Shelters shall be enclosed on at least three sides (enclosing of three sides is recommended by the Horse Industry Handbook) and shall contain
facilities for providing adequate feed and water. They shall be designed and constructed to facilitate cleaning and to minimize the creation of
odors.
Barns should be located so that water run-off from the barnyard does not flow onto personal use areas of adjacent property. If there is any doubt
regarding the possibility of run-off concerns, the Architectural Control Committee should receive comments from adjacent property owners prior
to approving site or building plans.
It is recommended that the Horse Industry Handbook be used in the planning of site preparation and construction of facilities to accommodate
horses. It can be obtained from the Virginia Cooperative Extension office.
The Association has relevant sections of the Handbook, which can be provided upon request.
See Article II, Sections 2, 8 of the Covenants
8. BOAT DOCKS
Boat docks are not subject to the Architectural Control Committee approval since it is judged that the County, Corps of Engineers and Virginia Marine Resources Commission reviews provide adequate protections. Dock building permits require the approval of adjacent property owners.
If clearing or grading is required to provide access to the boat dock, the plans must be submitted to the Architectural Control Committee.
9. BOAT HOUSES
The Board of Directors has taken a position that the construction of boathouses is to be discouraged. The reason is that the waterfront lots are relatively small and boathouses restrict the views of neighboring properties, thereby reducing the enjoyment of the Property Owners.
Hearings are required prior to the issuance of permits by the County. The Chairman of the Architectural Control Committee or a Board Member shall
attend the hearing and generally oppose any boathouses in or near Betz Landing.
Because the County may hold hearings, any Betz Landing property owner, or any other person, may attend the hearing or send written communications supporting or objecting to the Boat House.
10. BUILDING SETBACKS
The Covenants require building setbacks that are generally more restrictive than those required by Northumberland County .Structures are required to be fifty (50) feet from the street right of way line; fifteen (15) feet from side lines and twenty five (25) feet from the back line.
Waterfront lots must meet the requirements of the ENVIRONMENTAL INFORMATION, which establishes a 100-foot setback from the water or a variance with
approval of the County, but in no event will the setback be less than 50 feet from the water.
The Architectural Control Committee may issue variances where the requirements exceed the County requirements, but the Committee has no authority to issue variances to any County or State requirements. Note that a variance issued by the County does not in itself negate the requirements specified by the Covenants.
The Architectural Control Committee shall consider likely locations of structures on adjacent lots when reviewing plans. The purpose is to preclude blocking of natural sight lines by buildings or allowing dwellings to be too close together when alternative locations exist.
See Article II, Section 4 of the Covenants.
11. CAMPING
No tent camping is allowed in Betz Landing
No camping of any type is allowed within Betz Landing with one limited exception during construction as discussed below.
See Article II, Section 5 of the Covenants.
12. CAMPING DURING CONSTRUCTION
Temporary camping, not to exceed fourteen (14) consecutive days is permitted in accordance with the Covenants, during the construction of the exterior of the main dwelling house.
As specified in the Covenants, this camping must be performed in equipment commercially manufactured for camping purposes, such as travel trailers, campers and recreational vehicles that are self-contained. “Self-contained” means having on-board sanitary facilities.
The purpose is to allow Property Owners to work on or to supervise work on the exterior of new houses while under construction.
It is acceptable to camp on the site for any number of shorter periods of time if using acceptable camping vehicles during construction.
See Article II, Section 5 of the Covenants.
13. CAR PORTS
Carports are allowed but the area does not count towards the size requirements of dwellings. The Covenants require that carports must have the same style and exterior finish as the primary dwelling.
Carports must also be located within the setback limits on each property .
The Architectural Control Committee must review and approve carports prior to construction.
See Article II, Section 2, 3, 4 of the Covenants.
14. ENVIRONMENTAL INFORMATION
The ENVIRONMENTAL INFORMATION contains many restrictions on the waterfront properties. These include setbacks as mentioned above and affect the locations of wells and septic systems. In addition, there are restrictions on clearing property within a 100-foot buffer from the edge of the water or
any wetlands. Permission is needed from the County for removal of trees larger than 6 inches in diameter and for land disturbance. See Lot Clearing below.
The Architectural Control Committee can assist in evaluating the impact of the Act on building or clearing plans, and in providing copies of documents explaining the Act.
15. CLEARING ACTIVITIES
See Lot Clearing.
16. COMMERCIAL ACTIVITIES
The lots shall be used for residential purposes only, and no commercial use shall be permitted. There is no restriction on “home office” activities
so long as clients or customers do not visit on a regular basis.
See Article II, Section 1 of the Covenants.
17. COMMON STORAGE
One element of common property is the Common Storage Lot located at the end of Buoy Drive between lots 116 and 117. (This Lot is identified as
Lot 109 on the Plat.) The purpose of this lot is to provide a location to store recreational vehicles, boats and utility trailers when not in use on the
owner’s Lot. This Lot must be used unless space permits storage in the back of lots out of view from all roads.
See Article II, Section 10 of the Covenants.
18. CONCRETE BLOCK STRUCTURE
The Covenants state that: “Structures built entirely or substantially of exposed concrete block are prohibited.” Appropriate siding or stucco or
other coatings must be installed over the concrete block. Note: The definition “concrete block” is not limited to blocks made wholly
from concrete but also encompasses other building blocks, e.g. cinder block, etc.
The Architectural Control Committee will review and approve the covering if concrete block us used.
See Article II, Section 12 of the Covenants.
19. CONSTRUCTION COMPLETION TIME
All exterior construction of dwellings must be completed within one year after beginning initial construction.
The “beginning” occurs when the ground is broken for the foundation.
“Exterior construction” means installation of windows and doors and external finish -siding, painting, facing, etc.
The Architectural Control Committee shall request a building schedule from the Property Owner and shall report any violations to the Board of Directors for appropriate action.
See Article III, Section 5 of the Covenants.
20. CONSTRUCTION RESPONSIBILITY
The Covenants state that: “The actual construction of any structure is the responsibility of the Owner of the Lot and the builder. Any permission
granted by the Architectural Control Committee or the Board of Directors or its designated agent, under the Covenants shall not be construed as an
approval, warranty, or guaranty, express or implied of the structural stability, compliance with any applicable law, ordinance or regulation
related to the design and/or construction, or quality of any building or other improvement or of the contractor who constructs such building or other
improvements.”
The Association and the Architectural Control Committee have no construction responsibility or liability for any structure approved by the Committee.
See Article III, Section 4 of the Covenants.
21. CONTRACTOR STRUCTURES
Temporary shelters used by builders or contractors during construction of the main dwelling house are permitted by the Covenants. These structures must be removed prior to occupancy of the dwelling. These may include mobile homes, trailers and R/V’s.
It is required that Property Owners ensure that contractors install, or have installed, portable rest rooms for use during construction.
See Article II, Section 5 of the Covenants.
22. CONSTRUCTION SITE APPEARANCE
All materials or supplies shall be neatly stored at a location not readily visible from the roads, if possible. Excess materials and trash shall be promptly removed from the site. The use of adjoining lots, roads or road right of way or easements for the storage of any building materials, construction equipment, trucks, or for any purpose whatsoever is prohibited. All builders and contractors are required to maintain construction sites in a clean and presentable condition at all times. A clause similar to that above should be included in each construction contract.
See Article II, Section 9 of the Covenants.
23. COUNTY AND STATE PERMITS
County and/or state permits are required in addition to Architectural Control Committee approvals to prove compliance with all state and local building codes, zoning requirements and all other applicable law and ordinances. These permits as well as Architectural Control Committee
approval are required prior to commencing, erecting, placing, maintaining or altering any building, fence, wall, outbuilding, driveway or any other
structure.
See Article III, Section 2 of the Covenants.
24. CULVERTS
Concrete culverts are recommended, rather than metal or plastic where the cover over the pipe is less than 12 inches. VDOT requires metal
pipes to have at least 12 inches of cover and plastic to have 18 inches of cover. The minimum size of pipe is 12 inches. For ditches carrying a
large volume of water, 15 inches or larger pipe is required.
These are VDOT requirements.
25. DRAIN FIELD MAINTENANCE-REMOTE LOTS
Many lots in the subdivision contain easements for remote drain field sites. The surface maintenance of all remote drain fields is the sole responsibility of the owner of the lot that contains the easement for the drain field. This means that once the drain field is installed, the Lot Owner
may not plant anything that may interfere with the operation of the drain field, nor place any structure or driveway on the drain field that may
interfere with its operation.
Naturally occurring plants or Acts of God that may interfere with the operation of the drain field are not the responsibility of the Property Owner that provides the easement. These are the responsibility of the person receiving the easement.
The responsibility for maintenance and installation of force mains and the subsurface components of the septic systems is the responsibility of the user of the system. There are no common force mains. Each property requiring a remote drain field has its own dedicated force main. The user of the system shall remedy failures of force mains or septic systems immediately.
The current plat of the subdivision on file at the Court House indicates the proposed location of all of the remote drain fields. However, the Architectural Control Committee shall coordinate the specific location of the remote drain fields with the owner of the property before approving the
plans of the septic system. It is understood that the final approval of drain field location is the responsibility of the Health Department.
See Article II, Section 17 of the Covenants.
26. EASEMENTS
A fifteen-foot utility and drainage easement is reserved along all roads. Additionally, the current plat of the development on file at the Court House
includes easements for force mains. Northern Neck Electric has recorded easements for most lots and these
easements are described in instruments recorded in the Northumberland County Court House.
Some properties include other types of easements, such as for access driveways.
Property owners should review their deeds and the recorded plats and other instruments to determine the easements on their property prior to submitting construction plans to the Architectural Control Committee.
See Article II, Section 17 of the Covenants.
27. EXTERIOR FINISHES
The Covenants require plans submitted for Architectural Committee review to include “material specifications, to indicate exterior color and
finish.”
The section on Architectural Style, above, describes the requirements for colors and finishes.
See Article III, Section 2 (b) of the Covenants
28. FEES-ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee has the right to charge a reasonable fee for receiving and reviewing each application up to a maximum of $100.00 as stated in the Covenants. The current fee is $25.00 and the Committee may increase these fees as necessary to cover the actual costs of review and administration.
Fees cover such items as making sufficient copies of materials for the Committee to review and mailing costs of materials. Members of the Committee do not receive compensation for their services but do receive reimbursement for any out-of-pocket costs.
See Article III, Section 6 of the Covenants.
29. FENCES
The three items below are the requirements in the Covenants 1. All perimeter fencing must be wood pickets, split rail, stone,
brick or wrought iron or other similar approved materials. 2. Except for enclosing the perimeters of swimming pools, tennis
courts and/or pet enclosures, no chain link fences will be permitted for any use on any Lot. 3. Perimeter fences shall not exceed five (5) feet in height.
Privacy screens are not considered fences. Privacy screens should be limited to 30 feet in length with a height to be as low as reasonable to serve its purpose without interfering with views. A section of a perimeter fence may be a privacy screen.
Decorative “fences” or “walls”, such as often used at the entrance to a Lot, are not considered a fence in the context of this section and, therefore,
are exempt from the height requirements. They are subject to Architectural Committee review as structures.
Also excluded from the definition of fences are seasonal garden fences.
As stated in the Covenants, the Architectural Control Committee prior to the start of construction, must approve all fences, walls, screens and other
structures in writing.
See Article II, Section 19 of the Covenants.
30. FENCES ON HORSE LOTS
Article II, Section 8 of the Covenants requires that “proper fencing” be provided for horses on the horse lots. In addition, the Covenants indicate
that each horse must have at least a fenced half-acre.
Approved materials would include board fences or unobtrusive wire fences or combination wire and board fences not more than five feet in
height.
The Architectural Control Committee prior to the start of construction must approve the proposed fence in writing.
See Article II, Section 19 of the Covenants.
31. FIREARMS
The Covenants state that: “The discharge of firearms on any of the properties of Betz Landing shall not be permitted.”
The Board of Directors is responsible for enforcing this requirement.
See Article 11, Section 20 of the Covenants.
32. FUEL STORAGE TANKS
Storage tanks for any heating fuel, e.g. natural gas, oil or propane may not be visible from the road. Tanks are to be buried or hidden by landscaping, fencing or otherwise approved screening. The Architectural Control Committee shall review plans for concealing fuel
storage tanks.
See Article III, Section 2 of the Covenants.
33. GARAGES
The Covenants state that: “All Dwellings may have an attached or detached garage or an attached carport, which shall be of the same style
and exterior finish as the Dwelling. The garage may be built twelve (12) months prior to the construction of the dwelling for the purpose of storing
building materials and tools.”
This is interpreted as the garage may be completed up to 12 months prior to the start of construction of the dwelling. Note that the main dwelling
must be started within 12 month of completion of the garage and in turn it has completion requirements. (See section on Construction Completion
Time.)
The garage may not be used for living or camping or as a “guesthouse” but only as stated above.
A dwelling having an attached garage does not preclude the Architectural Control committee from approving the construction of a detached garage
on the same property.
See Article II, Section 3 of the Covenants.
34. GUEST QUARTERS
The Covenants state that: “The Architectural Control Committee may permit, on a lot-by-lot basis; the construction of one attached or detached
guest quarters, not to exceed 1,000 square feet in enclosed area. In the event a guest quarters is constructed on any lot, it shall not be rented
except as a part of the entire premises including the main dwelling.”
The first dwelling built on a lot is by definition the primary dwelling, and must meet the minimum size requirement for dwellings as stated in Article
II, Section 2, paragraphs three and four. It is not permissible to build an undersized dwelling and live in it until the full size dwelling is completed.
See Article II, Section 2 paragraph 2 of the Covenants.
35. HORSES AND HORSE LOTS
Lots 2 through 14 are designated as “horse lots” in the Covenants. On these lots, pleasure horses are allowed and the Covenants state: “No
more than one (1) horse per one-half (1/2) fenced acre may be kept on these lots and proper fencing and shelter must be installed before any
animals are permitted to remain on these lots.”
See the sections titled “Fences on Horse Lots” and “Barns and Stables” for descriptions of proper fencing and shelters.
See Article II, Section 8 of the Covenants.
36. HUNTING
The Covenants state that: “Betz Landing is a nature preserve and no hunting or trapping of animals shall be permitted.”
The Board of Directors is responsible for enforcing this requirement.
See Article II, Section 20 of the Covenants.
37. IMPROVEMENTS
Improvements that are subject to these Guidelines and Architectural Control Committee review include, but are not limited to the following:
Buildings: Primary Dwelling and Guesthouse
Building Additions
Fences
Walls
Outbuildings: Garages, Sheds, Screen Houses, and Gazebos
Driveways
Other Structures not listed above
Owners must comply with Article III, Section 2. (a) of the Covenants and have an approved Architectural Control Committee approved construction
plan before work begins. Property Owners who have made improvements without Committee approval must submit requests after the
fact. The Board of Directors will determine follow-up actions, which may include removal of the structure, or fines, after consideration of the Architectural Control Committee recommendations.
See Article Ill, Section 2.(a) of the Covenants.
38. JOHNSON GRASS
See the Section titled “Appearance“.
39. LOT CLEARING
The Covenants state that: “In order to maintain the natural and scenic resources, to promote the conservation of soils, wetlands, woodlands,
beaches, tidal marshes, wild life, game and migratory birds, to enhance open areas and open spaces, to afford and enhance recreational
opportunities and preserve historical sites, the Association preserves the sole right to restrict the clearing, grading, tree removal, or construction
activity which may take place on any Lot.
Before beginning any activity mentioned above, the lot owner shall acquire written consent from the architectural control committee.”
Clearing of underbrush is permitted without Architectural Control Committee approval as is clearing of fallen and dead trees. Variance is automatically given for trees that are in danger of falling and dead trees.
Particularly those that may cause property damage
See Article II, Section 21 of the Covenants.
40. MOBILE HOMES AND TRAILERS
The Covenants state that: “No mobile home, trailer, bus, all metal home or derivative of the foregoing shall be kept;, maintained, or located on any
lot.”
These items may be temporarily stored at the Storage
Lot.
The exception to this requirement is shelters used by contractors during construction as discussed in the section on Contractor Structures, above.
See Article II. Section 12 of the Covenants.
41. NOXIOUS ACTIVITIES
The Covenants state that: “No noxious or offensive trade or activity shall be carried out upon any Lot, nor shall anything be done thereon which
may become an annoyance or nuisance in the neighborhood.”
The Board of Directors shall use the County guidelines for defining noxious activities, which may include noise, burning of trash, or other items, which intrude upon the neighbors in Betz Landing.
See Article II, Section 7 of the Covenants.
42. PLAN REVIEW AND APPROVAL
Requirement for Plans
The Covenants state (with minor editing) that: “No building, fence, wall, outbuilding, driveway or any other structure may be commenced, erected,
placed, maintained or altered on any Lot or combination of contiguous lots, until: (1) the complete construction plans are approved, in writing, by
the Architectural Control Committee; (2) County and/or state permits are issued to prove compliance with all state and local building codes, zoning
requirements, health department requirements and all other applicable laws and ordinances; (3) and, compliance with the minimum standards set
out in this document.”
The sequence in which this is accomplished is up to the Property Owner. It is recommended that approvals of the Architectural Control Committee
be acquired prior to getting the County permits.
See Article III, Section 2 (a) of the Covenants.
The plans shall include the name of the building or structure, complete construction plans, the plat plan, building area calculations and material specifications, to indicate exterior color and finish.
In addition, Lot Clearing activities as discussed above, require submittal of plans prior to construction.
Plans should be submitted directly to the Chairman of the Architectural Control Committee in order to save time. The name and address of the incumbent chairperson is included in each newsletter or can be determined by contacting any member of the Board of Directors. Alternatively, the
plans can be sent to the Architectural Control Committee at P.O. Box 422, Heathsville, Virginia 22473. Three copies should be sent to facilitate the
review along with a check for $25.00 to cover expenses.
See Article II, Section 21 and Article III, Section 2 of the Covenants.
The Architectural Control Committee shall have thirty (30) days after physical receipt of the Plans to accept or reject the same in whole or in part. If no response by the Committee has been made in writing within said 30 days, the Plans shall be deemed to be approved as submitted.
Verbal approval or disapproval is not sufficient.
If the plans are incomplete or require revision to become acceptable, the Committee shall have 30 days from physical receipt of the complete and
final version of the Plans.
See Article III, Section 3 of the Covenants.
After the plans are approved, and after the Committee gives written permission for construction to begin, the actual construction shall be commenced and completed in accordance with the approved Plans, together with the requirements of the Covenants and this document.
The Architectural Control Committee should review the completed construction to be assured the plans and guidance were followed.
Violations should be discussed with the Property Owner and if resolution is not attained, the Committee should report the incident to the Board of
Directors for resolution.
See Article III, Section 3 of the Covenants.
43. RENTING
Dwellings may be rented for private residential purposes. Guesthouses may not be rented except as a part of the entire premises including the main dwelling.
This requirement is intended to prohibit the construction of guesthouses as rental property separate from the main dwelling.
See Article II, Section 1 and Section 2 paragraph two of the Covenants.
44. ROAD MAINTENANCE
Maintenance of the roads in Betz Landing is either the responsibility of the State, or of BlueGreen or of the Homeowners Association, depending on
the specific circumstances. Maintenance is not the responsibility of individual property owners.
However, the Covenants state that: “Each property owner shall be responsible for repair of any damage to roads in the Subdivision, resulting
from the willful or negligent acts of himself or his agents, servants, lessees or employees.”
Each property owner is required by the Covenants “to perform any such repairs at his or her own expense within a reasonable time, but not in
excess of thirty (30) days after written notice of such damages has been sent to the property owner by the Association.”
The Board of Directors shall take appropriate action if appropriate and adequate repairs are not accomplished.
See Article II, Section 18 of the Covenants.
45. SATELLITE DISHES
The Covenants state that: “No satellite dishes or communicators shall be permitted unless concealed from view of all lots, roads and open spaces.”
The Architectural Control Committee prior to erection must approve the design of such enclosures.
This requirement is defined to apply to satellite dishes or communicators larger than 24 inches in diameter, or satellite dishes or communicators of
any size located in open fields when concealed sites are available.
Smaller, unobtrusive dishes that blend with the environment and are placed within the tree lines are excluded.
See Article II, Section 11 of the Covenants.
46. SHELTERS FOR HORSES
See the section on Barns and Stables, above.
The design and location of these structures shall be reviewed and approved by the Architectural Control Committee.
See Article II, Sections 2 and 8 of the Covenants.
47. SIGNS
No signs of any description shall be displayed upon any Lot except for a single sign per Lot, showing Lot number and Lot owner. Lot signs identifying Owner and Lot number shall not exceed 400 square inches.
This restriction specifically addresses real estate signs and other commercial items. The “911” street numbers provided by Northumberland County are excluded from this restriction.
See Article 11, Section 13 of the Covenants.
48. SIZE REQUIREMENTS
The Covenants state that: “No structure, except as defined below, shall be placed, altered, or pem1itted to remain on any lot other than one
detached, single-family Dwelling, not to exceed two and one-half stories in height, and one one-story accessory building not to exceed two-hundred
(200) square feet. Additional accessory building(s) of 200 square feet or more, may be approved on a lot-by-lot basis by the Architectural Control
Committee.
The Architectural Control Committee may also pem1it, on a lot-by-lot basis; the construction of one attached or detached guest quarters, not to
exceed 1,000 square feet.”
Any dwellings located on Lots 41 through 44, inclusive, and Lots 47 through 105 inclusive, shall have a minimum enclosed living area of no less than 1 ,500 square feet exclusive of open porches, basements, decks, garages, carports, and other appurtenances and improvements thereto.
Any dwellings located on Lots 1 through 40, inclusive, Lots 106 through 136 inclusive, and Lots 45 and 46, shall have a minimum enclosed living
area of no less than 1 ,250 square feet exclusive of open porches, basements, decks, garages, carports, and other appurtenances and improvements thereto.
Assuring these requirements are met is the responsibility of the Architectural Control Committee. The Board of Directors has the responsibility to enforce them.
See Article II, Section 2 of the Covenants.
49. SUBDIVISION OF LOTS
The Covenants state that: “No lot shall be further subdivided.”
This also means that if a property owner who owns two adjacent properties chooses to combine them into one property and gets the necessary Northumberland County approvals to do so, that new property can not later be subdivided if the owner wished to do so.
See Article II, Section 6 of the Covenants.
50. TEMPORARY STRUCTURES
No temporary structures of any kind are permitted with two exceptions, (1) shelters used by contractors during construction and (2) camping during
construction. See sections 12 and 21 above.
See Article II, Section 5 of the Covenants.
51. TRAILERS, BUSES AND MOBILE HOMES
The Covenants state that: “No mobile home, trailer; bus, all metal home, or any derivative of the foregoing shall be kept, maintained or located on
any Lot.” During construction of the main dwelling house, temporary use of a trailer for a period of not to exceed 14 days is permitted. However the trailer must by commercially manufactured for camping purposed and must be
self-contained. “Self contained” means having on-board sanitary facilities.
Trailers and mobile homes owned by a Property Owner, and not used for dwelling purposes on the property, may be stored at the Storage Lot or
out-of-sight on the property when not in use.
“Trailers” in this section refers to house trailers.
See Article II, Section, 5 and 12 of the Covenants.
52. TRAILERS, RECREATION VEHICLES (RV’s) AND BOAT’s
Trailers, Recreation Vehicles, and Boats will normally be stored in the Common Storage area when not
in use unless space permits storage in the back of lots out of view from all roads. (see “Common Storage”.)
However, during construction of the main dwelling house, temporary use of a trailer for a period of not to
exceed 14 consecutive days is permitted.
However the trailer must be commercially manufactured for camping
purposes and must be self-contained. “Self contained” means having on-board sanitary facilities.
See Article II, Sections 12 and 5 of the Covenants.
53. YARD LIGHTS
Exterior lights over 25 watts, which are continually and automatically illuminated after dark are prohibited because of the annoyance to neighbors. Security lights that automatically go out after a preset time are recommended.
Complaints about lights should be made to the Board of Directors.