HERON LAKES ESTATES OWNERS ASSOCIATION

ARCHITECTURAL GUIDELINES

Childrens Play Structures

These guidelines apply to all childrens play structures including, but not limited to, playhouses, play forts, moonwalks, trampolines, skateboard ramps, climbing apparatus, and swing sets.(1) All permanent play structures require ACC approval prior to installation or construction.(2) The objective of these guidelines is to harmoniously integrate the visual appearance of the play structure into its immediate surroundings, to maintain community safety, and to achieve a quality of construction of the play structure that is consistent with the quality of the construction of the homes and landscaping in Heron Lakes Estates. (3)
Height In general, the overall height from the ground to the peak of permanent play structures shall not exceed 8 feet, except that the height of safety netting around trampolines shall not exceed 10 feet, and the peak height of swing sets and climbing apparatus shall not exceed 12 feet.(4) (CC&Rs III.1) The overall footprint of each permanent play structure shall be limited to 200 square feet.(5) Building-shaped play structures such as playhouses and play forts shall not contain more than 100 square feet of non-elevated floor area, and shall not contain more than 72 square feet total of elevated floor area or 36 square feet for any single elevated floored area. Circular trampolines shall not exceed 15 feet in diameter.(6) Permanent play structures shall be located in the rear yard of the Lot, or side yard area if the Lot has no rear yard, at a location that has limited visibility from the street, or shall be concealed from public view by screening methods so as not to cause an unreasonable or disproportionate visual impact on neighboring properties.(7) The structure shall be located behind the building setback line(s) for the house shown on the recorded plat of the Subdivision and at least 5 feet away from any side Lot boundary line at least 3 feet away from any rear Lot boundary line. (8) The structure shall not be located on a utility easement area. (CC&Rs II.2 & III.4) Because of the impact that a new play structure may have on an existing view from a neighbors home or on a neighbors privacy, as a courtesy to the neighbors, the homeowner installing a permanent play structure shall obtain approval signatures from each of the Owners of the adjacent Lots where the structure lies within the line of sight of the neighbors view or lies adjacent to a neighbors fence. Screening materials such as fencing or landscaping may be installed to soften the appearance or hide the structure as a bargaining chip to help obtain a neighbors approval.(9) In general, play structures need not match the appearance of the house, but the appearance must be tasteful as judged by the ACC.(10) Permanent play structures shall not interrupt proper drainage of the Lot.(11) Large lightweight play structures having a large wind surface area shall be positively anchored to the ground.(12)

Plan Size

Location

Neighbor Approval

Harmony of Design Foundation Anchorage

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Color

The colors of components of permanent play structures must be approved by the ACC. Muted earth tone colors are preferred or other colors that are in harmony with the surroundings. (13) Trampolines and accessories shall be black or muted shades. Materials for play structures shall be quality materials that are considered to be standard for the type of play structure. (14) Banners are not permitted to be placed on any play structures.(15) Tree houses and similar tree-supported structures are prohibited. Childrens play structures shall meet the safety standards established for the type of play structure to be installed. (16)(17) No play structure shall be used as a residence, living quarters, or commercial activities. The usage of the structure must be consistent with a residential Lot for a single-family home. To avoid a noise nuisance, play structures shall not create a high level of noise and shall not be used after ten (10) pm or before seven (7) am. (CC&Rs III.1 & III.6) Temporary portable play structures are permitted to be installed without ACC approval, but must comply with these guidelines.(18) (CC&Rs III.1 & III.7) The size and number of play structures permitted on any Lot is dependent upon the Lot size and visibility to adjacent properties. No more than one of each type of play structure is permitted on any Lot. Trampolines and other portable play structures shall be stored out-of-site from public view when not in use for long periods of time. When in public view, play structures shall remain upright. Play structures shall not be stored in an overturned position unless they are stored out of sight. (19) All play structures exposed to public view shall be maintained in good condition.(20)

Materials

Tree Houses Safety Usage

Temporary Structures

Number

Storage

Maintenance

Notes: (1) Childrens playhouses, clubhouses, cabins, and other similar enclosed structures with a roof and walls that are similar in appearance to outbuildings shall comply with ACC Guideline #AG01. These guidelines do not apply to basketball goals, which are covered by ACC Guideline #AG09. Play equipment that is similar to lawn furniture or toys and can easily be carried by one person is considered to be portable and temporary in nature and is not covered by these Guidelines. (2) The submittal of the Application for Approval to Modify Home or Property (AAMHP) shall show the proposed location of the play structure on a survey plan of the Lot along with the location and height of all walls and fences on the Lot. (3) The appearance, height, and proximity of the play structure to neighboring properties will be taken into consideration by the Architectural Control Committee (ACC). (4) Climbing apparatus, also known as climbing towers, climbers, or climbing frames, are defined as generally open-framed structures, typically made of wood or metal, having short ladders, steps, rings, cut outs, monkey bars, nets, or slides that children can climb up, into or out of, or slide down. Climbing apparatus is often combined with a swing set, cabin, or playhouse. Any type of climbing apparatus having sides that are covered by walls or other types of solid panels that cover more than 25% of the overall side area of the structure is considered to obstruct views and the height shall be limited to 8 feet (same as for outbuildings). (5) The footprint of the structure is defined as the area within the outline of the structure where it meets the ground. (6) The diameter of a trampoline as used herein is defined as being measured to the outside of the trampoline frame. (7) Public view is defined as being visible to anyone that is on any street in the subdivision or anyone on the golf course. (8) When locating play structures, consideration should also be given to accommodating the privacy of neighboring homeowners that have installed fences around their back yard. For these cases, the height of climbing frame platforms and slides that are located within 10 feet of the neighbors fence shall preferably be less than 2 feet below the highest point of the fence. (9) A neighbors approval of a play structure may be documented by having the neighbor write their name, address, and signature somewhere on the AAMHP form or on a separate Neighbors Approval Form that is included with the submittal. (10) The final judgment of whether a play structure is in harmony shall rest solely with the ACC. (11) Improper drainage around a structure can promote ponding of water and mosquitoes. The foundation and grading around the structure shall not cause stormwater drainage from the Lot to be diverted onto a neighboring Lot. Childrens Play Structures HLEOA Architectural Guideline #AG02-D2 May 21, 2011 Page 2

(12) If there is not enough weight in the structure to hold down the structure in the event of hurricane force winds, the structure could be dislodged or uplifted from the foundation and possibly be blown into and damage the house on the Lot or a neighboring home. A poorly manufactured play structure could be blown apart by hurricane force winds and the pieces could become missiles. (13) Earth tone colors are flat and muted shades of brown, tan, beige, gray, green, black, and white, and to a lesser degree, some shades of yellow, orange, gold, and red, all of which emulate the natural colors found in soil, moss, trees, and rocks. It is preferred that most of the play structure surface have earth tone colors, but a small limited amount of other accent colors is also acceptable. (14) For best aesthetics, wood framing is preferred for the framing of play structures rather than metal or plastic. Other materials may or may not be accepted on a case-by-case basis depending on appearance, safety, and durability. (15) Banners with any type of wording are considered to be signs, which are prohibited by Article III, Section 13 of the CC&Rs. (16) Meeting safety standards is generally the sole responsibility of the homeowner. The Associations prime concern with regard to the safety of childrens play structures located on homeowners private property is for the protection of other homeowners children in the community who may easily gain access to the play structure if it is not enclosed within a fenced area of the yard. A fence that is at least 4 feet tall is considered to be a reasonable deterrent to keep unsupervised children from accessing a yard, and homeowners installing play structures that may potentially be hazardous to small children are encouraged to also install a surrounding fence if they do not already have one. Accordingly, the ACC will not review the safety aspects of play structures located in fenced areas and will only consider potential safety hazards of play structures located in unenclosed open yard areas. Some types of play structures such as trampolines and climbing apparatus are considered to be hazardous for unsupervised use by small children and are required to be installed within fenced areas. The final judgment of whether a play structure is hazardous shall rest solely with the ACC (17) Homeowners installing trampolines, climbing apparatus, or other potentially hazardous play structures are advised to check the adequacy of their home liability insurance coverage. Many insurance companies will not cover these types of play structures or may do so only with a corresponding increase in your premium or only if the play structure is located inside a 6-foot-tall fenced area. (18) Temporary volleyball or badminton nets should be removed and stored out of sight when not in use. (19) For aesthetic and safety reasons, toys and portable play structures shall be stored away from the street and out-of-sight. Indoor storage is preferred, but it is also acceptable to store portable play structures in the back yard or side yard in an orderly fashion in a screened area that is not visible from public view. (20) The final judgment of whether a play structure is in good condition or an eyesore in need of repair, cleaning, replacement, or removal shall rest solely with the ACC. (21) References in parentheses are to the relevant Article and Section of the Declaration of Covenants, Conditions and Restrictions, Heron Lakes Estates (CC&Rs) that governs.

Childrens Play Structures HLEOA Architectural Guideline #AG02-D2

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