Architectural / Landscaping / Improvement Modification Requests

Every home was built and completed with an approved landscape design (or standard builder package), and exterior appearance detail (lights, roofing, stone, stucco and wood colors, etc.) submitted to the ACC by the builder. Regarding landscaping in particular, the CC&Rs cover maintenance in section 3.07 “Lot Maintenance”, and say in part, “Owners, or occupants, of all Lots shall at all times keep all weeds and grass cut in an attractive manner, and shall in no event use any lot for storage of materials and equipment…”  Whenever words like “attractive manner”, or words calling for judgment are used, the CC&Rs delegate judgment to the ACC and specify that the ACC has the final word on these issues. 

Projects that alter the slope of the land, drainage, potential erosion controls, or even the look of the property require ACC approval. It is NOT the intention of the ACC to make more work for everyone (including the ACC volunteers), rather to maintain the aesthetic of the neighborhood, and in some cases prevent improvements from unintentionally impacting other neighbors or common areas. See Section 24 below for details on EVFS requirements.

With the need for ACC approval for all improvements, additions, or alterations, the following is intended to serve as a guide as to what is, or has been, approved and what the ACC is looking for to expedite the approval process.

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When trees or shrubs die or need replacing, it is pre-approved to replace such trees and shrubs with like kind, or similar items. Similar shall mean in color and size, as well as seasonality - evergreens with evergreens, seasonal with seasonal etc. Also important is placement - they should be placed as similarly as is possible, unless otherwise approved in writing. Flowers in front beds to add season color are pre-approved and do not need to be submitted. 

The exception to the above is where such landscaping was specified as a part of an approval for structures placed on a property, and the landscaping additions were required for screening. In these cases, the replacement needs to follow the plan as submitted when the structure being screened was approved. 

Mulching of beds is pre-approved, so long as the mulch conforms to the traditional colors found in the neighborhood. These are various shades of black and brown available commercially nearby. Bright non-standard colors are not approved. You may submit any other various colors for approval with images showing the color, if you wish.

Per the CC&Rs (3.31), the removal of any tree on any lot with a diameter of 8” or greater, as measured 6’ from the base, must be approved in advance by the ACC. You can submit these requests with your pool or outbuilding plans for approval, but they must be called out and approved specifically. 

For tree addition, please submit plans showing placement on the plat map, and include the type and size of tree to be planted. Please also include whether or not a bubbler will be included to keep the tree healthy.

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We’ve had some unfortunate freezes in the last two years, and as a result some trees did not make it. Any dead tree or shrub must be replaced using the same or similar, as discussed in the replacement section above. For trees and shrubs that die after November 1 of any year, they may be replaced by March 31 of the following year to ensure best chance of success. For items that die between March 1 and May 31, they should be replaced within 30 days. For items that die after May 31 and before August 31, they should be replaced between September 1 and October 31 of that year. The intent is to replace items in a timely manner while avoiding planting in times where excessive heat or cold may cause problems.

No barrier, rock or structure should be placed along the roads, or along the grass line of a property without prior approval in writing from the ACC. The ACC understands the impact of vehicles parking on, or driving over lawns, and is considering various options. Not every property is the same, and individual solutions may work for one, but not others. All must be submitted and approved.

Flags, bird feeders, bird baths, large garden pots (>5 gallon), ceramic statues, ceramic or metal boots, windmills, tree decor, garden gnomes and any number of various other “yard accessories” that remain out of view from neighbors and community streets in one’s backyard do not need approval. Any such item placed in view of a community street, or neighboring property, must be approved.

All lighting additions, of any kind, must be approved in writing before installation per the CC&Rs. The HOA follows dark sky guidelines when considering and approving lighting of any kind. 

Driveway Lighting:

Driveway lighting that is either low profile, led, or stick-mounted may be used, so long as they meet these guidelines:

1. Color - Must be white and must be consistent across every separate light installed similarly in the row. Blue, red, amber, or other colors are not approved. 
2. Placement - One light may be placed at either end of a raised curb (where the curb meets the driveway) for homes that have culverts and/or curbs. One light may be placed at the street (on the owner's driveway - not on the street) on each side of the entrance as the driveway begins, regardless of proximity to the raised curb. Between the curb and the home or garage, each light may not be closer than 15 feet to the next street-side light. Any concerns of clarification please contact the ACC using the ACC form in PayHOA prior to installation. 

Exterior Permanent Lighting (excludes sport courts):

Any and all permanent lighting fixtures must be submitted to the ACC and approved prior to installation. All exterior lights around the house were submitted and approved by the ACC when the builder submitted the original plans. The approvals included the wattage, color, and the required shielding of each fixture (blocking outward shine of each light and focusing light downward only) to maintain Dark Sky compliance.  Lighting should be set on a timer to go off no later than 1:00am.

Landscape Lighting:

Any landscape lighting that is permanently installed should be submitted and approved prior to installation. The ACC is looking to make sure the intensity of the light, the placement of the light, and the throw of the light (must not cast light above roofline) meet Dark Sky compliance. 

Sports Courts:

Requests for lighting should be submitted and approved by the ACC at the same time as the submission for a sports court.  The ACC is looking to make sure the intensity of the light, the placement of the light, and the throw of the light does not infringe on neighboring properties and meet Dark Sky compliance.  Any approved lighting is required to be turned off when the court is not in use and may not be used beyond 10pm.

Holiday Lighting:

Please see Holiday decorations below

Our community loves to decorate for the holidays, and we all enjoy it. Holiday decorations, in general, are a welcome sight to the ACC. Here are a few guidelines just to be sure. While these focus on the more frequently mentioned Holidays, if there are others not considered, please just email us and we will update.

Timing: 

• November 20 - January 10: Holiday lights and yard decor. All should be removed from view prior to January 10 each year. Lighting should be on a timer set to go off no later than 1:00am.
• September 30 - November 5: Halloween decor. All Halloween decor should be removed from view prior to November 6th each year. Lighting should be on a timer set to go off no later than 1:00am

Permanent Lighting: See Lighting section above

All improvements, of any kind, including signs (of any kind), have required ACC approval at all times since the creation of the neighborhood. The below should serve to make it easier to install address signs on each property, or serve to approve most of what is installed to date. 

Temporary ground mounted horizontal address signs made of metal, that are of the colors black, brown, or dark bronze, that contain the property address (including number and/or street name) are considered approved as long as the size does not exceed 2’ wide by 2’ tall. Vertically oriented “house number only” signs made of metal (black, brown, or dark bronze) that are no wider than 8” and no taller than 3’ are considered approved. 

Any permanent-mounted signs (whether on the home or in the ground), including those made with stone, brick, wood, metal or other material, must be submitted and approved prior to installation.

Political signage is protected by Section 202.009 of the Texas Prop Code and has specific requirements. We adhere to these codes. All must be ground-mounted, and only one sign per candidate or ballot item. 

Signs in support of a student (one per student) that are sponsored by a school, or school related organization, that do not exceed 4 square feet in area, are considered pre-approved when placed in the garden adjacent to each house nearest the home. Such signs must be kept upright and in good repair or should be removed or replaced.

Children’s playscapes, including swing sets, made of wood, or metal, that are installed behind the fence in any property, and not installed within any setbacks, are pre-approved. Exceptionally large sets (>14’ tall or >32’ wide when fully assembled) should be submitted and approved prior to installation. 

Tree houses constructed on any property must be submitted with location marked on the plat map, and dimensions with height of floor and rooftop included. 

Trampolines, up to 16’ diameter, with netted siding are approved when placed in the fenced backyard, and not placed in any setbacks. Netting should remain in good repair if the trampoline is visible from any other property or a street. 

In Ground Basketball goals must be submitted to the ACC; including placement, size, and color. It is the intention of the ACC to review and quickly approve these, but the placement will be reviewed specifically. Temporary basketball goals also fall under ACC approval. However, as long as they are of standard make and color, remain in good repair and inside setbacks, they are considered approved. 

All play equipment, including basketball goals, must be kept in good repair.

Any addition to the property, such as sheds, buildings etc., must be submitted and approved before starting construction (3.28; 4.02). All structures added must conform strictly to the design and materials used on the main home unless such structure is to be completely hidden from view of neighbors and any street. Rubbermaid or plastic structures - any structure that does not conform to the house design - are not approved unless screened entirely from view of neighboring properties, and any street (4.04). Please include the location on the plat map, the make of the structure, and the plan to screen the structure (screened completely from the start - not over time as vegetation grows) in your submission. Note that screening from the point of installation is a key part of the approval, and any screening approved, but found not to fully screen as intended, may require additional plantings in order to be compliant.

This guidance is provided by the ACC per the CC&Rs in Section 6.14 “Guidelines for Building.” For the purpose of ACC evaluation, any structure to be used for temporary or longer term accommodations by guests of an Owner, or by members of an existing Owner’s “Single Family” will be considered an “Outbuilding.”  This includes, but is not limited to, structures commonly referred to as Casitas, Pool Houses, Guest Houses, Home Gyms, or other such structures to be built on a Lot. This section is not intended to address or otherwise change the CC&Rs position on rentals (See CC&Rs Section 4.05). Structures designed similar to garages and used primarily for vehicles - even if designed flexibly for use as home offices, home gyms or the like, will be considered “Garages” for ACC evaluation here. Despite this guidance, nothing here is intended to in any way limit or alter the sole discretion afforded the ACC in its role of maintaining a uniform look and feel for the neighborhood by reviewing and approving or denying proposed improvements. 

Lots in Saratoga Hills vary - often significantly - in their slopes, tree coverage, size and layout, and location in the neighborhood (from relatively hidden in a valley to prominent on a hill or hillside of opposing valleys). These differences are often material in the evaluation and consideration of projects that may be more or less visible to other neighbors or inhibit or detract from surrounding views when completed. For that reason, and based on aesthetics alone, a structure may be approved on one lot while a similar one is denied on another. As a result, the below guidelines are general and are intended merely as a guide published for how the ACC considers such projects. Notwithstanding anything to the contrary in this guide, every proposed improvement must be submitted for review, and no work may begin until approval has been granted in the sole discretion of the ACC. 

The CC&Rs specify that each lot shall be improved and used “solely for Single Family Residential use.” They further specify in 4.04 that the “Property described in this declaration shall be used as home sites for Single Family Residences only.” And further, that “No Lots within any portion of the Property designated by DECLARANT for use as Single Family residential purposes shall be improved or used except by a Residence designated to accommodate not more than a Single Family, plus a garage, fencing and such other Improvements as are necessary or customarily incident to a Single Family residence.” Therefore, and in accordance with these CC&Rs, the ACC has agreed on the guidelines below in order to consider and support only added structures that will facilitate the living of Single Families. The ACC recognizes that, at times, a relative of the Owner or Owner’s Single Family may live as part of their single family in an adjacent guest house. These structures that support such an arrangement, however, are expected to be much smaller than the original residence. It is NOT the intent of these guidelines to provide for the approval and construction of fully appointed second homes on any lot. 

The CC&Rs provide for minimums in square footage and garage spaces in order to achieve a certain aesthetic and “uniform look and feel”. The terms “uniform” and “desires to create and carry out a uniform plan” are included in the Recitals for the CC&Rs, Section 2.05 and Section 9.05. It is natural then, that the ACC considers what maximums should also be in place in order to serve the same purpose. With the homesite acreage provided in Saratoga Hills, a key aesthetic attribute of our area is nature and the wider open spaces. As such, any lot on which too many square feet are developed would materially alter that aesthetic. 

Subject to the ACC’s sole discretion as provided in the CC&Rs (Sec 6.07), the ACC will review and consider proposed additional structures on the basis of resulting overall aesthetics (e.g. “crowding” of a lot) and purpose (i.e. support of the existing single family). Any requested Outbuilding shall be single story only and shall not exceed the height of the existing structure (house). The ACC, however, is not obligated to approve any specific plan and may provide a variance to Guidelines of CC&Rs where doing so is in accordance with its duties provided in our governing documents. When evaluating the size of Outbuildings - whether they are submitted as “Casitas”,  “Pool houses”, “Guest Houses” or other similar name, the ACC considers the common size to be 900 sq feet or under (living space) and 1100 sq feet or less inclusive of an attached garage. Outbuildings sharing the existing driveway for access create a more uniform look and feel, and barring a unique or exceptional reason for adding a second driveway, are preferred. 

Specific to Garage additions alone, the ACC will review and consider proposed additions that result in a maximum of 6 garage parking spaces, total per lot. For the purposes of this guidance, a parking space is considered any 12’ wide by 22’ deep covered space, or similar space, where access is provided by a traditional “garage door.” All garage doors shall match the existing home in design, function, material and color. Commercial style or “rollup” garage doors visible to any other property or street are not permitted. Any added Garage should be constructed to the extent possible as extensions to the existing garage and parking of the original home - extending the original driveway to connect both structures if needed in order to create a uniform look and feel to the property. This is not intended to restrict circle driveways in situations where such an addition is approved by the ACC. 

Driveway space - When adding garages, an additional driveway pour may be desirable. The ACC will review each design as layouts may differ Lot by Lot. It is difficult to assess as a general guideline how much space is reasonable per Lot for driveways, so appropriate depictions to scale on the survey of the property are necessary.

Structures, such as dog kennels, other animal enclosures, trailers, pens, metal dividers, raised gardens with or without bird netting, and other various structures are not approved if visible to a neighbor of the street. All of these must be submitted, including a plan to screen. The ACC will review each submission. Screening should include the size and specification of the plants or trees being used, whether they are evergreen, and the submitted plans should screen the structure from the date of install - not over time. This is in accordance with our CC&Rs as written. See the note of caution on screening in “#12” above.

Flags flown as attached to the home, mounted no higher than 7’ where attached, with the flag in good repair, are approved.

Texas Property Code 202.012 governs the display, and right to display, of the following flags: the US Flag, the State Flag, and flags of the US Armed Forces. Flags must be displayed in accordance with 4 U.S.C. Sections 5-10, and the Texas flag with Chapter 3100 Government code. 

The location, size and color of the pole should be submitted for approval. Any included lighting must be approved as well. Flags other than the Federally protected flags above are not approved to be flown on any approved flagpole.

See Code Here:Texas Prop Code 202.012

All additions, including gravel, must be submitted and approved when visible from a neighboring property or the street.

The right to install solar devices is protected in Texas by state law. However, state law still requires that each solar system be submitted to the HOA for approval, and that the equipment must be of an approved color, must match the slope of the home (if roof mounted), and must not exceed the peak of the home in height. See exact specifications if considering a solar product. 

Similar restrictions are in place for ground mounted systems, including height (must not exceed height of the fence or should be screened). 

All Solar installations require approval prior to installation, or may result in post-install modifications being required, which can be expensive.

The right to install rain collection systems, like Solar, is protected in Texas. However, the size, color, placement, and visibility of these systems is controlled by the ACC. In Saratoga Hills, systems may be placed in the backyard (unless otherwise approved), and must be shielded from view, at all times, by either a structure matching the home (rock, stone etc), or by evergreen vegetation (Trees, Shrubs) of sufficient size and density to block the view from the time of installation. All plans must be submitted and approved by the ACC prior to installation.

See Code Here: Texas Property Code 202.007

If the item is not explicitly covered here as pre-approved, please follow the ACC process found in PayHOA. Over time, we may be able to improve this guidance, but keep in mind that it does not replace, or in any way supersede the CC&R’s. 

"For sale" signs for an individual property are permitted, so long as they meet the requirements listed here:

• One single sign advertising the individual property, not to exceed a maximum of 2’ wide and no taller than 5’, may be placed on the property being listed for sale, if placed in the ground.  
• No tree-mounted signs are permitted
• Banners made of vinyl or other material are not permitted
• The sign shall be constructed of a sturdy metal, and mounted in either metal frames, or to 4x4 wooden posts and appropriately stained, in accordance with the neighborhood aesthetic.
• Paper, cardboard, or plastic signs on wire mounts are not permitted
• No additional signs may be placed throughout the neighborhood, at the entrance, or on any other property, unless explicitly approved in writing by the ACC.
• Signs should be placed no closer to the street than 4’
• If mounted on grass, the grass at the base of the sign must be maintained as usual.

To protect your water pipes, insulated bags are commonly used where the pipes are above ground near the street at each property. These bags may be dark green, brown, or tan, as are commonly available. Any other colors, or any other structure used for protecting your pipes may be approved at the discretion of the ACC, but all must be submitted in writing following the online process.

All pool builds must be submitted through the ACC review process (found in PayHOA - requests). 

When submitting for a Pool:

• Please include the renderings. If you wish to use a separate document to detail the stone and such used, feel free. You can upload documents in PayHOA.
• Please include the plat survey with the location of the pool or improvement(s) - making sure that all decking and structures to be added are within setbacks. 
• Include location of the fence, as well as gates - please mark as existing or new. All pool submissions must have fencing listed (existing or new) as the fence is a requirement. The fencing must be in place prior to the pool filling with water. 
• The EVFS field location. The EVFS is the runoff vegetative field that should be at least 25' long and 15' wide. Mark the rough area on the plat. This is basically a non-built grass, or natural area, that intends to stay as such.
• Ingress/egress location - where will the builder come in and go out? Make sure it does not infringe on neighborhood property, or neighbors. If you need to use community property, please reach out and the Board can help.
• For outdoor kitchens, the roof height (should roughly conform to the house roof height where possible), roof pitch (match house wherever possible), any stain color (matching house if applicable), and roofing material to match house.

​The ACC is basically looking for location inside setbacks/build lines, stone and roofing to match the house, fencing, and compliance with EVFS requirements.

• Any constructed barrier that screens an area, or areas of a property, is considered first under the "fence" provisions in the CC&Rs. While some may consider a stained wooden structure as a "privacy screen", or some other "barrier" - we take guidance from the CC&Rs on what fence material should be used on lots when visible from neighboring properties or streets. 
• The standard for such barriers is that they are built of stone, or stucco, to match the home. Any deviation would be a variance from the ACC, who maintains a very high bar for these.

As you submit to build pools, or other structures, one item you need to consider in your plans is the EVFS location. For a plan to be approved, it needs to note the location of the EVFS given the structures on the lot, including any new ones.

What is an EVFS?

An "Engineered Vegetative Filter Strip" is an area of vegetation designed to remove sediment and other pollutants from surface water runoff through filtration, deposition, infiltration, absorption, decomposition, and/or volatilization. Filter strips were originally used as an agricultural treatment practice, but have recently evolved into an urban practice as well. Within an agricultural context, vegetative filter strips are generally referred to as banded areas of planted, or indigenous, vegetation which are positioned between a potential pollutant source area (cropland) and a surface water body that receives runoff (e.g. our streams and drainage areas in Saratoga Hills). Several state and federal agencies (e.g., EPA) have included EVFSs in their arsenal of agricultural best practices. Within an urban context, EVFSs are gently sloping (no more than 20%), vegetated areas adjacent to impervious surfaces, such as homes, garages, pools, sidewalks and roadways.

Nonpoint source (NPS) pollution is pollution that cannot be traced to a direct source and usually results from runoff and precipitation.

Designing an effective EVFS - what are the considerations?

• Vegetation: Sturdy, tall, perennial native grass species generally do the best job of removing sediment.
• Slope: Extensive field studies indicate that EVFSs work best on slopes that are less than 5%, and are usually not recommended for slopes greater than 15%. The Hays County requirements, and those listed in our EVFS for Saratoga Lots, require no more than 20%. Increased steepness increases runoff velocity, resulting in decreased sediment deposition by filter strips. It is also noted that the slope of the drainage area above the filter strip needs to be 1% (or greater) to allow runoff to enter the EVFSs. Slopes less than 1% will cause runoff and sediment to back up into the contributing area and not enter the EVFSs.
• Soil: When agricultural runoff passes through a buffer strip, the vegetation slows down the flow velocity, which provides time for the water to infiltrate and then percolate into the soil profile. As a result, sediment and other pollutants settle out of the runoff. This process is largely affected by the soil conditions (e.g., size of soil particles, aggregate stability, available water capacity, and particulate organic matter). Rocky soils are not ideal locations for EVFSs because water can easily infiltrate them. A proper top soil bed (1-2") with a grass native to our area (e.g. bermuda or zoysia for example) are required for the EVFS.
• Width: Generally, wider filter strips perform better than narrow ones. The filter strip width should be great enough to effectively trap clay-sized particles, which require the lowest velocities through the filter. A recent Field Office Technical Guide (NRCS 2015) indicates that "6 meters" is the minimum flow length (width) through the filter strip. For this reason, Saratoga Hills plats require 15 feet and an appropriate length given the structure it is located near.
• Flow: Most of the studies on EVFSs assume that the flow of agricultural runoff is sheet flow across the buffer filter. However, natural berms often cause concentrated flows, which may dramatically reduce the pollutant-trapping efficiency of the EVFSs (Figure 2). Therefore, to promote removal efficiency, one must maintain sheet flow where runoff enters edge-of-field filter strips. For this reason, some locations on lots in Saratoga Hills will be approved, and others not approved. The EVFS must be on a relatively flat strip.

How do I know where my lot's EVFS should be?

Each lot has an EVFS specified given the slope of the runoff for that lot. Those locations are detailed in the file below.

See the attached file HERE

Governing Document References:

Supplementary Declaration Two declares Section 2 subject to EVFS agreement

Supplementary Declaration Five declares Section 3 (Phase 3) to be subject to EVFS agreement

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Any changes to existing or prior approved improvements that will change the look or layout of the prior approved items must be resubmitted for approval. This includes size, color, materials, placement, height etc.