Adopted September 21, 2005 by WW ECC

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. Click Here to review the lot designation for fences.

The ECC uses the WestWinds Covenants and the ECC Guidelines as the basis for all decisions. On the subject of fences, the reference is the “Amended Declaration of Covenants, Conditions and Restrictions” 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 (3 rd 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.

WW ECC Guideline for Fences adopted 9/21/05 2

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.

Only natural stained wood picket fencing, height not to exceed 48 inches, with arched top (or matching any adjacent existing approved fencing) will be considered in the Pond Fountain Court and Cherry Tree Court areas (see attached approved lot designations). In the areas along San Andrew Drive (see attached approved lot designations), 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. Any fence shall be limited to a height of 48 inches, unless a State or County law makes a different requirement. Positioning of fence shall not extend beyond the sides of each home (i.e., must be perpendicular with home so that the fence is not visible from the street view).

At the time of installation of the fence, 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 #4 below.

WW ECC Guideline for Fences adopted 9/21/05 3

The impact on neighboring properties and golf course views will be a primary criterion that will be considered in the approval process. In addition, fences shall be harmonious in nature with existing approved fences of surrounding homes.

Applications for fences will require the following submissions:

• WW ECC Application Form completed with the $20 application fee (payable to WestWinds Village, Inc.).
• Compliance deposit of $1,500 (payable to WestWinds Village, Inc.). The deposit will be held in a compliance deposit escrow account, not co-mingled with other funds. This deposit will be refunded after completion and approval by the ECC of the project.
• Product materials list.
• Site plan indicating grading, elevation and location of fence.
• Landscape plan including names of evergreen shrubbery, trees and/or other plants to be installed, as well as final growth height and width.

Other Requirements:

The homeowner shall post a sign notifying neighbors that an application for fencing has been submitted. The sign shall be posted at least two (2) weeks prior to the ECC formal meeting (held the third Wednesday of each month) for public comment. The ECC will provide a sign to the homeowner upon receipt of the application.

The applicant is required to stake the approximate location of the fence. A site visit will be conducted by the ECC.

Checks should be made payable to WestWinds Village, Inc. and mailed with the application submission package to WestWinds ECC, P.O. Box 589, New Market, MD 21774.