Frontier Air Park Owners Association ACC Recitals and Guidelines - Revised 6-14-2009
The Architectural Control Committee ("ACC") Guidelines below are adopted pursuant to paragraph 8.1 of the Bylaws of the Frontier Air Park Association, a non-profit, Washington corporation ("Association"). Authority to form the Architectural Control and Maintenance Committee derives for the 1982 Declarations of Easements, Covenants, Reservations and Restrictions, Snohomish County Auditor’s File Number 8211160150.
These guidelines are created to foster a community based on shared values of respect, tolerance, and the enjoyment of living in a gated and private non-urban environment where flying and other interests are shared within the membership, and will be enforced except under unusual and exceptional circumstances.
These guidelines apply to all members of the Association within Frontier Air Park, pursuant to the Large Tract Segregation under Snohomish County Auditor’s File No. 8311095001; including those properties upon which the Declarations of Easements, Covenants, Reservations and Restrictions (Snohomish County Auditors File 8211160150) are recorded.
1. Residential Character of Property (Article V)
All lots, except those controlled by the Association for parks, storage or maintenance, shall be used for private family residences. Other buildings, such as garages, barns, guest houses, fully enclosed aircraft hangars, and other usual and appropriate outbuildings, strictly incidental and appurtenant to the Primary Residence, may be constructed on any lot. These other buildings shall conform to all appropriate guidelines except there shall be no size limitations on any structure except the Primary Residence. No hangar or other outbuildings will be allowed to be constructed until the construction of the Primary Residence has begun. Hangar or other outbuilding plans submitted to the ACC will not be approved until construction of the Primary Residence has begun, unless they are submitted to the ACC with a copy of the building permit of the Primary Residence. Nothing in this paragraph is intended to limit incorporating an aircraft hangar or other shop into the Primary Residence so long as the living area of the residence meets the minimum area requirements for the style of the Primary Residence constructed, and the residential portion of the combination building incorporating an aircraft hangar or workshop must be in harmony with the other stand-alone residential homes in the Air Park if the hangar or workshop portion were to be removed. The combination structure must be proportioned such that square footage of the non-residential portion of the building can not exceed 120% of the residential portion and the maximum height of the non-residential portion shall be the same as or less than the residential portion. The combined structure shall conform to all other guidelines for Primary Residences.
2. Primary Residence Size Requirements (Article V)
The finished floor area of a single story Primary Residence shall contain a total living area (not including porches and garages) of not less than 1600 square feet. Residences of more than one story shall have a minimum of 2000 square feet of which the lower level shall not be less than 1000 square feet area. A split entry or split foyer type residence shall have a main floor area of not less than 1250 square feet and a total area not less than 2000 square feet. Conversion of hangar space or workshop space to residential use does not satisfy the minimum square footage requirements for Primary Residences. Each Primary Residence shall have an attached or detached garage with doors no wider than 22 feet, for ingress/egress of vehicles excluding aircraft, and be capable of parking at least two automobiles.
3. Business and Commercial Use (Article V)
No trade, business, profession, commercial or similar activity of any kind shall be conducted on any lot, unless (1) it is a "permitted use" under the applicable Snohomish County zoning code, (2) it is conducted within a fully enclosed building and (3) it does not create unusually high levels of audible or electronic (radio interference) noise, vibration, smoke, dust, odors, heat, light, or glare. Furthermore, no goods, equipment, vehicles, materials or supplies used in connection with any trade, business, profession, commercial use or similar activity shall be placed or stored on the lot except within a fully enclosed building. The above mentioned trade, business, profession, commercial or similar activity shall not result in any significant levels of increase in traffic (greater than that resulting from members invited guests and/or delivery service) within the Air Park.
4. Offensive Activities (Article V)
No obnoxious or offensive activity shall be carried on or upon any lot, nor shall anything be done thereon which impinges on or jeopardizes any owners’ quiet use and enjoyment of their property.
5. Vehicles in Disrepair (Article V)
No owner shall permit any vehicle which is plainly visible from the street or taxi way and is in a state of disrepair to remain parked outside on any lot or on any street for a period in excess of forty-eight hours. A vehicle will be deemed to be in a state of disrepair when it is not operable in its then present condition. Any vehicle in a state of disrepair and plainly visible for more than forty-eight hours will be subject to administrative penalties in accordance with the Enforcement provisions of these guidelines. Aircraft may be parked outside whether they are airworthy or not. Incomplete aircraft and/or aircraft structural parts are considered to be a visual nuisance to the neighborhood and must be shielded from view.
6. Parking (Article V)
No boats, commercial vehicles or powered machinery, such as trucks, vans, trailers of any kind, campers, recreational vehicles such as motor homes, camping trailers, semi-trailers, off road machines and individual watercraft and like equipment shall be parked on a regular or continual basis (defined as more than seven days), unless they are contained within an attached or detached fully enclosed building. Outside parking of such vehicles shall be allowed on any lot provided no portion is visible from any road, taxiway or neighboring Primary Residence. Vehicles and equipment in disrepair will be considered to be a visual nuisance to any adjacent lot due to their deteriorating exterior condition. Requests for exceptions to these parking restrictions may be made in writing to the Board of Directors . Such requests will be evaluated by the Board and a written response will be made within 7 days.
7. Rubbish and Trash (Article V)
No lot shall be used as a dumping ground for rubbish or trash of any kind. No unused building materials, junk, rubbish or other materials may be left exposed or covered by tarps or the like on any lot except during actual active building operations. A grace period of up to eight months after completion of building operations can be authorized by the ACC to accommodate conditions beyond the lot owners control, such as weather conditions and activities by third parties.
8. Environmental Protection (Article V)
No environmentally hazardous materials, chemicals or other substances, such as paints, petroleum products, or poisons, etc. shall be deposited or disposed of on any lot. Every owner shall make all reasonable efforts to preserve and protect local wetlands, water quality, wildlife and green belt areas and easements.
9. Structures (Article V)
No temporary structures such as travel trailers, motor homes and portable modular buildings may be placed on any lot.
10. Landscaping and Fences (Article V, VI)
Basic front yard landscaping, consisting of finished grading, grass and/or shrubbery at a minimum, must be completed within one year from date that the Primary Residence exterior is finished per Paragraph 11 below.
The basic landscaping must be performed on grounds that have exposure to all streets, taxiways, and runway which are adjacent to the lot. Lots that have grades that are incompatible with grass and plantings must still be groomed to the extent that wild berries and other vine or rhizome propagated plant life is controlled. Leaving the frontage in un-managed growth is unacceptable.
Fences shall be in harmony with existing designs within the community and not detract from the appearance of the neighborhood. Barring unusual and exceptional circumstances, ACC approval to construct fencing is automatically granted so long as the fence in is compliance with the above stated conditions and the fence is outside any easement for ingress/egress, utilities, drainage, and taxiing of aircraft. Fences must be maintained in good repair and appearance.
Drainage swales shall be maintained sufficiently free of vegetation to allow free flowing water.
11. Completion of Construction (Article V, VI)materials provided they are color coordinated. All attempts should be made to blend other structures with the Primary Residence and be in harmony with the surrounding environment.
All construction projects shall be actively and continuously pursued from commencement of construction until all exteriors thereof are completed and painted and convey the appearance of a completed building. The exterior of the Primary Residence shall be completed, including painting within twelve months of commencement of construction. All exterior renovations, remodels and additions shall comply with Paragraph 1. above and all other restrictions called out in these Guidelines. Commencement of construction is defined as the date of issuance of the building permit by the County. These time limits can be extended under exceptional and/or extraordinary conditions to be determined by the Board of Directors or ACC. Any extension granted does not imply or implicitly confer an extension to the time limits for completion of driveways and landscaping.
12. Driveways (Article V, VI)
All driveways and hangar aprons and any other access fronting on a paved road or common taxi way and mail box turnouts must be of asphalt or concrete material extending from the edge of the roadway or taxi way for a distance of at least ten feet. This paving must be completed within one year from the date that the Primary Residence exterior is finished per paragraph 11 above. Grass is acceptable as a hangar apron provided the surface is firm and does not degrade the edge of the road/taxiway.
13. Maintenance of Structures and Grounds (Article V)
Each owner shall maintain his lot and structures thereon in a clean and attractive condition, in good repair and in such a fashion as to not create a fire hazard or visual nuisance to the neighborhood. Areas other than the minimum front yard landscaping can be left in native growth but they must be free of debris piles.
14. Taxi-way Obstruction Clearance (Article V, VI, VIII)
Each lot owner shall maintain an Obstruction Clearance Zone of at least 25 feet laterally from the center line of the easement upon and over which any common use roadway or Air Park taxi way adjoining his lot lies. For those instances where the easement contains both a vehicle roadway and a dedicated taxiway, the lateral obstruction clearance zone shall be 25 feet from the center of the surfaced taxiway or to the nearest easement edge, whichever is least. This Obstruction Clearance Zone shall contain no obstruction higher than 20 inches above the height of the taxi way. The Architectural Committee may approve exceptions for necessary items such as mailboxes and transformers. This obstruction restriction has no effect on private property lying outside the Association easement.
15. Damage Due to Construction Activities (Article V)
Each lot owner is responsible for any and all damages to roadways, taxiways, and ditches or any other damage resulting from construction activities associated with their property. Each lot owner is also responsible for regular cleanup of the streets, taxiways, and ditches as a result of construction activities.
16. Exterior Materials (Article V, VI)
All roofing materials shall be cedar shingle, shake, tile, simulated composition shake, 20 year or more Architectural grade asphalt shingles, non-glare metal or other similar quality construction materials. The Primary Residence siding materials shall be beveled or grooved siding, vinyl, masonry, log, or other similar quality construction materials. Plywood such as T-111 or other sheet goods are not allowed for use on the Primary Residence or on Primary Residences with incorporated hangars or shops. Other structures may be of different
17. Architectural Control Committee Approval (Article VI)
No building shall be erected, placed, or altered, on any lot until the building plans, specifications, and plot plan showing the location of such building have been submitted to the Architectural Control Committee (ACC) in writing, reviewed by the ACC for compliance with these Guidelines and approved in writing by the ACC. The review process will also evaluate the proposed project as to its conformity and harmony of external design and quality of construction. The review process must be completed within 60 calendar days after the applicant submits the materials specified on the Architectural Review Request form. The review period is not deemed to start until all required material is submitted to the ACC. In the event the ACC fails to respond to the applicant within 60 calendar days after plans and specifications have been submitted, this approval requirement will not be required and the applicant shall be deemed to have been fully complied with the review requirement. The ACC will not approve any plans submitted by Association members who are not in compliance with the ACC guidelines and/or the Declarations, except under exceptional and/or extraordinary conditions to be determined by the Board of Directors or ACC.
18. Severability and Conflict of Documents (Article IX)
These Guidelines shall be liberally construed using common and ordinary meanings of the words through out the entire document intending to accomplish the purposes stated earlier and of our Bylaws and Declarations of Easements, Covenants, Reservations and Restrictions. Each provision of these Guidelines shall be deemed independent and severable from all other provisions in the Guidelines, and the invalidity or partial invalidity of any provision shall not affect the validity or enforceability of the remaining part of that or any other provision.
All captions used herein are intended solely for convenience of reference and shall in no way limit any of the provisions of these guidelines.
C. EASEMENT MAINTENANCE
ANDSCAPE MAINTENANCE OF COMMON AREAS
The common areas of Frontier Air Park are those portions of lots that are immediately adjacent to paved roads and taxiways or between the paved roads and taxiways within the Air Park. These roads, right-of-ways and taxiways are easements granted to Frontier Air Park Owners Association for the unrestricted use of members and guests of the Air Park.
The Association is responsible for specifying and implementing guidelines for maintaining common areas by order of the Superior Court of Snohomish County on April 12, 2004, under the authority of Section 7.1(d) of the Bylaws of the Frontier Air Park Owners Association, and under the authority of section 64.38.025 of the Revised Code of Washington.
The lot owner, preferably, or by voluntary efforts of the neighboring property owner or by labor hired by the Association will maintain the common areas in accordance to these guidelines. If the lot owner refuses to maintain the common areas in accordance to these guidelines, then the Association may perform the maintenance or hire labor to perform the maintenance and charge the lot owner a reasonable fee or the costs incurred plus any costs to secure payment of same. All other powers of the Board of Directors may be brought to bear as necessitated by individual situations.
The common areas may contain the following landscaping:
a) Grass. Common areas are to be landscaped in grass suitable for a lawn maintained to a length consistent with the adjoining lawns;
b) Shrubbery. Shrubbery plantings maintained to not exceed twenty inches in height;
c) Stone. Stone, round or crushed, over graded ground and maintained to a weed free status
d) Combination. Combinations of the above landscaping are permissible. The lot owner will maintain these areas to be free of weeds, trash, dead plant life or other discarded materials, whatever their source and nature. Native growth plant life in drainage ditches adjacent to roads and taxiways shall be maintained to a height of six inches or less. Garish, obscene, confrontational and or unbecoming constructions or objects, including signage, will not be permitted.
Street number, street name and residents name constructions compatible with the above standards are allowed.
In case of a conflict between governing documents, the following priority shall be assigned:
1. Declaration of Easements, Covenants, Reservations and Restrictions (AF 8211160150)
2. Articles of Incorporation
3. Association Bylaws
4. ACC Guidelines