1. Residential Building.
1.1 No building shall be erected, placed or permitted to remain on any Lot other than one (1) detached single-family dwelling and attached garage. Notwithstanding the foregoing, buildings and structures accessory to the use of the family occupying the dwelling may be erected on the Lot upon approval by the Architectural Control Board (ACB) provided that any such accessory buildings do not furnish residential accommodations for an additional family.
2. Building Lines.
2.1 No structure shall be constructed on any lot closer to the lot lines shown on the Site Plan approved by the City of Parkland, Sheet No. SP-___________, unless approved by the ACB.
3. Building Height.
3.1 The dwelling on each Lot shall not exceed thirty-five (35) feet in height and shall not contain more than two (2) stories.
4. Minimum Floor Area.
4.1 Each dwelling located on a Lot shall contain not less than 1700 square feet of livable enclosed floor area exclusive of garages and open or screened porches, terraces or patios.
5. Construction Quality
5.1 All dwellings shall be constructed in conformity with the South Florida Building Code and all ordinances of the City of Parkland, Florida.
6. Exterior Treatments.
6.1 Stucco, decorative block, wood, brick and stone shall be allowed as exterior treatments. The use of any type of material other than the foregoing or such use of more than two (2) materials (other than roof material and glass) shall not be permitted unless specifically approved by the ACB.
6.2 The front elevation material treatment shall have reasonable continuity on the side and real elevations.
6.3 All finished materials and color plans shall be submitted for approval by the ACB.
7. Roofs.
7.1 Flat roofs may be permitted over Florida rooms, porches, patios and terraces if specifically approved by the ACB. There shall be no flat roof on any other part of the building unless the ACB determines that such flat roof is part of an overall acceptable modern or contemporary design. No built-up roof shall be permitted on pitched surfaces.
7.2 The composition of all pitched roofs shall be tile, slate or concrete. The roof pitch on pitched roofs shall not be less than 4.9/12 unless otherwise approved by the ACB.
7.3 Roof materials may not be in the following colors: green, purple, yellow or red (other than terra cotta tiles or Mediterranean or Spanish design). The color of all tile roofs must be approved by the ACB.
8. Garages.
8.1 Unless otherwise specifically approved by the ACB, no garage, tool shed or storage room may be constructed separate and apart from the dwelling. Each dwelling shall have a private and enclosed garage for not less than two (2) and not more than three (3) vehicles.
8.2 Garage doors shall be operated by any electric door opener and with the exception of a garage being temporarily accessed, the garage doors shall remain closed at all times.
8.3 No carport shall be permitted unless otherwise specifically approved by the ACB as being part of the total design, which contributes to the aesthetic appearance of the dwelling.
8.4 No garage shall be permanently enclosed or converted to other use without the substitution of another garage on the Lot meeting the requirements of this Declaration.
8.5 All garages shall have a minimum width of twenty (20) feet for a 2-car garage or thirty (30) feet for a 3-car garage measured from the inside walls of the garage. Garages shall have either a single overhead door with a minimum door width of sixteen (16) feet for a 2-car garage or in the alternative, two or three individual overhead doors each having a minimum of eight (8) feet in width.
9. Driveways.
9.1 An owner shall repair in a neat and orderly fashion any and all roadways broken in construction of a driveway entrance. No ribbon driveways shall be constructed. For the purpose of the restrictions, the term “ribbon driveway” shall mean two (2) paved driving lanes separated by an unpaved area. No asphalt driveways shall be permitted.
10. Swimming Pools and Hot Tubs
10.1 All swimming pools constructed on a Lot shall be composed of materials specifically approved by the ACB. Above ground swimming pools shall not be constructed on any Lot. Above ground hot tubs must be specifically approved by the ACB.
10.2 The Lot Owner is responsible for repairing and restoring any lawns, landscaping, irrigation system components, curbing, roads, lot drainage and swales (to the original construction specifications), damaged as a result of constructing pools on their lot.
10.2.1 The Lot Owner shall post a $500.00 road cleaning and or repair deposit at the
time of application for ACB approval. The deposit will be held in the Associations Reserve Account during the construction of pool and any other construction projects. The deposit, less road cleanup or repair costs if any, will be refunded to the Lot Owner upon satisfactory completion of the project.
10.3 The Lot Owner shall be responsible for maintaining a “mold free” appearance of the swimming pool surface and pool decking.
11. Recreational or Ancillary Facilities
11.1 All recreational facilities, including, without limitation by specification, swimming pools, and any other play or recreational structures including platforms, playhouses, doghouses, or other structures of a similar kind or nature (collectively referred to herein as “recreational facilities”) and any patio, screening or other improvement constructed or used in connection therewith, whether on a Lot on which a dwelling is located or on an adjoining Lot purchased for the construction of any such recreational facility, shall be adequately walled or fenced and landscaped in a manner specifically approve by the ACB, and in accordance with ordinances of the City of Parkland, Florida, so as to provide a buffer from adjacent dwellings and prevent the general viewing thereof.
11.2 No lighting of a recreational facility shall be permitted unless specifically approved by the ACB.
11.2.1 Lighting of a recreational facility shall be designed so as to buffer the surrounding dwellings from such lighting.
11.3. Basketball backboards. All requests for basketball backboards must submitted to and approved by the ACB.
11.3.1 One basketball backboard per lot may be installed on the side of a driveway at least 20 feet from the street blacktop and within one foot of the edge of the driveway.
11.3.2 The post must be metal and painted or vinyl clad or anodized aluminum.
11.3.3 No wooden backboard is allowed.
11.3.4 No basketball backboard may be attached to the structure (home).
11.3.5 The basketball goal, backboard and post must be kept in good condition. For example, goal must have a net; no broken, faded, cracked, peeled paint or rusty goal, backboard or post. Also, any other disrepair must be corrected.
11.3.6 The basketball goal may be used between 9:00 AM and 8:00 PM daily.
12. Landscaping.
12.1 A landscaping plan for each Lot shall be submitted to and approved by the ACB. No artificial vegetation shall be permitted on a Lot outside of the dwelling. No structure, planting or other material shall be placed or be permitted to remain on a Lot which may damage or interfere with the elevation or slope of the surface of the Lot, create erosion or sliding problems, change the direction of flow of drainage channels or obstruct or retard the flow of water through drainage channels.
12.2 The entire Lot and any portion between the street pavement and the front lot line of a Lot shall be irrigated and maintained by the Owner of the respective Lot.
12.3 Sod shall be required on the entire Lot, other than structure, tree and shrub planting and driveway areas.
12.4 Each Lot shall have installed an underground irrigation system capable of irrigating regularly and sufficiently all lawn and plant areas of the Lot and the right-of-way area in the front of the Lot between the paving and the Lot lines. All landscape planting plans must conform to the standards set by the Terramar Community Guidelines.
12.5 Landscape irrigation systems installed on Lots adjacent to lakes or bodies of water shall not use floating devices or exposed suction line piping in order to draw water from said lakes.
12.6 All required landscaping irrigation and street trees shall be installed, working and in good order and condition upon the issuance of a certificate of occupancy in City of Parkland, Florida.
13. Trees.
13.1 No tree greater than three (3) inches in diameter and measured four and one-half (4.5) feet in height above the natural grade of the Lot shall be cut or removed without the specific prior approval of the ACB. The ACB may require that any such trees, within a construction zone, removed from the Lot, be replaced with one or more similar type of tree (hardwood or softwood) with the combined equivalent diameter (in inches) of the tree removed. The replacement tree must be planted on the Lot or within the Common area at the expense of the respective Lot Owner.
14. Non-Interference with easements.
14.1 No structure, planting or other material shall be placed or permitted to remain on a Lot which may damage or interfere with the installation and maintenance of utilities or drainage facilities located in a utility and drainage easement shown on any Plat or the installation of any fence, wall, hedge, planting, tree or other improvements or landscaping located on a non-access or screened fence easement on a Lot.
14.2 The easement area located on each Lot and all improvements thereon shall be maintained continuously by the Lot Owner except for those improvements the maintenance of which is the responsibility of a public authority or private utility.
15. Utility connections.
15.1 Connections for all utilities, including, but not limited to, water, sewer, electricity, telephone and television, shall be run underground to the building structure in such a manner as is acceptable to the respective utility authority or company and the ACB.
16. Individual water supply
16.1 No individual drinking water supply system shall be permitted on any Lot. An irrigation plan for each Lot that uses an adjoining lake for water shall be submitted to and approved by the ACB. No PVC piping or float devices shall be visible on the lake and all piping shall be set at a minimum depth of one foot below the set lake elevation.
17. Individual sewerage disposal system.
17.1 No individual sewerage disposal system shall be permitted on any Lot.
18. Air conditioning units.
18.1 No window or wall air-conditioning units shall be permitted on any Lot. Compressors and fans for central air-conditioning systems, which are located outside the exterior of a building, shall be partially walled or fenced and landscaped in accordance with the ordinances of the City of Parkland, Florida, to prevent their being viewable from any street and to prevent unreasonable noise.
19. Mailboxes.
19.1 Each Lot on which a residence has been completed as evidenced by issuance of a certificate of occupancy shall have upon it a mailbox, installed by the Developer. One standard mailbox shall be approved for use in the subdivision and all lots shall use the standard mailbox.
19.2 The Association shall be responsible for maintaining and/or replacing the standard mailbox and numbers, as may be required.
20. Awnings.
20.1 No awnings, canopies or shutters, including hurricane or storm shutters, shall be attached or fixed to the exterior of any building unless such awnings, canopies or shutters have been approved by the ACB except for hurricane emergency situations.
21. Antenna and Aerials.
21.1 No antenna or aerials shall be placed upon any Lot or fixed to the exterior of any building and no antenna or aerial placed or fixed within a building shall extend or protrude beyond the exteriors of such building without the prior approval of the ACB.
21.2 No satellite dishes greater than 1 meter in diameter shall be placed on any Lot without the prior approval of the ACB.
22. Clothes Drying Area.
22.1 No clothing, laundry or wash shall be aired or dried on any exterior or outside portion of any Lot in an area exposed to view from any other Lot consistent with Section 15, Page 22, of this Declaration.
23. Signs.
23.1 The size and design of all signs located on a Lot shall be subject to the approval of the ACB and consistent with the ordinances of the City of Parkland, Florida. No sign of any kind shall be displayed to general view on any Lot except under the following circumstances:
23.1.1 Directional or traffic signs installed by the appropriate governmental authority.
23.1.2 Entrance or other identification signs as installed by the Association.
23.1.3 Lot Owners shall not display any sign or any character indicating that a dwelling or Lot is for rent or for sale upon the Lot or Common area. However, an Owner may, at any time that he or a designated representative is in attendance, display a sign not exceeding five (5) square feet, approved by the ACB, outside the Project entrance gates displaying the words “Open House” and a name and address plate in size approved by the ACB. During this time, the Lot Owner may place a 3” by 5” or smaller card indicating the words “Open House” and the three (3) digits Name code on the Entrance Call Box.
23.1.4 Lot Owners may display one “For Sale” or “For Rent” with a nameplate and telephone number plate in a sign not exceeding five (5) square feet and design approved by the ACB within a window of the dwelling.
24. Temporary Structures.
24.1 No structure of a temporary character, whether a trailer, tent, shack, garage, barn or any other such building shall be placed on any Lot; provided, however, the ACB may in its sole discretion grant permission and specify locations at which construction facilities, temporary storage or outbuildings may be located upon the Project.
25. Completion of construction and repairs.
25.1 The construction of any new building or the repair of any building damaged by fire or otherwise shall be completed with reasonable promptness.
25.2 Any such construction shall be completed within a period of six (6) months and any damaged debris shall be removed from a Lot within one (1) month.
26. Fencing.
26.1 With the exception of those Lots, which are adjacent to a canal, fences intended to separate one property from another shall be:
26.1.1 A white aluminum railing type.
26.1.2 Vertical post members shall be more than ten (10) feet apart.
26.1.3 The top rail shall be a maximum height of forty-eight (48) inches.
26.1.4 There shall be a top and bottom horizontal rail.
26.1.5 There shall be a minimum of one gate no less than forty-two (42) inches.
26.2 Privacy walls to a maximum height of seventy-two (72) inches or fencing may be used to surround pool areas and seclude certain portions of a dwelling.
26.3 Prior to the construction of any fence or wall, a fencing plan must be submitted and approved by the ACB.
27. Minimum floor elevation.
27.1 The minimum floor elevation of all buildings shall be the greater of 1.5 feet above the crown of the road or +/- 16.5 feet mean sea level as required by the South Florida Water Management District.
29 Miscellaneous rules.
29.1
Any Owner who desires to construct an improvement or structure of any
kind on his Lot shall submit two (2) ) complete sets of signed and sealed
plans and specifications and samples of proposed building materials to the
Architectural Control Board (ACB).
29.2 All approvals by the ACB shall be subject to further approval by Terramar Community Association, Inc.
29.3
The exteriors shall be consistent with the theme adopted by the
Developer. In keeping with the developer’s original theme, all trim,
windows, doors, lights, fences and enclosures are white.
All changes to the above still require prior ACB approval.
29.4 With the exception of those Lots, which are adjacent to a canal, no metal chain link fences are permitted. All walls shall be concrete block and stucco.
29.5 The following plant material shall not be planted in the Project
29.5.1 Melaleuca Leucadendron (Cajeput tree)
29.5.2 Casuarina Equistetifolia (Australian Pine)
29.5.3 Schinus Terebinthilolius (Brazilian Pepper)
29.5.4 Wedalia Trilobata (Wedalia)
29.5.5 Acacia
29.6 Except when placed in front for pick-up, no garbage container shall be visible from any street.
29.7 Vehicle Operation and Parking.
29.7.2. No vehicles shall be permitted park at the community pool overnight.
29.7.3 Operation of unlicensed motorized transportation within the community. With the exception of a “work cart” (defined as a motorized vehicle designed for general maintenance, security, landscaping and property inspection purposes), the operation of a golf cart, go-peds, mini-bikes and go-carts on the streets or sidewalks of this community is prohibited. A “property management company employee” or a “board member” in the performance of their duties or assigned tasks may operate the “work cart”
29.7.4 Driving upon sidewalk or bicycle path. No person shall drive any vehicle other than by human power upon a sidewalk or sidewalk area as stated in F.S. 316.1995.
29.8 Lot maintenance and upkeep.
29.8.1 Lot Owners shall provide exterior maintenance and repair for their building as follows: remove mold, mildew and stains from exterior surfaces to include walls, roof, driveway, entry walk patio decks; paint entrance doors, garage doors, fences and exterior building surfaces.