Falling Waters Community Association

In-Gound Swimming Pool Standards

Jan 22, 2001

FALLING WATERS COMMUNITY ASSOCIATION

STANDARDS FOR IN-GROUND SWIMMING POOLS
AND RELATED ACCOMPANIMENTS

Procedures:

Prior to the initiation of the project, the homeowner will be required to submit a written
request to the Board of Directors pursuant to Exhibit ?“C?” (Initial Use Restrictions and Rules). This written request shall include a diagram of the area where the pool will be located and its relationship to the house and all property lines (include all measurements). This diagram shall also include any other items that will be built in conjunction with the pool including but not limited to a fence, wall, retaining wall, poured concrete patio area, any additional concrete work, walk ways/sidewalks, pump/filter location, decking, stairs, jacuzzi, built-in or constructed planters. Measurements and materials used should be included for all appropriate items. The request shall also include the measurements of the pool including length, width and depth, the shape of the pool (rectangular, kidney, etc), whether the pool will have a vinyl liner or gunite surfacing, and the location of any pool accessories such as a diving board, slide, etc.

A diagram of the septic tank and lines for the property must be submitted if the project is in the vicinity of the septic tank and drain field.

A flood plain map which is part of the survey of the property may be requested from homeowner if applicable. This can be obtained at the County Offices.

A helpful suggestion for homeowners in submitting the above is that the pool contractor will assist you in the diagram and measurements. Most pool contractors will provide the homeowner with a colored photo (from their brochures) showing the pool shape and liner that can be included in the submission.

Requirements/Conditions:

Above ground swimming pools are not allowed in Falling Waters.

Only one in-ground swimming pool per lot may be approved.

No portion of the project can be initiated until the homeowner has received written approval for all aspects of the project.

Once the homeowner has submitted all items for consideration, the Board has 30 days from that date to respond. If the initial submission is incomplete the Board and/or the Design and Modification Committee shall advise the homeowner of additional documentation required. The 30 day period that the Board has to review and consider the request will not commence until all documentation has been submitted.

A member of the Board and/or the Design and Modification Committee will request an on-site visit once all documentation has been submitted.

If any changes are made from the original plan/design of any items, the homeowner shall immediately notify the Board in writing of these changes and receive approval before any of the changes in the project can be made.

If the project is initiated before written approval, pursuant to Section 3.23 of the By-Laws and Section 9.7 of the Covenants, the Board is empowered to impose a fine for violation of the Covenants and/or require that the project be stopped immediately and/or require that the project area be restored to its original condition at the expense of the homeowner.

Once the Board has given the homeowner approval in writing, the project may begin.
The approval for the project will expire 6 months from the date of written approval.
If the project is not started within that 6 month period, the approval becomes null and void and the homeowner must resubmit all items for approval. If the project is started but not completed within the six month period, the Board must be advised of the reason for the delay and an extension in writing must be sought by the homeowner. If the delay is for a good cause or beyond the control of the homeowner, the Board will consider a reasonable extension, however, if the delay is unreasonable or gives the appearance of abandonment of the project, the Board, pursuant to Section 9.7 of the Covenants, has the right to request that the project area be restored to its original condition and failure to comply allows the Board to restore it to its original condition and all costs will be the responsibility of the homeowner. Approval of any project is conditional upon its completion.

All County Ordinances must be adhered to and can be obtained at the Henry County Building Department.

All pertinent permits must be obtained. A Board Member and/or a member of the Design and Modification Committee must either confirm that the permit(s) have been obtained or receive a copy of the permit prior to initiation of the project.

During the construction period, silt fences must remain up at all times to contain all exposed dirt/fill.

For the duration of the project, the front yard, and any community property, sidewalks or roads must be kept free of any debris, dirt/fill, rocks or pebbles at all times. The responsibility falls on the homeowner for any damage to community property, private property, sidewalks, curbs and roads, whether the damage is done by the homeowner or their contractors and must be repaired before final approval is given.

After the portions of the project requiring Board approval are completed, final approval is required. Final approval will require another on-site visit by a member of the Board and/or Design and Modification Committee to view the completed project.

Final approval of the project will be given after all aspects of the project are completed and may require an additional on-site visit of a Board Member and/or a member of the Design and Modification Committee. Final approval is also contingent upon the homeowner providing the Board with copies of all final inspections of Henry County.