WELLINGTON OF FLOWER MOUND RESIDENTIAL ASSOCIATION, INC.
ARCHITECTURAL CONTROL COMMITTEE
Bulletin #15 - Composting Devices
December 19, 2012
The property encumbered by the Composting Devices Bulletin is that property restricted by the Declaration of Covenants, Conditions and Restrictions for Wellington of Flower Mound Residential Association, Inc., recorded under clerk's file number 006513 (hereinafter the "Declaration"), as same has been or may be amended from time to time, and any other subdivisions which have been or may be subsequently annexed thereto and made subject to the authority of the Wellington of Flower Mound Residential Association, Inc. (the "Association").
Pursuant to Article 10.02 of the Declaration, the Architectural Control Committee (hereinafter the “Committee” or “ACC”) may, from time to time, publish and promulgate Architectural Standards Bulletins covering all or a portion of the property subject to the Declaration. These bulletins may contain standards, requirements or limitations in addition to those expressly set forth or referred to in the Declaration.
Pursuant to the authority granted in Section 202.007(d) of the Texas Property Code, the ACC with the joinder of the Board of Directors (the “Board”), hereby adopts this Composting Devices Bulletin, which shall run with the land and be binding on all owners and lots within the subdivision. This Bulletin replaces any previously recorded or implemented policy that addresses the subjects contained herein.
This bulletin is applicable to all Wellington lots.
A request via application must be submitted to the ACC for review on a case by case basis for the placement of a Composting Device. Approval or disapproval will be given in accordance with the Declaration. Nothing contained herein waives any right or remedy otherwise available to the ACC under the Declaration. This Bulletin does not apply to property that is owned and maintained by the Association.
A. Installation Requirements and Restrictions:
1. A Composting Device shall not be located on any property or common area owned or maintained by the Association.
2. The Composting Device must be located in a reasonably sufficiently sized area within the fenced yard or patio of a property owner. A Composting Device shall not be located between the front of the property owner's home or fence and an adjoining or adjacent street.
3. A Composting Device shall not exceed the height of the fence, regardless of elevation changes, and shall not be visible from the first (1st) floor windows of neighboring properties or visible from the street. For yards with tubular steel fencing, adequate screening must be constructed as determined by the ACC.
4. A Composting Device must be located a minimum of 20 feet from all property lines.
5. Only a commercial and professional grade Composting Device is permitted.
6. A Composting Device must be made of heavy-grade rigid plastic, be a color consistent with the color scheme of the property owner's home, and shall not be painted.
7. A Composting Device shall not display language or other content other than the standard manufacturer's display.
8. All Composting Devices must be fully enclosed and not allow animal access. No piles, pits, or heaps are permitted. Regular maintenance, aerating, and turning are required.
9. A Composting Device shall not create unsanitary conditions, odors, or be a nuisance to any neighboring properties. A Composting Device shall not contain meat, bones, fish, fats, dairy products, or other odor-producing items.
10. Composting Devices are limited to one (1) per lot and shall not exceed a 12 cu ft / 90 gal capacity.
B. Applications to Include:
1. A completed application including the purpose of the installation.
2. A site plan showing the proposed location of the improvement and distance from streets, neighboring properties, and common areas. Photos of the location must be included.
3. The manufacturer's brochure or website address detailing the product to be installed and containing photos and dimensions of the product.
4. Any ancillary equipment and the location of this equipment including but not limited to the method of enclosing the Composting Device and any screening that will be installed.
5. The color or colors of the Composting Device and any accompanying equipment.
6. The size and number of the Composting Device and accompanying equipment.
7. The potential visibility from public streets and neighboring properties or common areas.
9. Any noise, odor or drainage issues associated with the Composting Device or accompanying equipment.
Promulgated by the ACC on November 26, 2012