ARC Rules revised effective May 16, 2023

Definitons:

• Common Elements are all portions of the Nassau Grove Common Interest Community (land, buildings, improvements, apparatus, and installations) owned by the Homeowners Association (HOA) and accessible to all homeowners.
• Limited Common Elements is that portion of the Common Elements allocated in the Declaration and identified on the Unit Plot Plan for the use and benefit of the Unit intended to be served to the exclusion of all other use.
• HOA Irrigation Company: the company with whom Nassau Grove HOA has a contractual relationship for irrigation maintenance. The current irrigation company is Shore Property Management.
• Deck & Patio Railings: guardrail comprised of balustrade and spindles.
• Privacy Screen: a sight-obscuring barrier erected on a deck designed to screen the area behind it from observation by persons outside its perimeter and when necessary to comply with Sussex County Building Code, act as a guard to prevent falling off a deck.

Homeowner Responsibilities:

1. Start no additions and/or modifications to the exterior of the house without ARC approval, except for the items listed in A. Changes Permitted Without ARC application.
2. Comply with all governing documents including the Declaration, Code of Regulations and ARC Rules when changing, improving or modifying the exterior of the home.
3. Use materials, colors and styles like the materials, colors and styles used on the house and elsewhere in the community for all proposed changes.
4. Contact Miss Utility (underground locator service) before excavating.
5. Ensure area is flagged by all utilities before excavation begins.
6. Remove unused excavated materials from Nassau Grove property.
7. Contact Nassau Grove irrigation company to discuss impacts of excavation to the irrigation system and have sprinkler heads relocated as necessary.
8. Pay all expenses associated with moving or modifying existing irrigation system.
9. Pay for any costs associated with remedying issues associated with the improvements or modifications when they conflict or interfere with the irrigation system (i.e. water hitting the improvement or modification, inadequate watering of common areas, etc.).
10. Ensure compliance with all Sussex County codes, regulations, and laws.
11. Obtain the necessary permits and legal documents required by Sussex County and/or other governing authority prior to work starting. Sussex County permit information is available here. Additional information for decks and screen porches is available here; scroll to “Decks over 30” – Open/screen porches.”
12. Assume responsibility for site clean-up, quality of workmanship, damage to other homeowners' or association property and future maintenance of improvements.
13. Replace disturbed or damaged grass and return the yard and landscaping to its original condition within 30 days of work being completed.
14. Store materials and equipment in the house driveway. NOTE: no materials, including removed materials, or equipment may be stored on landscape or grass areas.
15. Ensure improvements are constructed in conformity with applicable rules and regulations of applicable governmental agencies.
16. Ensure a minimum 40 feet is maintained between structural components of buildings. A resident may only build out so far as their neighbor can build equally as far, to maintain 40 feet between structures.
17. Submit additional ARC application for any changes to originally approved applcation. 
18. Ensure all approved construction is started within six months of approval date. NOTE: if construction is not started within six months of approval date, a complete ARC application must be resubmitted for reconsideration
19. Ensure all work is completed within 60 days of start of construction.
20. Ensure security lights installed on rear of house do not shine into neighbor's windows or doors or onto decks or patios.
21. If homeowner if performing construction, they they mus sign the Homeowner-Contractor Responsibility form as the contractor.
22. Notify the Architecture Review Committee via email confirmed the start date and completion date of tehir project and any delays incurrred during construction that extends the planned date beyond that approved by ARC.

Guidelines:

A. Changes Permitted Without ARC Application:

1. Hose racks.
2. Exterior porch fans.
3. Garage door opener pads mounted on garage door jamb.
4. Post mounted solar caps or low voltage lights on deck posts.
5. Motion detector or dawn-to-dusk security lights installed on the rear of houses. Note: lights must not shine into neighbors' windows or doors or onto neighbors' decks or patios.
6. Placing hanging decorative items on porches, decks, or screen porches covering less than 12 square feet of exterior wall.
7. Gutter and/or downspout modifications that match existing gutters/downspouts to eliminate water hazards or icing conditions.
8. Radon exhaust with white PVC piping.
9. Split air conditioners located on same side of the house as current air conditioner with white PVC specially made to cover piping and conduit.
10. Replacement air conditioning units of a similar color to the unit being replaced (i.e., gray, olive, tan or brown).
11. Repainting due to wear, provided color is the same color/tone as original or matches other trim colors in Nassau Grove.
12. Painting additional exterior wood elements to match with current trim color.
13. Flower boxes on front porch or deck railing filled with living plants and flowers. Size of the flower boxes is subject to review and approval by the Landscape Review Committee (LRC).
14. Trellis planters on a deck or patio, not permanently attached to the deck or railing.
15. Installation of a trellis adjacent to house -- see Landscape Review Committee (LRC) Rules
16. Replacement of outdoor lighting fixtures provided they do not exceed 2 square feet and are black, nickel, or of the same color installed by builder throughout the community.
17. House numbers no larger than 4 inches in height and width and comply with Sussex County 911 law.
18. Railings added to front porch or steps of the same type, profile and color as installed in the community (white aluminum).
19. Installation of black or brown attic fans on the rear roof with dimensions that do not exceed 3 feet X 3 feet (square or rectangular fan) or 3 feet in diameter (circular fan).
20. Installation of ground mounted or deck fascia mounted satellite dishes, maximum 1 meter, installed no more than 3 feet from house.
21. Replace existing glass in entry doors and sidelight panels with frosted/decorative glass.
22. Add zinc or copper strips along roof ridge to prevent mold and algae on roof.
23. Installation of hot tub on deck or patio provided Sussex County regulations are followed.
24. Installation of electronic pet fence on Limited Common Elements at the rear of units.
25. Installation of smart doorbell with camera and microphone.
26. Storm Doors:
    • Full view or retractable white doors or doors that match the color of the main door with one lite (removable) clear or frosted glass panel or two lite (self-storing/retractable) clear or frosted glass panels. Vertical members are limited to door edges.
    • Horizontal members are limited to top, bottom and one intermediate member.
    • Maximum face width of vertical members is 5 inches.
    • Maximum width of top and bottom horizontal members is 5 inches.
    • Maximum width of intermediate horizontal member is 3 inches.
    • Clear or frosted glass panels may have beveled edges around glass perimeter.

B. Changes never permitted:

1. Solar panels.
2. Roof mounted (through roof soffit, facia, or asphalt shingles) satellite dish.
3. Fixed or retractable awnings at windows or doors.
4. External TV or radio antenna.
5. Air conditioning units in designer colors or colors other than gray, olive, tan or brown.
6. Window air conditioners.
7. Artificial plants or flowers in flower boxes.
8. Fences not listed in A. Changes Permitted Without ARC Application: or in C. Changes Permitted Following Approval of ARC Application.
9. Installation of electronic pet fences on Common Elements or Limited Common Elements in front of or on side of units.

C. Changes Permitted Following Approval of ARC Application: 

1. Changes to the original siding and/or trim color/tone.
2. Roof replacement when material, color and/or quality of construction are not the same as current roof.
3. Installation of gable fans, skylights or solar tubes.
4. Installation of attic fan on the front or side roof, or not brown or black, or exceeds permitted dimensions of 3 feet X 3 feet' (square or rectangular) or 3 foot diameter (circular).
5. Installation of satellite dish more than 3 feet from house because adjacent landscape and/or physical structure interferes with satellite signal reception.
6. Installation of retractable awnings at decks or patios.
7. Patio stone walls not to exceed height of 36 inches on the interior side of the wall measured from the base of the patio. Exception: a maximum 42-inch height is allowed for up to 25 percent of patio wall length to accommodate grills, under counter refrigerators and bar/tabletops. Exterior finished turf area grade must be such that it is maintainable by the landscape company without damage to turf
8. Installation of outside mounted cameras, subject to the following:
   • Cameras will only view and record homeowner's Limited Common Elements (main entrances, driveway, rear or side yard). The right and expectation of privacy of neighbors cannot be violated.
   • Fixed only camera, no pan or tilt.
   • No roof mounting. Mounting under fascia on the soffit is ideal. Cameras must be as unobtrusive as possible.
   • Dome housing or similar is preferred. Visible cables are not permitted.
   • Camera housing must not exceed 6 inches and must be white or blend with the surrounding surfaces.
9. Split air conditioners not located on the same side of the house as current air conditioner or where white PVC will not be used to cover piping and conduit.
10. Modification of piping for the sump pump, when necessary, may be located at grade, adjacent to the house foundation, directed to flow towards the Nassau Grove storm water system or may be under ground and be connected to the Nassau Grove storm water system. Under no circumstances should water flow on to neighbor's limited common area.
11. Installation of a deck, provided:
    • Composite Decking color will be gray, borwn, tan, or a color that complements siding. If deck color will not be gray, brown, or tan, a color picture of the decking must be included in the application.
    • Fascia Boards will be vinyl or composite material in white or a color to match or complement the decking color. If white is not used, a color photo of the material must be included in the application.
    • Balusters, Railings, and Spindles will be vinyl or composite material in white or a color that matches or complements the decking color.
    • For each non-white item, a color photo of the material must be included in the application.
    • Deck Skirting Materials and Styles: Lattice or solid boards (vinyl or composite) will be white or a color that matches or complements the decking color. Lattice will be either 1-inch X 1-inch or 2-inch X 2-inch square or diamond grid pattern. Solid boards will be installed in a horizontal or vertical pattern no higher than 42 inches. If white is not used, a color photo of the material must be included in the application
12. Installation of solar shingles.
13. Installation of outdoor lighting not black, nickel, or the same color as installed by builder throughout the community.
14. Installation of storm door other than detailed in A. Changes Permitted Without ARC Application.
15. Installation of a privacy screen on a deck, provided:
    • The height does not exceed 6 feet.
    • Total width does not exceed 12 feet.
    • Is made of white PVC or vinyl.
    • Has 1 inch minimum openings between the vertical boards (pickets) and 10-14 inches at the top of the screen is lattice or spindles.
    • Installed on only 1 side of deck.
    • If the privacy screen will replace existing deck railing, the materials to be installed meet the Sussex County requirements for safety and to prevent falling off the deck.
16. Temporary installation (up to 3 months maximum per calendar year) of pet barrier/fence on patio, provided the height does not exceed 42 inches. Each new installation of a temporary barrier/fence requires a new ARC application.
17. Exterior solar shades over windows provided they are enclosed in a frame at the top and sides and secured at the bottom when deployed. The color fo the frame must be white. The shade fabric must be be one solid color ranging from white to light tan or light gray and have a minimum of 5% free air flow. Stirpes, mixed colors, and letters are prohibited. Exterior shades are prohibited on the front facade of the house.
18. Polymer/polaspartic coatings on exterior proches and steps provided the color compliments the siding and trim of the house. Color approval subject to ARC.

D. Application Process:

1. Applications may only be submitted by homeowners after settlement date.
2. Homeowner completes and submits online Architectural Review Committee (ARC) Application, including:
   • Full description of modification/improvement planned;
   • Plot plan detailing delineation between common elements and limited common elements. NOTE: plot plan must be detailed enough to show compliance with Sussex County requirement for 40 foot separation between structures;
   • Scaled drawings with dimensions for additions, decks, patios, or other similar modifications/improvements including roof slopes, if any;
   • Contractor's name and phone number;
   • If contractor will be moving equipment across Common Property to access homeowner's Limited Common Property, please submit:
     • Contractor's valid business license, certificate of liability insurance and worker's compensation insurance
     • Contractor's valid business license, certificate of liability insurance and worker's compensation insurance;
   • Color photos of materials to be used
   • Signed Homeowner-Contractor Responsibility form
3. ARC reviews completed application.
4. If ARC unanimously approves the application via electronic vote, the Property Manager notifies the homeowner in writing that the application is approved.
5. If the electronic vote by ARC is not unanimous, ARC will meet as a group as soon as possible, when a quorum of members is available to review the application, discuss any related issues, and vote in-person. The homeowner will be notified of the date and time of the meeting.
6. ARC Chair will notify the Property Manager of the in person vote result. The Property Manager will notify the homeowner in writing of the ARC decision. The Property Manager will notify Nassau Grove Irrigation team, including the project drawing.
7. Construction can begin only after the homeowner receives written ARC approval from the property management company, irrigation team has marked irrigation heads, irrigation system modifications have been completed by Nassau Grove irrigation vendor, and homeowner has building permit if required by Sussex County.
8. Construction can begin only after the homeowner receives written ARC approval from the Property Manager and building permit, if required by Sussex County.
9. In the event a homeowner desires to make a change to a project that was previously approved by the ARC or wants to vary in any ways from the rules set forth herein, it is the homeowner's responsibility to request a variance from the ARC Rules. The homeownr must state the type of variance and reason for the variance and must submit the request to the ARC. Requests for variances must be approved by the Board prior to work being performed.
10. Appeals to ARC decisions may be made as stated in the Declaration and Code of Regulations. Appeal requests should be emailed to the Property Manager.

ARC Responsibilities:

1. To help homeowners who wish to construct, modify, or alter the outward appearance of their homes to stay within the architectural guidelines as set forth in the Nassau Grove Declaration and Code of Regulations.
2. To provide forms for proposed changes
3. To review requests in a timely fashion, as set forth in the Code of Regulations.
4. To review site plans and proposed changes, improvements, or modifications.
5. To ensure consistency with material standards of architecture and aesthetics within Nassau Grove.
6. ARC Chair will notify the Property Manager of the in person vote result. The Property Manager will notify the homeowner in writing of the ARC decision.
7. To be a helpful neighbor, not an adversary, to see requests turn into a beautiful addition for your neighbors, and Nassau Grove.
8. To observe the construction and the finished project for consistency and adherence to the Declaration, Code of Regulations and ARC Guidelines. ARC does not provide inspection.
9. Ensure Property Manager is informed the ARC has completed its final inspection to ensure adherence to approved application. Ensure Property Manager sens confirmation to the homeowner that acknowledges completion of project.
10. Ensure minutes of each ARC meeting are posted on the Nassau Grove website. The minutes are prepared in accordance with Robert's Rules of Order so include only a summary of what was done, not what was said or discussed.
11. Review all requests for variances submitted by homeowner, request additional information from homeowner if needed, and forward variance request to the Property Manager for submission to the Board for a decision.