COMMON CONSTRUCTION ISSUES

THE SUMMIT OWNERS’ ASSOCIATION

The following items are a few of the common “problem areas” which confront both owner/contractor and The Summit Owners’ Association. This list DOES NOT include all the restrictions of Article 8 of The Summit Declaration of Covenants, Conditions, and Restrictions. It is a “short list” of the issues that seem to occur most frequently, and therefore, merit your attention.

· Damage to common areas. Builders, their sub-contractors, and suppliers, especially concrete trucks and earth moving equipment frequently damage sidewalks, curbs, plantings, and grass areas. Trash allowed to accumulate on lots and on streets and sidewalks has also become unsightly at times. Article 8.17, Diligent Construction on page 32 outlines the requirements related to damage. We would encourage you to read it and discuss these requirements with your builder. In summary, you are responsible for all damage to any private and common areas (sidewalk, curb, street, and utilities) which is caused by construction on your property, and for the repair of such damage. You are responsible for keeping contiguous public and private areas (sidewalks, curbs, roads, easements) free from dirt, gravel, mud, garbage, trash, or other debris which is occasioned by construction. You are responsible for keeping common areas, your lot, and adjoining lots free of unsightly construction debris generated on your lot by providing a dumpster or cleaning up frequently. You are also responsible for keeping your lot free from the various subcontractor signs.

· Erosion Control Practices. Article 8.17, Diligent Construction, requires that erosion control protection be maintained during “any earth-disturbing operation.” Erosion Control Practices are explained in Exhibit D of The Summit Declaration of Covenants, Conditions, and Restrictions.

1. Before the clearing of the lot begins, a stone driveway should be installed (See Exhibit D). The aggregate should be six inches deep and extend 50 feet from the roadway. Because of the heavy construction traffic, it may need to be replenished during the course of construction. The purpose, of course, is to minimize carrying of dirt/mud into the street.

2. The construction and regular maintenance of silt fencing, straw bales, diversion ditches, and temporary rock dams may be necessary to prevent dirt and silt from being carried from the construction site onto adjacent properties, common areas, streets and sidewalks, or into Lake Keowee. Erosion control devices should be checked and maintained, if necessary, after every rainstorm.

· The cutting of trees near the waterfront. Mature trees (6” diameter at 12” above ground level) within the 50’ waterfront setback may not be removed without written approval. Prior approval is recommended before the removal of any vegetative growth within the 50’ waterfront setback. Although not required, owners of all lots are strongly encouraged to preserve as many trees as possible, which enhance property value and community aesthetics. See Article 8 and the Summary of Restrictions for additional detail.

· The placement of docks on waterfront lots. If you have a waterfront lot and are installing a dock, the dock needs to be placed in the pier zone shown for your lot in Exhibit F of The Summit Declaration of Covenants, Conditions, and Restrictions. Your dock cannot infringe across the lot line as projected into the water. The dock also needs to comply with Section 8.21, Docks, Piers, and Boat Houses on page 34. Note that docks must be low profile, may not be enclosed, and may not be multi-level. You are encouraged to purchase a dock with a dark green roof. Since they reflect less light, these docks look better and are less noticeable to you and your neighbors. It is most important that you discuss these restrictions with your dock contractor, especially whether the size and configuration of your dock fits your pier zone. Some companies are either unaware or ignore the restrictions. A large dock incorrectly placed in a small pier zone is very difficult and/or expensive to correct. Duke Lake Management, which issues permits for private docks, limits the size of a private dock to 1000 square feet.

· Open burning. After appropriate notification, general burning is permitted by Oconee County and by the U.S. Forestry Commission. The Forestry Commission requires prior notification at 1-800-705-8618 and lists safety requirements that must be observed. However, the SC Department of Health and Environmental Control (DHEC) PROHIBITS BURNING THE FOLLOWING: household garbage and trash, paper, motor and heating oil, asphaltic materials (shingles, tar), tires and rubber products, building materials (except untreated wood), plastics, paints, chemicals, and electrical wire. “Open burning of leaves, tree branches or yard trimmings originating on the premises of private residences and burned on those premises” is permitted. However, any open burning at a construction site must be located at least 500 feet from any neighboring occupied structure and must be done between 9:00 AM and 3:00 PM. “No heavy oils, asphaltic materials, items containing natural or synthetic rubber, or any other trade wastes which produce smoke in excess of 40 percent opacity” may be burned at a construction site. The DHEC wording seems to exclude the burning of trees and the product of general clearing for construction. Finally, Article 8 of The Summit Declaration of Covenants, Conditions, and Restrictions prohibits any “noxious or offensive trade or activity” and “foul or obnoxious odors” upon any lot in The Summit. You must avoid burning shingles, tar paper, silt fencing, plastics, and any other materials that produce foul, obnoxious, and/or toxic odors.

· The mailbox and supporting post. You cannot buy the post pre-made. However, you can have one made for you by any reputable woodworker. [Bob Lawson – (864) 885-9252 does a nice job and knows the requirements.] Please note that the restriction for the size of the mailbox has been changed. The approved mailbox is now a black Large T-2 (approximately 8.5” x 10.8” x 20.3”). Another note: Oconee County has passed an ordinance that requires owners to display “reflective” house numbers “near the walk, driveway…mailbox…so as to be easily read from the street line.” To meet the Covenants, Conditions, and Restrictions of The Summit and to maintain aesthetically pleasing standards in The Summit, the Board of Directors has established that silver reflective numbers shall be used and shall be placed horizontally on both sides of the newspaper receptacle under the mailbox.

· FYI: Fort Hill Natural Gas Company of Easley has installed gas lines in all phases of The Summit. If you would like to have natural gas, you need to request it at their office in Seneca and pay the $150 fee.

Revision 10/5/2004