Introduction

Applicability
This Supplement to The Baxter Pattern Book ("Supplement") applies exclusively to that area of Baxter identified as Parcel 26 (Phases 25A, 25B and 25C), consisting of Lots 1279-1319, 1321-1331, 1332-1338, and 1339-1343 ("Parcel 26").  The provisions of this Supplement apply in addition to the provisions of The Baxter Pattern Book, as previously supplemented and amended, but in the event of a conflict, this Supplement shall control with respect to the lots in Parcel 26.  The Baxter Pattern Book, as previously supplemented and amended and as further supplemented hereby, together with the Aesthetic Restrictions, comprise the Architectural Guidelines referenced in Article IV of the Declaration of Covenants, Conditions and Restrictions for Baxter and are collectively referred to in this Supplement as the "Guidelines."

Design Philosophy
The design philosophy for Parcel 26 is to permit greater flexibility and creative expression in style of architecture than permitted in previously developed areas of Baxter while remaining consistent with many of the basic principles of massing, proportion and detail found in the traditional architecture that has been implemented in those areas to date.

Review Authority
Article IV of the Declaration of Covenants, Conditions and Restrictions for Baxter (the "Declaration") establishes requirements and procedures relating to architectural review and approval of proposed improvements, modifications, and landscaping on all lots in Baxter.  Architectural review for Baxter is handled by either (i) Clear Springs-Baxter, LLC, as the Declarant (or its designee), or upon delegation by the Declarant, by (ii) an Architectural Review Committee appointed by the Board of Directors of Baxter Community Association, Inc. (the "Association").  The term "Reviewer," as used in this Supplement, refers to the entity having review authority over a particular matter pursuant to the Declaration.  The Reviewer may retain advisory design professionals to assist in the review of plans and specifications submitted hereunder.

Scope of Review
The Guidelines are intended to provide guidance to Owners regarding matters of particular concern to the Reviewer in considering applications for approval of new construction, additions, modifications, and landscaping of residential properties within Baxter.  However, they are not the sole basis for such review.  In reviewing each submission, the Reviewer may consider any factors it deems relevant, including, without limitation, architectural style, massing, proportion, materials, landscaping, site grading and site layout, as well as harmony of external design with surrounding structures and environment.  Decisions may be based on purely aesthetic considerations.  Compliance with the Guidelines, while required, does not constitute the sole basis for review of applications for approval under Article IV of the Declaration and does not guarantee approval of any application.  The Reviewer may consider creative and innovative approaches in order to address special site conditions or circumstances, provided such approaches are permitted under the Declaration and are otherwise consistent with the spirit of the Guidelines.

Amendments to Guidelines
The Reviewer has the authority to amend any or all provisions of the Guidelines at any time and from time to time, in its sole and absolute discretion.  It is the lot owner's responsibility to ensure that he or she has a copy of the most current version of the Guidelines prior to commencing preparation of plans and specifications for construction or landscaping on the lot, as compliance with the current versions will be required.

Review Process
No construction activity of any type (including clearing and grading) may commence on any lot in Parcel 26 prior to the completion of the entire design review process outlined in this Supplement, payment of all architectural review fees, and issuance of an approval letter by the Reviewer.  The review process has been structured to achieve a smooth and timely review from preliminary plan submittal to final site inspection and approval.  Owners are encouraged to carefully review and familiarize themselves with the design review process and comply with the requirements at each step of the process in a complete and timely manner in order to facilitate approval of their proposed plans.  A form of application for architectural review may be obtained from the Reviewer.

 

General Requirements

Commencement of Construction
There is no requirement that owners of lots in Parcel 26 start construction of a home within any specific period of time.  However, approval of plans for proposed construction is only effective for a period of one year; therefore, if construction does not commence within one year after the date of approval, the approval will no longer be valid and it will be necessary to reapply for approval before commencing the proposed construction.  Once construction has commenced, it must be diligently pursued to completion.  All construction and landscaping must be completed within one year of commencement unless otherwise specified in the notice of approval or unless the Reviewer grants an extension in writing.  There is no guarantee that any requested extension will be granted.

Square Footage Requirement
Each home constructed on a lot in Parcel 26 shall have, at a minimum, the following square footage of heated floor area:

• Single-story home - 2000 s.f.
• 1 ½ story / split-level home - 2400 s.f.
• 2-story or 3-story home - 2800 s.f.

House Placement
A building envelope has been or will be established for each lot in Parcel 26 as part of the design review process.  The house may be constructed only within the predetermined building envelope. The Reviewer will guide this process and provide a suggested location for the building envelope, to be verified by your independent surveyor and/ or engineer.

Tree Removal
Prior to the clearing of any trees from a lot, the Reviewer or its designee will walk the lot and identify any specimen trees that are to be protected and saved.  These trees will be flagged with surveyors tape and noted on the site plan and shall be protected with construction fencing throughout the construction of the home and installation of the landscaping on the lot.  No trees over 3” caliper located outside of the predetermined building envelope shall be removed without written permission from the Reviewer.

Garages
All homes must have a garage that will accommodate at least two cars.  Front-loaded garages are discouraged but may be approved in the Reviewer's discretion.  Motor-court homes may be allowed with additional landscape requirements.  Both attached and detached garages must be subordinate to the main house in location and scale as determined by the Reviewer.  A detached garage shall be at least 24 feet x 24 feet in size and shall have two individual garage doors, each 9 feet in width with a minimum of 24 inches between the doors.  Attached garages shall have at least two individual garage doors.

Porch depth
All front and side porches must be at least 8 feet in depth.  Stoops used in lieu of porches for front or side entries shall be at least 6 feet in depth.
Architectural Review Fees
Review fees and charges are as follows:

• Initial Processing Fee - $750.00
• 3rd Resubmittal of Plans (preliminary or final) - $250.00
• Repeat site visits for non-conformity with approved plans - $200.00
• Swimming pool plans - $25.00
• Playground equipment - $25.00
• Home additions - $150.00
• Landscape Plan resubmittals - $50.00
• Exterior color changes - $25.00
• Fence, retaining wall and other site improvements - $25.00

All fees shall be paid by check made payable to Clear Springs-Baxter, LLC.

The above fees are intended to help cover expenses incurred by the Reviewer in performing its architectural review activities pursuant to the Declaration, including the cost of compensating any consulting architects, landscape architects, urban designers, inspectors, or attorneys retained by the Reviewer to assist in reviewing applications for architectural approval and conducting inspections.  All fees are nonrefundable.

 

Architectural Patterns

Home Styles
The owners of lot in Parcel 26 may select from a broader range of architectural styles for their homes than permitted in other areas of Baxter to date.  In addition to Colonial Revival, Classical, Victorian, Italianate and Arts & Crafts, these lots may include homes in the French Country, Coastal, Georgian, Greek Revival, Gothic Revival, English Romantic and American Farmhouse styles, among others.  The architectural style of each home constructed in Parcel 26 should be consistent with one of these styles in terms of massing, proportion, materials and detailing of the home exterior.

Colonial Revival

• Roof pitch - Main roof to maintain a pitch of 8 to 10:12
• Roof materials - Metal, slate, faux slate, asphalt or fiberglass shingles, hand-split cedar shingles*
• Ceiling height - 10’ minimum first floor, 9’ minimum second floor

Classical

• Roof pitch - Main roof - Temple fronts to be 6 to 10:12; typical pitches must be 8 to 10:12
• Roof materials - Standing seam metal, slate, faux slate, asphalt or fiberglass shingle, hand-split cedar shingles*
• Ceiling height - 10’ minimum first floor, 9’ minimum second floor

Victorian

• Roof pitch - Main roof to maintain a pitch of 6 to 8:12; Mansard roofs are also allowed in the Second Empire style; Perpendicular wings are narrow and should maintain a 12 to 16:12 pitch
• Roof materials - Metal, slate, faux slate, asphalt or fiberglass shingles*
• Ceiling height - 10’ minimum first floor, 9’ minimum second floor

Italianate

• Roof pitch - Main roof to maintain a pitch of 4:12 with deep eaves and ornate cornice detailing; Mansard roofs are also allowed in the Second Empire style
• Roof materials - Metal, slate, faux slate, asphalt or fiberglass shingles*
• Ceiling height - 10’ minimum first floor, 9’ minimum second floor

Arts & Crafts

• Roof pitch - Main roof pitch is typically at 6 to 8:12, some 5:12 can be found
• Roof materials - Slate, faux slate, asphalt or fiberglass shingles, hand-split cedar shakes*
• Ceiling height - 9’ minimum first floor, 8’ minimum second floor
• Colors: Siding colors for the Arts & Crafts style are to be deep earth tone colors.

French Country

• Roof pitch - Main roof to maintain a pitch of 10 to 12:12
• Roof materials - Slate, faux slate, asphalt or fiberglass shingles, hand-split cedar shingles, copper accents*
• Ceiling height - 10’ minimum first floor, 9’ minimum second floor

American Farmhouse

• Roof pitch - Main roof to maintain a pitch of 8 to 10:12
• Roof materials - Metal, slate, faux slate, asphalt or fiberglass shingles, hand-split cedar shingles*
• Ceiling height - 9’ minimum first floor, 8’ minimum second floor

Georgian

• Roof pitch - Main roof pitch is typically at 6 to 8:12
• Roof materials - Slate, faux slate, asphalt or fiberglass shingles*
• Ceiling height - 10’ minimum first floor, 9’ minimum second floor

Gothic Revival

• Roof pitch - Main roof to maintain a pitch of 12 to 16:12 with steeper pitches on L-gables and dormers
• Roof materials - Metal, slate, faux slate, asphalt or fiberglass shingles*
• Ceiling height - 10’ minimum first floor, 9’ minimum second floor

Greek Revival

• Roof pitch - Main roof to maintain a pitch of 4 to 8:12, many times this is a temple front.
• Roof materials - Metal, slate, faux slate, asphalt or fiberglass shingles*
• Ceiling height - 10’ minimum first floor, 9’ minimum second floor
• *Note: all roof vents and penetrations must be painted black or dark brown depending on roof material color.

 

Materials

Windows
Typical windows are to be double-hung, divided light sash with sill or GBG, of a quality equal to or better than Windsor Pro-Sash Series.  Special windows may be casement or awning windows depending on location and style of house.  The profile of the window must have top sash recessed from the trim and a bottom sash recessed from top sash.

Siding*/ Veneer**
Siding / Veneer must be of wood, composition board, fiber-cement board, brick (no black or charcoal mortar), stone or stucco

* It is typical to see beveled, shiplap or beaded profiles with either smooth or wood-grain finish. Board & Batten siding is also appropriate in certain styles.
** Whatever veneer material is used for the front façade must be used on all four sides of the main body of the house.

Trim
Trim shall be of wood, composition board, fiber-cement board, Azek or molded millwork.

Soffits/ Porch Ceilings
Soffits / porch ceilings shall be of GWB, plaster, painted fiber-cement board, tongue & groove wood or composite.

Gutters
Gutters shall be half round or ogee profile aluminum or copper.

Downspouts
Downspouts shall be of round or rectangular aluminum or copper.

Foundations
Visible portions of foundations shall be faced in common brick, stone, cast stone or stucco.

Porches
Porches shall be constructed of wood or composite wood materials (i.e. Trex or Tendura), concrete, stamped concrete, brick pavers, flagstone or bluestone.

Decks
Decks shall be constructed of wood or composite decking material.

Columns
Columns shall be constructed of wood, fiberglass or composite.

Railings
Railings shall be constructed of wood, metal or other composite materials that meet the dimensional and shape requirements of precedents and invisible attachment guidelines.

Exterior Lighting
All exterior lighting fixtures are to be consistent in style with the architecture of the home's exterior.

Chimneys
Exterior surfaces of chimneys shall be common brick, stone/ cast stone or stucco.  No siding is allowed on chimneys.

Driveways
Driveways shall be constructed of concrete, stamped concrete, asphalt, stamped asphalt, brick pavers, gravel or oil & chip.

Sidewalks
Sidewalks shall be constructed of concrete, stamped concrete, brick pavers, bluestone or flagstone.

Fencing
Fencing shall be painted wood, wood split rail, metal or PVC/ vinyl.  No chain link fences are allowed.

Landscape Walls
Landscape walls shall be constructed of brick, stone or block and stucco.  In some instances, timber walls may be acceptable.

 

Color Palette

Exterior Colors: All exterior colors are subject to prior approval of the Reviewer, including siding, trim and accent colors.  Color schemes should be appropriate to the architectural style of the home.  The Reviewer will use its judgment in approving colors to ensure an appropriate mix of colors along each street.

 

Landscape Requirements

The landscape of each home within this unique area of Baxter will maintain the basic intent of the traditional landscapes throughout Baxter.  All elements of landscape plans are subject to approval by the Reviewer, including landscaping lighting, irrigation, water features, walks, patios, garden structures, etc.

Plant Material
All plant material is to be selected from the Approved Plant List for Baxter. Certain plants are allowed only in the rear yard as noted on the list.  Plant size at installation should give the look of a somewhat mature landscape.  All plants and shrub sizes must be reviewed and approved by the Reviewer prior to installation.

Mulch
Several types of mulch are acceptable including, pine straw, shredded hardwood mulch, cedar mulch and pine bark.  Rock mulches are unacceptable. Other types of mulch not mentioned may be submitted for approval by the Reviewer.

Edging
Acceptable edging for traditional landscapes are; standard V-cut edge, metal edging (below the grass surface), brick or stone.  Poured in place concrete landscape curbing is unacceptable.

Walls
Landscape walls may be constructed of stone, brick, block and stucco, engineered block and poured concrete with stucco.  Walls may be used to retain soil in creating terraces or may be freestanding and used for screening, i.e. a motor-court wall. In certain instances, timber walls may be approved.

Fencing
Fencing may be used to enclose yards, create a landscape feature or be used as screening.  The style of fence and material chosen must be appropriately matched to the architectural style of the house exterior.

Gates
Driveways may be gated, whether at the entry from the street or at the entrance to an approved motor-court.  Gates must be approved by the Reviewer and must be consistent with the architectural style of the house exterior.

Screening
When specific screening is required, i.e. around A/C units, gas meters, etc., plant material must be at least 36” tall and evergreen.  On corner lots where screening is required for the rear yard, a 6’ privacy fence OR evergreen plant material at least 5’ tall (at time of planting) must be used.  The following areas are required to be screened:

• Utilities such as A/C units, gas meters, electric meters, phone pedestals, electric transformers, pool pumps, trash enclosures, etc.
• Rear yards on corner lots from all streets. Detached garages may be part of the rear yard screening.  See Approved Screening Plan for specific locations.
• Rear yards when lots back up to another lot. Must be 6’ tall fence or 5’ tall evergreen plant material.  See Approved Screening Plan for specific locations.
• Rear yards between neighboring lots.  See Approved Screening Plan for which side lot line is the responsibility of which lot.
• Rear yards where lots are adjacent to public spaces such as pocket parks, trails or other access easements.  See Approved Screening Plan for specific locations.
• Parking courts must be screened with plant material or low fencing to provide a visual distraction from the additional pavement that is typically associated with parking courts.

Lighting
All exterior landscape light fixtures should be consistent with the architectural style of the house exterior where appropriate.  Landscape lighting is allowed with Reviewer approval.  Up-lighting of home facades, up-lighting or moonlighting of canopy trees, post top or post mounted carriage lights, etc. are appropriate for use in traditional landscapes.

Mailboxes
Mailboxes are to be consistent with the Baxter style mailboxes used in other phases of Baxter.  This mailbox style can be obtained through Ornamental Specialties, Carolina Mailboxes or others that carry the same style.

 

Design Review Procedures

Review Schedule and Submittals

Orientation Meeting:  Each lot owner is required to attend an orientation meeting with the Reviewer prior to submitting an application for architectural review.  At the orientation meeting, the owner and Reviewer will review the unique characteristics of the owner's lot and the proposed home concept (whether it is a speculative home or a primary residence) so that the Reviewer can give preliminary feedback. This meeting will also include an overview of the Guidelines and a discussion of what the owner should expect during the review process.

After the orientation meeting, a schedule will be prepared for submittal and review of building plans and specifications and meetings with the lot owner or the representative of the lot owner to discuss any questions or concerns of the Reviewer relative to the building plans and specifications.  The schedule is designed to provide for a timely review of submittals and allow lot owners and their representatives to accurately plan their schedules.  The chart later in this section illustrates the steps in the review process for a home in Parcel 26.  Some of these steps may be combined to expedite the approval process, as indicated below. 

Conceptual/ Preliminary Design and Site Layout Review:  At this step, the Reviewer will review the proposed footprint and concept design for the home, including elevation concepts and proposed exterior materials, the home's orienta-tion and placement on the lot, site access, and preservation of significant features on the lot.  Submittals should include

• Completed Application for Approval
• One-time processing fee in the amount set forth in the Fee Schedule on page B-2
• Photos, photocopies or sketches showing the style or concept of the desired architecture and/or house plans, including elevations drawn to scale and floor plans (scale should be no less than 3/16” = 1’-0”).
• 20 scale footprint of house (if possible) to review site layout and location on lot
• Any other detail information that may be helpful to the Reviewer.

Submittals at this stage may include the informa-tion required at the Schematic Design Review stage to expedite the approval process.

Although not required, Owners of lots in Parcel 26 and their builders are encouraged to participate in the Conceptual/Preliminary Design and Site Layout review process.  This may help avoid unnecessary expense and delay by expediting later phases of the review process.  The Reviewer will review the proposed design approach to confirm general compliance with the Guidelines and the appropriateness of the design concept.

Schematic Design Review:  The Schematic Design Review is designed to further refine the concepts explored during the previous step.  The drawings submitted at this stage will be developed to a more detailed level to clearly communicate the design of the house and its placement on the home site.  If not previously provided, submittals at this step should include:

• Elevations drawn to scale, floor plans, roof plan and applicable details, i.e. dormers, cupolas, porch details, etc. (scale should be no less than 3/16”=1’0”)
• Exterior lighting selections
• Exterior color and materials selections, to include brick or masonry selections for foundations
• 20 scale footprint of house

Construction Drawing Review:  Unless submitted and approved during a previous step, construction drawings will need to be submitted at this stage which incorporate all aspects of the house design and site plan approved during previous steps, including the following:

• Elevations drawn to scale, floor plans, roof plan, foundation plan and applicable details, i.e. dormers, cupolas, porch details, etc. (scale should be no less than 3/16”=1’-0”).
• Details and/or samples of all exterior materials called out on elevations
• Exterior color selections, to include brick or masonry selections for foundations.
• Details or selection/cut sheets for all exterior lighting fixtures
• Any other detail information that may be helpful to the Reviewer

Site Plan, Grading, Landscape and Drainage Review:  This step in the review process is designed to ensure that homes fit within the context of the particular home site as well as the overall neighborhood.  If not previously submitted, submittals at this step must incorporate all of the requirements stated in the Application for Final Design Approval to be provided by the Reviewer and other portions of the Guidelines, as well as comments from all previous meetings and design reviews.  The submittals at this step shall include:

• 20 scale site plan showing location of house on lot.
• 20 scale plan showing grading and drainage (to include location of downspouts and piping of downspouts);
• 20 scale or larger landscape plan to include:
• plant locations and a plant list identifying all plant material and mulch types
• proposed screening consistent with landscape guidelines
• type and location of outdoor lighting
• location of patios, walkways, driveways, fountains and other hardscape elements (to include proposed materials for each).
• Any other information that may be helpful to the Reviewer

After approvals are obtained and construction is underway the Reviewer will conduct field reviews to inspect the construction for compliance with various aspects of the approved plans and specifications of concern to the Reviewer.  These inspections are for the Reviewer's benefit only and do not create any duty or liability to the owner.  The owner and builder are responsible for ensuring compliance with building codes and all aspects of the approved building plans and specifications, whether or not deficiencies are noted by the Reviewer.

Timing of Submittals and Review Sessions
The Reviewer holds a review session once a week, if necessary, to review the Building Plans and Specifications that have been submitted during the previous week.  All submittals shall be sent or delivered, by 5:00pm on the Thursday prior to the scheduled review session, to:

Baxter Architectural Review Coordinator
951 Market Street, Suite 203
Fort Mill, SC  29708
(803) 548-8645 x 227

in order to be reviewed at the next session.

Each lot owner is encouraged, but not required, to attend the review session at which such owner’s submittal will be reviewed so that the owner may respond to any questions that the Reviewer may have relating to such submittal.  Appointments for review sessions can be made by contacting the Review Coordinator.

At each step in the review process, the Reviewer shall review the submittals and return them to the Owner marked “Approved” or “Disapproved”, as the case may be.  All subsequent submittals must be in substantial conformity with any previously approved submittals; however, the Reviewer’s approval of preliminary submittals shall in no way bind or obligate the Reviewer to approve subsequent submittals.

The Reviewer may refuse to approve the submittals for any reason, including purely aesthetic reasons, in the sole discretion of the Reviewer.

Additional Requirements
Approval hereunder does not avoid the need to obtain approval from York County Building Standards for issuance of a building permit.  It is the responsibility of each lot owner or their representative to contact the York County planning department at the beginning of the planning and design process to ensure compliance with the rules, regulations and standards of York County.  Compliance with all governmental and quasi-governmental rules, regulations and standards is the responsibility of each lot owner and the lot owner’s builder.  It should not be assumed that compliance with the rules, regulations and standards of York County and other governmental and quasi-governmental authorities will satisfy all requirements of the Declaration, and the Design Guidelines, or that approval under the Declaration will satisfy all requirements of York County and other authorities.