Architectural Review Committee (ARC) Rules
The covenants in each Lake Barcroft deed require that any change, permanent or temporary, to the exterior appearance of one’s property must be approved. Further, once a plan is approved, it must be followed or a modification must be approved in accordance with the covenants.
Legal Functions
The authority of the Lake Barcroft Association (LBA) to control development of the privately owned properties within Lake Bancroft derives from the Restrictive Covenants which are attached to every deed of the lots within the community. This authority has the force of law generally, and more specifically is set forth in the Virginia Property Owners’ Association Act (the “Act”). Specifically, the Covenants state, among other items, as follows:
The land hereby conveyed shall be used only for the purposes of a private, single-family residence and appropriate uses accessory thereto. No building shall be erected thereon excepted a single-family, private dwelling house and garage appurtenant thereto, and no such garage may be erected except simultaneously with or subsequent to erection of the residence.
Further:
No building, fence or other structure shall be erected or altered unless the plans, specifications, including color scheme, and plot plan therefor, are submitted to and formally approved in writing by the Grantor, its successors, or assigns, and copy such plans, specifications, and plot plan, as so approved shall be permanently filed with the grantor, its successors, or assigns, before any work is begun.
The Covenants also prohibit the following: outside toilets, signs, tents, trailers and outbuildings. Residents are also prohibited from living in a garage. LBA is the successor to the Grantor.
Pursuant to Section 55.1-1819 of the Property Owners’ Association Act, LBA’s Board of Directors has the power to establish, adopt, and enforce rules and regulations with respect to use of the common areas and with respect to such other areas of responsibility assigned to the Association by the covenants. The Association administers its review through an Architectural Review Committee. The ARC is composed of a chairperson who is an elected member of the LBA Board and several other members of the community. The committee members share a common interest in architecture and urban design; some members are professionals in this field. In addition to reviewing submitted plans, the members welcome the opportunity to offer guidance and suggestions to all community residents who are considering improvements to their home and yard, even if such considerations are quite preliminary.
General Comment
First, it should be noted that the Restrictive Covenants were written in the early 1950’s when Lake Barcroft was just being developed and at that time, Fairfax County had no zoning ordinance. Some of the concerns when the Covenants were written, such as disallowing outhouses or living in garages, are irrelevant today and other issues that are of concern, are addressed specifically by the zoning ordinance and do not require ARC review. However, the County’s standards are not wholly satisfactory for our circumstances and for these matters, the Covenants give the Lake Barcroft Association legal authority to maintain its own standards.
Second, it is clear from the Covenants that the original intent of the grantor was to establish some standard of quality throughout the development, even though no detailed specifications were set forth. Nevertheless, it is also clear that, after many decades, some architectural precedents have been established which give shape and character to the appearance of the community. Accordingly, the ARC will rely upon this history as a reasonable and objective basis for evaluating the plans submitted to it.
Review Standards
Architectural review will be based on the following.
Positive Elements:
- Preserving the natural beauty of the area, especially the Lake.
- Addition of substantial landscaping to augment this natural charm.
- “Open” plans with a minimum of hard scape elements.
- Harmony of external design. color and location in relation to surrounding structures and topography.
- Invisible fencing, where fencing is desired. for dogs
Prohibitions:
- Fencing for which the applicant has stated no exceptional or unusual need, fences greater than 4 feet in height or fences along the waterfront or in the front yard.
- Unnecessary or impervious paving.
- Harsh or excessive lighting that illuminates other properties.
- Use of bright or garish colors that are not in harmony with existing colors in the neighborhood.
- Any element near the street that diminishes traffic safety.
- Structures of such bulk that light and air (but not sightlines) are blocked out from an adjacent property.
- Extravagant facades with inexpensive materials on the other elevations.
- Structures in the front yard or along the waterfront other than sea walls or docks.
Please Note:
- Structures already approved by the ARC as of the date of these rules and which are not being modified, are exempt from any further compliance.
- Yards abutting streets are considered “front yards.”
While the Covenants do not enumerate every conceivable artifact, the term “structure” is understood to include person-made objects that are readily observable by neighbors and the general public. Bulkheads, sea walls and docks are built upon the submerged land of the lake which is part of the common property of the LBA and is not private property. Accordingly, they are subject to specific requirements and their construction is subject to inspection by Watershed Improvement District (WID) staff. Specifications for these structures are available from the ARC chairperson, the WID office and from the Lake Barcroft Association Manager.
Exceptions: Recognizing that not every conceivable situation can be anticipated, the ARC will consider the reasonableness of any application that specifically requests an exception to any prohibition stated above.
Procedures
Residents can apply for approval whenever they choose, but preferably before they have incurred expense. The ARC will consider “home-made” plans if they contain sufficient information. To apply for approval, an application can be completed on-line at the Lake Barcroft website (www.lakebarcroft.org) or by calling the LBA Manager. An application should include a written description of what is planned, sufficient photographs so that the project can be visualized easily, a plat of the property showing the location of the project and, finally, whatever plans a contractor has prepared (if available). For major projects with numerous sheets, only the plan view, topography (where drainage is an issue), and elevations are generally required.
Quite often construction projects inconvenience neighbors because of contractor traffic, noise, dust and so forth. Accordingly, the ARC requires that applicants advise neighbors of their proposed work and receive written acknowledgment from neighbors that they have seen the plans being submitted. Acknowledgment does not imply approval. Neighbors can offer the ARC any opinion they care to express. Such opinions are not determinative.
If the ARC decides to disapprove an application, the applicant can request that the Board review the application. The Board may hold a special meeting at its earliest convenience as determined by the President, at which time the Board will consider the appeal made by the applicant in person, or by legal representative, and make its decision at that time. The applicant may address the Board orally as well as present written information.
Timeliness: As a matter of policy, the ARC will respond within thirty days of receiving an application. In practice, where, an application is straightforward, the ARC will respond within two weeks. Generally, the ARC will expect a neighbor to respond to an applicant within five days.
Penalties: Penalties for violation of the rules of the LBA are set forth in Section 55.1-1819 of the Virginia Property Owners’ Association Act and include fines, denial of use of common property, as well as seeking relief in the general or district court. Penalties will be determined by the Board on its own or upon recommendation by the ARC chair.