WestWinds ECC Guideline for Fences
Revised January 20, 2010 (Originally adopted September 21, 2005)
(01/20/10 Guideline supersedes all previous WW ECC Fence Guidelines)
No fence, temporary or permanent, shall be built and/or installed on any part of any lot, except as approved by the WestWinds Environmental Control Committee (WW ECC).
The ECC will only accept applications for fences for lots that are located within the approved designated areas (see Approved Lot Designations for WestWinds Fences below).
The ECC uses the WestWinds Covenants and the ECC Guidelines as the basis for all decisions. In addition, a primary criterion used in the approval process is the impact on neighboring properties and golf course views. Also, fences are to be harmonious in nature with existing approved fences of surrounding homes.
Types and Location of Fencing:
Only natural stained wood picket fencing with arched top (or wood picket fencing which matches any adjacent existing approved fence) will be considered for designated lots on Pond Fountain Court, Country Club Road, Fair Lane, and Cherry Tree Court (refer to Approved Lot Designations below).
Only black ornamental aluminum fencing protected by a maintenance-free powder coat finish over high-strength reinforced aluminum in traditional straight top rails will be considered for designated lots along San Andrew Drive where the homes back to the Country Club Road homes, and along San Andrew Drive where the homes back to Gas House Pike(refer to Approved Lot Designations below).
All fences shall be limited to a height of 48 inches, unless a State or County law supersedes the WestWinds requirement.
Positioning of fence shall not extend beyond the sides of each home (i.e., must be perpendicular with the home so that the fence is not visible from the street view).
Landscaping Requirement:
At the time of installation of the fence, evergreen landscaping shall be installed on the outside of any wooden fence with the intention that the fence will have minimum impact on the view of the neighbors. Landscaping shall be installed to provide evergreen screening year round, and shall provide a minimum of 50% coverage of the surface area of the entire perimeter of the fence.
Landscaping is not required for any ornamental aluminum fencing. However, if the homeowner plans to install landscaping, the application must include the information required in #6 below. Exception: Ornamental aluminum fencing with landscaping around the perimeter of the fence is required for ECC-approved pools.
Applications Package to Include the Following:
1. Completed and signed WW ECC Application Form with the $20 application fee (payable to
WestWinds Village, Inc.). The WW Application Form is located at the back of the WW
Community Directory or may be retrieved from the Lake Linganore Association (LLA) web site
at www.lakelinganore.org. Click on WestWinds Village to access the WW ECC Application Information and Form.
WWECC Fence Guideline, Adopted 01/20/10 (continued) 2
Other Requirement :
After receipt of the application, the ECC will conduct a site visit and post a sign (which will be posted for at least two weeks) notifying neighbors that an application for fencing has been submitted. Prior to the site visit, the homeowner is required to stake the approximate location of the fence.
Mail the complete application package, fee and compliance deposit (separate checks) to the WestWinds Environmental Control Committee, P.O. Box 589, New Market, MD 21774.
Homeowners will be notified in writing about the disposition of their application once the ECC review process has been completed. Installation is not to begin until receipt of the written approval. In addition to the WW application submission, it is the responsibility of the homeowner to obtain all necessary Frederick County Building Permits and/or variances and observe all zoning ordinances as required by the County.
References:
Amended Declaration of Covenants, Conditions and Restrictions for WestWinds Village dated December 2, 1992, under Exhibit B, item 28 and under Golf Facility, item 1, quoted as follows:
“Item 28, Exhibit B: Except for original construction authorized by the Declarant or its designee, no fence or wall of any kind shall be erected, placed or maintained, or permitted to remain upon any of the Properties, unless and until the written consent of the Environmental Control Committee has been obtained therefor.
Item 1 (3rd sentence), Golf Facility: With respect to Improved Lots and Vacant Lots which are contiguous to the Golf Facility, there shall be no fencing around or abutting the boundary of the Golf Facility except for temporary fencing erected by the owner or operator of the Golf Facility during tournaments and except that fencing which is approved by the owner or operator of the Golf Facility and the Environmental Control Committee. With respect to Improved Lots and Vacant Lots, which are not contiguous to the Golf Facility, there shall be no fencing or other obstructions within a distance of (10) ten feet from the boundary of the Golf Facility without the prior written permission of the owner or operator of the Golf Facility and the Environmental Control Committee.
With respect to any fencing which is permitted pursuant to this paragraph 1, the owner or operator of the Golf Facility and the Environmental Control Committee may condition its approval of such fencing on such additional rules and regulations as the owner or operator of the Golf Facility and/or the Environmental Control Committee shall deem necessary and appropriate to insure the maximum use and enjoyment of the Golf Facility including, but not limited to, proper landscaping and screening of the fencing and any and all other restrictions which the Environmental Control Committee and/or owner or operator of the Golf Facility may determine in their sole and absolute discretion.”
Approved Lot Designations for WestWinds Fences
Applications requesting fences will only for considered for all those lots of parcels of land situated, lying and being in the New Market and/or Eaglehead Election District, Frederick County, State of Maryland, being more particularly described as follows:
FIRST: Lots 84, 87 as shown on a subdivision plat entitled “EAGLEHEAD, SAN ANDREW, Section II, Plat 2” recorded among the plat of records of Frederick County, Maryland, in Plat Book 8, page 63.
(7004 Putter Court and 7003 Eagle Court)
SECOND: Lots 88, 90 as shown on a subdivision plat entitled “Final Plat, Lots 82-98, Section 1-B, Plat 1, WESTWINDS” recorded among the plat of records of Frederick County, Maryland, in Plat Book 46. page 16. (7004 Eagle Court and 11316 SanAndrew Drive)
THIRD: Lots 10A, 11A, 12A as shown on a subdivision plat entitled “CORRECTION PLAT, SECTION 1-B, WESTWINDS” recorded among the plat of records of Frederick County, Maryland, in Plat Book 61, page 169. (11314, 11312, and 11310 SanAndrew Drive)
WWECC Fence Guideline, Adopted 01/20/10 (continued) 3
Approved Lot Designations for WestWinds Fences (continued)
FOURTH: Lots 16, 17, 18 as shown on a subdivision plat entitled “CORRECTIONS PLAT, SECTION 1-B, WESTWINDS” recorded among the plat of records of Frederick County, Maryland, in Plat Book 61, page 169. (11308, 11306, and 11304 SanAndrew Drive)
FIFTH: Lots 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133 as shown on a subdivision plat entitled “Revised Final Plat, Lots 115-135, Section 1-B, Plat 3, WESTWINDS” recorded among the plat of records of Frederick County, Maryland, in Plat Book 46, page 198. (6822, 6820, 6818, 6816, 6814, 6812, 6810, 6808, 6806, 6804, 6802, 6800, 6801, 6803, 6805, 6807, 6809, 6811, 6813 Cherry Tree Court)
SIXTH: Lots 113, 114 as shown on a subdivision plat entitled “Revised Final Plat, Lots 99-114, Section 1-B, Plat 2, WESTWINDS” recorded among the plat of records of Frederick County, Maryland, in Plat Book 46, page 198. (6826 and 6824 Cherry Tree Court)
SEVENTH: Lots 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182 as shown on a subdivision plat entitled “Final Plat, Lots 153-184, Section 1-B, Plat 4, THE VILLAS AT WESTWINDS” recorded among the plat of records of Frederick County, Maryland in Plat Book 59, page 58.
11137, 11139, 11141, 11143, 11145, 11147, 11149, 11151, 11153, 11155, 11157, 11159 Pond Fountain)
EIGHTH: Lots 202, 203, 204, 205, 206, 207, 208 as shown on a subdivision plat entitled “Final Plat, Lots 201-208, Section 2-A, Plat 1, WESTWINDS” recorded among the plat of records of Frederick County, Maryland, in Plat Book 58, page 37. (11248, 11246, 11244, 11242, 11240, 11238, 11236 Country Club)
NINTH: Lots 209, 210, 211, 212, 215, 216 as shown on a subdivision plat entitled “Final Plat, Lots 209-232, Section 2-A, Plat 2, WESTWINDS” recorded among the plat of records of Frederick County, Maryland, in Plat Book 58, page 56. (11234, 11232, 11230, 11228 Country Club; 6955 and 6957 Fair Lane)
TENTH: Lots 302, 303, 304, 305, 306, 307, 308, 309, 310 as shown on a subdivision plat entitled “Final Plat, Lots 301-310 and 323-334, Section 3-A, Plat 1, WESTWINDS” recorded among the plat of records of Frederick County, Maryland, in Plat Book 67, page 44.
(11096, 11094, 11092, 11090, 11088, 11086, 11084, 11082, and 11080 SanAndrew Drive)
ELEVENTH: Lot 311 as shown on a subdivision plat entitled “Final Plat – SECTION 3B, Lots 312-315 and 319-322, WESTWINDS” recorded among the plat of records of Frederick County, Maryland, in Plat Book 68, page 22. (11074 SanAndrew Drive)
TWELVETH: Lots 355, 356, 357, 358 as shown on a subdivision plat entitled “Final Plat FIVE OF SEVEN; SECTION 5, PLAT THREE lots 355-358, WESTWINDS” recorded among the plat of records of Frederick County, Maryland, in Plat Book 68, page 159.
(11040, 11042, 11044, and 11046 Country Club Road)
THIRTEENTH: Lots 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396 as shown on a subdivision plat entitled “Final Plat FOUR OF SEVEN, SECTION 5, PLAT TWO Lots 335-365 and 384-396, WESTWINDS” recorded among the plat of records of Frederick County, Maryland, in Plat Book 68, page 158. (11025, 11023, 11021, 11019, 11017, 11015, 11013, 11011, 11009, 11007, 11005, 11003, and 11001 Country Club Road)