a guide for personalizing your home

6 April 2009 Page �

A gu�de for personal�z�ng your Home

Table of Contents

Chapter 1 Introduction 1

Chapter 2 Importance of Style 7

Chapter 3 Possibilities, Requirements and Limitations 21

Chapter 4 Definition of Terms 61

Copyr�ght © 2006. All R�ghts Reserved.Marley Park Commun�ty Assoc�at�on, Inc.

Appendix A Forms

Appendix B List of Acceptable Plants

Appendix C List of Prohibited Plants

Appendix D Community Association Rules

For quest�ons or to subm�t an appl�cat�on for rev�ew, please contact:Marley Park Commun�ty Assoc�at�on

Phone: 623-466-8820Fax: 623-466-8828

�nformat�[email protected]

Des�gn Rev�ew Appl�cat�on forms are also ava�lable for download at:www.marleypark.net

6 April 2009


Chapter 1

Introduct�on

6 April 2009 Page 1


Chapter 1 Introduction

Welcome to the Neighborhood

Ne�ghborhood means shar�ng s�m�lar feel�ngs about the place you call home. But �t doesn’t mean everyone has to l�ve �n houses that all look the same. Rather than un�form�ty, Marley Park celebrates d�vers�ty. The �nd�v�dual�ty of your home �s a v�tal component of the un�que character of the Marley Park commun�ty.

Des�gn Rev�ew promotes or establ�shes commun�ty character by �nsur�ng that certa�n des�gn and arch�tectural pr�nc�ples are followed. Th�s Gu�de, and the �nformat�on conta�ned w�th�n, was comp�led to prov�de you, the Homeowner, w�th easy access to the appl�cable Des�gn Rev�ew gu�del�nes and procedures. The content of th�s document �s �mportant because �t prov�des both you and the Des�gn Rev�ew Comm�ttee clear d�rect�on and understand�ng of the expectat�on of qual�ty for Marley Park. It w�ll also ass�st you �n tak�ng advantage of the opportun�t�es your Home and Lot prov�de wh�le enhanc�ng the overall ne�ghborhood.

To further ass�st you w�th the Des�gn Rev�ew process, forms and style sheets are ava�lable for download on www.marleypark.net.

To further promote and celebrate the d�verse collect�on of Homes �n Marley Park we may photograph your Home us�ng the follow�ng gu�del�nes. Each Person acqu�r�ng t�tle to a Lot, by the acceptance of a deed or other �nstrument ev�denc�ng such t�tle, hereby consents to hav�ng the exter�or of any res�dence constructed on such Lots photographed. Such photographs may be used by Declarant �n advert�s�ng and market�ng mater�als and also may be used to demonstrate des�gn gu�del�ne pr�nc�pals appl�cable to structures constructed at the Development. All such photographs and all such uses shall be at no cost to such Lot Owner and such Lot Owner shall allow such uses free of charge and w�thout compensat�on to such Lot Owner. All uses shall be �mplemented �n a professional ad tasteful, first-class manner. Each photography session, if any, shall be conducted at a mutually conven�ent t�me and date as agreed between the Lot Owner and Declarant. The photography crew shall have the r�ght to enter onto the Lot on the day of the photography sess�on to conduct �ts works. Any damage caused by such crew shall be the respons�b�l�ty of Declarant who shall promptly cause any such damage to be repa�red, ent�rely at �ts costs, and w�th m�n�mal �nconven�ence to the Lot Owner.

We hope you will find the following information to be both helpful and clear in its intent. Most of all, we hope you w�ll enjoy personal�z�ng your home.

6 April 2009Page 2


The Vision

Home… Neighborhood… Community…

Marley Park �s a un�que v�llage w�th�n the C�ty of Surpr�se. W�th tree-l�ned streets, styl�sh homes and the class�c deta�l�ng of a s�mpler t�me gone by, th�s commun�ty has a d�st�nct�ve l�v�ng env�ronment for �ts res�dents through comprehens�ve v�llage, ne�ghborhood, arch�tectural and landscape des�gn focused on ‘creat�ng commun�ty.’ A ser�es of compact, well-organ�zed, pedestr�an or�ented ne�ghborhoods are l�nked together through a comprehens�ve system of open space and tra�ls. W�th each ne�ghborhood hav�ng a d�vers�ty of homes and open spaces, Marley Park �s env�s�oned to be a commun�ty of d�st�nct places that encourage c�t�zensh�p, fr�endl�ness and helpfulness among �ts res�dents.

Residential Design Guiding Principles

Objective One - Design will support the community lifestyle vision.• Create a sense of place• Emphas�ze the natural character�st�cs of the property and reg�on• Use of colors and mater�als• Use style appropr�ate mass�ng and forms• Emphas�ze var�ety of styles• Reg�onal adaptat�ons

Objective Two - Design will emphasize the hierarchy and importance of the community image and identity.

• Buildings should create space and define the character of areas• Bu�ld�ngs should relate strongly to the publ�c realm – the street• Embrace var�ety and d�vers�ty w�th�n the context of the overall theme

Objective Three - Design will contribute to the community and neighborhood character.• Reference h�stor�cal arch�tectural styles and bu�ld�ng types• Appear as though �t was bu�lt over t�me• Emphas�ze appropr�ate des�gn styles• Be responsive to topographic influences• Emphas�ze s�mple bu�ld�ng forms and authent�c deta�l�ng, r�ch colors and mater�als

Objective Four - Design will emphasize the “Simple Home” concept.• Focus on authent�c�ty of all bu�ld�ng mater�als• Emphas�ze human scale proport�ons of all bu�ld�ng elements and deta�ls

6 April 2009 Page 3


Does My Addition, Modification or Improvement Require Design Review?

To use th�s Gu�de for Personal�z�ng Your Home, ask yourself:

1. Does my Addition, Modification or Improvement require Design Review approval?The answer �s no �f:

• The Addition, Modification or Improvement is entirely screened from Public View and all Adjacent Lots

• You plan only to repa�nt the exter�or of structures on any Un�ts us�ng the most recently approved color scheme

• You plan only to rebu�ld or restore any damaged structures on a Un�t �n a manner consistent with the plans and specifications most recently approved for such structures

Generally, no approval is required for work done to the interior of a structure; however, Addition, Modification or Improvement to the interior of screened porches, patios, and any other portions of a Unit visible from outside a structure may require prior approval.

The answer �s yes �f:• Any portion of the Addition, Modification or Improvement is visible from the street,

Adjacent Lot or a commun�ty open space• Any portion of the Addition, Modification or Improvement is visible through a view

fence, screened enclosure or gate• The plan requ�res a change to the structure of the Home• The plan requ�res a C�ty or other governmental perm�t

2. What are the possibilities, requirements and limitations of what I want to do?These items are covered in detail in Chapter 3. Many plans for Additions, Modifications or Improvements will involve several topics. For example, you may need to review the conditions for fountains, security doors, potted plants, paving, walls, gates, furniture and approved plants to create a courtyard.

3. How do I design what I want to do in a way that complements the style of my Home?This Guide provides information about each of the architectural styles in Chapter 2.

4. How and what do I submit?Forms are provided in Appendix A and on www.marleypark.net .

6 April 2009


Chapter 2

Importance of Style



Chapter 2 Importance of StyleAr�zona has a r�ch legacy of early agr�culturally-based commun�t�es that have fostered a var�ety of arch�tectural styles. In these early commun�t�es, arch�tectural styles were often �mported from the M�dwest and East Coast �n the form of pattern books from wh�ch the bu�lders chose the style and massing of their building. Steeped in the climate of the Arizona desert, styles were often modified to meet the specific climatic influences. Colors were light and materials were a blend of plaster, stucco and s�d�ng.

The design of early homes in the Phoenix Valley was directly affected by the climate and imported influences of the pattern books from the Midwest and East Coast. There are currently seven (7) approved arch�tectural styles for the Marley Park ne�ghborhood: Bungalow, Cottage, Craftsman, Monterey, Span�sh, Terr�tor�al Ranch and Trad�t�onal. These arch�tectural styles are appropr�ate to the reg�on and were developed to address the needs and l�festyles of the res�dents as well as support the commun�ty theme as a trad�t�onal commun�ty development. These styles are found �n the turn of the century h�stor�c Encanto-Palmcroft, Roosevelt and W�llo D�str�cts of Phoen�x. The Marley Park Des�gn/Development Team seeks to embrace that d�vers�ty �n arch�tectural style and des�gn, wh�ch �s drawn from a r�ch context of ne�ghbor�ng commun�ty arch�tecture. In keep�ng w�th the overall commun�ty theme, the homes w�ll be of h�gh qual�ty and contr�bute pos�t�vely to the character of the �mmed�ate and surround�ng commun�ty. Overall, the des�gn concept �s to blend the chosen trad�t�onal arch�tectural styles of early agr�culturally-based commun�t�es w�th the env�ronmental respons�veness of Marley Park.

Landscape as well as arch�tecture can express the style of the Home. Some styles are more formal and can be accented by formal landscape and hardscape des�gns. Some styles grow out of natural env�ronments and are at home �n more natural�zed landscapes. The follow�ng pages descr�be and demonstrate various style-specific landscape designs.

Landscape Design

6 April 2009Page 8


Architectural Style - BungalowH�stor�cally known for �ts funct�onal appeal, the Bungalow style home �s s�m�lar to the Craftsman style. Marley Park’s charm�ng Bungalow comb�nes �nv�t�ng open porches and overs�zed w�ndows, creat�ng warm �ndoor atmospheres and str�k�ng asymmetr�cal compos�t�ons.

The Bungalow, w�th �ts var�at�ons of the Craftsman style home, evolved from the late 19th century Amer�can Arts and Crafts movement. These moderately deta�led bu�ld�ngs are character�zed by the use of hand-finished materials, with a rusticated texture. Broad open porches, low sloping roofs with deep overhangs, multiple gables, asymmetrical compositions, oversized first floor windows, express�ve tr�m, rafters, brackets, and porches character�ze the Bungalow style.

Massing• Asymmetr�cal mass�ng w�th hor�zontal proport�ons

Roof• Deep overhangs• Roof dormers• Shallow-p�tched roofs w�th deep overhangs• Predom�nately low-p�tched gabled roofs, w�th the occas�onal h�pped or shed roofs• Flat concrete t�le or arch�tectural grade asphalt sh�ngle

Finishes and Details:• Deep, broad porch elements w�th express�ve structural components usually placed

symmetr�cally• Express�ve structural elements such as rafters, brackets and columns• A m�xture of mater�als such as stone or stucco s�d�ng• Asymmetr�cal mass�ng and w�ndow and door compos�t�ons• The l�nes of the roof w�ll be s�mple w�th w�de project�ng gables• Stucco sand finished exterior walls, or wood or shingle siding• The entry and surround�ng stoop �s covered and conta�ned by a porch and roof cover�ng• Use of stone or br�ck at porch columns typ�cal• Variety of column and beam detailing at porches with stone or brick pilaster

6 April 2009 Page 9


Architectural Style – CottageInsp�red by early twent�eth century Engl�sh arch�tecture, Marley Park’s Cottage style blends eye-catch�ng steep p�tched roofs and shutters to create styl�sh frames and romant�c balcon�es.

The Cottage style �s based upon early twent�eth century Amer�can �nterpretat�ons of Engl�sh arch�tecture. The source for des�gn comes from med�eval Engl�sh and French cottages as well as country estates of Br�ttany and Normandy, larger manor homes, and rural v�llage vernacular houses. The Cottage style captures a romant�c and p�cturesque arch�tecture and Amer�can �nterpretat�ons �nclude houses w�th s�mple volumes most often w�th front fac�ng gables that have steeply p�tched roofs.

Massing • Asymmetr�cal mass�ng

Roofs • Gable, hip and Dutch gable roof forms, accentuated with “bell-cast” or flared roof treatments

at the eave• W�de var�ety of roof dormer forms that break the fasc�a, cont�nu�ng the wall plane below• Stucco, br�ck or stone exter�or mater�al comb�nat�ons• Gable end vent�ng �n var�ous styles• Rooflines extending below windows• Shallow overhangs• Steep roof p�tches w�th dormers, m�n�mum 8:12• Roofs w�ll be steep and s�mple w�th w�de gables• Slate look or flat concrete tile• Twelve (12) to eighteen (18) inch standard overhangs• T�ght eaves

Finishes and details• Sculpted stucco and finished walls• Stucco recessed accents• Vertical windows in groupings• Large, s�mple roof planes• S�mple deta�l�ng• Ch�mneys can be deta�led w�th stucco above and stone or br�ck veneer below w�th decorat�ve

ch�mney caps• Half stucco ch�mneys w�th stone or br�ck on the lower port�ons• The entry and surround�ng ra�sed stoop �s covered and conta�ned by a porch or roof cover�ng• The garage door can be a roll-up door w�th a var�ety of panel break-ups to correspond w�th the

elements of th�s style

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Architectural Style - TraditionalThe Trad�t�onal Style �s a p�cturesque country house based on class�cal des�gn pr�nc�ples that were followed dur�ng the Amer�can Colon�al per�od. Its �nterpretat�on however, �s reg�onal �n character. Mass�ng �s often more hor�zontal �n appearance w�th spec�al w�ndows appear�ng �n the center of the house over the front door.

The houses are composed of s�mple forms w�th vert�cal proport�oned w�ndows and door surrounds. Front porches w�th a var�ety of columns and ra�l�ngs are common.

Massing • Symmetry• S�mple, stra�ghtforward, boxy volumes w�th one-story s�de w�ngs and porches added make

more complex shapesRoofs

• P�tched roof dormer• �:12 - 10:12 standard roof-p�tch• Flat concrete roof t�le shall range �n color from l�ght brown to l�ght gray• Roof overhangs vary per �nterpretat�on• Dormers and symmetr�cal elevat�ons• Roof ornamentat�on cons�sts of cupolas, weather vanes and dovecotes• Roof p�tch over the porch break�ng to a shallower p�tch• Eave mould�ngs are typ�cal to th�s style

Finishes and details. • Symmetr�cal and asymmetr�cal compos�t�on of doors and w�ndows are common• Simplified versions of Classical details and columns• S�d�ng w�ll be used as an accent along w�th br�ck veneer• Porches shall vary �n s�ze, e�ther just around the area of the entry or the full w�dth of the

elevat�on for s�ngle fam�ly• Stucco will be a sand finish and match the siding color• Front porches w�th a var�ety of wood columns and ra�l�ngs• Porches that cover the length of the front elevat�on• Clapboard s�d�ng• Stone and br�ck veneer used s�ngularly or �n comb�nat�on w�th one another

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Bungalow/Cottage/Traditional Influenced Landscape Design

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Architectural Style – CraftsmanYour first introduction to the welcoming style of the Craftsman home can be found by visiting the Marley Park Welcome Center. The s�gnature character�st�cs on the Craftsman style are �ts deta�led, elaborate woodwork and stonework; attract�ve to those �nterested �n un�que deta�l and qual�ty.

The Craftsman style home evolved from the late 19th century Amer�can Arts and Crafts movement that rejected the mass product�on and med�ocre des�gn assoc�ated w�th the �ndustr�al revolut�on �n favor of the beauty and “honesty” of trad�t�onal hand craftsmansh�p and natural mater�als. The style was adapted for countless small houses and bungalows. The Craftsman house was at one w�th �ts sett�ng,

w�th gardens and logg�as treated as planned extens�ons of the arch�tecture. Hand-pol�shed woods with built-in features crafted of fine materials made each house a giant sculpture, with each detail part of the whole. Broad open porches, low slop�ng roofs w�th deep overhangs, mult�ple gables, asymmetr�cal compos�t�ons, express�ve tr�m, rafters and porches character�ze the Craftsman style.

Massing • Asymmetr�cal mass�ng w�th hor�zontal proport�ons

Roofs • Deep overhangs• Roof dormers• Shallow-p�tched roofs w�th deep overhangs• Predom�nantly low-p�tched gabled roofs, w�th the occas�onal h�pped or shed roofs• Flat concrete t�le or arch�tectural grade asphalt sh�ngle

Finishes and details• Deep, broad porch elements w�th express�ve structural components usually placed

symmetr�cally• Express�ve structural elements such as rafters, brackets and columns• A m�xture of mater�als such as stone, or stucco s�d�ng• Asymmetr�cal mass�ng and w�ndow and door compos�t�ons• The l�nes of the roof are s�mple w�th w�de project�ng gables• Stucco sand finish exterior walls• The entry and surround�ng stoop �s covered and conta�ned by a porch or roof cover�ng• Use of stone or br�ck at porch columns typ�cal• Variety of column and beam detailing at porches with stone or brick plaster



Architectural Style - Territorial RanchImagine life in a simpler time, when ranchers first settled into the land and developed the first Ranch style home. The Terr�tor�al Ranch style takes cues from both the Monterey and Span�sh styles, focus�ng on keep�ng �t s�mple for the sake of comfort.

Early ranchers developed the first Territorial Ranch style in response to their lifestyle, available mater�als and env�ronmental cons�derat�ons. The strong �ndoor/outdoor relat�onsh�p �ncorporates sl�d�ng glass doors, p�cture w�ndows, terraces and pat�os secluded �n a rear yard. These homes were influenced by Colonial, Spanish Colonial, Stick, Monterey, and Spanish Eclectic architecture, however, the detailing of these styles was simplified when adapted to the Territorial Ranch style.

Massing • S�mple rect�l�near forms, hor�zontal mass�ng and humble scale

Roofs • Gabled dormers• Long horizontal gable roofs of 4:12 pitch and twenty-four (24) inch minimum overhangs• Deep overhangs typ�cal

Finishes and details• Cladd�ng mater�als of stucco, board and batten, and hor�zontal wood s�d�ng• Porches along front and rear facades typ�cally w�th a 3:12 roof break�ng �nto the ma�n roof

plane• Decorat�ve shutters at w�ndows w�th wood tr�m surrounds• S�mple column and ra�l�ng deta�l at porches• Minimum eight (8) inch by eight (8) inch wood columns

6 April 2009Page 14


Craftsman/Territorial Ranch Influenced Landscape Design



Architectural Style – MontereyThe Monterey style home �s an �ntr�gu�ng comb�nat�on of Span�sh Colon�al and the bas�c New England Colon�al home. Th�s except�onal des�gn beg�ns w�th the s�gnature balcony on the front of the house and cont�nues through to the pr�vate courtyard �n the back of the house. The Marley Park Monterey home �s a class�c example of th�s arch�tectural style.

Marley Park’s Monterey style �s a comb�nat�on of Span�sh Colon�al construct�on methods w�th the bas�c two-story New England Colon�al house. Arch�tects �n the 1920’s began to re�ntroduce the style and mod�fy the elements to su�t the per�od preferences. The s�gnature cant�levered balcony on the front of the house may be a prelude to the porch that often surrounds or defines a private courtyard in the back of the house. The

or�g�nal houses used adobe wall construct�on. Deta�ls on the porches and the corn�ce are extremely s�mple. Rafters are often exposed; gable or h�pped roofs are used; ch�mneys often anchor one end of the house and flat paneled doors are used both on the ground floor and on the balcony in add�t�on to a more sol�d entry door.

Massing • S�mple, stra�ghtforward volumes somet�mes w�th a gable w�ng fac�ng the street and oppos�ng

cantilevered balcony from the second floor

Roofs • 3.5:12 to 4:12 p�tch• Flat concrete t�le• Gable, typ�cally low-p�tched• Tight rake and extended twelve (12) inch eaves with exposed rafter tails

Finishes and details• Cant�levered balcon�es• Contrasting materials of stucco and siding between first and second floors• Use of br�ck veneer as a base for the elevat�on• Shutter accents at doors and w�ndows w�th wood or stucco tr�m surrounds• Stucco as the predominant finish with brick and siding used as accent materials• Enhanced front door surrounds w�th ped�ment tr�m above

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Architectural Style – SpanishD�st�nct archways, �nt�mate courtyards, s�mple wall surfaces and styl�sh t�le roofs are the qual�t�es that welcome you home �n Marley Park’s Span�sh style. All der�ved from Med�terranean arch�tectural styles, the fine points of the Spanish style home are impressive and inviting.

Span�sh �nsp�red homes began appear�ng at the turn of the century �n the form of the mission style and reflect a loose adaptation of features often found �n deta�l�ng from var�ous styles �nclud�ng Moor�sh and Span�sh Colonial. Marley Park’s Spanish style is a catalog of styles unified by the order of arches, courtyards, strong form and mass, pla�n wall surfaces, and t�le roofs, all der�ved from Med�terranean arch�tectural styles. It �s most often character�zed by an �nformal plan arrangement and mass�ng. The informality reflects the natural composition of the farmhouses and small estates of Spain, which were not symmetr�cally composed.

Massing • Asymmetr�cal mass�ng

Roofs • Low p�tched roofs, 3.5:12 to 4:12, w�th m�n�mal or no overhang• Gable ends have tight rakes and overhangs have twelve (12) to eighteen (18) inch eaves• Stucco eave deta�ls or wood corbeled rafter ta�ls• Gable end roof vents w�th clay p�pe or decorat�ve stucco gr�lles typ�cal• Gables and h�p roofs typ�cal• Shallow sloped, concrete ‘S’ tile roofs in variegated colors (red clay is predominant color)

Finishes and details• Stucco exterior walls-smooth to light sand finish with a hand-made appearance• Wood posts and stucco columns, ch�mneys are sculptured stucco• Round arches• Elaborate decorat�ve hardware, decorat�ve columns and tr�m• Stucco profiles at eaves and windowsill trims• Ornate black wrought �ron or metal ra�l�ngs, gates, gr�lles or fences, etc.• Shutters as occas�onal accent• Wrought Iron balcony• Th�ck walls w�th deep recessed open�ngs• Covered pat�os/porches/logg�as• Deta�l�ng pr�mar�ly at open�ngs• Stucco or t�le decorat�ve gable end vents• Projected w�ndow and door balcon�es open or roofed• Round or square columns at one and two story porches

6 April 2009 Page 1�


Monterey/Spanish Influenced Landscape Design

6 April 2009Page 18


Landscape Styles Overview

Monterey/SpanishStyles

Bungalow/Cottage/Traditional Styles

Craftsman/Territorial Ranch Styles

General Design

Courts, plaza, �nformal symmetry, splashes of color, decorat�ve deta�l�ng, natural�zed wood posts, stucco p�lasters, blended stucco and stone, hang�ng pots, sprawl�ng shade trees, curv�l�near stucco forms

Wrapped porches, asymmetry, casual, wood columns, ra�l�ngs, stone mass�ng, wrought �ron deta�l�ng, blended stucco and br�ck, concrete, ornamental fixtures, rust�c texture, stone/masonry p�lasters, pa�nted wooden posts

Informal symmetry, simplified detailing, wooden deta�l�ng, wooden ra�l�ngs, stone mass�ngs, masonry and wooden p�lasters, southwestern character

Landscape

Format�ve plant�ng, terraced grade changes, reta�n�ng walls, exot�c accents, dramat�c, colorful, potted focal plant�ng, format�ve mass�ng, sprawl�ng evergreen trees, palms, trell�s structures, hang�ng plants, plant�ng – hardscape �nterplay, strong shadows

Natural�zed plant�ng, �nformal, roll�ng turf, textured, colorful, annual color, rambl�ng v�nes, rust�c free flowing, scattered massings, var�ed, dec�duous, sculptural branch�ng, dappled shadows

Naturalized planting, flat turf areas, c�trus, nat�ve trees, potted plants, s�mple forms, informal simplified mass plant�ngs, enhanced key areas, low defining walls, dappled shadows

Paving

Clay paversStonePatterned concreteDecomposed gran�teScored concrete

Scored concreteStoneBr�ckTextured concreteDecomposed gran�te

T�leStoneAc�d wash concreteDecomposed gran�teBr�ck

Hardscape Elements

Stucco walls, curv�l�near forms, t�le capp�ng, stone mass�ngs

Br�ck walls, weathered stone fac�ng, l�ghtly textured stucco finish

Rust�c ornamental elements, wooden ra�l�ngs, br�ck accent fac�ng

Accent Elements

Decorat�ve �ron, founta�n, colorful t�le, themat�c l�ght�ng & furn�ture, terra-cotta pots, decorat�ve t�le vents �n walls

Arbors, ra�l�ngs, wrought �ron detailing, ornamental fixtures, rust�c elements, themat�c l�ght�ng and furn�ture

Rust�c ornamental elements, wooden ra�l�ngs, br�ck accent fac�ng

Trap Fences

Black tubular steel, hammered steel, ornamental wrought �ron fenc�ng

Wood slats, tubular steel p�ckets, wh�te p�cket fenc�ng

Simplified tubular steel fenc�ng, wooden p�ckets

6 April 2009


Chapter 3

Poss�b�l�t�es, Requ�rements and L�m�tat�ons



Chapter 3 Possibilities, Requirements and LimitationsSite Design should include the following major considerations for Modifications and Additions to the Home, landscape and Improvements:

• Guest arr�val• Bu�ld�ng setbacks• Pr�vacy and landscape wall locat�ons• Development of outdoor rooms

• Pos�t�on of pools and other structures• Lot dra�nage • Locat�on and screen�ng of refuse

enclosures, ut�l�t�es, and mechan�cal equ�pment

Address MarkersEach Homeowner is required to provide address identification. These address numbers should be clear and easy to read. The address numbers on the house or �n the landscape may be made of a var�ety of mater�als �nclud�ng but not l�m�ted to wood, metal, pa�nt and t�les. Address numbers may not exceed eight (8) inches in height and should be of a simple font style that complements the style of the Home. Address identification may not be placed on freestand�ng s�gns. Lots that are accessed from an alley are required to have additional address identification visible from the alley and located on the rear yard s�de of the garage door. Homeowners are encouraged to illuminate one (1) set of address numbers per Lot at n�ght.

Antennas and Satellite DishesTo control the v�sual clutter of non-arch�tectural elements attached to the exter�or of the bu�ld�ng, the follow�ng requ�rements should be met regard�ng antennas and satell�te d�shes:

• No satellite dish over forty (40) inches in diameter will be allowed unless specifically approved by the Rev�ewer

• Unless otherw�se perm�tted by law, antennas, satell�te d�shes and other apparatus for the transm�ss�on, recept�on, or commun�cat�on of telev�s�on, rad�o or other s�gnals shall be d�scretely located �n the s�de or rear yard, �nstalled �mmed�ately adjacent to the Home, and �ntegrated w�th the res�dent�al structure and landscap�ng

• All equ�pment should be pa�nted to blend �n to the structures upon wh�ch they are mounted, as long as pa�nt�ng the dev�ce does not vo�d the manufacturer’s warranty or affect the s�gnal

• Trees, shrubs and walls shall be placed to further screen the v�ew of antennas and satell�te d�shes

• Unless otherw�se perm�tted by law, antennas and satell�te d�shes are not perm�tted �n front of the front face of the Home

6 April 2009Page 22


Art, OutdoorOutdoor art that �s v�s�ble from publ�c areas or Adjacent Lots requ�res Rev�ewer approval. Art that is fully screened from Public View and the view of Adjacent Lots does not require Reviewer approval. The Rev�ewer reserves the r�ght to not perm�t artwork that �t deems �nappropr�ate for any of the following reasons: subject matter, height, color, size, reflectivity or location.

• Outdoor art should not overpower the arch�tecture of the Home and should generally be limited to nine (9) feet in height

• Artwork should be placed to complement the welcom�ng and �nv�t�ng nature of the Home as v�ewed not only from �nter�or pr�vate spaces but also as v�ewed from exter�or publ�c spaces

• The artwork should be constructed of mater�als that do not cause a nu�sance to adjacent property Owners or users of adjacent publ�c spaces

• It �s ant�c�pated that artwork would be accented w�th l�ght�ng at n�ght. Such l�ght�ng must be approved by the Rev�ewer and must comply w�th the Outdoor L�ght�ng sect�on of th�s Gu�de

BouldersIn keep�ng w�th the character of Marley Park, trad�t�onal ne�ghborhoods rarely had boulders or rock features as part of the landscape palette. The use of boulders or other rock features �n a front yard may be approved, subject to the follow�ng cr�ter�a:

• Boulders must be “surface select” gran�te boulders• If significant scarring of the boulder surface is present, the boulders should be placed

to h�de scarr�ng or treated w�th a man-made desert varn�sh product such as Eon�te or Permeon

• Boulders shall be �nstalled �n a natural appear�ng manner. Boulders must be bur�ed approx�mately 1/3 below grade. Boulders must be �ntegrated w�th�n the landscape �nclud�ng other boulders, berm�ng or landscape mater�als such as plants, decomposed gran�te and contour�ng. Boulders may not be stacked

• Boulders shall be a m�n�mum s�ze of ½ ton and max�mum s�ze of 1½ tons, unless otherw�se approved

• Boulders are not allowed in turf areas smaller than twenty (20) by twenty (20) sqaure feet

Building HeightsNo Addition, Modification or other Improvement to a building structure will be allowed to exceed the h�ghest po�nt of the Or�g�nal Construct�on as constructed by the �n�t�al Homebu�lder. All Add�t�ons or other Improvements requ�re approval of the Rev�ewer pr�or to construct�on or �nstallat�on.



Building MassingIn order to create Homes that prov�de �nterest and movement to the arch�tecture of the ne�ghborhood, Homes �n Marley Park are requ�red to have shape and form.

• A s�ngle box-l�ke mass for a Home w�ll not be perm�tted • The mass�ng of the Home must be appropr�ate to the

arch�tectural style • Vertical massing elements should be used to accent signature

locat�ons or add a vert�cal emphas�s• Large w�ndows and open�ngs to the house should be protected by

deep overhangs or other methods of prov�d�ng shade

CarportsCarport add�t�ons are not perm�tted.

Chimneys and Roof ProjectionsCh�mney and ch�mney term�nat�ons should be v�sual accents of the Home and the arch�tectural style. A ch�mney should be �n scale and proport�on to the mass from wh�ch �t projects.

• Generally chimneys should terminate a maximum six (6) feet above the roof mass, unless additional height is required by fire code, and should not exceed fifteen (15) square feet of area

• Spark arrestors should be concealed • Mater�als, colors and des�gns �ncons�stent w�th the arch�tectural style

may not be perm�tted

Other roof project�ons, such as vent stacks and p�pes can be v�sually d�stract�ng. False ch�mneys are a preferred solut�on for conceal�ng these elements.

• Exposed flashing, sheet metal, vent stacks, pipes and other roof projections must be pa�nted to match the roof or adjacent surface

• Dormer vents are not perm�tted

ClotheslinesClothesl�nes or other outs�de fac�l�t�es for dry�ng clothes are allowed w�th�n a fenced rear yard or otherw�se screened from v�ew of the street, common areas and not v�s�ble from Adjacent Lots. Clotheslines are limited to a maximum height of six (6) feet.

6 April 2009Page 24


Color SchemesAll exter�or pa�nt and sta�n colors must be selected from the approved color palette. Add�t�onal colors that are not on the approved color palette w�ll be cons�dered on a case-by-case bas�s. See the Rev�ewer for an up-to-date color palette. All pa�nt, sta�n, fabr�c, t�le and other colors must match or complement the color scheme of the Home for wh�ch they are be�ng used. Although Marley Park encourages the use of color, �t reserves all r�ghts �n �ts sole d�scret�on to not approve colors or color comb�nat�ons that �t bel�eves are not compat�ble for Marley Park. Repa�nt�ng exter�or Improvements w�th the same, prev�ously approved color does not requ�re approval.

DecksA deck is a constructed elevated outdoor area attached to the Home (i.e. a porch without a roof)

• Decks are only allowed �n enclosed yards• Must be cons�stent w�th the style of the Home• Should not be �solated from the Home

DoorsThe front entry �s a showcase element for arr�v�ng guests. The front door should be a statement about the qual�ty of the Home.

• Entry doors as well as garage doors shall re�nforce the overall style of the Home

• Wood, composite fiberglass or MDF are all acceptable materials for entry doors

• Doors shall always be protected by deep recess or porch elements, prov�d�ng a trans�t�on from outdoors to �ndoors

• Recessed doors are encouraged where two-story mass�ng occurs• Secur�ty/screen doors and gates must match the arch�tectural style of

the home on elevat�ons fac�ng the street • Sl�d�ng glass doors and telescop�ng w�ndow walls should only be

used when deeply recessed under roof or when h�dden from Publ�c View

• Mechan�cal room doors should be screened from v�ew. If a mechanical room door is exposed to Public View it should be a custom patterned veneered door

Drainage, LotAll Lots must drain per the engineering plans on file with the City. Generally, lots drain to the street or alleyway. The placement of all walls and structures, the finish grade of the Lot, Improvements and Modifications or Additions to the Home will need to be designed to accommodate the Lot dra�nage.



DrivewaysDriveways may be modified or replaced entirely with approval from the Rev�ewer. Add�t�ons to the w�dth of ex�st�ng dr�veways w�ll be cons�dered under the follow�ng cond�t�ons, but should be des�gned to m�n�m�ze the�r v�sual �mpact.

• Driveways must be set back at least five (5) feet from public utility transformers and other v�s�ble equ�pment unless, �n the op�n�on of the Rev�ewer, th�s does not ass�st �n the v�sual screen�ng of the dr�veway and publ�c ut�l�ty equ�pment

• The w�dth of the dr�veway pavement shall not extend more than two (2) feet beyond either side of the actual garage door opening nor shall the w�dth of the dr�veway extend beyond the face of the garage structure (whichever is most restrictive)

• Dr�veway pullouts for add�t�onal park�ng or for access to rear yards are proh�b�ted

• Circle driveways (driveways connecting two (2) different street frontages) are not permitted

• Each Lot will only be permitted one (1) driveway entrance• Dr�veways shall �ntersect the street generally at r�ght angles• Asphalt, Earth, Decomposed Gran�te, Gravel or other un�mproved dr�veway surfaces

w�ll not generally be acceptable

To de-emphas�ze the dr�veway the follow�ng techn�ques are recommended:

• Scor�ng, requ�red to counter stress cracks, must be prov�ded and may not clash w�th the scor�ng pattern of the s�dewalk cross�ng �t

• Use accent mater�als that complement the arch�tecture of the house

• Use colored concrete �n tones that blend w�th the landscape• Use exposed aggregate or other textured surfaces• Use pavers or other mater�als that complement the

arch�tecture of the Home• L�m�t�ng the w�dth of v�sual port�ons of the dr�veway to

twenty-one (21) feet• Use landscape cutouts• Prov�de shade to reduce glare

Driveway Gates, PrivatePr�vate dr�veway gates w�th�n the front yard setback are not perm�tted.

6 April 2009Page 26


Entry, FrontThe front entry and guest arr�val to a Home should be open and welcom�ng. The architectural statement of the front entry (door) should be visible from the street and a well-proport�oned statement �n the front façade of the Home. The front entry should be elevated above the street and should prov�de as the focus e�ther the front door, or an entry �nto an �nter�or court that conta�ns the front door of the Home. S�m�larly, porches or courtyards surrounded by landscape walls may extend the front entry toward the street �n a welcom�ng manner.

• Covered entr�es or porches must have roof forms cons�stent w�th the arch�tectural style of the Home, and must not appear as an afterthought to the face of the Home

• Porte-cocheres, as a covered dr�ve-up arr�val to the front entry are not perm�tted, as they do not �ntegrate well w�th the arch�tecture of the Home or the des�re to have the guest arr�val open and �nv�t�ng to those arr�v�ng by foot. Covered dr�ve-up arr�vals that occur on the s�de of the home separate from the front entry w�ll be cons�dered on a case-by-case bas�s

• Porte-cocheres which are well integrated into the architecture (most often in front of recessed garages) will be acceptable

• A walkway should be prov�ded for the guest from the street or dr�veway to the front door• The front door or front arr�val should be v�s�ble from the street, not h�dden or remote • The landscape des�gn should be layered and gu�de the guest

naturally from the street through zones of �ncreas�ng pr�vacy to the front door

• Low landscape walls may be used to announce the Home and may �ncorporate l�ght�ng and street numbers

• Homeowners are encouraged to l�ght the walkway to the front door �n the even�ng as well as dur�ng the day so �t �s �nv�t�ng

Finish GradeLots in Marley Park provide a finished graded pad. This finish grade elevation may be adjusted slightly. The finish grade of the Lots may not be increased by more than two (2) feet above the Developer (or Builder) provided grade. The finish grade of the Lot must allow the entire Lot to dra�n to the street. Grades w�th�n the landscape may vary as �s complementary to the des�gn, but must return to the Developer (or Builder) provided grade at the property lines. Landscape berms taller than three (3) feet (measured from average surrounding grade) or with slopes steeper than 3:1 w�ll not be perm�tted. It �s h�ghly recommended that earth d�splaced from the excavat�on of pools, basements, sub-levels or other below grade elements be taken �nto cons�derat�on �n the des�gn of the finish grade. Grading plans shall state whether earth displaced from below grade elements shown on the s�te plan w�ll be used on s�te or exported.



Fire Elements - Fire Pits, Fireplaces, Chimenea, Barbecues, Grills, and Outdoor Cooking EquipmentOutdoor fire elements including exterior fire pits, fireplaces, chimenea, barbecues, gr�lls and outdoor cook�ng equ�pment should:

• Complement the des�gn of the Home and landscape• Be placed to m�t�gate the adverse effect of smoke and sparks on

ne�ghbor�ng propert�es• Be placed a minimum of five (5) feet from the property line and taller

free stand�ng elements should be set back a d�stance equal to the�r he�ght• Ut�l�ze �nternally mounted spark arresters when poss�ble• Not be placed �n the front yard setback unless enclosed by landscape walls• Freestanding fireplaces and chimneys shall be proportional in size to the surrounding

elements and generally not taller than ten (10) feet• Any fire element taller than six (6) feet shall be located a minimum of ten (10) feet from

any v�ew fence• All exterior fire elements must be shown on the site plan for all reviews• All fire elements must be contained within the enclosed yard or

courtyard• Both gas and wood burning types of barbecues, fire pits and

fireplaces are acceptable, although gas is preferred due to reduced smoke and fire danger

• Fuel storage tanks must comply w�th the Storage Tanks Sect�on

Portable Outdoor Fire ElementsEquipment such as portable grills, fire stands and heaters do not need Reviewer approval but must be removed from Public View and the view of Adjacent Lots when not �n use. Because th�s equ�pment must be removed when not �n use, ease of mob�l�ty and portab�l�ty should be cons�dered when choos�ng equ�pment for the yard. Th�s equ�pment should be used �n locat�ons generally �n compl�ance w�th the above “permanent” regulat�ons.

Flags and FlagpolesSoffit or wall-mounted flagpoles, flagpoles attached to the Home, and freestanding flagpoles are acceptable in the Neighborhood, but location, lighting, and flagpole material must be approved by the Reviewer. The Reviewer reserves the right to not permit flags that it deems inappropriate for any of the following reasons: subject matter, height, color, size, reflectivity or location.

• Flag and flagpole placement should be designed to complement the architecture of the Home

• The height of flagpoles shall be limited to a size complementary to the vertical accents of the Home. The maximum height of a freestanding flagpole is twenty (20) feet in any res�dent�al area

6 April 2009Page 28


• Each lot is permitted to have one (1) freestanding flagpole• The size of the flag shall not generally exceed four (4) feet by six (6) feet and should not

dom�nate the v�ew of the Home• The flagpole must be made of a material and be of a color that complements the design of

the Home• The flagpole must have an internal halyard system so that no noise is made by the flag

secur�ng system• The Reviewer reserves the right not to permit more than two (2) flags per Lot• The lighting of flags and flagpoles is anticipated, but such lighting must be approved by

the Rev�ewer and must comply w�th the Outdoor L�ght�ng sect�on of th�s Gu�de• The flag must be maintained. Faded, frayed or tattered flags are generally not permitted • The USA flag must be flown in accordance with the Federal Flag Code

Furniture, Outdoor• The furn�ture does not have to match the style of the Home, but should

complement the style• Colors and mater�als should complement the color of the Home• Outdoor furn�ture made of plast�c w�ll generally not be perm�tted• S�ze and proport�on of structural members should be cons�stent w�th the

deta�ls of the Home• Outdoor furn�ture should not look crowded �n �ts sett�ng and should not

block the route to the front door• Furn�ture w�th s�mple and elegant forms �s encouraged• All outdoor furn�ture must be kept neat and well-ma�nta�ned �n appearance

GarageConversion of any garage to finished space for use as livable space, an apartment, a guesthouse or other �ntegral part of the l�v�ng area for any Home �s not allowed. Each Home must ma�nta�n a garage capable of storing a minimum of one (1) standard vehicle.

• Garages that are located within ten (10) feet of the front building face of the Home are requ�red to have a garage door that �s compat�ble w�th the style of the Home and s�m�lar to the Or�g�nal Construct�on

• Garage doors wider than twenty (20) feet will not be permitted• Garage doors must be recessed a minimum twelve (12) inches behind the

surface plane of the wall• Garage doors over eight (8) feet tall are discouraged • All storage of RV’s, campers, trailers, ATV’s, boats, jet skis, watercraft

or other recreat�on veh�cles must be w�th�n garages• From the publ�c faces of the house, the garage shall str�ve to be less

dom�nant than the front door and not dom�nate the v�ew from the street



The follow�ng des�gn strateg�es are recommended to ach�eve th�s:o Use enhanced garage door mater�als that g�ve the doors a more

res�dent�al or personal scaleo Prov�de deep arch�tectural recess for garage doorso Prov�de trell�ses to v�sually recess garage doorso Screen the garage door w�th landscape

GatesWhen gates are requ�red, decorat�ve gates that complement the arch�tecture of the Home and des�gn of the landscape should be used. Gates should read as arch�tectural statements �n the landscape and �nclude column and arch�ng elements to anchor them. Gates should not be des�gned to look l�ke mun�c�pal access gates for serv�ce yards, unless completely screened from the Public View.

• Gates and the style of decorat�on �n the metal or carved wood gates should complement the arch�tectural style of the Home

• Gate color should complement the style of the Home • Gates should be wrought metal or wood • Products used for gates that s�mulate wood w�ll be cons�dered for

approval • Gates should not dom�nate the v�ew from the street• Decorat�ve surrounds us�ng stone, br�ck or stucco are encouraged• Overly compl�cated decorat�on wh�ch detracts from the overall

compos�t�on of the Home should be avo�ded• Gates as part of the front arr�val to the Home must �nclude dev�ces to

allow v�s�tors access to the front door and must be �nv�t�ng• Gates over forty-two (42) inches high will not be allowed in the front

yard setback • Extended and veh�cular gates are proh�b�ted• No gates or other access open�ngs are perm�tted to open to common

landscape areas, l�near parks or adjacent open spaces• The Rev�ewer may approve gates that face a s�de street or an alley • The Rev�ewer may requ�re that gates be sol�d as to screen v�ews to

the yard beh�nd the gate• Gates may not exceed the height of the adjacent fence by more than twelve (12) inches,

unless otherw�se approved

Gazebos, Ramadas and Shade StructuresGazebos, ramadas, shade structures and s�m�lar structures are proh�b�ted �n front yards, but may be perm�tted �n overs�zed s�de yards and �n rear yards, �f such structures are cons�stent w�th the

6 April 2009Page 30


requ�rements of th�s Gu�de and are approved by the Rev�ewer. In general, construct�on mater�als, colors, finishes and architectural styles must match those of the Home. Tent-style structures as well as structures constructed of fabr�c and metal, w�ll not be allowed, unless otherw�se approved by the Rev�ewer. All structures must meet the setback cr�ter�a for stand-alone structures as outl�ned �n the Setbacks sect�on of th�s Gu�de. The max�mum allowed he�ght for any such structure �s twelve (12) feet above the primary finished floor elevation of the Home, unless otherwise approved by the Rev�ewer.

Ground Plane TreatmentsTreatments that are composed of mater�als that contrast h�ghly �n color or texture w�th the rest of the landscape w�ll not be allowed. R�ver rock as a ground plane treatment or as a decorat�ve r�ver-l�ke accent �n the landscape �s not perm�tted. Ground plane treatments should not v�sually dom�nate landscape areas.

Decomposed Granite• All decomposed granite plans, color and size must be approved by Reviewer prior to

installation • Decomposed Gran�te must be �n one of the follow�ng colors: “Apache Brown,” “Mohave

Gold” or “Table Mesa Brown.” Please see Representat�ve for current suppl�er �nformat�on

• Decomposed Gran�te may be used between plant�ng but not more than one hundred (100) square feet may be exposed

• Wh�te, green, br�ck red, and/or other colors of decomposed gran�te are proh�b�ted, unless otherw�se approved by the Rev�ewer

• A pre-emergent herb�c�de �s requ�red beneath all decomposed gran�te

Gutters and Down Spouts• Gutters, down spouts and exposed dra�n outlets must be cons�stent w�th the arch�tecture

of the Home• Down spouts are typ�cally located at �ns�de corners of the Home to m�n�m�ze

the v�sual �mpact• Gutters and down spouts, except copper, must be pa�nted to complement the

exter�or elevat�on mater�als• Splash guards must complement the style of the Home

Holiday Lighting and DecorationsThe �ntent of th�s sect�on �s not to d�scourage exter�or decorat�ng for the hol�days, but only to maintain a standard of quality befitting a community like Marley Park. The Association reserves



the r�ght to proh�b�t any hol�day l�ghts and decorat�ons deemed �nappropr�ate �n the�r op�n�on for the �mage of Marley Park.

Fall decor w�ll be allowed between October 1st and December 1st. Halloween l�ghts and decorat�ons w�ll be allowed between October 1st and November 6th. Hol�day l�ghts and decorat�ons are allowed between Thanksg�v�ng and January 31st. L�ghts and decorat�ons for other hol�days may be �nstalled no more than two (2) weeks prior to the holiday and must be removed within one (1) week after the hol�day.

Irrigation• Automat�c underground �rr�gat�on systems are requ�red for all landscape areas • D�fferent valves should be prov�ded for trees, low-water-use shrubs, ornamental shrubs,

turf, pots, fru�t trees and vegetable gardens. Add�t�onal valves should be cons�dered to accommodate vary�ng sun exposures

• If rotors or trajectory type heads are used to �rr�gate turf, separate valves should be provided to maximize control and efficiency

• Spray �rr�gat�on �s l�m�ted to turf areas only• Irr�gat�on shall not spray on any wall or vert�cal surface• Irr�gat�on run-off of any k�nd �nto streets, s�dewalks, Common Areas or adjacent

propert�es �s not perm�tted • The use of dr�p �rr�gat�on systems �s encouraged for the rest of the landscape• Valve boxes, transformers, timers or other flush mounted boxes shall match the color of

the ground treatment, and should not be placed w�th�n turf areas• All free-stand�ng or wall-mounted equ�pment should be pa�nted to match the exter�or of

the house or the walls on wh�ch �t �s mounted• All equ�pment should be placed �n �nconsp�cuous areas of the s�te, generally screened

from the Public View

Landscape W�th�n Marley Park, there are abundant opportun�t�es to create except�onal outdoor l�v�ng env�ronments. The cl�mate �n Ar�zona, wh�ch �s pleasant most of the year, makes �t poss�ble to use outdoor rooms to extend the l�v�ng area of the house �nto the landscape. Landscape des�gn �n the Marley Park ne�ghborhood should accent the arch�tecture of the Home and complement the overall street scene. Just as no Home should dom�nate the Publ�c View, so too no landscape should dominate. The landscape should help the Home feel grounded, as �f �t �s grow�ng out of �ts s�te. The landscape should use mater�als that complement the arch�tecture of the Home, echo�ng �ts patterns, mass�ng, and scale �nto the s�te

6 April 2009Page 32


surround�ng the Home. The elements of the landscape should be used to accent the v�sual features of the Home, and extend �ts funct�onal�ty w�th outdoor rooms and act�ve spaces.

Landscape des�gn w�th�n Marley Park should be layered to prov�de a ser�es of spaces one passes through from the street or publ�c spaces to the house. These spaces should be �ncreas�ngly pr�vate as one approaches the Home.

• All planting beds are to be mulched, wood, fibrous or organic mulches are permitted in perenn�al and ground cover beds only

• Not more than one hundred (100) square feet of inorganic mulch may be exposed

• R�ver rock swales are proh�b�ted• When specified:

o Large shrubs range 5-6’ d�ametero Med�um shrubs range 3-4’ d�ametero Small shrubs range 1-2’ d�ameter

• Minimum plant sizes include 24” box trees, five (5) gallon shrubs and one (1) gallon ground cover

• Overall, the planting densities on each lot should be a minimum of one (1) shrub per 25 square feet of landscaped area (minus turf areas). Planting areas are defined as screen plant�ng, trans�t�on plant�ng, foundat�on plant�ng, accented mass plant�ng and enhanced plant�ng

• See also sections on pages forty-one (41) through forty-three (43) and page fifty-three (53) for additional landscape and plant requirements

Streetscape Zone (tree lined street)Care and nurtur�ng of the trees and plant mater�al located �n the streetscape zone �s the respons�b�l�ty of the Community Association. The Homeowner will be responsible for the irrigation. (Please refer to the Second Addendum to Marely Park Community Charter)

Screen Planting ZoneScreen plant�ng not only serves to screen walls and prov�de v�sual rel�ef to large exposed hardscape, but also provides privacy to residential spaces exposed to pedestrian and vehicular traffic. Screening �s ach�eved through the plant�ng of v�nes and/or a comb�nat�on of large and med�um shrubs.

Transition Planting ZoneTrans�t�on plant�ng �s requ�red between w�dely vary�ng landscapes, such as between a turf and a non-turf front yard of adjo�n�ng Houses. Trans�t�on plant�ng generally cons�sts of low ground cover �nterm�ngled w�th small shrubs.

Foundation Planting Zone



Foundat�on plant�ng �s requ�red to conceal the foundat�on of res�dences. Plant spac�ng should be a maximum of four (4) feet on-center. Foundation planting need not typically consist of one type of plant but can be mass�ngs of complementary shrubs juxtaposed to create an attract�ve frontage to the Home.

Accented Mass PlantingPlant�ng can further be accentuated through enhanced plant�ng �n focal areas and entry po�nts. Format�ve mass plant�ngs can also be ut�l�zed �n l�eu of large areas of turf. Mass plant�ngs should respect hierarchy in heights and be organized in groups of not less than three (3) shrubs.

Enhanced Planting ZoneThe enhanced plant�ng area �s typ�cally located along res�dent�al entr�es to create a focal or accent to the arr�val. The enhanced plant�ngs typ�cally prov�de color and �nterest to key po�nts �n the landscape.

Alley Landscape ZoneThe alley zone �ncludes areas of the Lot located between the rear wall or fence and the alley. In�t�al landscap�ng �n th�s area �s typ�cally prov�ded by the Bu�lder as part of the Or�g�nal Construct�on, based on approved landscape plans. Ma�ntenance of all landscap�ng �n the alley zone �s the responsibility of the Community Association. Any Additions, changes or Modifications to the landscape �n the Alley Zone requ�re approval by the Rev�ewer pr�or to �nstallat�on.

• All landscape �n the alley zone must be on an automat�c underground �rr�gat�on system t�ed to the res�dent�al �rr�gat�on system

• Within four (4) feet of the alley, plant materials selected must not grow to a mature height of higher than eighteen (18) inches

• Low groundcovers, such as turf, Rosemary, Desert Carpet Acac�a, Myroporum, and Lantana make good cho�ces

• Groundcovers shall be planted at a minimum density of one (1) plant per twenty-five (25) square feet

• Plant materials must be a minimum size of one (1) gallon or larger at the time of initial �nstallat�on

• Adjacent to rear fences along alleys, screen plant�ng w�th the use of v�nes, med�um and large shrubs �s requ�red

• A minimum of one (1) tree per lot (24” box minimum) is required in the alley zone• The center of the tree must be planted a minimum of five (5) feet from the edge of the

alley• Due to growth character�st�cs �nclud�ng canopy s�ze, l�m�ted spec�es of trees are allowed

�n the alley zone. The spec�es of trees allowed �n the alley zone are: Ghost Gum Eucalyptus, Evergreen Elm, Fantex Ash and W�llow Acac�a

• Landscaping in the alley should include one (1) tree per lot placed on the property line and outside the Public Utility Easement (PUE)

6 April 2009Page 34


• Property walls are to be set back three (3) to six (6) feet from garage face and must allow for a minimum six (6) feet wide planting strip not inclusive of the PUE in alley

Transitions Between Planting Area Where there �s no wall or arch�tectural edge, plant mater�al select�on, layout and dens�t�es must blend seamlessly �n the landscape w�thout abrupt changes. The landscape must also blend seamlessly where there �s no wall between Adjacent Lots. Concrete headers demarcat�ng the property l�nes are not perm�tted. When a vert�cal separat�on such as a wall ex�sts, the change �s allowed to be abrupt.

Landscape, MaintenanceThe Landscape of the Home �s requ�red to be ma�nta�ned �n a manner that does not become v�sually unattract�ve, overgrown or otherw�se not �n keep�ng w�th th�s Gu�de. The Representat�ve reserves all r�ghts to ensure the ma�ntenance of the landscape �n accordance w�th th�s Gu�de �nclud�ng the imposition of fines. No tree, shrub or planting of any kind shall overhang or encroach upon any publ�c r�ght-of-way, s�dewalk, b�cycle path or any other pedestr�an way from ground level to a he�ght of eight (8) feet. Each Homeowner shall be responsible for trimming and pruning of all trees in wh�ch the trunk of the tree �s located w�th�n the Lot.

Lighting Design, OutdoorThe l�ght�ng ph�losophy at Marley Park �s to create an amb�ent glow throughout the ne�ghborhood. Th�s concept �s created w�th l�ght�ng that strateg�cally �llum�nates the landscape and outdoor spaces. The goal �s to preserve, as much as poss�ble, the darkness of the n�ght sky wh�le prov�d�ng l�ght�ng as needed for safety and aesthet�cs.

To accompl�sh th�s concept, the follow�ng general requ�rements must be met for normal da�ly use:• The maximum wattage of any exterior lamp is seventy-five (75) watts;

us�ng lower wattages to ach�eve the des�red effect �s encouraged• L�ght�ng should be soft and warm; �ncandescent, halogen, and compact

fluorescent lamps (2,700-3,000 degree K only) are acceptable types of bulbs

• Uses of dramat�cally colored lamps or lenses �s not perm�tted• H�gh-�ntens�ty d�scharge sources l�ke metal hal�de and h�gh-pressure

sod�um are not perm�tted and do not comply w�th the max�mum lumen output• Mercury vapor and unshielded floodlights are prohibited• New l�ght�ng technology w�ll be rev�ewed on a case by case bas�s• Pole or post-mounted l�ghts are proh�b�ted except for landscape l�ghts under twenty-four

(24) inches tall



• Light fixtures that are wall mounted or hung from the ceiling (chandelier or pendent) should be limited to forty (40) watts

• Light fixtures should be shielded to conceal the light source and eliminate glare• Fixtures may use translucent glass shades that significantly reduce glare• “Hot spots” should be avo�ded �n the n�ght-t�me appearance of the Home• Light fixtures must blend with the landscape or complement the architecture of the Home• Light fixtures must relate to the architectural style of the Home. The scale of the fixture

must be proport�onal to the wall or space where �t �s mounted• Exterior recessed lighting in soffits, eaves or ceilings shall have the lamp recessed a

minimum of three (3) inches• Step l�ght�ng �s encouraged• Landscape l�ghts should �llum�nate vert�cal objects �n the landscape rather than hor�zontal

paved surfaces. When a paved surface �s to be �llum�nated, down l�ght�ng from trees or adjacent structures should be used

• Underwater l�ght�ng �s acceptable, but should be placed to m�n�m�ze the v�s�b�l�ty of the l�ght source

• Sport court and play area lighting must be fully screened from Public View and ne�ghbor�ng Homes. Both the source of the l�ght and the glare from �llum�nated surfaces must be fully screened

• The appearance of exterior lighting fixtures should be appropriate to the style, character and color of the Home and other Improvements

Porch and Front Door LightingCont�nuously operat�ng l�ght�ng at front porches and the front of Homes �s a key des�gn pr�nc�ple at Marley Park. Th�s type of l�ght�ng helps to create attract�ve streets, welcom�ng ne�ghborhoods and a sense of commun�ty v�tal�ty.

• Porch or front door l�ght�ng �s �mportant to prov�de a welcom�ng and open appearance to the Home �n the even�ng

• Each Home is encouraged to maintain at least one (1) light, which operates �n the “on” pos�t�on from dusk to dawn on all days, on e�ther the front porch or near the front door of the Home. Such l�ght shall be on a photocell or other automat�c t�mer to ensure cons�stent and cont�nuous operat�on

Alley LightingFor those Homes with garages accessed by the alley, a minimum of one (1) light is required to be located on the wall adjacent to the garage door. Th�s l�ght w�ll help �llum�nate the alley and add visibility for all users of the alley. Such Homes shall be required to maintain at least one (1) light, wh�ch operates �n the “on” pos�t�on from dusk to dawn on all days, adjacent to the alley. Such l�ght shall be on a photocell or other automat�c t�mer to ensure cons�stent and cont�nuous operat�on.

6 April 2009Page 36


Security LightingSecurity lights including flood, yard and motion detector lights are generally discouraged, but may be perm�tted under the follow�ng cond�t�ons:

• Secur�ty l�ghts are not allowed for general �llum�nat�on• Security lights may not exceed seventy-five (75) watts or one thousand two hundred

(1,200) lumens per location• Secur�ty l�ghts must be fully sh�elded• The source of the secur�ty l�ghts shall not be v�s�ble from publ�c spaces or Adjacent Lots• Secur�ty l�ghts may not be d�rected at the street and must generally be d�rected downward

and may not cause excess�ve glare or l�ght sp�ll onto Adjacent Lots• Security lights may not be mounted higher than the eave or more than ten (10) feet above

adjacent grade• Secur�ty l�ghts shall complement the arch�tectural style of the Home or be pa�nted to

match the color of the surface on wh�ch they are mounted• Secur�ty l�ghts may be sw�tched on or turned on by a mot�on detector. L�ghts turned on

by a motion detector will only be allowed to stay lit for twenty (20) minutes. Motion detectors must be set so that the movement of vegetat�on, pets or w�ldl�fe does not turn on the secur�ty l�ghts

• Secur�ty l�ght�ng �s not perm�tted w�th�n the front yard setback• If problems occur w�th secur�ty l�ghts the Rev�ewer and Commun�ty Assoc�at�on reserve

the right to demand that the fixtures be disconnected

Driveway, Motor Court and Garage LightingDr�veways and other hardscape surfaces should generally not be �llum�nated at n�ght. When �t �s necessary to �llum�nate these elements �n the landscape for safety reasons, dr�veway l�ght�ng should follow the follow�ng cr�ter�a:

• Driveway lighting should not “line” the driveway with fixtures• Fixtures should be spaced an average of fifty (50) feet and a minimum

of twenty-five (25) feet• Pole mounted down l�ghts should be avo�ded• Tree or wall mounted down l�ghts must be sh�elded and shall not be

hung more than nine (9) feet above the paved surface• Illuminated driveways shall not be less than five (5) feet away from Adjacent Lots• Light fixtures shall be shielded to conceal the light source and eliminate glare• Fixtures may use translucent glass shades that significantly reduce glare• “Hot spots” should be avo�ded �n the n�ght-t�me appearance of the Home• Lighting fixtures shall blend with the landscape or accent the architecture• Dr�veway l�ght�ng should never v�sually dom�nate the v�ew of the house at n�ght from publ�c

areas• In an effort to m�n�m�ze l�ght pollut�on, dr�veway l�ght�ng should generally be turned off

by automat�c methods by m�dn�ght, and should be turned off completely dur�ng extended



t�mes �n wh�ch the Home �s not occup�ed• F�xtures should po�nt toward the Home and sources should be sh�elded• The use of non-approved outdoor l�ghts w�th�n garages �s not perm�tted• When garages and other storage areas have large doors that open to exter�or spaces, the

l�ght�ng �ns�de these spaces must comply w�th the Outdoor L�ght�ng requ�rements of th�s Gu�de

Misting SystemsM�st�ng systems are not allowed on front porches, balcon�es or pat�os that face a street.

Ornamental and Structural DetailsOrnamental and structural deta�ls should be used to accent the arch�tectural style of the Home. Deta�ls �ncons�stent w�th the arch�tectural style or w�th random pattern�ng or spac�ng may not be permitted. Unless specifically approved, whether for functional or aesthetic purposes, materials such as flues, vents, louvers, flashing, ch�mney caps, ra�l�ngs, ut�l�ty boxes and mechan�cal equ�pment and metalwork of any k�nd must match the bu�ld�ng color of the adjacent

surface or be of a complementary color. Creat�v�ty �s encouraged for decorat�ve elements such as ra�l�ngs, gable vents, front door surrounds and decorat�ve t�les for sta�rs. Ornamental deta�ls should appear to be funct�onal elements.

Columns and Posts• Columns and posts should appear to be sol�d support�ng elements• Concrete and cut stone columns should be a minimum twelve (12) inch diameter. The

use of other mater�als wh�ch look l�ke stone or concrete columns can be proposed• The Rev�ewer may at �ts sole d�scret�on proh�b�t the use of mater�als other than concrete

and stone for concrete and stone columns• Wood posts should be a minimum eight (8) inches by eight (8) inches. The use of

other mater�als that look l�ke wood posts can be proposed; the Rev�ewer may at �ts sole d�scret�on proh�b�t the use of mater�als other than wood for wood posts

• Stucco columns should be a minimum twelve (12) inches by twelve (12) inches and should �nclude a tr�m accent

Trim and Applied Accent DetailsPre-cast concrete, cut stone tr�m and appl�ed accent deta�ls should be constructed from concrete or stone. When these deta�ls are constructed of other mater�als, they should appear to look l�ke concrete or stone construct�on �nclud�ng defects natural to these mater�als. The use of other mater�als

6 April 2009Page 38


that look l�ke stone or concrete deta�ls can be proposed. The Rev�ewer may at �ts sole d�scret�on proh�b�t the use of mater�als other than concrete and stone for concrete and stone deta�ls.

• The use of pre-cast concrete and cut stone tr�m and accent deta�ls should:o Be appropr�ate to the arch�tectural style of the Home o Be used as accent o Not dom�nate the Home

• Some styles perm�t the use of stucco “pop-outs” �nstead of concrete or stone tr�m elements

• When stucco “pop-outs” are used they should be �n the proport�ons of pre-cast concrete and stone tr�m deta�ls

Window Shutters, Window Guards (bars/grates)• Shutters must be proportional to the windows they flank• Shutters should be mounted to appear funct�onal • Overs�zed or unders�zed shutters w�ll not be perm�tted • Shutters that are s�zed to double fold over the w�ndow open�ng may

be acceptable �f appropr�ate to the arch�tectural style of the Home • Shutters should be constructed out of wood. The use of other

mater�als that look l�ke wood can be proposed. The Rev�ewer may at �ts sole d�scret�on, proh�b�t the use of mater�als other than wood for shutters

• Window guards (bars) are permitted when they are decorative add�t�ons to the Home and �n full compl�ance w�th all safety regulat�ons �mposed by the County, C�ty or other governmental author�ty

• Standard tube steel w�ndow bars are not perm�tted• Overly ornate �ron work that dom�nates the v�ew from the street w�ll

not be perm�tted

Rails • Ra�l�ngs should be wood, wrought metal, pre-cast concrete or carved

stone• When pre-cast concrete or carved stone �s used, the des�gn should

complement the arch�tectural style of the Home• Other elements such as a s�ngle metal ra�l may be requ�red between

pre-cast elements to meet code regulat�ons• Pre-cast or carved ra�l�ngs wh�ch dom�nate the elevat�on of the Home due to the�r heavy

mass w�ll be proh�b�ted • When metal ra�l�ngs are used, wrought or decorat�ve metal �s requ�red• Plain tube steel rails should not be used unless screened from Public View• The style of decorat�on �n the metal should complement the arch�tectural style of the

Home• Overly compl�cated decorat�on wh�ch detracts from the overall compos�t�on of the Home

should be avo�ded



• Wood ra�ls are only perm�tted when they are appropr�ate to the style and must be well ma�nta�ned

Outdoor RoomsThe extens�on of the l�v�ng spaces of a Home to the outdoors �s a very �mportant feature �n des�gn�ng homes �n Ar�zona. The outdoor l�v�ng spaces can be programmed to �ncorporate a w�de range of act�v�t�es from pr�vate �nt�mate read�ng gardens to v�ews across recreat�on lawns, to dynam�c resort-l�ke rooms dom�nated by water features and pools. These spaces expand the usable area of the Home and echo the arch�tecture �nto the landscape. When these spaces are well defined with landscape elements and walls, they create comfortable outdoor rooms that can prov�de accent and �nterest.

• Landscape walls, arcades, hedge rows, tree canop�es and placement can all be used to create outdoor rooms: spaces that define areas of the yard for different activities or d�fferent landscape express�ons

• These rooms should be completed w�th appropr�ate outdoor furn�sh�ngs, and art, accent plants or water features to prov�de focus to these spaces

• These rooms should be used to v�sually and funct�onally connect other structures and elements of the yard (such as pools or lawns) back to the house

ParkingSee Append�x D - Commun�ty Assoc�at�on Rules.

Patios, Porches and Balconies A porch �s a covered outdoor area that �s attached to the Home and elevated above the level of the yard. A pat�o �s a covered outdoor area that �s attached to the Home at approx�mately the same level as the yard. Decorat�ve wrought metal balcon�es are perm�tted when they are decorat�ve add�t�ons to the Home.

Front porches and pat�os are key des�gn features of the Homes �n Marley Park and are �mportant express�ons of the authent�c arch�tectural styles, prov�d�ng outdoor l�v�ng space focused on the commun�ty. Th�s ph�losophy carr�es forward to future Add�t�ons or other Improvements that may relate to front porches or balcon�es.

6 April 2009Page 40


Pat�os, porches and balcon�es must be: • Integrated �n the des�gn and cons�stent w�th the arch�tectural style of

the Home• These elements should not be �solated elements from the Home • Balcon�es should appear well supported and �n scale w�th the wall

mass• Conversion of any front porch or balcony to enclosed or finished

space for use as l�vable space, screened porch or part of the �nternal l�v�ng area for any Home �s not allowed

• Front porches, pat�os, and balcon�es shall be ma�nta�ned �n an attract�ve and clean manner

• Porch furn�ture, sw�ngs, rockers, potted plants and s�m�lar porch-l�ke furn�sh�ngs are encouraged

• General storage, �nclud�ng but not l�m�ted to b�cycles, play equ�pment and barbecue gr�lls, �s not allowed on front porches, pat�os or balcon�es

Patio Roofs and Patio CoversAll pat�o roofs, shade structures, trell�ses and porte-cocheres shall be v�sual extens�ons of the arch�tectural styles and ma�n roof structures of the Home.

• Such roofs shall be appropr�ate to the style and bu�ld�ng mass�ng of the Home and must look �ntegral w�th the overall compos�t�on of the Home

• Such roofs may not look “attached” or “stuck on” and must use the same deta�l�ng, materials, finishes and colors as the Home

• All such structures shall comply w�th the appl�cable bu�ld�ng setback cr�ter�a for the Lot

Pet Enclosures, Kennels, and Dog RunsPet enclosures �nclud�ng dog runs, kennels and other such areas, shall be des�gned w�th aesthet�c, no�se, and odor cons�derat�ons for the adjacent ne�ghbors and publ�c spaces. Pet enclosures shall be des�gned as �ntegral elements of the arch�tecture of the Home. The enclosures shall not appear as free stand�ng, �solated or tacked on elements to the overall s�te plan compos�t�on.

• If w�re mesh or other “open” fenc�ng �s used for the enclosure, the fenc�ng must be framed or encased �n arch�tectural elements that t�e to the arch�tecture of the Home or other s�te Improvements

• Pet enclosures must be screened from Public View and are not allowed in front of the front face of the Home

• Pet enclosures, kennels, dog runs and s�m�lar �tems may not exceed the he�ght of surrounding walls or fences and shall not be Visible from Adjacent Lots

• Pet enclosures shall be placed to m�n�m�ze adverse �mpacts to the users of adjacent property

• Such items may not be located within ten (10) feet of a view fence



• See the Commun�ty Charter for Marley Park for add�t�onal rules and regulat�ons regard�ng pets and an�mals

Planter Boxes, Raised• Ra�sed landscape planter boxes may not be attached d�rectly to common party walls of

Adjacent Lots or walls adjacent to common areas or open spaces• Raised landscape planter boxes may not exceed twenty-four (24) inches in height • The planter must have �ts own wall adjo�n�ng common party walls w�th a m�n�mum ½”

a�r space between the walls• The �ns�de of all planter walls must be water-proofed to prevent water damage to walls

PlantsLawn/Turf/GrassTurf �s encouraged and should be des�gned w�th forms that complement the arch�tecture of the Home. The turf should be located so that �t prov�des a v�sual and funct�onal extens�on of the �nter�or rooms of the house. The should be a hybr�d Bermuda grass spec�es �n sod form, and �t �s recommended that the turf be overseeded w�th perenn�al Ryegrass �n cool seasons. T�ff grass should be avoided unless enclosed and not in Public View. All retaining walls must be properly waterproofed where turf �rr�gat�on occurs on the h�gh s�de.

• Turf on slopes steeper than 6:1 �s generally not perm�tted• Turf areas must be a minimum of six (6) feet in width• Turf areas should be des�gned to complement the front walkway, courtyard or pat�o area• Turf areas are required to be defined by a steel, concrete, grouted stone or other masonry

border (minimum width of four (4) inches)• Wood, scalloped concrete and plast�c borders are generally not perm�tted• Turf areas must be �rr�gated w�th an automat�c, underground �rr�gat�on system• Turf spec�es and/or hybr�ds must be on the Approved Plant L�st• “Island Plant�ng” �s not allowed• No trans�t�on plant�ng �s requ�red �f adjo�n�ng Lot �s also turf

Ground CoverGround cover such as turf or other dense low grow�ng plants �s encouraged �n front yards, s�de yards and areas in Public View. The front and side yard should appear lush and should limit the amount of v�s�ble ground plane treatments. Ground cover or other plant�ng �s encouraged to l�m�t the v�s�b�l�ty of the ground plane treatment.

Trees and ShrubsTo prov�de a cons�stent plant�ng dens�ty throughout the ne�ghborhood, the follow�ng m�n�mum plant�ng requ�rements w�ll be enforced. To ensure s�m�lar dens�ty and coverage of plant mater�al

6 April 2009Page 42


for all Lots, the requ�rements for shrubs, ground covers and accent plants are based on the actual area in square feet (s.f.) of landscaped area exclud�ng any s�dewalks, dr�veways, pat�os or other landscape elements. Plants that need to be replaced must be replaced w�th new plants that match the qual�ty, s�ze and spec�es of the ex�st�ng plant be�ng replaced.

• One (1) shrub for every twenty-five (25) square feet of landscape area not covered by turf

• The placement of the requ�red trees and shrubs shall be des�gned to create a complete landscape

• Trees must be planted a minimum of three (3) feet from all sidewalks, curbs, driveways, fences, walls, property l�nes and Homes

• Plans that mass all of the trees and shrubs at the bu�ld�ng and place noth�ng at the outs�de edges of the Lot w�ll not be approved

• All trees must be a minimum twenty-four (24) inch boxes• Required tree density (in addition to Street Trees)

o No add�t�onal �nter�or trees requ�red for 35’/45’/55/�5’ Attached productso One add�t�onal tree per 65’/�5’ producto Two add�t�onal trees per 90’ product

Artificial VegetationArtificial vegetation of any type (including artificial turf) is limited to enclosed rear yards and may not be v�s�ble from any streets or s�dewalk nor v�s�ble from Adjacent Lots.

Plant ListThe plant l�st �s organ�zed by spec�es type: accents, groundcovers, shrubs and trees. All plants proposed for �nstallat�on, and �nstalled must conform to the L�st of Acceptable Plants. The Rev�ewer may cons�der approv�ng plants not on the l�st when an Owner makes a formal subm�ttal of proposed spec�es, grow�ng hab�ts and photos. Plant spec�es l�sted on the L�st of Acceptable Plants �s subject to change; contact the Rev�ewer or Representat�ve for an updated l�st.

List of Acceptable PlantsSee Append�x B – L�st of Acceptable Plants

Prohibited Plant ListSee Append�x C – L�st of Proh�b�ted Plants



Plant Varieties and DiversityWh�le the Approved Plant L�st conta�ns a large number of acceptable plant spec�es, the best landscapes are those that use a l�m�ted number of spec�es �n appropr�ate mass plant�ng appl�cat�ons. For example, a well-composed landscape plan that uses only six (6) or seven (7) different species in mass plant�ngs w�th accents w�ll l�kely be better than a random landscape plan that ut�l�zes twenty (20) different plant species. Consequently, the total number of different plant species allowed in the front yard zone or the alley zone is limited to ten (10) species per Lot.

Play Structures, Sports Courts and EquipmentPlay structures, sports courts and assoc�ated equ�pment shall be des�gned to m�n�m�ze the aesthet�c, no�se, l�ght�ng and glare/heat �mpacts to adjacent propert�es and the v�ew from publ�c spaces. Play structures, sports courts and equ�pment �nclud�ng �tems such as sw�ng sets, playhouses, jungle gyms, rope ladders, trampol�nes and sl�des must be approved by the Rev�ewer and w�ll be rev�ewed on a case-by-case bas�s.

• Trees, shrubs and walls shall be placed to further screen the v�ew of the equ�pment • All equ�pment must be ma�nta�ned �n an attract�ve manner• L�ght�ng assoc�ated w�th sports courts and equ�pment must comply w�th the L�ght�ng

Des�gn sect�on of th�s Gu�de• Wh�le general cr�ter�a of th�s Gu�de m�ght be met by a proposed appl�cat�on, the

Rev�ewer may refuse to approve the appl�cat�on �f, �n �ts sole d�scret�on, �t �s determ�ned that a significant negative impact would result

Play Structures• These structures when above-ground are limited in height to nine (9) feet above the finish

floor of the Home or adjacent grade (which ever is more restrictive)• All play equipment must be screened from the Public View and should be generally

screened from the v�ew from Adjacent Lots• All portions of the equipment that are Visible from Adjacent Lots must be located no

closer than five (5) feet from a property line and a minimum of ten (10) feet from any v�ew fence

Sports Courts and Equipment• Courts and equ�pment shall be placed to m�n�m�ze adverse �mpacts to the users of

adjacent property • Large hardscape surfaces and courts should be des�gned to reduce sound and m�n�m�ze

glare/heat �mpacts• Except for courts �ntegrated w�th the motor court or dr�veway of the Home, no courts are

allowed �n yards not enclosed by landscape or pr�vacy walls and fences• No courts are allowed �n the front yard setback or �n front of the front face of the Home • All above-ground sports equ�pment �nclud�ng nets, posts, goals, and backboards must be

screened from the Public View and the view from Adjacent Lots

6 April 2009Page 44


• Bu�ld�ng mounted equ�pment shall not be mounted on slop�ng roofs or �n locat�ons v�s�ble from Public View

Basketball Goals• Basketball goals and backboards are not allowed within fifteen (15) feet of any property

l�ne• Portable basketball goals are not allowed �n a front yard• Basketball goals located adjacent to dr�veways that are accessed from alleys may be

allowed. In such cases the basketball goal should be located on the �nter�or s�de of the dr�veway

• Basketball goals may not be attached to the front, rear or s�de of the House structure• Add�t�onal mature landscap�ng may be requ�red to screen any basketball hoops and

backboards from a street, common area or ne�ghbor�ng Lot • The pole and any metal supports shall be pa�nted black or pa�nted to match the House

color (except the rim of basketball hoops) • No logos or graph�cs may be added to the backboard or post beyond the manufacturer’s

logo • Basketball goals must be ma�nta�ned �n a safe and attract�ve cond�t�on, �nclud�ng r�ms

and nets

Portable Play EquipmentEqu�pment such as hockey goals and volleyball nets do not need approval but must be removed from Public View and the view of Adjacent Lots when not in use. Because this equipment must be removed when not �n use, ease of mob�l�ty and portab�l�ty should be cons�dered when choos�ng equ�pment for the yard. Portable basketball hoops are not perm�tted �n front of the front face of the Home.

Pools and SpasPools and spas must be constructed �n compl�ance w�th local regulat�ons �nclud�ng those of Mar�copa County and the C�ty of Surpr�se. Bu�ld�ng perm�ts �ssued by the C�ty of Surpr�se w�ll be requ�red for all sw�mm�ng pools and spas. Pools are not perm�tted to be dra�ned or backwashed �nto the C�ty sewer system, adjacent open space or adjacent propert�es. A backwash p�t may be requ�red or pools may be dra�ned �nto streets w�th perm�ss�on from the C�ty of Surpr�se and Marley Park. Any appl�cable regulat�ons govern�ng d�sposal of pool wastewater must be followed. All sw�mm�ng pools and spas shall comply w�th all appl�cable codes and ord�nances, �nclud�ng requ�rements for m�n�mum fence he�ghts and self-clos�ng gates, doors and w�ndows. In add�t�on, the follow�ng shall apply:

• All sw�mm�ng pools and spas, hot tubs and s�m�lar or related water features are only allowed w�th�n enclosed yards

• Pools and spas should be v�sually connected to the Home through the use of landscape



walls and hardscape• The waterl�ne of sw�mm�ng pools and spas must be set back

a minimum of five (5) feet from any property line and are not perm�tted w�th�n the front yard setback

• All sw�mm�ng pools and spas shall be the �n-ground type except that above-ground sw�mm�ng pools and spas may be perm�tted, �f not v�s�ble from the ne�ghbor�ng propert�es, Common Areas and/or the street

• Children’s portable wading pools of less than twelve (12) feet in diameter and less than twenty-four (24) inches in height are allowed �n an enclosed yard and do not requ�re des�gn rev�ew approval

• All swimming pool and spa equipment including pumps, power sources and filters should be located �n subterranean vaults or �n areas screened by landscape walls. Above ground enclosures of th�s equ�pment must meet the Ut�l�ty and Mechan�cal Equ�pment screen�ng requ�rements of th�s Gu�de

• All pool equ�pment must be screened from v�ew of streets, s�dewalks and common areas by walls, a gate or other suitable screening method to a minimum height of twelve (12) �nches above the equ�pment

• Pool and spa equipment must be a minimum of ten (10) feet from a view fence and may not be Visible from Adjacent Lots

• Operable, non-reflective pool covers are allowed• Decks or pat�os assoc�ated w�th a pool or spa must be set back

a minimum of three (3) feet from any property line to allow for landscap�ng between the pat�o and the wall

• Access for pool construct�on w�ll not be perm�tted across adjacent open space tracts or through commun�ty walls

Pool Features• Pool features, such as slides, rocks or waterfalls, that are six (6) feet in height or less

(as measured from the primary finished floor level of the Residence) shall be located a minimum of three (3) feet from any property line

• Pool features greater than six (6) feet in height (as measured from the primary finished floor level of the Residence) require approval and must be located a minimum of ten (10) feet from any property line and are limited to a maximum of nine (9) feet in height

Pots and PlantersPortable pots, planters, and other elements that contain landscape or flowers are allowed within Front Yards prov�ded that:

• Such pots are not larger than three (3) feet tall, three (3) feet wide• Larger pots w�ll generally not be approved

6 April 2009Page 46


• Pots and planters should be selected to complement the arch�tectural character of the Home and the landscape des�gn

• Only plant material from the Approved Plant List (Appendix B) and from the appl�cable Landscape Theme may be used �n pots and planters that are v�s�ble from the street or Common Areas

• Seasonal and perennial flowers that have a mature height of less than three (3) feet are allowed in pots and planters and do not have to be on the Approved Plant L�st

Refuse ContainersVisual impact to neighboring properties and Common Areas should be considered in the placement of all refuse conta�ners. Trash conta�ners must be stored �n the garage, or w�th�n enclosed yards that are screened from v�ew from the street, alleys or adjacent propert�es.

• All refuse conta�ners must be screened from off-s�te v�ews • Th�s equ�pment should be placed �n access�ble but �nconsp�cuous locat�ons • A sol�d landscape or pr�vacy wall, match�ng the arch�tecture of the Home w�th a

minimum height of three (3) inches (twelve (12) inches encouraged) above the conta�ners should be used to enclose the conta�ners

• When gates are requ�red, decorat�ve gates that complement the arch�tecture are encouraged

• Trash and recycl�ng conta�ners may not be stored �n the front yard, on a porch nor �n the front courtyard of any Home

• Refuse conta�ners must be removed from the p�ckup area on the same day that trash p�ck-up serv�ce �s prov�ded

RoofsRoof forms, similar to the massing, should be simple. Oddly configured, overly compl�cated and s�ngle plate roof forms are not allowed.

• Roofs should not slope �nto a vert�cal wall mass and cr�ckets should be avo�ded

• Concrete, clay, flat or S-tiles shall be used depending upon Home style

• Arch�tectural grade asphalt sh�ngles are perm�tted• Standing seam metal roofs painted in non-reflective colors

appropr�ate to the Home style are acceptable• Corbels should be proport�onal to the arch�tecture be�ng

supported• Exposed rafter tails should be a minimum three (3) inches wide (four (4) inches

preferred) and six (6) to eight (8) inches tall



• Rafter tails two (2) inches or less should be concealed by fascia boards• Fascia boards should be a minimum two (2) inches thick• Eave vents should be des�gned to complement the style of the arch�tecture• Dormer vents are not perm�tted• Str�ke l�nes on gable ends are not perm�tted• Roof vents should be incorporated into architectural masses (chimneys) or painted to

match the roof color and placed were they are screened from Public View

Flat RoofsFlat roofs are l�m�ted to accent areas and upper-level balcon�es only and should be surrounded by a parapet wall a minimum of ten (10) inches to a maximum thirty-six (36) inches above the roof surface.

• Parapets on lower masses must term�nate �nto the adjacent wall mass • Lower level roof surfaces and vents must complement the color of the Home • Homes with only flat roofs are not permitted

Roof Terraces Roof terraces are not allowed. Second floor balconies and patios are allowed provided they are adjacent to l�vable �nter�or space on the second level of the Home.

Rooftop EquipmentUnless otherw�se allowed by other sect�ons of th�s Gu�de, no equ�pment of any type �s allowed on the roof surface of any Home, stand alone structure or Addition, Modification or Improvement.

Security Doors and Screen Doors• Secur�ty doors and/or screen doors that are v�s�ble from the street or s�dewalk shall match

the character and arch�tectural style of the Home • Such doors shall be pa�nted or sta�ned an appropr�ate complement�ng color to the ma�n

body color of the Home or the front door • No an�mal, plant or character dep�ct�ons are allowed on a secur�ty or screen door

Setbacks, Lot Coverage and Lot JoinsAll setbacks are rev�ewed on the mer�ts of the subm�tted s�te plan des�gn. Arch�tectural bu�ld�ng masses are not permitted to fill the Lot from setback to setback in a “boxy” form. The setbacks should prov�de the l�m�ts of the bu�ld�ng mass and movement �n the wall planes �s expected w�th�n these setbacks. The C�ty Bu�ld�ng Code may be more restr�ct�ve than the setbacks �n th�s Gu�del�ne for certa�n structures.

6 April 2009Page 48


Front Yard SetbackThe front yard setback �s determ�ned on the plat. Consult w�th the Representat�ve for your Lot’s specific requirement.

• Landscape and reta�n�ng walls are perm�tted w�th�n the front yard setback, but must be set back five (5) feet from the front property line, and two (2) feet from sidewalks

• Pr�vacy walls are not perm�tted �n the front yard setback• Pot shelves, fireplaces, architectural pop-outs, style appropriate window boxes, decorative

�ron work, “Romeo and Jul�et” balcon�es, and cant�levered balcon�es may be allowed to extend �nto the front yard setback

Side Yard SetbackThe s�de yard setback �n Marley Park �s determ�ned on the plat. Consult w�th the Representat�ve for your Lot’s specific requirement.

• Walls are perm�tted on the property l�ne, and the ent�re s�de yard setback may be walled �n as pr�vate space

• S�ngle-story porches or covered areas and s�ngle-story l�v�ng areas may be allowed to extend �nto the s�de yard setback for short d�stances

• Pot shelves, fireplaces, architectural pop-outs, style appropriate window boxes, decorative �ron work, “Romeo and Jul�et” balcon�es, and cant�levered balcon�es may be allowed to extend �nto the s�de yard setback

Rear Yard Setback The rear yard setback �n Marley Park �s determ�ned on the plat. Consult w�th the Representat�ve for your Lot’s specific requirement.

• Pot shelves, fireplaces, architectural pop-outs, style appropriate window boxes, decorative �ron work, “Romeo and Jul�et” balcon�es, and cant�levered balcon�es may be allowed to extend �nto the rear yard setback

• Detached ancillary structures (i.e. casitas, ramadas, etc.) not wider than twenty-five (25) percent of the total rear Lot width (measured parallel to the rear property line) shall be allowed to encroach up to fifteen (15) feet into the rear yard setback

Lot CoverageThe maximum Lot coverage allowed by zoning and this Guide is forty-five (45) percent.

Lot JoinsLot Jo�ns are not perm�tted.

Skylights• Skylights must be concealed from Public View. Skylights, including solar tubes on

slop�ng roofs v�s�ble from the adjacent street w�ll not be perm�tted



• The skyl�ght tr�m and glaz�ng should blend w�th the adjacent mater�als • It is preferred that skylights are located on flat roofs concealed with parapet walls tall

enough to conceal the w�ndow • T�nted bronze or gray skyl�ghts are preferred; clear and wh�te skyl�ghts should be avo�ded • No more than eight (8) skylights or a maximum of forty (40) square feet of total skylight

area, wh�chever �s more restr�ct�ve, �s allowed • Inter�or l�ght�ng �n the skyl�ght must be d�rected downward

Signs and SignagePosting of signs of any kind, permanent or temporary, (including, but not limited to posters, c�rculars, b�llboards, “For Rent,” “For Lease,” “For Sale,” “Open House” and s�m�lar real estate signs) is strictly prohibited, except for those required by law. Professionally lettered “For Rent,” “For Sale” or “Open House” s�gns may be d�splayed on the Lot be�ng offered for lease, rent or sale that are in specific accordance with the following criteria for size, number, coloring, lettering and placement of s�gns.

“For Sale,” “For Rent” or “For Lease” Signs • “For Sale,” “For Rent” or “For Lease” signs may not exceed a height of four (4) feet six

(6) inches above the adjacent grade• The sign panel may not be larger than twenty-four (24) inches by thirty-six (36) inches • The post must be a minimum of four (4) inches by four (4) inches • Bold or neon colored s�gns may not be perm�tted by the Rev�ewer• Letter�ng must be �n proport�on to the s�gn• Each Lot is allowed a maximum of one (1) “For Sale” or “For Rent” sign• S�gns attached to or hung from common or theme walls are proh�b�ted

“Open House” Signs• A maximum of one (1) “Open House” sign is allowed to be located on the Lot• An “Open House” s�gn may only be d�splayed when such House �s open for v�ew�ng

by the publ�c and such s�gn must be removed �mmed�ately after the House �s no longer ava�lable for publ�c v�ew�ng

• “Open House” signs may not be placed as to obstruct pedestrian traffic or interfere with views and sight lines for vehicular traffic

• “Open House” s�gns may be placed at the entrance to the ne�ghborhood, at an intersection to provide directions to the Home and at the front of the Home (three (3) sign maximum)

• “Open House” signs may not have a sign panel larger than twenty-four (24) inches by thirty-six (36) inches

• “Open House” signs shall not exceed a height of thirty-six (36) inches above adjacent grade

• Letter�ng must be �n proport�on to the s�gn

6 April 2009Page 50


• “Open House” s�gns are encouraged to be on A-frames• S�gns attached to or hung from common or theme walls are proh�b�ted• No d�rect�onal s�gnage �s allowed to be posted on Sweetwater Avenue

Miscellaneous Signs• Bus�ness s�gns or other corporate markers are not perm�tted �n front yards or front

w�ndows• Each Lot is allowed one security sign with a maximum size of six (6) by twelve (12)

�nches that must be placed close to the Home• Secur�ty s�gns must be placed close to the home.• Garage/Yard sale s�gns are allowed to be placed after sunset the n�ght before the sale

and must be removed by sunset the day of the sale. Garage/Yard sale s�gns must follow d�rect�onal s�gnage cr�ter�a

• D�rect�onal s�gns are allowed to be placed at the entrance to the ne�ghborhood, at an intersection to provide directions to the Home and at the front of the Home (three (3) sign maximum)

• Unless otherw�se allowed by law, each Lot �s perm�tted to post one pol�t�cal s�gn forty-five (45) days before an election and for seven (7) days after the election

• Political signs may not be larger than twenty-four (24) by twenty-four (24) inches• S�gns attached to or hung from common or theme walls are proh�b�ted• No d�rect�onal s�gnage �s allowed to be posted on Sweetwater Avenue

See Append�x D - Commun�ty Assoc�at�on Rules for add�t�onal regulat�ons. The Representat�ve and Reviewer reserve all rights to create additional or modified signage criteria and signage design cr�ter�a �n the future. See the Representat�ve for the most current des�gn cr�ter�a.

Solar Designs and Wind TurnsTo control the v�sual clutter of non-arch�tectural elements attached to the exter�or of the bu�ld�ng and to reduce glare, the follow�ng requ�rements must be met regard�ng solar, w�nd, and vent�lat�on elements. No solar, wind turbine or roof top ventilation equipment will be allowed unless specifically approved.

• All such equipment shall be ground mounted, installed on a flat roof with a parapet wall high enough to screen the view of the equipment from Public View and Adjacent Lots or placed in an inconspicuous location generally screened from Public View

• All equ�pment must be pa�nted and des�gned to blend �n to the structures upon wh�ch they are mounted

• Trees, shrubs and walls shall be placed to further screen the v�ew of the equ�pment



StairsOutdoor sta�rs must be �ntegrated �nto the arch�tecture of the Home and should not appear as a tacked on element.

• Stairs that are exposed to Public View should use solid risers and be enclosed by a sol�d wall

• Metal sta�rs and exter�or sp�ral sta�rs are not allowed

Stand-Alone StructuresStand-alone structures �nclud�ng but not l�m�ted to a Guest House, cabana, pool house, detached garage, green house, shade structure, storage shed or other structure must be des�gned as a v�sual element �ntegrated w�th all ex�st�ng and proposed structures. The Rev�ewer reserves the r�ght to approve or not approve a stand-alone structure �n �ts sole d�scret�on based on locat�on, scale and proport�on. It �s the Rev�ewer’s judgment as to whether a stand-alone structure �s cons�dered a major or minor Addition, Modification or Improvement.

• Stand-alone structures should be located �n the s�de or rear of the Lot and may be restr�cted by Lot setbacks

• All structures must meet the setback cr�ter�a for accessory structures • Stand-alone structures must e�ther be attached to the ma�n structure or be separate from

the main structure by at least ten (10) feet • Stand-alone structures must meet fire code regulations • Free-standing structures may not exceed one thousand two hundred (1,200) square feet • Stand-alone structures must be cons�stent w�th and complement the arch�tectural style of

the Home • Tent-style structures as well as structures constructed of fabr�c and metal, w�ll not be

allowed • The maximum allowed height for any such structure is twelve (12) feet above the

primary finished floor elevation of the Home

Storage Buildings and ShedsIn general, backyard storage sheds or accessory bu�ld�ngs used for storage, wh�ch exceed the he�ght of any adjacent walls or fences, must be subm�tted for rev�ew and approval. The locat�on, he�ght, s�ze and placement of all storage and accessory bu�ld�ngs are �n the sole d�scret�on of the Rev�ewer. The Rev�ewer reserves the r�ght to not approve a storage-related structure that �n �ts sole d�scret�on �t feels �s too large or overs�zed for the proposed Lot or locat�on. It �s the Homeowner’s respons�b�l�ty to obta�n all necessary perm�ts �nclud�ng local, state and federal approvals and to adhere to all code requ�rements. All storage related bu�ld�ngs shall meet the setbacks requ�red by th�s Gu�de and the C�ty of Surpr�se, wh�ch may vary depend�ng on lot s�ze. See the Setbacks sect�on of th�s Chapter for setback standards.

• Storage bu�ld�ngs and sheds shall be constructed of mater�als that are arch�tecturally

6 April 2009Page 52


compat�ble w�th the Res�dence, �nclud�ng color, mater�als, style and character • Unless otherw�se approved by the Rev�ewer, such structures are l�m�ted to locat�ons

w�th�n enclosed rear yards • Storage related structures shall not exceed eighty (80) square feet in area under roof and

may not exceed a height of eight (8) feet • No storage related structure shall be located within fifteen (15) feet of a view fence • A�r supported structures are proh�b�ted

Unenclosed Exterior StorageUnenclosed exter�or storage areas must be w�th�n a rear yard and such storage may not be h�gher than the fence nor shall such storage be v�s�ble from Adjacent Lots. Such storage must be screened from Public View.

Storage TanksAll fuel tanks, water tanks or s�m�lar storage fac�l�t�es, �f any, shall be screened from v�ew from Adjacent Lots.

• On-s�te storage of gasol�ne, heat�ng or other fuels, for purposes other than the operat�on of lawn mowers, barbecue grills, fire elements, outdoor spas or yard maintenance tools and equ�pment, �s not perm�tted

• Such tanks do not exceed a capacity of twenty (20) gallons • Shall not be v�s�ble from Adjacent Lots• Water tanks may be installed below finished grade of the Lot• See Append�x D - Commun�ty Assoc�at�on Rules regard�ng fuel storage

Tile SurroundsT�le surrounds are encouraged on appropr�ate styles, but must not dom�nate the House.

Utility and Mechanical EquipmentSound and v�sual �mpact to ne�ghbor�ng propert�es and Common Areas should be cons�dered �n the placement of all mechanical (pool, AC & HVAC) and utility equipment.

• All mechan�cal equ�pment must be screened from off-s�te v�ews • Th�s equ�pment should be placed �n access�ble but �nconsp�cuous locat�ons• A sol�d landscape or pr�vacy wall, match�ng the arch�tecture of the Home w�th a

minimum height of twelve (12) inches above the equipment should be used to enclose the equ�pment

• When gates are requ�red, decorat�ve gates that complement the arch�tecture are encouraged

• Utility and Mechanical Equipment (AC & HVAC) are not permitted on the roof of a bu�ld�ng



Vegetation Barriers• Polyethylene film under landscape areas is not permitted• A pre-emergent herb�c�de �s requ�red beneath all decomposed gran�te

Walls and FencesW�th�n Marley Park, walls and fences shall be des�gned as arch�tecture elements, enclos�ng spaces �n ways that echo the arch�tecture of the Home �nto the landscape. Walls and fences should be placed and massed to complement the des�gn of the Home, avo�d�ng long, stra�ght, und�fferent�ated runs. To prov�de an open and welcom�ng feel�ng to the Home, walls should be low and transparent when v�ewed from the street or publ�c spaces.

• Walls should be formal express�ons �n the landscape, and generally w�ll not be allowed to be placed randomly

• Walls should term�nate �nto arch�tectural masses; when th�s �s not poss�ble, walls should end �n columns or th�ckened edges

• The tops of walls and fences generally shall not slope, but rather step at changes �n the mass�ng or turns �n the wall where changes �n he�ght can more eas�ly be h�dden

• Walls and fences should be bu�lt of mater�als and w�th colors that relate to the arch�tecture and style of the Home

• Changes �n mater�als or color must be made at �ns�de corners• Acceptable wall and fence des�gns �nclude:

o Concrete block w�th stuccoed and pa�nted surfaceso Honed, etched, sta�ned and sandblasted exposed concrete blocko Spl�t-faced blocko Colored and textured poured-�n-place concrete wallso Br�ck, stone or slump blocko Ornamental �ron fenceso Wood, spl�t ra�l and cha�n l�nk fences are proh�b�ted on any Loto “Dooley wall” fence block �s proh�b�ted fac�ng any street, �nclud�ng streets adjacent to

s�de yards• Pre-manufactured wall and fence systems and four (4) inch pilaster fences are generally

not acceptable, but w�ll be rev�ewed as to the�r appropr�ateness to the arch�tecture and s�te surround�ngs

• View fences must be painted an approved accent color and may not be painted the same color as the adjacent wall color or body color of the Home

• W�re or metal mesh may not be placed over a v�ew fence w�thout approval of the Rev�ewer

• Sw�mm�ng pool enclosures shall meet local safety ord�nances • Walls must not impede the flow of drainage

6 April 2009Page 54


Walls within Marley Park are regulated by wall type. There are six (6) wall types: landscape, reta�n�ng, pr�vacy, p�cket fences/trap fences, common and commun�ty (theme). These wall types are not independent of one another. A wall can be both reta�n�ng and landscape or pr�vacy and common, for example. The type of wall be�ng used w�ll determ�ne �ts appropr�ateness �n the s�te plan.

Landscape Walls Landscape walls are low walls used to define space open to Public View. These walls are �ntent�onally low and allow the publ�c to see the act�v�ty beh�nd the wall, wh�le prov�d�ng a d�st�nct separat�on of uses.

• Landscape walls are limited to forty-two (42) inches in height as measured from the finish grade on the inside of the wall, (the enclosed space)

• These walls can be used �n the front yard setback, but are encouraged to be set back a minimum of five (5) feet from the property line and two (2) feet from the sidewalk

• Landscape walls may �ncorporate v�ew fence elements on top of the wall to extend the he�ght of the enclosure w�thout dramat�cally affect�ng the v�sual openness

• Within the front yard setback, the total height of the combined enclosure (landscape wall with view fence on top) will continue to be limited to forty-two (42) inches, and in the other setbacks it will be generally limited to six (6) feet

• View fences on top of landscape walls must terminate in columns, privacy walls or architectural masses that extend at least six (6) inches above the top of the fence

• Landscape walls are generally not allowed to follow property l�nes, and must be used to enclose “outdoor rooms” as an extens�on of the arch�tecture of the Home �nto the landscape

• Landscape walls that extend the ent�re length of the street w�ll not be perm�tted • Low gates or arbors may be used as entrances �nto spaces enclosed by landscape walls

Retaining Walls Reta�n�ng walls are used to trans�t�on grade. The wall �s used to hold back earth.

• These walls are limited to four (4) feet of height as measured by the difference in grade between s�des of the wall

• These walls must extend a minimum of six (6) inches above the grade on the high side of the wall

• Landscape, common or pr�vacy walls may be constructed on top of reta�n�ng walls, and the�r he�ght w�ll cont�nue to be l�m�ted as measured from the grade on the h�gh s�de of the wall

• When reta�n�ng walls are topped w�th other walls, the two (2) walls must appear seamless in elevation, or be offset a minimum of three (3) feet to allow for a planter bed between the walls

• Walls �ncorporat�ng reta�n�ng walls, and the�r assoc�ated foot�ngs, must be set back a d�stance equal to the�r he�ght (as viewed from the street or public space) from the



sidewalk and property line (which ever is more restrictive). For example, a three (3) foot landscape wall on top of a three (3) foot retaining wall must be set back six (6) feet from the s�dewalk, and �ts foundat�on must not extend out �n front of the wall

• Reta�n�ng walls are not allowed to slope w�th grade and must make trans�t�ons to the he�ght of the top of the wall by jogg�ng the wall �n plan

• Reta�n�ng walls must be des�gned to res�st water damage to the wall, such des�gns may include waterproofing, weep holes and foundation drainage

Privacy Walls Privacy walls are walls generally more than fifty (50) percent solid used to enclose “private” areas of the Lot.

• Privacy walls are generally limited to six (6) feet in height but may be allowed to be used in combination with retaining walls to a maximum height of nine (9) feet with approval

• Long lengths of wall must jog �n plan or �ncorporate other arch�tectural elements to prov�de an �nterest�ng bu�lt statement to the ne�ghborhood

• The top of wall he�ght for pr�vacy walls should avo�d stepp�ng w�thout changes �n the d�rect�on of the wall

• Privacy walls must return to the house at a point no closer than ten (10) feet from the front face of the Home

• Pr�vacy walls are not allowed �n the front yard setback • Front yard fac�ng wall surfaces must match the arch�tectural character of the res�dences• If the style of the front yard fac�ng walls d�ffer �n character �n response to the arch�tectural

style of adjoining residences, these walls should be offset by at least two (2) feet• Pr�vacy walls abutt�ng exter�or theme walls may not be taller than the theme wall• The privacy wall must begin six (6) inches (minimum) below top of the theme wall; it

may step up one course per six (6) feet horizontally, to the desired height• Privacy wall must begin three (3) to six (6) feet behind the face of the house or porch• Concrete headers demarcat�ng property l�m�ts are not perm�tted

Picket Fences/Trap Fences P�cket Fences and Trap Fences are used to prov�de a soc�al separat�on between the publ�c s�dewalk and pr�vate front yards. These fences may also be used to keep small an�mals and ch�ldren restr�cted to the yard.

• Front yard fences taller than thirty-six (36) inches are not permitted• Materials for trap fences include tubular steel, wrought iron, aluminum and flat bar metal

or pa�nted and treated lumber wood• 20% transparency rate �s requ�red for all front yard p�cket fences• Mater�als used for fenc�ng shall be cons�stent w�th the arch�tectural character of the Lot• Wooden p�cket fences are perm�tted but w�ll requ�re ma�ntenance to offset seasonal wear• Vinyl fencing is not permitted• Low hedges are perm�tted �n l�eu of fenc�ng• Entry defining features such as columns and pilasters are permitted, but may not be taller

6 April 2009Page 56


than forty-eight (48) inches• Fences should be set back a minimum of eighteen (18) inches from the sidewalk

Common Walls Common walls are privacy (or other type) walls built on property lines shared between two (2) Adjacent Lots.

• These walls are to be constructed on the centerl�ne of the property l�ne and must generally follow the property l�ne

• These walls must follow the Gu�del�nes establ�shed for pr�vacy walls • When an Adjacent Lot has already constructed a common wall along a property l�ne

perpendicular to the street, the second Homeowner must offset their connecting (or return) wall two (2) feet from the existing face of the wall parallel to the street; this wall may be offset two (2) feet in front of the existing wall if it still returns no closer than ten (10) feet from the front face of the Home

Community (Theme) Walls Community (theme) walls are walls that are designed and installed by the Developer (or Builder) w�th the commun�ty theme.

• These walls are not allowed to be altered by the Homeowner • Temporary removal of these walls w�ll not be allowed for construct�on access

Walls, Exterior• The exterior wall materials and finish must be consistent with the

arch�tectural style of the Home • Generally there are one (1) or two (2) primary colors and individual

bu�ld�ng masses are accented w�th stone or br�ck • Mater�al and color changes should occur at �ns�de corners, vert�cal

breaks or where hor�zontal breaks occur• Stucco (a medium sand finish with a maximum grain size of 30/30)

shall be the primary wall finish• Other materials such as exposed masonry (brick, slump, block),

cement plank s�d�ng and board and batten s�d�ng are encouraged as appropr�ate to style• Accent mater�als such as stone, br�ck, adobe, and br�ck veneers are encouraged• “Spanish Lace” stucco finishes are not allowed

Walkways and SidewalksIn general, sidewalks and walkways in a front yard may not exceed five (5) feet in width.



Water Features - Fountains, Waterfalls, Ponds, Reflecting PoolsOutdoor water features such as fountains, waterfalls, ponds and reflecting pools should:

• Complement the arch�tecture of the Home • Be �ntegral to the des�gn of the landscape �n form and scale• Outdoor water features should not be placed �n �solat�on �n the landscape • They should be placed �n sett�ngs that enhance the qual�ty of outdoor

l�v�ng spaces• Water feature equipment including pumps, power sources and filters

should be located �n subterranean vaults or �n areas screened by landscape walls• Above ground enclosures of th�s equ�pment must meet the Ut�l�ty and Mechan�cal

Equ�pment screen�ng requ�rements of th�s sect�on of th�s Gu�de• Electrical cords and water lines must be underground or screened from Public View• All water features must be equ�pped w�th recycl�ng water systems• All water features must have a max height of five (5) feet (from grade floor

finish of the Home) to the top of the water spray• The features should be located �n courts or yards enclosed by walls, fences,

a landscape screen or hedges

WindowsW�ndow s�ze, placement, shape, tr�m color, l�ntels and s�lls must be cons�stent w�th the arch�tectural style of the Home and should be used to accent w�ndows.

• Glazing may not be highly reflective • Windows are encouraged to be inset a minimum of two (2) inches • Recessed windows are encouraged to be a minimum of eighteen (18) inches in depth • Full window trim or inset windows are encouraged on all elevations (front, side, rear)

Security Secur�ty dev�ces, wh�ch are v�s�ble from the street or s�dewalk, �nclud�ng w�thout l�m�tat�on, “burglar bars” for w�ndows and doors, are not perm�tted. Exter�or roll-down secur�ty dev�ces are proh�b�ted. Decorat�ve �ron work may be approved �f appropr�ate to the style of the Home.

Window Coverings• Temporary w�ndow cover�ngs are proh�b�ted, except for a reasonable amount of t�me

following move-in generally not to exceed ninety (90) days• Reflective window coverings are not allowed without approval • Window film or tint with a visible light reflection rate of twenty (20) percent or greater is

not allowed for any w�ndows, doors or skyl�ghts • In order to m�n�m�ze v�s�b�l�ty �nto a garage, opaque w�ndow cover�ngs are requ�red on all

w�ndows �n a garage that face a street• See also page 39, Ornamental and Structural Deta�ls

6 April 2009Page 58


Window Shades, Awnings, Canopies and SolarscreensAwn�ngs, canop�es and retractable w�ndow shades of any type must be approved by the Rev�ewer pr�or to �nstallat�on. The des�gn, color and style must blend w�th the des�gn, color and authent�c arch�tectural style of the Home.

• Fabr�c awn�ngs, �f allowed, shall ut�l�ze fade-res�stant colors and mater�als w�th a minimum five (5) year life span warranty

• Awn�ngs must be ma�nta�ned �n an attract�ve manner • Roll-up secur�ty shades/shutters are not perm�tted on the exter�or of the Home, and

�f used on the �nter�or of the Home, they must be dark �n color when v�ewed from the exter�or

• W�ndow solar screens are allowed prov�ded that:o The frame of the solar screen �s not larger than the metal frame of the w�ndowo The color of the solar screen frame matches the color of the w�ndow frame to wh�ch �t

�s attachedo The screen fabr�c �s black, dark brown or dark bronze �n coloro The solar screen or �ts frame shall not overlap stucco or other w�ndow tr�m elements

6 April 2009


Chapter 4

Definition of Terms



Chapter 4 Definition of TermsAccessory Buildings“Accessory Bu�ld�ngs” shall refer to any structure detached from the ma�n Home.

Addition, Modification or Improvement“Addition, Modification or Improvement” shall refer to any changes, Modifications or Additions to a Lot after �ts Or�g�nal Construct�on, including any excavation, cut, fill, buildings, outbu�ld�ngs, roads, dr�veways, park�ng areas, walls, reta�n�ng walls, sta�rs, gates, pat�os, courtyards, pools, spas, landscap�ng, exter�or l�ght�ng, poles, s�gns, exter�or art or sculptures, and any structure or other Improvement of any type or k�nd.

Adjacent Lot“Adjacent Lot” shall refer to any Lot that shares a common boundary w�th the subject Lot, as well as any Lot that �s located d�rectly across a street or across a Common Area open space less than fifty (50) feet wide.

Applicant“Applicant” shall refer to the specific individual person identified as the Applicant on the appl�cat�on form subm�tted to the Des�gn Rev�ew Comm�ttee as the Appl�cant to whom all des�gn rev�ew correspondence shall be addressed.

Approval“Approval” shall be defined as: All references �n the Govern�ng Documents to “consent” or “approval” shall refer to perm�ss�on or approvals, wh�ch unless otherw�se expressly qualified in the specific provision, may be

granted or w�thheld �n the d�scret�on of the Person whose consent or approval �s requ�red.

Approved Plant List“Approved Plant List” shall be defined as: The listing of the plant material identified by botan�cal and common name, des�gnated by the Rev�ewer or Des�gn Rev�ew Comm�ttee as acceptable for use on Lots w�th�n Marley Park, �nclud�ng any amendments that may be made.

Architectural Guidelines“Architectural Guidelines” shall be defined as: The des�gn standards and arch�tectural and aesthet�cs gu�del�nes adopted pursuant to Chapter 6 of the Commun�ty Charter, as they may be amended, wh�ch govern new construction and Modifications to Units, �nclud�ng structures, landscap�ng, and other Improvements.

AssociationThe “Association” shall be defined as: Marley Park Commun�ty Assoc�at�on, Inc., �ts successors and ass�gns.

BoardThe “Board” shall be defined as: Members of the Assoc�at�on’s Board of D�rectors.

BuilderThe “Builder” shall be defined as: The Persons who purchase one or more un�mproved lots or parcels of land w�th�n Marley Park for further subd�v�s�on or development and resale �n the ord�nary course of the�r bus�ness. Bu�lder shall also be defined as the person or entity who constructed the �n�t�al Home on the Lot.

6 April 2009Page 62


City“C�ty” shall refer to the C�ty of Surpr�se.

Common Area“Common Area” shall be defined as: Any property and fac�l�t�es that the Assoc�at�on owns or �n wh�ch �t otherw�se holds possessory or use rights for the common use or benefit of more than one Un�t. The Common Area also �ncludes any property that the Assoc�at�on holds under a lease; except that Common Area shall not �nclude any Lot or Parcel the Assoc�at�on acqu�res by the foreclosure of the Assessment L�en or by any deed �n l�eu of foreclosure.

Community“Community” shall be defined as: The master planned area known as Marley Park.

Community AssociationSee “Assoc�at�on.”

Contractor“Contractor” shall be defined as a person or ent�ty engaged by an Owner, �nclud�ng the Owner act�ng as Contractor, for the purposes of construct�ng any Improvement on the Owner’s Lot.

Cut“Cut” shall be defined as the removal of soil, rock or other earthen mater�als to create a finished grade that is lower than the existing grade.

Design Guidelines“Des�gn Gu�del�nes” shall refer to the contents of this document (this Guide) and amendments to �t.

Design Integrity“Des�gn Integr�ty” shall refer to �ntegrat�ng the follow�ng elements �nto a des�gn: scale, proport�on, balance, color, texture, shade/shadow, v�sual strength, mater�al �ntegrat�on, appropriateness and artistic endeavor as defined w�th�n th�s Gu�de.

Design Review“Des�gn Rev�ew” shall refer to the act of rev�ew�ng a des�gn subm�ss�on or any other rev�ew requ�red by the Rev�ewer or Des�gn Rev�ew Comm�ttee pursuant to th�s Gu�de.

Design Review CommitteeThe “Des�gn Rev�ew Comm�ttee” or “DRC” shall be defined as outlined in Chapter 6 of the Commun�ty Charter for Marley Park

Design Review Committee RepresentativeThe “Des�gn Rev�ew Comm�ttee Represen-tat�ve” or “Representat�ve” shall refer to the individual(s) appointed by the Board or DRC to represent the DRC.

Design Review Process“Design Review Process” shall be defined as: The process and act of rev�ew�ng by the Rev�ewer or Des�gn Rev�ew Comm�ttee.

Elements of Composition“Elements of Compos�t�on” shall refer to elements of scale, proport�on, balance, color, texture, shade/shadow, v�sual strength, mater�als, appropr�ateness and art�st�c endeavor, �n relat�on to creat�ng a cohes�ve des�gn compat�ble w�th �ts surround�ng context.



Excavation“Excavat�on” shall refer to any d�sturbance of the surface of the land, except to the extent reasonably necessary for plant�ng of approved vegetat�on, �nclud�ng trench�ng or any grad�ng of the surface.

Exterior Wall Plane“Exter�or Wall Plane” shall refer to the exter�or plane of the wall from wh�ch w�ndows and door open�ngs are cut �n and arch�tectural “pop-outs”, surrounds, s�lls, and other pre-cast deta�ls are added.

Fill“Fill” shall be defined as: Any addition of soil, rock or other earthen mater�als to the surface of the land that �ncreases the elevat�on of a surface above �ts pre-ex�st�ng state.

Final Design Submission“Final Design Submission” shall be defined as: All draw�ngs and �nformat�on requ�red as per th�s Gu�de to be subm�tted to the Des�gn Rev�ew Comm�ttee.

FounderThe “Founder” shall be defined as: Marley Park LLC, �t successors and ass�gns.

Front Yard Building Setback“Front Yard Building Setback” shall be defined as: The locat�on on the Lot, measured from the front yard property l�ne, where the l�m�ts of bu�ld�ngs and/or structures greater than forty-two (42) inches high shall not be any closer to the street.

Grounds“Grounds” shall be defined as: The area outs�de the Home �nclud�ng cabanas, terraces, pools, fences, gardens, and landscaped areas.

Guest House“Guest House” shall refer to a free-stand�ng bu�ld�ng structure separate from the ma�n res�dence that �ncludes sleep�ng accommodat�ons for one (1) or more guest(s).

Home“Home” shall be defined as: The primary bu�ld�ng constructed on a Lot �nclus�ve of any attached garage(s) used for residential purposes.

Home BuilderSee “Bu�lder.”

Home Site“Home Site” shall be defined as: The Lot on wh�ch a Home �s located.

HomeownerSee “Owner.”

Improvement“Improvement” shall be defined as: All site work, landscap�ng, structures, Improvements and other �tems placed on a Un�t �n a manner or locat�on v�s�ble from outs�de of any ex�st�ng structures of the Un�t. “Improvement” shall also mean: (a) a Residence or other building; (b) a fence or wall; (c) a swimming pool, tennis court, basketball goal, backboard or apparatus or playground equipment; (d) a road, driveway or parking area; (e) a tree, plant, shrub, grass

6 April 2009Page 64


or other landscap�ng Improvement of any type and kind; (f) a statuary, fountain, artistic work, craft work, figurine or ornamentation of any type or kind; and (g) any other structure of any type, k�nd or nature.

Lot“Lot” shall be defined as: Any separately owned un�t of real property w�th�n Marley Park that is identified as a Lot on a recorded subd�v�s�on plat or as a Un�t on a recorded condom�n�um map.

Lot Exhibit“Lot Exhibit” shall be defined as: An individual plan for a Lot �nd�cat�ng the boundar�es of a Lot, boundar�es of the res�dent�al un�t or structure, dr�veways, and other landscape and walls, and further �nd�cat�ng all dra�nage, grad�ng, setbacks, easements, ut�l�ty equ�pment, and yard Improvements �n accordance w�th the requ�rements of the Des�gn Gu�del�nes.

Lot OwnerSee “Owner.”

Maintenance“Maintenance” shall be defined as: Mainte-nance, repa�r, rehab�l�tat�on and renewal.

Master Developer or Developer“Master Developer” or “Developer” shall mean Marley Park LLC.

Original Construction“Or�g�nal Construct�on” shall refer to the mater�als, colors, methods, deta�ls, styles,

appl�cat�ons, techn�ques and appearance of the construct�on of the Home and other Improvements at the t�me of �n�t�al complet�on of the Home by the Home Bu�lder or �nd�v�dual Owner.

Owner - Homeowner“Owner” or “Homeowner” shall refer to the record owner, whether one (1) or more Persons, of beneficial or equitable title (and legal title if the same has merged with the beneficial or equitable title) to the fee simple interest of a Lot or Parcel. Owner shall not �nclude Persons hav�ng an �nterest �n a Lot or Parcel merely as secur�ty for the performance of an obl�gat�on or a Lessee. In the case of a Lot or Parcel subject to a Recorded opt�on, the opt�on or shall be deemed to be the Owner. Owner shall �nclude a purchaser under a Recorded contract for the conveyance of real property subject to the prov�s�ons of A.R.S. § 33-�41 et. seq. Owner shall not �nclude a purchaser under a purchase contract and rece�pt, escrow �nstruct�ons or s�m�lar executory contracts wh�ch are �ntended to control the r�ghts and obl�gat�ons of the part�es to the executory contracts pend�ng the clos�ng of a sale or purchase transact�on. In the case of Lots or Parcels subject to a deed of trust pursuant to Ar�zona Rev�sed Statutes, Sect�on 33-801, et seq., the Trustor shall be deemed to be the Owner. In the case of Lots or Parcels the fee s�mple t�tle to wh�ch �s vested �n a trustee pursuant to a subd�v�s�on trust agreement or similar agreement, the beneficiary of any such trust who �s ent�tled to possess�on of the trust property shall be deemed to be the Owner. For the purposes of the Construct�on Gu�del�nes, all references to “Owner” shall add�t�onally be deemed to �nclude such Owner’s agent, representat�ve, Bu�lder, Contractors or



subcontractor. “Owner” shall also be defined as: Each Person hold�ng record t�tle to a Un�t, as defined in Chapter 4 of the Community Charter, �s referred to �n the Govern�ng Documents as an “Owner.” However, a Person who holds t�tle merely as secur�ty for the performance of an obligation (such as a lender holding a mortgage or similar security instrument) is not considered an “Owner.” If a Un�t �s sold under a recorded contract of sale, and the contract specifically so states, the purchaser (rather than the holder of fee simple title) will be considered the Owner. If a Un�t has more than one Owner, all co-Owners are jo�ntly and severally obl�gated to perform the respons�b�l�t�es of the Owner under the Govern�ng Documents.

Person“Person” shall refer to an �nd�v�dual, a corporat�on, partnersh�p, l�m�ted l�ab�l�ty company or any other legal ent�ty.

Preliminary Design Review“Prel�m�nary Des�gn Rev�ew” shall be defined as the act of reviewing the Preliminary Des�gn Appl�cat�on by the Des�gn Rev�ew Comm�ttee.

Preliminary Design Submission“Prel�m�nary Des�gn Subm�ss�on” shall refer to all draw�ngs, models, and �nformat�on requ�red by the Gu�del�nes to be subm�tted to the Des�gn Rev�ew Comm�ttee for the purpose of obta�n�ng prel�m�nary des�gn approval.

Public View“Public View” shall refer to the view of the Lot and/or House from adjacent streets or Common Areas. “Publ�c” refers to anyone

us�ng or �n the streets or Common Areas of Marley Park. Th�s �ncludes the v�ew from open space corr�dors and from the surround�ng ne�ghborhoods. Th�s v�ew �s to be cons�dered from a height of three (3) feet to six (6) feet above the finish grade of the viewing area.

The ReviewerFor purposes of these Gu�del�nes, the ent�ty hav�ng jur�sd�ct�on �n a part�cular case shall be referred to as the “Rev�ewer.”

Style“Style” shall be defined as: The specific architectural character as defined by this document for the des�gn of �nd�v�dual Homes and all walls, structures, landscape, and other Improvements related thereto.

Street Tree“Street Tree” shall be defined as: The tree �nstalled by the bu�lder between the back of curb and the s�dewalk. Th�s tree �s pruned by the Commun�ty Assoc�at�on and watered by the Homeowner.

Units“Un�ts” shall refer to the homes and home s�tes �n Marley Park. A Un�t �s a port�on of Marley Park, wh�ch may be �ndependently owned and conveyed and �s zoned or otherw�se, �ntended for development, use and occupancy as a res�dence for a s�ngle fam�ly, and �ncludes each lot or un�t dep�cted �n a recorded subd�v�s�on plat or a condom�n�um �nstrument. The term “Un�t” refers to the land, �f any, wh�ch �s part of the Un�t, as well as to any structures or other Improvements on the Un�t.

6 April 2009Page 66


Visible“Visible” shall describe an object or activity on a Lot that �s or would be v�sually access�ble (without the use of artificial site-enhancing devices) in any line of sight from any point originating between three (3) and six (6) feet above any other property, �nclud�ng other Lots.

Yard“Yard” shall refer to an area w�th�n the Lot that �s outs�de the bu�ld�ng footpr�nt and �s composed of an arrangement of ornamental plant�ng, hardscape and furn�ture and may �nclude water features.

Appendix A

Forms

6 April 2009

A guide for personalizing your Home

Design Review Application

© Marley Park Community Association, Inc.6 April 2009

Date Returned to Homeowner:Date Received:

For Office Use Only

Application Fee Received:

Name of Applicant (Owner):

Property Address: Lot #:

Mailing Address (if different):

Phone # Daytime: Evening: E-mail:

Style of Home: Bungalow Cottage Craftsman Monterey Spanish Territorial Ranch Traditional

Any Modification to an existing Residence within Marley Park, including the installation of a patio cover, landscaping, ramada, gazebo, or any other physical alteration to the appearance of a House or yard, must be approved in advance by the Reviewer, unless otherwise allowed by A Guide for Personalizing Your Home. In order to minimize redesign efforts, applications for Additions, Modifications or other Improvements should be reviewed and approved by the Reviewer prior to any submissions to the City of Surprise for permits. Compliance with A Guide for Personalizing Your Home does not eliminate the need to submit to the Reviewer prior to installation.

Items to Review:

Awning, canopy, shade structure, patio coverExterior paint (if different from current scheme)Fireplace/BBQFurnitureGate(s)/wallsLandscape/hardscape ImprovementsLightingPool/spa

Ramada, gazebo, stand alone structure, storage shedRecreation/play equipmentSecurity doors/window screens, screen doorsOther

I submit this application, checklist(s), and attachment(s) for review and approval and certify that all the information contained here and in my attachments is accurate to my plans. I understand and acknowledge that no work may commence prior to approval and that I will be liable for all costs necessary to bring any nonconforming work into compliance. I understand that as part of the review process the Reviewer or Marley Park Representative may contact my surrounding neighbors regarding this project. I agree to maintain the Improvement if approved. I understand that the project must commence within ninety (90) days from the date of approval or the approval shall expire. I understand that all work must be completed within one-hundred-eighty (180) days of commencement unless otherwise approved by the Reviewer or Marley Park Representative. I will comply with all City, County and State laws and will obtain all necessary permits prior to start of construction if

Person or Contractor performing the work: Licensed Contractor: Yes No

Contact Phone #: Estimated Date of Completion:

Applications submitted without the signature of the Lot Owner will not be reviewed.Print Name: Signature: Date:

(Please check all that apply.)

Application, checklist and requested materials/information should be submitted to the Representative at:

Marley Park Community Association, Inc.15210 W Sweetwater AveSurprise, AZ 85379

Phone: 623-466-8820Fax: 623-466-8828Email: [email protected]

N/A

Modification Checklist

© Marley Park Community Association, Inc.6 April 2009

Property Address:

Lot #:The following checklist is intended to serve as a guide for the Design Review Application. During the Introductory Conversation, the Representative will determine which items will be required for this application. All required items must be included to constitute a complete Design Review Application. Only complete applications will be reviewed. For information concerning the following, refer to A Guide for Personalizing Your Home.

Introductory ConversationCompleted and signed Design Review ApplicationNeighborhood map with Home denotedColor context photos showing front of HomeColor context photos showing area of proposed ImprovementColor context photos showing neighboring homes if the proposed Improvement is within five (5) feet of property line

Checklist

Attachments (indicate number of attachments): (Should include where applicable property plat; drawings of project; plant list for landscape; location on property; example or picture; product brochure; contractor drawings; signed/dated statement in favor of project by neighbors)

∙ Property lines/footprint of Home∙ Doorways and windows∙ Covered areas

∙ Hardscape/paved areas ∙ Walls and prominent landscape elements∙ Landscape

∙ Property lines/footprint of Home∙ Doorways and windows∙ Covered areas∙ Hardscape/paved areas ∙ Walls and prominent landscape elements

∙ Landscape∙ Measurement (HxWxL) & Location∙ Installation height of Improvement∙ Materials and finishes called out

Submitted

Name of Applicant (owner): Date:

Required

Wall Cross Section and Details - show thickness, cap detail, and material

Structure - detailed, dimensioned construction drawings or images. Material sample and/or premanufactured items sample required when available

Ornamental Improvements - images, cut sheets, and specifications. (Ornamental improvements include fountains, gates, doors, window treatments, canopies, trellis, etc.)

Landscape Improvements - plant name, size, (i.e. 1 gallon, 5 gallon, 36” box), grading/drainage, ground plane treatment (material, color & size)

Manufacturer/Brand and Model Number

Material Color and Finish - (be specific as possible, ie Dunn Edwards #5328 Flat Exterior)

Lighting - image, cut sheet, intensity (wattage), direction of light, light color/bulb type, location of fixture, cables, transformers

Neighbor’s Approval

Other:

Application Fee:

Existing Conditions Site Plan - dimensioned drawings of existing conditions showing the following (existing): (minimum scale =1”=20.0’)

Proposed Improvement Site Plan - dimensioned drawings of existing conditions showing the following (proposed): minimum scale =1”=20.0’)

Appendix B

List of Acceptable Plants

6 April 2009




Trees

BOTANICAL NAME COMMON NAME Res

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Acacia farnesiana/smallii Sweet AcaciaAcacia salicina Willow AcaciaAcacia willardiana Palo BlancoArecastrum romanzoffianum Queen PalmBauhinia congesta Anacacho Orchid TreeBauhinia variegata 'Candida' White Orchid TreeBrahea armata Mexican Blue PalmChitalpa tashkentensis ChilitapaCercidium 'Desert Museum' Hybrid Palo VerdeCercidium floridum Blue Palo VerdeCercidium microphyllum Foothills Palo VerdeCercidium praecox Palo BreaChilopsis linearis Desert WillowCitrus species CitrusCupressus sempervirens Italian CypressDalbergia sissoo SissooEucalyptus erythronema Red Flowering MalleeFicus microcarpa nitida Compact Indian Laurel FigFraxinus greggii Littleleaf AshFraxinus velutina 'Fantex' Fantex AshFraxinus uhdei Shamel AshGeijera parviflora Australian WillowJacaranda mimosifolia JacarandaLysiloma candida Feather BushOlea europaea 'Swan Hill' OliveOlneya tesota IronwoodPhoenix dactylifera Date PalmPinus eldarica Mondel PinePinus halepensis Allepo PinePistachia atlantica x intergerrima Red Push PistachePistachia chinensis Chinese PistachePithecellobium flexicaule Texas EbonyProsopis alba Argentine MesquiteProsopis chilensis Chilean MesquiteProsopis glandulosa "Maverick"Prosopis glandulosa Honey MesquiteProsopis hydrid 'AZT' Thornless Mesquite

Residential Zone

6 April 2009Page ��


Prosopis 'Phoenix' Thornless MesquiteProsopis veluntina (juliflora) Velvet MesquitePrunus cerasifera 'Purple Pony" Purple Leaf PlumQuercus virginiana 'Heritage' Heritage Live OakRobinia ambigua 'Purple Robe' Purple Robe LocustRobinia idahoensis 'Purple Robe' Idaho LocustSchinus terebinthifolius Brazilian Pepper TreeSophora secundiflora Mescal BeanTipuana tipu Tipu TreeUlmus parvifolia v. 'sempervirens' Evergreen ElmVitex agnus-castus Chaste TreeWashingtonia filifera California Fan PalmWashingtonia robusta Mexican Fan Palm

Trees


iden

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Fro

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Acacia farnesiana/smallii Sweet AcaciaAcacia salicina Willow AcaciaAcacia willardiana Palo BlancoArecastrum romanzoffianum Queen PalmBauhinia congesta Anacacho Orchid TreeBauhinia variegata 'Candida' White Orchid TreeBrahea armata Mexican Blue PalmChitalpa tashkentensis ChilitapaCercidium 'Desert Museum' Hybrid Palo VerdeCercidium floridum Blue Palo VerdeCercidium microphyllum Foothills Palo VerdeCercidium praecox Palo BreaChilopsis linearis Desert WillowCitrus species CitrusCupressus sempervirens Italian CypressDalbergia sissoo SissooEucalyptus erythronema Red Flowering MalleeFicus microcarpa nitida Compact Indian Laurel FigFraxinus greggii Littleleaf AshFraxinus velutina 'Fantex' Fantex AshFraxinus uhdei Shamel AshGeijera parviflora Australian WillowJacaranda mimosifolia JacarandaLysiloma candida Feather BushOlea europaea 'Swan Hill' OliveOlneya tesota IronwoodPhoenix dactylifera Date PalmPinus eldarica Mondel PinePinus halepensis Allepo PinePistachia atlantica x intergerrima Red Push PistachePistachia chinensis Chinese PistachePithecellobium flexicaule Texas EbonyProsopis alba Argentine MesquiteProsopis chilensis Chilean MesquiteProsopis glandulosa "Maverick"Prosopis glandulosa Honey MesquiteProsopis hydrid 'AZT' Thornless Mesquite

Residential Zone

6 April 2009 Page ��


Accents


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Agave sp. AgaveAloe species Aloe VarietiesAsclepias subulata Desert MilkweedBulbine frutescens BulbineCereus species Cereus VarietiesChamaerops humilis Mediterraean Fan PalmCycas revoluta Sago PalmDasylirion acrotriche Green Desert SpoonDasylirion leiophyllum Desert SpoonDasylirion wheeleri Desert SpoonFouquieria splendens OcotilloHesperaloe species Hesperaloe VarietiesLophocereus schottii Senita CactusNolina species BeargrassPachycereus marginatus Mexican FencepostPedilanthus macrocarpus Lady's SlipperYucca species Yucca Varieties

Residential Zone

6 April 2009Page �V


Groundcovers


iden

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Acacia redolens 'Desert Carpet' Desert CarpetAntigonon leptopus Queen's WreathAquilegia chrysantha Golden-spurred ColumbineAsparagus desiflorus 'meyers' Meyer's AsparagusAsparagus desiflorus 'sprengeri' Sprenger AsparagusBaccharis pilularis 'Starn Thompson' Dwarf Coyote BushBaileya multriadiata Desert MarigoldBerlandiera lyrata Chocolate FlowerCampsis radicans Common Trumpet CreeperCarex texansis Texas Sedge GrassCarpobrotus chilensis Ice PlantCarrisa 'Green Carpet' Green CarpetCatharanthus roseus Madagascar PeriwinkleCuphea llavea Monkey FlowerConvolvulus cneorum Bush Morning Glory Convolvulus mauritanicus Ground Morning Glory Coreopsis bigelovii Desert CoreopsisCosmos species Cosmos VarietiesDalea capitata 'Sierra Gold' TM Sierra Gold DaleaDimorphotheca sinnuata African DaisyEupatorium greggii "Boothill" EupatoriaGaura lindeimeri Desert OrchidGazania rigens Trailing GazaniaGazania rigens 'Sun Gold' GazaniaGelsemium sempervirens Yellow Flowering JessamineGlandularia tenuisect 'Edith' Edith VerbenaHelianthus debilis Dune SunflowerHymenoxys acualis Angelita DaisyLantana 'New Gold' New Gold LantanaLantana species Trailing LantanaLantana 'Spreading Sunset' Spreading SunsetLonicera japonica 'Halliana' Hall's HoneysuckleMacfadyena unguis-cati Cat's Claw VineMalephora lutea Rocky Point Ice PlantMelampodium leucanthum Blackfoot DaisyMimulus cardinalis Monkey FlowerMirabilis multiflora Desert Four-o-ClockMyoporum MyoporumNemophila maculata Five SpotOenothera berlandieri Mexican Evening Primrose

Residential Zone

6 April 2009 Page V


Groundcovers


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Residential Zone

Osteospermum fruticosum Trailing African DaisyPapaver nudicaule Iceland PoppyPapaver rhoeas Shirley PoppyPenstemon baccharifolius Rock PenstemonPenstemon species PenstemonPodranea ricasoliana Pink Trumpet VineRosa banksiae Lady Bank's RoseRosemarinus officinalis 'Prostratus' Dwarf RosemaryRuellia brittoniana 'Katie' Katie RuelliaSantolina virens Green SantolinaSetcreasea pallida Purple Heart PlantUlmus parvifolia v. 'sempervirens' Evergreen ElmTrachelospermum jasimiodes Star JasmineTulbaghia violacea Society GarlicVerbena species VerbenaVigna caracalla Snail VineWedelia trilobata Yellow DotsZinnia grandilfora Little Golden Zinnia

Turf

Groundcovers


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6 April 2009Page V�


Shrubs


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Alyogyne huegelii Blue HibiscusAnisacanthus andersonii Anderson's HoneysuckleAnisacanthus quadrifidus v. brevilobus Mountain FlameAsclepias subulata Desert MilkweedBougainvillea species BougainvilleaCaesalpinia gilliesii Desert Bird of ParadiseCaesalpinia mexicana Mexican Bird of ParadiseCaesalpinia pulcherrima Red Bird of ParadiseCallistemon citrinus 'Little John' Dwarf BottlebrushCarissa grandiflora Natal Plum 'Boxwood Beauty'Carissa grandiflora Natal Plum 'Tuttlei'Cassia artemisiodes Feathery CassiaCassia nemophila Desert CassiaCassia phyllodinea Silver-leaf CassiaChrysactinia mexicana DamianitaCordia boissieri AnacahuiteCortaderia selloana pumila Dwarf Pampas GrassDalea bicolor v. argyraea Silver DaleaDalea frutescens Black DaleaDalea frutescens 'Sierra Negra' TM Sierra Negra DaleaDodonea viscosa HopbushDodonea viscosa 'Purpurea' Purple HopbushEremophila racemosa Easter Egg BushEremophila species Valentine BushEuonymus japonica Evergreen EuonymusEuphorbia rigida Gopher PlantEuropea 'Little John' Dwarf Olive ShrubEuryops pectinatus Golden EuryopsHibiscus rosa-sinensis Chinese HibiscusJasminum mesnyi Primrose JasmineJuniperus chinensis varieties JuniperJusticia candicans (ovata) Red HoneysuckleJusticia spicigera Mexican HoneysuckleLantana species Bush LantanaLarrea tridentata Creosote BushLeucophyllum species Sage VarietiesLeuc. Candidum Thunder Cloud TM Texas SageLeuc. Zygophyllum Cimmarron TM Texas SageLigustrum japonicum Japanese PrivetLonicera japonica Hall's Honeysuckle

Residential Zone

Shrubs


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Muhlenbergia capillaris Pink MuhleyMuhlenbergia rigens Deer GrassMuhlenbergia rigida 'Nashville' TM Nashville GrassMyrtus communis True MyrtleMyrtus communis v. 'Compacta' Dwarf MyrtleNerium oleander 'Petite Pink' Petite Pink OleanderPittosporum tobira Japanese Mock OrangePunica granatum 'Nana' Dwarf PomegranatePyracantha varieties PyracanthaRosa species RoseRosemarinus officinalis RosemaryRuellia species RuelliaRusselis equisetiformis Coral FountainSalvia species Sage VarietiesSimmondsia chinesis 'Vista' Vista JojobaSophora secundiflora Texas Mountain LaurelStrelitzia reginae Tropical Bird of ParadiseTecoma stans Yellow BellsTecoma stans 'Gold Star' Gold Star TecomaTecoma x 'Sunrise' Sunrise TecomaTecomaria capensis Cape HoneysuckleXylosma congestum XylosmaXylosma congestum 'Compact' Dwarf XylosomaZexmenia hispida 'Devil's River' Zexem

Shrubs


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Appendix C

List of Prohibited Plants

6 April 2009




The following materials are prohibited from use within Marley Park.

Common Name Botanical Name

Palms Any palms not specifically listed on the Approved Plant List.Desert Broom Baccharis sarathroidesBeefwood Casuarina speciesCedar Cedrus speciesCitrus Trees Any citrus trees not specifically listed on the Approved Plant List False Cypress Chamaecyparis speciesSilk Oak Grevillea robustaJuniper Trees Juniper species Exception: shrub species listed on the Approved Plant ListMulberry Tree Morus albaOlive Tree Olea europaea Exception: fruitless species listed on the Approved Plant ListMexican Palo Verde Tree Parkinsonia aculeatraFountain Grass Pennisetum setaccumTamarisk or Salt Cedar Tamarix aphyllaCommon Bermuda Grass Cynodon dactylon

Prohibited Landscape MaterialsPolyethylene film under landscape areas are generally not permitted.Steel, plastic, scalloped concrete or wooden headers or borders are generally not permitted.Colored rock, gravels, decomposed granite or mineral ground cover other than those described and specifically allowed by these Guidelines.

Appendix D

Community Association Rules

6 April 2009




Appendix D - Community Association RulesThe following Rules shall apply to all of Marley Park until such time as they are modified pursuant to the Community Charter.

1. General. Marley Park shall be used only for the residential, recreational, and related purposes (which may include, without limitation, an information center and/ or a sales office for any real estate broker retained by the Founder or any Founder affiliate to assist in the sale of property described in Exhibit “A” or “B,” offices for any property manager retained by the Association, or business offices for the Founder, any Founder Affiliate or the Association) consistent with the Charter and any Supplement.

2. Restricted Activities. Unless expressly authorized by, and then subject to such conditions as may be imposed by the Board, the fallowing activities are prohibited within Marley Park:

(a) Parking of commercial vehicles or equipment, mobile homes, recreational vehicles, golf carts, boats and other watercraft, trailers, stored vehicles, or inoperable vehicles in places other than enclosed garages; provided, construction, service and delivery vehicles shall be exempt from this provision during normal business hours for such period of time as is reasonably necessary to provide service or to make a delivery to a Unit or a Common Area, provided that no parked vehicle shall block any sidewalk within Marley Park;

(b) Raising, breeding, or keeping animals except that a reasonable number of dogs, cats, or other usual and common household pets may be permitted in a Unit. However, those pets which are permitted to roam free, or, in the Board’s sole discretion, make objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants of other Units shall be removed upon the Board’s request. If the pet owner fails to honor such request, the Board may remove the pet. Pets shall be kept on a leash or otherwise confined in a manner acceptable to the Board whenever outside the dwelling, and all pet owners shall be responsible for immediately removing and disposing of any pet waste. Pets shall be registered, licensed, and inoculated as required by law;

(c) Any activity that emits foul or obnoxious odors outside the Unit or creates noise or other conditions that tend to disturb the peace or threaten the safety of the occupants of other Units;

(d) Any activity that violates local, state, or federal laws or regulations; however, the Board shall have no obligation to take enforcement action in the event of a violation;

(e) Pursuit of hobbies or other activities that tend to cause an unclean, unhealthy, or untidy

6 April 2009Page ��


condition to exist outside of enclosed structures on the Unit; (f) Any noxious or offensive activity which in the reasonable determination of the Board tends to cause embarrassment, discomfort, annoyance, or nuisance to persons using the Common Area or the occupants of other Units;

(g) Outside burning of trash, leaves, debris, or other materials, except during the normal course of constructing a dwelling on a Unit;

(h) Use or discharge of any radio, loudspeaker, horn, whistle, bell, or other sound device so as to be audible to occupants of other Units, except alarm devices used exclusively for security purposes;

(i) Accumulation of rubbish, trash, or garbage, except between regular garbage pickups, and then only in approved containers which must be stored in an enclosed garage except on the regular day for garbage collection;

(j) The carrying, use, or discharge of firearms; provided, the Board shall have no obligation to take action to prevent or stop such carrying, use, or discharge;

(k) On-Site storage of fuel, except that a reasonable amount of fuel may be stored on each Unit for emergency purposes and operation of lawn mowers and similar tools or equipment, and the Association shall be permitted to store fuel for operation of maintenance vehicles, generators, and similar equipment. This provision shall not apply to any underground fuel tank authorized pursuant to Chapter 6;

(l) Any activities which materially disturb or destroy the vegetation, wildlife, wetlands, or air quality within Marley Park or which use excessive amounts of water or which result in unreasonable levels of sound or light pollution;

(m) Conversion of any carport or garage to finished space for use as an apartment or other integral part of the living area on any Unit;

(n) Placement, construction, installation, or any modification of any thing, permanently or temporarily, on the outside portions of the Unit, whether such portion is improved or unimproved, except in strict compliance with provisions of Chapter 6 and the Design Guidelines. This shall include, without limitation, signs (other than one sign placed in the front of a dwelling advertising that the Unit is for sale); basketball hoops, and swing sets and similar sports and play equipment; clotheslines; garbage cans; woodpiles; lawn ornamentation; above-ground swimming pools; docks; piers, and similar structures; hedges, walls, dog runs,

6 April 2009 Page ��


animal pens, or fences of any kind; and satellite dishes and antennas, except that: (i) an antenna designed to receive direct broadcast satellite services, including direct to home satellite services, that is one meter or less in diameter; or

(ii) an antenna designed to receive video programming services via multipoint distribution services, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, that is one meter or less in diameter or diagonal measurement; or

(iii) an antenna that is designed to receive television broadcast signals;

(collectively, “Permitted Antennas”) shall be permitted on Units, subject to such reasonable requirements as to location and screening as may be set forth in the Design Guidelines, consistent with applicable law, in order to minimize obtrusiveness as viewed from the streets and adjacent property. The Founder and/or the Founders Affiliates and/ or the Association shall have the right, without obligation, to erect an aerial, satellite dish, or other apparatus for a master antenna, cable, or other communication system for the benefit of all or a portion of Marley Park, should any master system or systems be utilized by the Association and require such exterior apparatus.

American flags shall be permitted in the Community; provided, the Board may promulgate reasonable rules and regulations governing the permitted size of, and the time, place, and manner of displaying such flags; and

(o) Vehicle maintenance on any part of a Unit other than inside an enclosed garage, except under circumstances where it is not practical to do so. When it is not practical to perform vehicle maintenance in an enclosed garage, such maintenance may be preformed in a driveway, provided such activity must occur only during daylight hours and the vehicle upon which maintenance is being preformed must be placed in an enclosed garage at the end of each day.

3. Prohibited Conditions and Activities. The following shall be prohibited at Marley Park:

(a) Plants, animals, devices, or other things of other things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of Marley Park;

(b) Structures, equipment, or other items on the exterior portions of a Unit which have

6 April 2009Page IV


become rusty, dilapidated, or otherwise fallen into disrepair, including, but not limited to worn, peeling, or chipped paint on the exterior portion of a Unit; and

(c) Capturing, killing, or trapping wildlife within the Community, except by appropriately trained Persons in circumstances imposing an imminent threat to the safety of Persons or pets.