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NEW TERRITORY New Territory Residential Community Association, Inc.

Homeowner Handbook 2007

6101 Homeward Way, Sugar Land, Texas 77479 Phone: 281-565-0616

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Dear New Territory Homeowner: Your decision to purchase a home in New Territory indicates that you appreciate the beauty, convenience, and protection offered by a master planned community. One objective of the New Territory Residential Community Association (NTRCA) is to protect and enhance your property’s value. Careful review of proposed property modifications and strict enforcement of deed restriction policies is a key step in meeting this objective. Section I is a summary of deed restrictions and is intended to be a brief overview and reference guide. Section II is devoted to landscape maintenance requirements. New Territory has won several national and area awards for its landscaping of community areas. Proper maintenance and care of residential landscaping is an important factor in keeping our community desirable to potential buyers. Many of our residents want to improve their homes by making modifications or changes. In order to preserve the character of the community, these proposed changes are required to go through a process and meet certain standards. This is covered in Section III. Changes in building techniques and maintenance materials are some of the factors that require these policies to be periodically updated by the board. Any proposed changes will be voted on at an open board meeting and will be published on our website at www.newterritory.org. You are encouraged to regularly check this site. Any changes in these regulations can be found by clicking on the xxxxxxxx link. Resident input and ideas on these polices is always welcome. Thank you for your continued compliance and input to these policies. NTRCA Board of Directors

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CONTENTS Introduction Section I – Deed Restrictions

1. Deed Restriction Summary Animals ....................................................................................................................... 1 Antennas...................................................................................................................... 1 Basketball Goals .......................................................................................................... 1 Clotheslines ................................................................................................................. 1 Commercial Vehicles................................................................................................... 1 Curbs ........................................................................................................................... 1 Drainage ...................................................................................................................... 1 Driveways.................................................................................................................... 1 Edging and Borders ..................................................................................................... 1 Exterior Maintenance................................................................................................... 2 Fencing ........................................................................................................................ 2 Firearms....................................................................................................................... 2 Flags ............................................................................................................................ 2 Garages........................................................................................................................ 2 Garbage Cans............................................................................................................... 2 Gutters and Downspouts.............................................................................................. 2 Home Based Business.................................................................................................. 2 Holiday Decorations .................................................................................................... 2 House Numbers ........................................................................................................... 2 Landscape Maintenance............................................................................................... 2 Lighting ....................................................................................................................... 2 Newspapers.................................................................................................................. 3 Nuisance ...................................................................................................................... 3 Pets ............................................................................................................................. 3 Paint Palette ................................................................................................................. 3 Plant Palette ................................................................................................................. 3 Play Structures and Swing sets .................................................................................... 3 Prohibited Use ............................................................................................................. 3 Recycling..................................................................................................................... 3 Sidewalk Maintenance................................................................................................. 3 Signage Guidelines ...................................................................................................... 4 Banner signs ........................................................................................................ 4 Contractor signs ................................................................................................... 4 For Sale/Rent signs .............................................................................................. 4 Garage Sale signs................................................................................................. 4 High School and Booster Club signs ................................................................... 4 Home Security signs ............................................................................................ 4 Political signs....................................................................................................... 4 Special Occasion signs......................................................................................... 4 Skateboard/bicycle ramps............................................................................................ 4 Storage Buildings ........................................................................................................ 4 Swimming Pools/Spas ................................................................................................. 5 Temporary Buildings ................................................................................................... 5 Trash............................................................................................................................ 5 Trees ............................................................................................................................ 5

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Vehicles ....................................................................................................................... 5 Window Air Conditioners............................................................................................ 5 Windows...................................................................................................................... 5 Woodpiles.................................................................................................................... 5 Yard Decorations and Furniture................................................................................... 5 Yard Maintenance........................................................................................................ 5

2. Deed Restriction Enforcement Process .................................................................... 6 Section II – Landscape Maintenance

1. Landscape Maintenance - Standards and Criteria Purpose ........................................................................................................................ 7 Edging and Borders ..................................................................................................... 7 Flower Beds/ Landscaping........................................................................................... 7 Lawn Maintenance ...................................................................................................... 8 Shrubs/Groundcover .................................................................................................... 8 Trees – Adding or Replacing Street Trees ................................................................... 8 Trees – Definitions of Tree Measurement ................................................................... 9 Trees – Tree Wells....................................................................................................... 9 Trees – Yard Trees ...................................................................................................... 9 Trees – Yard Trees Replacement................................................................................. 9

2. Plants – New Territory Palette Evergreen..................................................................................................................... 10 Ornamental .................................................................................................................. 10 Deciduous .................................................................................................................... 10 Palm............................................................................................................................. 10 Fruit ............................................................................................................................. 10 Ground Cover .............................................................................................................. 10 Shrubs.......................................................................................................................... 10 Vines............................................................................................................................ 11 Seasonal Color............................................................................................................. 11

Section III – Modifications and Improvements

1. Modification Process Policy Statement .......................................................................................................... 12 Home Improvement Approval Form............................................................................ 12 Time Limitations ......................................................................................................... 12 Application Withdrawal............................................................................................... 12 Variances ..................................................................................................................... 13 Inspections................................................................................................................... 13 Appeals........................................................................................................................ 13 Modification Committee.............................................................................................. 13 Authority.............................................................................................................. 13 Members .............................................................................................................. 13 Majority vote ....................................................................................................... 13 Meetings .............................................................................................................. 13 Responsibilities.................................................................................................... 14 Limitation of Responsibilities.............................................................................. 14

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2. Modification Guidelines and Criteria Arbors/Gazebos ........................................................................................................... 15 Basketball Goals .......................................................................................................... 15 Birdbaths and Birdhouses ............................................................................................ 15 Building Additions – See Room Additions.................................................................. 16 Building Extensions..................................................................................................... 16 Chimneys .................................................................................................................... 16 Doors ........................................................................................................................... 16 Front Doors.......................................................................................................... 16 Storm Doors......................................................................................................... 16 Garage Doors....................................................................................................... 16 Driveways.................................................................................................................... 17 Materials and Construction .................................................................................. 17 Location and Dimensions .................................................................................... 17 Extensions............................................................................................................ 17 Exterior Colors ............................................................................................................ 17 Exterior Lighting ......................................................................................................... 17 Exterior Materials and Finishes ................................................................................... 18 Fencing ........................................................................................................................ 18 General ................................................................................................................ 18 Wood Fencing...................................................................................................... 19 Metal/Wrought Iron/Aluminum Fencing ............................................................. 19 Metal fence gates ................................................................................................. 19 Metal Driveway Gates ........................................................................................ 19 Flags ............................................................................................................................ 19 Garages........................................................................................................................ 19 Grading and Drainage.................................................................................................. 20 Gutters and Downspouts.............................................................................................. 20 House Numbers ........................................................................................................... 20 Irrigation Systems........................................................................................................ 20 Lighting ....................................................................................................................... 20 Mechanical Equipment ................................................................................................ 20 Paint – See Exterior Colors (in this section) ................................................................... 21 Patio Covers................................................................................................................. 21 Acceptable Patio or Shade Structure Materials.................................................... 21 Unacceptable Materials........................................................................................ 21 Patio Extensions/Decks ............................................................................................... 21 Play Structures and Swing Sets.................................................................................... 21 Potted Plants ................................................................................................................ 22 Roofs ........................................................................................................................... 22 Roof Pitch, Form and Materials........................................................................... 22 Exposed Roof Metal ............................................................................................ 22 Skylights .............................................................................................................. 23 Solar Devices....................................................................................................... 23 Room Additions........................................................................................................... 23 Satellite Dishes ............................................................................................................ 23 Screen Enclosures and Doors ...................................................................................... 23 Setback Criteria ........................................................................................................... 23 Sidewalks..................................................................................................................... 23 Statues and Topiaries................................................................................................... 24 Storage Buildings ........................................................................................................ 24 Swimming Pools/Spas ................................................................................................ 24

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Trampolines................................................................................................................. 24 Window Treatments .................................................................................................... 25 Windows.............................................................................................................. 25 Window Awnings, Shades and Coverings ........................................................... 25 Glazing/Glass Tinting .......................................................................................... 25 Window & Door Ornamentation.......................................................................... 25 Solar Screening.................................................................................................... 25 Yard Furniture in Front or Side Yard .......................................................................... 25

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SECTION I DEED RESTRICTIONS

1. DEED RESTRICTION SUMMARY The following is a summary of frequently addressed deed restrictions and is intended to be a brief overview and reference guide. For additional details, see the Article, Section, and Page references in the New Territory Covenants, Conditions and Restrictions (CC&R), Resolutions and other governing documents which are available on the New Territory website. The authority to establish the following compliance rules is provided in Article III C. Section 17(f) of the NTRCA By-Laws. ANIMALS – See PETS ANTENNAS – Antennas of any type, including satellite dishes, must have written Modification Committee approval. Article VIII, Section 2, Page 57. BASKETBALL GOALS – May be roof mounted to a rear detached garage or on a free-standing black pole. No basketball goal may be placed in the street or on attached front loading or side loading garages. Nets must be white, black, or tri-color red-white-blue. Fluorescent colors are not permitted. Chain nets are permitted. Backboards, supports, poles, and nets must comply with materials and construction described in Section III of this handbook and must be maintained so they do not detract from the neighborhood. Bases must be weighted according to assembly specifications and not with sandbags, bricks, rocks or other materials. CLOTHESLINES – Must be concealed from public and adjoining property view. Article VIII, Section 9, Page 61. COMMERCIAL VEHICLES – No buses, campers, tow trucks, recreational vehicles, limousines, or any other type commercial vehicle will be permitted to park on any portion of a common area within New Territory. CURBS – Must be kept clean and free of discoloration from dirt, mold, and/or algae, or mildew. Article VII, Section 3, Page 54. DRAINAGE – Modification to the grading or drainage installed by the original builder must be approved by the Modification Committee. No owner or occupant may obstruct or rechannel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains. No obstructions or debris may be placed in catch basins or drainage areas. Article VIII, Section 8, Page 61. DRIVEWAYS – All owners are responsible for the maintenance and repair of their driveways. Driveways must be kept clean and free of discoloration from dirt, mold, algae, and/or mildew and may not be painted. Article VII, Section 3, Page 54 and Article VII, Section 5, Page 56. See website for specifications for maximum allowable offset of adjacent panels or offset to sidewalk panels. EDGING AND BORDERS – Must be maintained, replaced when damaged and be kept weed free. Criteria for edging and borders can be found in Section II of this handbook.

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EXTERIOR MAINTENANCE – The exterior of a home must be painted when the existing paint is fading, chipping, peeling or otherwise in need of repainting. All rotted wood must be replaced, and mildew must be removed as needed. A home may require repainting once mildew has been removed. Article VII, Section 5, page 56. It is recommended that a home is power washed seasonally. FENCING – Must conform to all requirements found in Section III of this handbook. FIREARMS – The use of firearms in the community, including B-B guns, pellet guns or any other type of small firearm is prohibited. Article VIII, Section 10, Page 61. FLAGS – Must conform to all requirements found in Section III of this handbook. GARAGES – Litter and debris, including trash cans, is prohibited in the areas in front of garages. Construction criteria for garages can be found in Section III of this handbook. GARBAGE CANS – Must conform to guidelines prescribed by the garbage collection company and must be concealed from public and adjoining property view. Article VIII, Section 9, Page 61. GUTTERS AND DOWNSPOUTS – Must be painted or have a factory applied color to match the approved siding or trim color of the home. Damaged or deteriorated gutters or downspouts must be replaced. Gutters not originally installed by the builder are not required unless damage is resulting to fascia, siding or landscaping. Article VII, Section 5, page 56. HOME BASED BUSINESSES – Must have written approval from the NTRCA for home based businesses. Article VIII, Section 1, Page 56. HOLIDAY DECORATIONS – Holiday decorations may be displayed fourteen days prior to a holiday and must be removed five days after. For December holidays, decorative lighting and decorations may commence the day after Thanksgiving until January 15. At the end of the prescribed periods, decorative lights must be removed even if not lit and landscaping lights must be restored to their original white color. HOUSE NUMBERS – Must conform with the overall character of the neighborhood, must be 4” in height, and be made of wood, plastic, metal, ceramic, or carved into stone. No peel-and-stick numbers are permitted. Numbers may not be placed on the front door. Painting of address numbers on street curbs is permitted. Curb numbers must be black, 4” in height, on a white background which is no more than 6” in height by 18” in width with no special motif, and must be maintained. Article VIII, Section 14, Page 63. LANDSCAPE MAINTENANCE – An owner’s landscape maintenance obligations include mowing, watering, fertilizing, weeding, trimming, and replacing all dead landscaping as needed. An owner shall sod his lawn and maintain the lawn by edging and mowing. Article VII, Section 5, Page 56 and Article VIII, Section 12, Page 62. LIGHTING – Mercury vapor, sodium halide or fluorescent lights are prohibited. Colored bulbs or lens covers are not permitted except during holiday seasons. House mounted lighting must be complementary or painted to match the primary color of the residence. Freestanding “yard” lights must be single lamp, dark green, dark brown or black in color, no higher than 6’, and may not have signs of any type attached to them.

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Standard commercial grade landscaping lights are permitted in landscaping beds only, with white or frosted low voltage bulbs, and wiring and transformers concealed from view. The NTRCA Compliance Coordinator and the Modification Committee have the authority to require the relocation or removal of any fixtures, which adversely affect neighboring properties. NEWSPAPERS – No more than 3 newspapers may be left on a residential lot. NUISANCE – Owners must keep their property clean, healthy and must not create a nuisance or a disturbance of the peace. Article VII, Section 3, Page 54. PETS – No poultry, livestock or animals may be raised, bred, kept, or permitted other than dogs, cats or other common household pets. No owner will be permitted to own more than three pets, with the exception of constantly caged, indoor animals, and litters of animals that are less than 3 months old. All pets must be kept on a leash when outside of the owners’ fenced yard. Owners must pick up and dispose of their pet’s droppings left on common areas or neighbors’ yards. Noise nuisance from pets, such as excessive barking that disturbs the peace, is prohibited. Article VIII, Section 3, Page 57. PAINT PALETTE – Only approved paint colors listed on the New Territory website are allowed for house and trim. It is preferred, but not required, that the trim color be a secondary color, darker than the base color. The paint must have a satin or semi-gloss finish. No flat paint is permitted. If repainting with the same color (original or previously approved), no approval is required. PLANT PALETTE – Acceptable plant species are found on the New Territory website and in Section II of this handbook. PLAY STRUCTURES AND SWINGSETS – Must be placed at the rear of the lot behind a fence or screened from public view from any abutting street. Article VIII, Section 19, Page 63. PROHIBITED USE – No use of a property is permitted which is offensive by reason of odor, fumes, noise, pollution or hazards. The burning of trash is prohibited. Article VII, Section 2, Page 54. RECYCLING – Containers must conform to guidelines prescribed by the garbage collection company and must be concealed from public and adjoining property view. Recycling containers may be placed at the curb no earlier than 7 PM on the evening prior to the scheduled recycling day and must be removed from the curb no later than 7 PM on recycling day. Article VIII, Section 9, Page 61. SIDEWALK MAINTENANCE – All owners are responsible for the maintenance and repair of the sidewalks within or adjacent to their lot. Sidewalks must be kept clean and free of discoloration from dirt, mold, algae, and/or mildew. Article VII, Section 3, Page 54 and Article VII, Section 5, Page 56. The maximum allowable offset of adjacent panels and/or panels in the driveway is 2 inches.

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SIGNAGE GUIDELINES – The following signs do not require prior approval if they are in compliance with these guidelines.

Banner signs – Only NTRCA Program Partners may display banner signs by submitting a “Banner Sign Request” for approval to the Community General Manager no less than 30 days prior to the date of the desired posting. (NTRCA Resolution #P2005-01) Contractor signs – Permanent or temporary contractor signs are strictly prohibited. It will be the homeowners’ responsibility to ensure that contractors do not display signs on their property. In the event that a sign is displayed, the homeowner is responsible for any deed restriction violation.

For Sale/Rent signs – Only one sign advertising the sale of a lot is permitted and must be placed in the front of the lot. The sign must not exceed 24” x 36” and must be professionally manufactured exclusively for the purpose of advertising the sale of real property. No signs, billboards, posters, or other advertising devices of any type are permitted. Article VIII, Section 20, Page 63.

Garage Sale signs – Must be obtained from the NTRCA office, are limited to 4 per household, and must follow the guidelines for placement, posting duration, and format as prescribed on the application.

High School and Booster Club signs – All high school and booster club signage is permitted provided it meets the following criteria: signs cannot exceed 24” x 36”, a maximum of two signs (or one sign per student) is allowed, signs may only be placed inside the windows or in front of the home and should remain displayed only during that “sports season”.

Home Security signs – All home security signs will be permitted provided the following guidelines are adhered to: signs are not to be used to promote any security company, must be professionally manufactured and not exceed 15” in height when installed. One sign shall be permitted at the front and/or rear entrance to the home. And one sign shall be permitted to be placed on an exterior fence. Security signs are not permitted to be placed on the house or garage. No more than two window decals shall be permitted and may not exceed 6” square..

Political signs – Are permitted only as temporary signs on private property for local, state or federal election purposes and must conform to state law. Political signs are prohibited on any dedicated right-of-way or NTRCA facilities and/or common areas.

Special Occasion signs – May be displayed for two weeks. This includes birth and graduation announcements. Birthday decorations may be placed on the exterior of the home for three days.

SKATEBOARD/BICYCLE RAMPS – May not be placed on sidewalks or in the street. Ramps are only permitted in driveways. No portion of the ramp may extend past the front of the home. Ramps must comply with the construction, materials, size, and location guidelines in Section III of this handbook and be approved by the Modification Committee. STORAGE BUILDINGS – Must comply with the construction, materials, size, and location guidelines in Section III of this handbook and be approved by the Modification Committee.

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SWIMMING POOLS/SPAS – All pools, spas, hot tubs and pool decking must be approved by the Modification Committee prior to installation and comply with guidelines found in Section III of this handbook. Above ground pools are not permitted. Pumps and filters must be concealed from public and adjoining property view. Pool water or backwash must drain into the sewer and decking water must not drain onto adjacent properties but may drain into the street. Texas law requires self-latching gates with springs. Article VIII, Section 9, Page 61. TEMPORARY BUILDINGS – Are prohibited from being placed in the community. Article VIII, Section 11, Page 61. TRASH – Is to be placed in refuse containers with tight fitting covers and must be stored out of public view. Trash may be placed at the curb in a secure container no earlier than 7 PM on the evening prior to the scheduled trash day and must be removed from the curb no later than 7PM on trash day. Article VIII, Section 7, Page 60. TREES – No fruit trees are permitted in front or side yards unless originally planted by the builder. Tree replacement, removal and additional planting must comply with guidelines found in Section II of this handbook. Trees must be kept trimmed to specified heights found on the New Territory website. VEHICLES – Includes motor homes, boats, trailers, motorcycles, minibikes, scooters, go-carts, trucks, campers, buses, vans, and automobiles. No boat, motor home, trailer, camper or recreational vehicle shall be left upon any lot for longer than 24 hours. No vehicle may be left upon any lot, except in a garage, for longer than 5 days if it is unlicensed or if it is in a condition such that it is incapable of being operated upon the public highways. No motorized vehicles shall be permitted on common areas whether paved or unpaved. Article VIII, Section 6, Page 59. WINDOW AIR CONDITIONERS – Must be concealed from public and adjoining property view. Article VIII, Section 9, Page 61 and Article VIII, Section 4, Page 58. WINDOWS – Windows, window coverings, interior treatments, glazing, tinting, ornamentation, and screening must comply with guidelines found in Section III of this handbook. Foil and/or reflective finishes are prohibited. Interior window treatments, visible from public streets, must be white, off white or neutral in color. Natural wood blinds are permitted. Paper, bed sheeting, foil, tape or other temporary material is not permitted except during time of imminent weather damage and must be removed promptly, including tape and tape residue. Burglar bars visible from a public area are prohibited. WOODPILES – Must be concealed from public and adjoining property view. Article VIII, Section 9, Page 61. YARD DECORATIONS AND FURNITURE – Must have written Modification Committee approval prior to installation and must be maintained at all times. Article VIII, Section 18, Page 63. YARD MAINTENANCE – See LANDSCAPE MAINTENANCE above.

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2. DEED RESTRICTION PROCESS Every ten days, the Compliance Coordinator inspects each neighborhood. Based on these inspections, deed restriction violation letters are generated and sent to homeowners to advise them of the need to correct deed restriction violations. The series of letters is as follows:

1st letter – States the deed restriction violation and allows for 10 days to correct the violation. Action is required. If more time is needed to correct the violation, the homeowner must contact the NTRCA Office. 2nd letter – States that the violation has not been corrected and must be corrected within 10 days. Advises the homeowner that he may become subject to a $75 fine and suspension of NTRCA privileges if the violation is not corrected. 3rd letter – This letter is sent Certified Mail and advises the homeowner that if the deed restriction violation is not corrected in the allotted timeframe, then a $75 fine will be imposed, NTRCA privileges will be suspended, and the issue may be turned over to the Association attorney. This letter also advises the homeowner of his right to request a hearing before the NTRCA Board of Directors. 3rd letter for Repeat Offenders – If a homeowner has previously received a 3rd letter and the same or similar violation reoccurs within 6 months, then a certified letter is immediately sent advising the homeowner that the violation must be corrected within 10 days in order to avoid a $75 fine and suspension of NTRCA privileges. The letter also advises that if the violation is not corrected, the issue may be turned over to the Association attorney. 4th letter – This letter includes an invoice and advises the homeowner that he has been assessed a $75 fine and NTRCA privileges have been suspended. NTRCA privileges will not be reinstated until the fine is paid in full and the deed restriction violation has been corrected. If no action is taken, the issue is turned over to the Association attorney.

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SECTION II LANDSCAPE MAINTENANCE

1. LANDSCAPE MAINTENANCE - STANDARDS AND CRITERIA PURPOSE – This section establishes the requirements and criteria which ensure a minimum standard for landscape treatment for homes in New Territory Residential Community. Proper maintenance and care of the landscaping is vital to the overall appearance of a home and its neighborhood. All landscaping areas must be maintained on a regular basis. Automatic irrigation systems are recommended but not required In order for a home to be in compliance with the guidelines and standards, all of the following items must be accomplished. EDGING AND BORDERS

• Acceptable edging materials include brick, landscape timbers, concrete scalloped borders, or stone.

• Unacceptable edging materials include, but are not limited to, plastic, wire, railroad ties, or other materials not listed above.

• All edging and borders must be maintained and must be replaced when damaged. • Edging around planting beds is encouraged for maintenance purposes and to help

define the shape of the beds. • Edging should not compete with or dominate the landscaping treatment but should

enhance its appearance. • Natural borders, such as monkey grass, liriope, or jasmine, are strongly encouraged

around all bed areas. • Edging or borders around street trees is permitted. • Brick must not be laid loose, but must be set either horizontally or vertically with a

straight top edge, not staggered or uneven, on a concrete base with tooled mortar joints. Mortar must be removed from all visible surfaces. If bricks with holes are used as landscaping, the holes must not be visible to the public.

• Landscaping timbers must be maintained in an attractive condition and must be replaced with a pre-approved border material if the original timbers are allowed to deteriorate.

• Concrete scalloped borders must complement the exterior color scheme of the residence.

• Stones may be used as accent material. They must be laid flat or stacked. • All borders must be maintained properly and kept weed free.

FLOWER BEDS / LANDSCAPING

• Planting beds should complement the architecture of a residence. Front yard beds should have a minimum depth of 4’ from the base/foundation of the home. Curvilinear beds are encouraged.

• Flower beds must be weeded and cared for appropriately. Flower beds next to a side or rear wooden fence require a buffer of treated wood or synthetic moisture barrier between the flower bed and the wooden fence.

• Flower beds must be mulched. Beds require at least 2” of mulch and should be mulched in the spring and fall, as needed, to maintain the required amount of mulch.

• Plant materials destroyed by drought, diseases, neglect, etc. must be replaced immediately.

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• Rock and gravel are not permitted as mulching material. • Flower beds installed by the builder may be altered with Modification Committee

approval but must be landscaped in a manner which is equivalent to the original landscaping.

• Annuals are encouraged as long as they are used in conjunction with shrub and groundcover beds. Flowers must be cut back at the end of each growing season.

• Annuals or perennials which have been selected from the approved plant palette do not require approval from the Modifications Committee before planting.

• Artificial plants are not acceptable planting material on any portion of the lot. LAWN MAINTENANCE

• Front and side yards that are not in planting beds must be solid sod. • Grass must be mowed to a height of 2” to 2 ½” tall. • Lawns must be watered regularly. Dead areas in the lawn must be treated or replaced. • Lawns must be edged around sidewalks, driveways, and street curbs. • Lawns must be weed free. Dallas, Crabgrass, Clover, and other weeds must be

removed. • Litter and debris are prohibited in yards and in the areas in front of garages.

SHRUBS/GROUNDCOVER

• Shrubs must be a minimum of 1-gallon container-grown stock, planted approximately 24” to 36” on center depending upon size and variety.

• Shrubs must be trimmed. • Groundcover and border plants must be 1-gallon container-grown stock, planted 8” to

12” on center depending on the variety. • Shrubs, ground plants, and border plants must be arranged in layers with the larger

species planted at the rear of the flower bed. TREES – ADDING OR REPLACING STREET TREES

• Every street in New Territory has a designated species of street tree. • All trees must be matched in size and species with those on adjacent lots. • The homeowner is responsible for maintaining street trees. Replacement street trees

must be of the same species as the tree which has been removed. Modifications Committee approval is required.

• Replacement trees must be a minimum of 30 gallons with a 2" caliper trunk when measured 6” from the base. The replacement tree must be container grown or balled and burlapped.

• A street tree may be removed if it is diseased, dead, causing damage to the sidewalk or curb, or has the potential for causing damage to the sidewalk or curb. Residents are not required to replace the tree if the width from the curb to the sidewalk is less than 7’6”—Modifications Committee approval is not required. Residents are required to replace the tree if the width from the curb to the sidewalk is more than 7’6”—Modifications Committee approval is required.

• Residents are urged to keep street trees. • Residents must remove or grind down the stump. If the tree is not being replaced, re-

sodding the area is required.

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TREES – DEFINITIONS OF TREE MEASUREMENT Trunk Measurement – The height at which trunk measurements are taken varies with the size of the tree as described below:

• Measurements for replacement trees 4” in diameter shall be taken 6” above the natural ground. • Measurements for protected trees shall be taken 4 1 /2’ above the natural ground.

Protected Tree - A tree having a minimum diameter of 8” or greater at 4 ½’ above grade. Replacement Tree - A tree having a minimum diameter of 4" at 6" above grade.

TREES – TREE WELLS

• Tree wells require at least 2” of mulch. • Tree wells should be mulched in the spring and fall, as needed, to maintain the

required amount of mulch. TREES – YARD TREES

• Depending on the neighborhood, a minimum of one to two front yard trees is required. Corner lots may be required to have an additional side yard tree.

• Yard trees must be either container grown or machine transplanted with a minimum caliper of 3”.

• Any additional yard trees must be either container grown or machine transplanted. • The homeowner may be required to repair or assume the cost of the repair to any

common area damaged by any tree on their property. • No fruit trees are permitted in front or side yards unless the developer planted the

trees. • Banana trees are only permitted in the backyard; however, any damage that occurs to

common areas or fences as a result of the growth of the tree may require the owner to pay for the repair.

TREES – YARD TREES REPLACEMENT

• It is the homeowner's responsibility to maintain and replace, if necessary, any front or side yard trees with the same species as removed.

• Removal of any tree measuring 8” in diameter (25" in circumference) or larger, must receive written approval from the Modification Committee prior to removing the tree.

• Any protected tree that has been removed without the approval of the Modification Committee will be considered to have been average tree size and deemed a 20” diameter tree unless the tree has been previously recorded and can be confirmed by the Modification Committee or if the stump still exists and the size of the tree can be determined.

• Trees removed without approval from the Modification Committee must be replaced in the following manner:

• 75% of the total number of diameter inches that were removed must be replaced. The replacement tree must measure a minimum of 4” in diameter.

• The replacement tree should be viable and of good quality and growth characteristic.

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2. PLANTS – NEW TERRITORY PALETTE The plants listed on this palette grow well in our climate and do not require Modifications Committee approval. Approval from the Modifications Committee is needed before any plants not on this list are planted. Residents must follow the guidelines for replacing or adding a tree. See Section II of this handbook for additional details. Please note that some of these plants may be harmful to humans and/or pets and everyone should research plants before they put them in their yards. Evergreen Trees: Trees That Grow up to 40’ in Height American Holly, Cherry Laurel, Yaupon Holly Trees That Grow Over 40’ in Height Japanese Blueberry, Live Oak, Mexican White Oak, Montezuma Cypress, Southern

Magnolia Ornamental Trees: Deciduous Trees That Grow up to 30’ in Height Crape Myrtle, Japanese Maple, Mexican Plum, Texas Rosebud, Rosebud, Vitex Evergreen Trees That Grow up to 30’ in Height Bottlebrush, Cherry Laurel, Holly, Ligustrum, Little Gem Magnolia, Saucer Magnolia,

Wax Myrtle Deciduous Trees:

Trees that Grow Over 30’ in Height Bur Oak, Chinese Pistache, Drake Elm, Drummond Red Maple, Gingko, Green Ash,

Mexican Sycamore, Nuttall Oak, Pecan, Red Oak, Riverbirch, Sawtooth Oak, Shumard Red Oak, Swamp Maple, Sweetgum, Willow Oak

Palm Trees:

California Washingtonia, Canary Island Date Palm, Chinese Fan Palm, Mediterranean Fan Palm, Pindo Palm, Pygmy Date Palm, Queen Palm, Sago Palm, Texas Sabal, Windmill Palm

Fruit Trees: Apple, Banana, Grapefruit, Lemon, Lime, Loquat, Orange, Peach, Pineapple, Guava

Ground Cover: Algerian Ivy, Aspidistra, Asian Jasmine, English Ivy, Giant Liriope, Mondo Grass, Monkey Grass, Red Ribbon Rose, Ruellia

Shrubs: Abelia, Azalea, Bougainvillea, Boxwood, Butterfly Bush, Coppertone Loquat, Dwarf Barbados Cherry, Dwarf Bottlebrush, Dwarf Burford Holly, Dwarf Crepe Myrtle, Dwarf Oleander, Dwarf Rhododendron, Dwarf Wax Myrtle, Dwarf Yaupon Holly, Gardenia, Indian Hawthorn, Knockout Rose, Ligustrum, Loropetalum, Nandina,

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Oakleaf Hydrangea, Photinia, Pittosporum “Wheelers Dwarf”, Plumbago, Purple Sage, Rose of Sharon, Sea Green Juniper, Shore Juniper, Southern Wax Myrtle, Split leaf Philodendron

Vines Carolina Jasmine, Confederate Jasmine, Coral Honeysuckle, Evergreen Wisteria, Honeysuckle, Iceberg Rose, Trumpet Vine

Seasonal Color

Agapanthus, Begonia, Bulbine, Butterfly Iris, Caladium, Calendula, Coneflower, Daylily, Dianthus, Geranium, Gerbera, Gomphrena, Hibiscus, Impatiens, Lantana, Marigold, Mexican Heather, Pansy, Pentas, Periwinkle, Petunia, Portulaca, Purslane, Rose, Rudbeckia, Salvia, Snapdragons, Society Garlic, Sultana, Verbena, Violas, Zinnia

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SECTION III MODIFICATIONS AND IMPROVEMENTS

1. MODIFICATIONS PROCESS Any improvement and/or change to a residence must receive approval from the Modifications Committee (MC) by submitting a “Request for Home Improvement Approval Form” to the NTRCA office. Such improvements include, without limitation, additions, modifications and alterations to residential dwellings, signs, fences, walls, screens, patios, patio covers and any other alterations to the lot. POLICY STATEMENT Property in New Territory is subject to certain restrictions as further defined in the New Territory Residential Community Association, Inc. (NTRCA) documents and contained in this Handbook. The NTRCA does not seek to restrict individual taste or preferences. In general, its aim is to (1) avoid harsh contrasts in the architectural themes and landscaping within New Territory, and (2) to foster thoughtful design so that there is harmony between residential homes and the environment created within the community. The Resident agrees not to commence any portion of the proposed modification during the application process until he/she receives approval by the Modification Committee (MC). Reference Article VI, Section 4, Page 48 of the Covenants, Conditions & Restrictions (CC&R). HOME IMPROVEMENT APPROVAL FORM Any improvement and/or change to a residence must receive approval from the MC by submitting a “Request for Home Improvement Approval Form” to the NTRCA office. Such improvements include, without limitation, additions, modifications and alterations to residential dwellings, signs, fences, walls, screens, patios, patio covers and any other alterations to the lot. The MC reviews applications and design documents (as defined in this Handbook and the CC&R) for all modifications, improvements and additions, including landscaping. Each application is evaluated on its own merit, with reasonable flexibility for design function and creativity. The “Request for Home Improvement Approval Form” may be printed from the NTRCA website or obtained at the NTRCA office. TIME LIMITATIONS After plans have been reviewed and approved by the MC and all applicable governmental agencies, the applicant must begin construction within six (6) months from the date of approval, or forfeit all MC approvals. In that event, a new application must be submitted and approval obtained before commencement of construction. Once construction commences, all work approved within an application must be performed on an ongoing and continual basis and completed within 90 days. Reference Article VI, Section 4, Page 48-49 of the CC&R. APPLICATION WITHDRAWAL An application for withdrawal may be made without prejudice, provided the request for withdrawal is made in writing and submitted to the NTRCA and filed with the MC prior to its review and/or action on the application.

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VARIANCES All Variance requests shall be made in writing and noted on the NTRCA Application and shall be considered on a case-by-case basis. ANY VARIANCE GRANTED SHALL BE CONSIDERED UNIQUE AND WILL NOT SET ANY PRECEDENT FOR FUTURE DECISIONS AS NOTED IN ARTICLE VI, SECTION 10, PAGE 52 OF THE CC&R. INSPECTIONS Inspections may be made by the NTRCA Compliance Coordinator, MC or Board of Directors at any time during construction to determine compliance with the approved application and accompanying documents submitted to the NTRCA. Reference Article VI, Section 8, Page 51 of the CC&R. The MC is empowered to petition the NTRCA Board of Directors to enforce this policy in order to ensure compliance with previously approved documents. APPEALS An appeal is available to residents who receive a denial of an application from the MC. The resident may appeal the MC decision in writing to the NTRCA Board of Directors. The NTRCA Board of Directors will then set a hearing date to discuss this matter with the resident and the NTRCA Compliance Coordinator in a closed session. Said written request should be submitted in writing to the NTRCA Community General Manager within thirty (30) days after the date of the disapproval letter. A hearing date will be scheduled in accordance with state regulations. MODIFICATION COMMITTEE As set forth in CC&R the Modification Committee is vested with the power to review and approve all modifications, alterations and improvements to existing residential lots, landscaping and dwellings located within the NTRCA. Upon completion of the work, the MC or its duly appointed representatives may inspect any improvement for which plans have been submitted. Authority - The authority and responsibilities of the MC are set forth in the CC&R, which encumbers all properties to the NTRCA. The NTRCA Compliance Coordinator and the MC are responsible for carrying out its duties on behalf of all members of the NTRCA and for the benefit of the community. The Bylaws authorizes the Board of Directors to make and amend rules and regulations of the Association. Reference Article III.C, Section 17, Page 10 of the Bylaws.

Members – The MC shall include five representatives appointed to serve by the Board of Directors during the committee period on a quarterly basis. Reference Article VI, Section 3, Page 47 of the CC&R.

Majority vote – Each member of the MC shall have an equal vote, and the majority of all members on the

MC shall constitute a decision for approval or denial of all application(s). Reference Article VI, Section 3, Page 47 of the CC&R.

Meetings – The MC shall meet at least monthly to review applications. All plans must be submitted to the Association office at 6101 Homeward Way, Sugar Land, Texas 77479. The Committee has sixty (60) days to review applications. Responses to applications are typically completed within a thirty (30) day time frame. All submittals must be complete for consideration by the Committee. All incomplete applications will be returned to the homeowner. Reference Article VI, Section 4, Page 49 of the CC&R's.

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Responsibilities – The MC is empowered by the Board of Directors to perform the following services:

• To establish and approve architectural styles and exterior design themes for all modifications and improvements to residential properties.

• To require consistent standards of design and construction. • To recommend the establishment and revision of the Design Guidelines and

Improvement Criteria as needed to the NTRCA Board of Directors. • To review all applications that are submitted to the NTRCA for compliance with the

Design Guidelines and Improvement Criteria, as well as the Declaration. • To assure compatible architectural design, cultural diversity and harmonious

relationships with neighboring property and land use. • The MC has the ability to establish fees for field inspections as applicable by

professionals in the related industry. Reference Page 49 of the CC&R. • The Compliance Coordinator has the authority to monitor violations of Design

Guidelines and Improvement Criteria and to inform the NTRCA of any such violation. • The NTRCA Compliance Coordinator must contact the applicant in writing whose

plans and specification have been disapproved by the MC and provide reasonable assistance and recommendations for adjustments to bring application into compliance with Design Guidelines and Improvements Criteria.

• To inform NTRCA Residents of property activities of the MC and changes in criteria as they may occur.

• To maintain copies of applications, design documents and related records.

Limitation of responsibilities - The primary goal of the NTRCA Compliance Coordinator and the MC is to review applications, plans, specifications, materials and samples submitted by homeowners in order to determine if the proposed improvement or modification conforms in appearance and design with the standards and policies as set forth by the NTRCA. The Compliance Coordinator and the MC does not assume responsibility for the following: The structural adequacy, capacity or safety features of the proposed improvement or structure.

• Soil erosion or unstable soil conditions. • Compliance with any or all building codes, safety requirements, or state laws,

regulations or ordinances. • Performance or quality of construction performed by any applicant or his

subcontractor(s). • Marketability of the product.

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2. MODIFICATION GUIDELINES AND CRITERIA ARBORS/GAZEBOS

• The maximum height of arbors and gazebos may not exceed 12' measured from the ground up.

• Arbors and gazebos must be made of natural wood or match the home color. • Roofs must be shingled to match the home or in an open roof design should consist of

wood slats or lattice. • Metal and fiberglass materials are strictly prohibited.

BASKETBALL GOALS Provided the following guidelines are adhered to, no permission is needed to install a basketball goal. Basketball goals may be located either as an attachment to a rear detached garage (roof mounted goal) or on a free-standing black pole. No basketball goal may be placed on the sidewalk or in the street. Residents may not install goals on attached front loading or side loading garages.

• Backboards – o Must be constructed of heavy gauge fiberglass, Plexiglas, graphite-blend or

aluminum. o Must be white, gray or clear. Fluorescent colors are not permitted.

• Support brackets for garage mounted goals must be black or a color to match the roof or siding color.

• Poles for freestanding goals must be metal, of a sufficient gauge to prevent bending, must be painted black and maintained from rust.

• Portable goal bases must be black or gray with no visible logos and must be weighted according to assembly specifications.

• Nets must be white, black, or tri-colored red-white-blue. Fluorescent colors are not permitted. Chain nets are permitted.

• All basketball goals must be maintained in such a manner as to not detract from the neighborhood. Maintenance includes, but is not limited to, the following: o Replacement of torn or missing nets. o Repair of bent or damaged supports, poles or rims. o Replacement or repainting of worn or discolored backboards. o Repair or replacement of the structure or other improvements near to where the

goal and backboard unit are mounted (i.e., garage roof, doors, gutters, etc.) If damage to homeowner's or a neighbor's adjoining property is incurred as a result of the installation of a basketball goal, the NTRCA Compliance Coordinator has the authority to require the homeowner to relocate or remove the basketball goal. BIRDBATHS AND BIRDHOUSES One birdbath may be located in the landscaping beds and must be incorporated into the landscape design in an attractive manner. Birdhouses may only be placed in the backyard in a location that is screened from public view to the maximum extent possible. Birdhouses cannot exceed 7’ in height. Purple Martin houses will be approved on a case-by-case basis.

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BUILDING ADDITIONS – see ROOM ADDITIONS in this section BUILDING EXTENSIONS

• Maximum Building Height- for a single family dwelling in Fort Bend County is 35'. • All elevation treatments such as entrance, windows, rooflines, etc., must follow the

common architectural design of the existing residence. • All extensions added to homes and garages facing a public view corridor (lakes, parks,

etc.) may be required to have 100% brick or other masonry material on all exterior walls as required by the MC.

• Extensions which overhang or cantilever from the second floor of a residence (decks, balconies, canopies, etc.) must not extend a distance greater than 3' from the front elevation or 8' from the rear elevation, and must be located within the building setback requirements (see your lot survey).

• Balconies must be constructed of materials that are painted to match the approved colors for siding and trim. Ornamental iron may be used on balconies, if appropriate with the architectural style of the house.

CHIMNEYS All chimneys must be constructed of brick or other material (wood siding, stucco, stone, etc.) consistent with one of the predominant exterior wall finishes. For all modifications and additions of chimneys, the MC has the final decision as to the material, finish and color to be used. DOORS Front Door

• Front entries should incorporate solid core doors not less than 6'6" and no more than 8' in height.

• Doors should be enhanced with upgraded brass hardware. • Clear leaded glass with 8 panels distinguished by mullions is recommended. • The use of double entry doors enhanced by side and/or top window panels is

encouraged. • Doors must be maintained.

Storm doors The mounting of storm doors should not detract from overall appearance of the house. All modification requests must include a brochure and/or photograph of the door. Storm doors must meet the following criteria:

• Must be full view glass door. • Door trim must match existing color of home. • Doors must be maintained. • Unfinished aluminum doors are not permitted. • Wooden screen doors are not permitted.

Garage Doors

• Garage doors must be constructed with decorative panels and must be painted only one color to match the exterior siding of the residence.

• Doors should be metal in construction. • The only acceptable window treatment on garage door windows is a non-reflective tint.

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DRIVEWAYS Materials and Construction

• Driveways must be paved with a hard surface such as concrete, concrete pavers, patterned or stamped concrete.

• Picture frame broom finished concrete is the minimum requirement and patterned concrete, or other special finishes may be approved.

• Asphalt or crushed gravel is prohibited. • Driveway color must be natural concrete. • Concrete driveways must be reinforced with steel and not less than 4" thick. • Driveways must have dowel expansion joints located no more than 20' apart. • Slope on driveways must be a minimum 1%.

Location and Dimensions

• A minimum of 2' feet of green space must be maintained between the driveway and property line and the driveway and the house.

• All driveways must be a minimum of 10' wide from the right-of way to the garage.

Extensions • A maximum extension width of 3' is allowed. • All driveway extensions must be maintained in such a fashion that they do not detract

from the neighborhood. • Any driveway extension located within 3' of the side property line must be constructed

in such a manner as to direct all drainage off the driveway toward the street and not onto adjacent property

• Adequate plant material may be required to screen the extended area from public view. EXTERIOR COLORS

• Two paint colors are preferred per residence. • Colors must compliment each other. • A paint palette with approved paint colors is available on the NTRCA website and

available at the NTRCA office. • The home's base color may be used as the only color for the home, but it is preferred

that the shutters and trim are painted a contrasting color darker than the base color from the approved paint palette.

• The paint should have a satin or semi-gloss finish. NO FLAT PAINT WILL BE PERMITTED.

• Painting of brick on a home is strictly prohibited. • Repainting using the existing colors from the approved paint palette does not require

approval by the MC. EXTERIOR LIGHTING

• Mercury vapor, sodium halide and fluorescent lights are prohibited. • Any "security" or "flood" lighting must be of a wattage or lumen count which does not

indiscriminately illuminate neighboring property. These fixtures must be mounted onto a home so that they are screened from public view or painted to match the primary color of the residence.

• Freestanding "yard" lights must be a single lamp, dark green, black or brown in color with a maximum height of 6'. No address or signs are permitted to hang from a yard light.

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• Standard commercial grade landscaping lights are permitted in landscaping beds only with wiring and transformers buried or concealed from view.

• Only low voltage landscaping lights using white or frosted bulbs are permitted. • Colored bulbs or lens covers are not permitted on any front exterior lighting except

during the Holidays. EXTERIOR MATERIALS AND FINISHES The following exterior materials are generally appropriate for use on residences in New Territory. However, approval of certain items listed below may be restricted on a neighborhood by neighborhood basis.

• Brick - All brick must be a domestic clay type. All mortar joints must be tooled; "slumped" joints are not acceptable. Mortar must be natural and not colored unless the MC gives prior approval. The use of dark mortar is discouraged, and mortar joints must be approximately 3/8” in thickness.

• Stucco - Stucco may be used as exterior wall finishes only if the quality of the stucco and method of construction are acceptable to the MC. When stucco is used as an exterior wall material, its detail should be consistent with the style of the architecture. "Heavy" applications of a rough textured, Mexican or adobe style finishes are not acceptable. Smooth-finished stucco may be used as an exterior wall material. The MC has the right to require that stucco finish must contain a mildew retardant.

• Metal - Factory finished aluminum in durable anodized or baked-on enamel paint, wrought iron or copper metals are acceptable in certain applications. Galvanized or mill finish materials are not permitted without MC approval.

• Wood - Wood siding must receive a paint or stain finish. Applications of a high gloss finish, such as varnish or high sheen enamels, are prohibited. Non-reflective finishes shall be used on all exterior wood surfaces. Wood siding and/or Masonite type products (with MC approval) must be horizontal lap type, with a weather exposure of no less than 41/2" and no more than 71/2". No vertical or diagonal siding may be used except by special consent of the MC. All wood trim must be smooth, high quality, finish-grade stock, stained or painted. Soffits made of hardboard and/or Masonite require special approval by the MC. The use of rough cut wood trim is prohibited.

• Synthetic Materials - Use of synthetic materials such as Hardi Plank aluminum or vinyl siding requires the approval of the MC.

FENCING General Information

• Corner lot fences may be located no less than 10' inside of side property lines and recessed a minimum of 25% (of the distance from the front to the back of the home) from the front face of a home.

• Non-corner lot fences may be recessed a minimum of 5’ from the front face of a home. • Side yard neighboring fences must align with each other. • Front yard fencing of any kind, may not extend beyond the most forward portion of the

home or neighboring home. Wood Fencing

• Where wood fencing is approved in a neighborhood, all internal privacy must be two rail, Number 1 cedar, 1" x 4” or 1" x 6” notched pickets with no wane, rot, holes, spike knots, or soft knots.

• Line posts may not be more than 8' apart. • Maximum height of any fence is 6’.

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• Structural framing or the “unfinished” side of a fence or gate may not be exposed to any public street, sidewalk or green space.

• Wood fences may not be altered in any way to incorporate artistic designs, cutouts, wagon wheels, etc.

• Painting, staining or varnishing wood fences is prohibited. • Non-pigmented wood sealant is permitted.

Metal/Wrought Iron /Aluminum Fencing

• Lots backing onto a lake or other recreational amenity are restricted to the use of metal fencing along the rear property line and, if required within certain neighborhoods, a minimum of 30’ up the side property lines.

• Metal fencing cannot be more than 6’ in height with a minimum height of 4’ and must be painted black.

• Screening of fence is acceptable, provided it is achieved through the use of approved plant materials.

• Metal fencing added to or replaced on a lot must match the original metal fence material installed by the builders or developer within a neighborhood.

• No chain link fencing is permitted in public view. Metal fence gates are permitted if consistent with the architectural style of the home. Metal driveway gates

• Are permitted provided the gate is a black iron gate. • Must not be installed beyond the most forward portion of the dwelling. • All gate equipment must be located inside the gate and screened from view and cannot

swing into the street. • No initials, symbols etc. are permitted to be incorporated into the gate. • Wooden driveway gates are not permitted.

FLAGS

• Brackets on the exterior of residences are permitted to hold decorative or traditional flags.

• Permanent freestanding flagpoles are not permitted. • American Flag guidelines, which are in harmony with federal legislation Bill HR42 –

The Freedom to Display the American Flag Act of 2005, may be found on the NTRCA website. Please consult the NTRCA website for specific details as the document is too lengthy to include in this handbook.

• Flags mounted on poles of six feet or less do not require Modification Committee approval but must follow the guidelines found on the NTRCA website.

• Flags mounted on poles over six feet in height require Modification Committee approval before installation may begin and must adhere to the established guidelines found on the NTRCA website.

GARAGES

• All buildings must have a minimum of a 2 car garage. • Carports are not permitted. • Must be a minimum of 20' by 20' • May not be used for leased habitation purposes.

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GRADING AND DRAINAGE • Homeowners may not make modifications to the grading or drainage improvements

installed by the builder. • The NTRCA will not assume any responsibility whatsoever for any damage brought

about by the grading, drainage or other improvements or modification made by the builder or the homeowner.

GUTTERS AND DOWNSPOUTS

• Gutters and downspouts must be painted or have a factory applied color to match the approved siding or trim color of the home.

• Any addition of gutters requires approval by the MC. • Damaged or deteriorated gutters or downspouts must be repaired or replaced. • Gutters not originally installed by the builder are not required unless damage is

resulting to fascia, siding or landscaping. HOUSE NUMBERS

• House numbers are required and may only be placed on the front of the residence and/or on the curb.

• House numbers must not exceed 4" in height and may not be placed on the front door of the residence.

• Numbers may be made of wood, plastic, metal, ceramic, or carved into stone and must conform to the overall character of the neighborhood.

• No peel-and-stick type numbers are permitted. • House numbers must be visible from the street (lighting is recommended but not

required) and cannot be obstructed by shrubs, trees, etc. • Painting of address numbers on street curbs is permitted. Curb numbers must be black,

4” in height, on a white background which is no more than 6” in height by 18” in width with no special motif, and must be maintained.

IRRIGATION SYSTEMS

• Irrigation systems do not require approval by the MC. • The system must be designed to insure that indiscriminate watering does not occur on

streets, sidewalks or neighboring yards. • Screening of any above ground valves or controllers is required.

LIGHTING

• House mounted lighting must be complementary or painted to match the primary color of the residence. Mercury vapor, sodium halide and fluorescent lights are prohibited.

• Colored bulbs or lens covers are not permitted except during holiday seasons. • Freestanding yard light fixtures must be single lamp, dark green, dark brown or black in

color, no higher than 6’, and may not have signs of any type attached to them. • Standard commercial grade landscaping lights are permitted in landscaping beds only,

with white or frosted low voltage bulbs. Wiring and transformers must be concealed from view.

• Lighting must not adversely affect neighboring properties. MECHANICAL EQUIPMENT All air conditioning units, electrical power boxes, gas meters, pool and any other mechanical equipment must be screened from public view. Screening may consist of architectural or planting elements approved by the MC.

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PAINT – see EXTERIOR COLORS in this section. PATIO COVERS

• All patio covers or other form of shade structure must be of wood construction, with the exception of professionally installed anodized or baked enameled finish aluminum patio covers.

• Attached patio covers must be integrated into the existing roofline flush with the eaves. • Shingles must match the color and material of those used on the residence. • Supports must be either painted wood, treated wood, or painted metal columns. Pipe

material used as a structural support must be concealed from view. • Frames must be painted to match the trim of the house when untreated wood is used. • Exposed surfaces must match or harmonize with the existing colors and materials of the

home. • Patio covers may not encroach into any utility easement or building lines without prior

written consent of appropriate utility companies. • Patio covers must be located so that drainage is contained on the owner's lot. • If a proposed patio cover location is less than 5' from a side lot line and has an enclosed

roof design, the MC may require gutters and downspouts to be installed in order to control drainage.

• Canvas used as a cover or roofing material must be a solid neutral or earth tone color, must be maintained in a like new condition and replaced as wear and/or fading becomes visible.

• Retractable shade covers are permitted. Canvas must be solid neutral or earth tone in color and maintained in like new condition.

Acceptable patio or shade structure materials consist of: • Anodized or baked enameled finish aluminum. • Painted wood (to match trim on the house). • Natural pressure treated wood such as cedar, fir, redwood or pine.

Unacceptable patio or shade structure materials consist of:

• Corrugated metal or fiberglass, plastic webbing, wood shingles, receded or straw-like materials, unfinished metal, built up roof cover using any bituminous material, etc.

PATIO EXTENSIONS/DECKS

• The maximum height of the decking or patio extensions from the slab level is 18". • Multi-level decks are permitted but the highest level may not exceed 18" from the slab

level. Benches and railings may exceed this height. • A patio extension or decking may not exceed more than 25% of the back yard. • Upper level decks may not exceed beyond the building lines nor exceed the height of

the second floor level. • Metal and fiberglass materials are strictly prohibited.

PLAY STRUCTURES AND SWING SETS

• Play structures and swing sets must be located in the rear yard within setbacks established for the lot, at least 5’ from side or rear fence line and be screened from public view to the maximum extent.

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• Play structures and swing sets located on lots which back up to or adjoin main arterial roadways, common areas or neighborhood entries may be required to be further screened from view.

• Residents may be asked to screen the structure to the maximum extent possible when the MC deems the structure obtrusive to a neighboring lot.

• Play structures must be constructed of materials resistant to rust or decay and be either painted to match the color scheme of the home or allowed to attain a natural weathered finish that is harmonious with surrounding fences.

• Roofing must match the material used on the home or may be a durable canvas that is securely attached to and made a part of that particular structure.

• Canvas covers must be solid blue, green, tan, or brown and must complement the surrounding improvements with no initials, logos, word, or stripes.

• Play structures with a canvas may be as high as 12’ while play structures without a canvas may be as high as 10’.

• All play structures and swing sets must be properly maintained so as not to detract from neighborhood, including the repair or replacement of any worn, broken, missing, torn or discolored materials as well as painting of any rusted or discolored parts.

POTTED PLANTS

• No more than 10 potted plants may be placed on the porch or against the house or garage. The containers must complement the architecture of the home.

• Original nursery planting containers are not acceptable. • Plants must be in good health and not detract from the overall appearance of the lot. • Artificial plants are not acceptable on any portion of the lot.

ROOFS Roof Pitch, Form and Materials

• Roofs may take on a variety of forms, however gabled or hipped roofs are preferred. • The minimum acceptable roof pitch is 6 on 12 and the maximum is 12 on 12. • Mansard, gambrel and other types of non-standard roof forms are not permitted. • All roof edges must have a minimum overhang of 12”. • All asphalt shingles must be a minimum classified weight of 230 pounds and must be

brown or black in color. No other asphalt shingle colors are permitted. • Roof tiles made of clay or pre-colored concrete are allowed with MC approval,

provided they compliment the architectural style and color of the home. • Wood shingles of any kind are not permitted. Painting of roof materials is also

prohibited. • Photo of home and sample of any material other than asphalt must accompany home

improvement application.

Exposed Roof Metal • All roof stacks, attic ventilators, plumbing vents, flashing and other penetrations must

be painted to match the roof color. • All stacks, attic ventilators, plumbing vents and other penetrations must be placed on

the rear slope of the roof where possible, and must be mounted perpendicular to the ground plane.

• The use of copper or pre-finished metal roofing on select accent areas requires MC approval.

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Skylights – The location and design of all skylights must have approval from the MC. Skylights on the front slope of any roof are not permitted without special approval from the MC. Solar Devices – Solar devices are permissible only on rear or side elevations, excluding those side elevations on corner lots or rear elevations facing a greenbelt, lake neighborhood perimeter or roadway. ROOM ADDITIONS

• Room additions may not exceed 25% of the total square footage of the original main dwelling.

• The roof must tie into the main structure and be complementary in design and materials and the highest pitch must be no greater than the height of the main dwelling highest pitch.

• Additions over freestanding garages should be no larger than the garage and the roof pitch no higher than the highest pitch on the main dwelling.

• Design and external layout of any addition is subject to approval by the Modification Committee.

• All living areas within the home, including any room additions, must be centrally air-conditioned.

SATELLITE DISHES Please contact the NTRCA office for additional information. SCREEN ENCLOSURES AND DOORS

• All screen enclosures must be located within the setback requirements of a lot (as noted on lot survey) and must be single story in height.

• Screen enclosures must be constructed of anodized or black enamel painted aluminum. • All colors are subject to approval of the MC and must be consistent with the exterior

color scheme of the home. • Bright finished metal exterior doors, windows, window screens, louvers, exterior trim

or structural members are not permitted.

SETBACK CRITERIA • Applications for modifications must conform to all building line setbacks as indicated

on the lot survey for each lot as required by Fort Bend County. • Setback requirements not indicated on an individual lot survey may be noted on a

neighborhood plat recorded with Fort Bend County. • Encroachments into Utility Easements are at the risk of the homeowner. The NTRCA

assumes no liability or responsibility by approving any improvement that encroaches into the utility easement.

• It is the responsibility of the homeowner to obtain any information regarding utilities located on a lot.

SIDEWALKS

• All sidewalks must be 4' in width and constructed of reinforced 5' on center and 1"x 4" redwood expansion joints located no less than 20' apart.

• Sidewalks must be standard broom finish concrete with 4" smooth "Picture frame" border around each 5' x 4' section.

• Sidewalks across the front property line (and side property line on corner lots) must be located within the right-of-way and no closer than 6" from the property line.

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• Homeowners are responsible for maintaining, at their expense, all sidewalks leading from the residence to the driveway or abutting street, as well as that portion of sidewalk which is across the front property line (and side property line on corner lots) of a home parallel to the road right-of-way.

STATUES AND TOPIARIES

• Statues and topiaries located in public view must have the approval of the MC. Requests are considered on a case-by-case basis.

• Statues must be a natural color and not painted unless approved by the Modifications Committee.

• Statues and topiaries must be maintained at all times.

STORAGE BUILDINGS • Storage buildings must be complimentary to the architectural elements, materials and

color of the home (including roofing). • All auxiliary structures must be located in the rear yard within the setbacks established

for each lot and may not exceed 8' in height. • Metal storage buildings are not preferred but are permitted if no more than 6' in height. • Storage buildings must be screened from public view to the maximum extent possible

by permanent structures such as house, garage or wooden fences. • Placement of storage buildings in utility easements is not recommended and is done at

the owners' risk. • Storage building may not be placed within 5' of any fence.

SWIMMING POOLS, SPAS and HOT TUBS • Swimming pools, spas, hot tubs and pool decking may not be located any closer to side

or rear property lines than as prescribed in the setbacks requirements or public utility easements for a home.

• Above ground pools are not permitted. • Pools pumps and equipment must be contained within a fenced backyard and must not

be visible from any street or public area. • Pool enclosures are not permitted. • All drainage must follow county, city, and local drainage guidelines. • Pool water or backwash must drain directly into sewers. • The perimeter fence around the rear and side yard of a home should be sufficient

screening for a pool and be in compliance with any applicable health or safety codes regarding pools. Only those pools completely enclosed within a fenced area will be approved.

• During construction of any pool-related improvements, the site must be kept secure from public access and maintained in a clean, workmanlike condition.

• A self-latching gate with a spring must be installed on all gates as required by Texas Law.

• Deposits may be required by the NTRCA for the removal of adjacent common area fences.

• Waterfalls may not exceed above the fence line and must be screened from public view.

TRAMPOLINES • Trampolines must be placed at least 5’ away from any fence line. • Trampoline enclosures must be solid blue, green, tan, brown or black and must

complement the surrounding improvements with no initials, logos, word, or stripes.

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• Trampoline enclosures require MC approval.

WINDOW TREATMENTS Windows

• All aluminum windows, screens, sliding doors and frames for fixed glass must have a factory applied baked enamel or anodized bronze or white finish.

• Bright mill finish material is prohibited. • The use of foil or reflective minor finishes on windows is prohibited. • Vinyl clad, aluminum clad and wood windows will be permitted subject to color

approval. • Window Awnings, Shades and Coverings • Canvas awning is permitted on a home to reduce solar exposure. They must be a solid

neutral or earth tone color, and must be well maintained at all times. • Shades, shutters, curtains, blinds and all other window coverings visible from public

streets must be white, off white or neutral in color. • Natural wood blinds are permitted. • No paper, bed sheeting, foil or other such temporary type material is permitted on any

window except during time of imminent weather damage and must be removed promptly, including tape and tape residue.

• Storm windows require MC approval and must compliment existing window treatment.

Glazing/Glass Tinting • Factory installed tinted glass is permitted on a home to reduce solar exposure. • Acceptable film or glazing colors are gray, charcoal or light silver clear film. • All windows on any particular side of the home must be tinted in the same manner.

Window & Door Ornamentation

• The installation of burglar bars on the exterior of any window or door which is visible from a public area is prohibited.

• Window or door ornamentation must be installed on the inside of a home and be screened at all times by shades, shutters, curtains, blinds or other suitable covering material.

Solar Screening • All solar screens must be 20 x 30 mesh and be made of heavy gauge vinyl mesh in

brown, gray or black. • Screens may not detract from the overall appearance of the home. • Screens must be applied to all windows on any particular side of the home.

YARD FURNITURE IN FRONT OR SIDE YARD • All furniture placed in the front or side yard must have approval from the Modifications

Committee prior to installation. • Yard furniture must be maintained at all times. • Acceptable furniture includes wrought iron, cement, or wooden benches, small chairs,

and small tables. • Acceptable furniture colors include solid black, gray, brown, white, and dark green. • Unacceptable furniture includes, but is not limited to, plastic or webbed furniture such

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as folding lawn chairs. Swings and gliders are not permitted. Picnic tables and their benches are not permitted in the front or side yard.