ARC Overview and Jurisdiction

The Pine Bay Community (“Community”) is governed by the Amended and Restated Declaration of Covenants, Conditions and Restrictions, Dated October 22, 2013, as further amended (collectively, the “Amended Declaration”). The Amended Declaration establishes a five (5) member Architectural Review Committee (ARC) with the oversight and jurisdiction over all construction activities in the Community. The 2023-2024 Community volunteers serving ARC are:

• Members: Barry Bogdan, David Briggs (Co-Chair), Paul Kaplan, Craig Schwartz (C-Chair), and Barry Slevin (Board Liaison to ARC)
• Alternates – Neal Bien and Joyce Condry

All inquiries for ARC should be emailed to PineBayARC@gmail.com.

ARC is charged with the enhancement and preservation of the values of all properties in the Community through application of the provisions of Article IV of the Amended Declaration that pertain to Construction Activities, and has the authority to withhold its approval of any proposed new improvements or proposed alterations to any existing improvements that it deems are not suitable or desirable in its reasonable judgment. ARC will take into consideration including, but not limited to, (a) whether the proposed work would be in harmony with the existing aesthetics of the Community, (b) the likely impact of proposed work on neighboring properties in the Community; (c) whether design, materials and quality of the proposed work would meet the high residential standards of the Community; (d) conformity with ARC’s understanding of the restrictions set forth in the Amended Declaration; (e) the maintenance and potential appreciation in property values in the Community; and (f) the likely impact of proposed work upon such other factors that in its reasonable judgment affect the desirability or suitability of proposed Improvements or proposed alterations to existing Improvements in the Community.

An Owner is encouraged to consult with the Chair (or a Co-Chair) of ARC concerning whether or not a proposed project requires prior written approval by ARC. An Owner may request a consultation with the Chair (or a Co-Chair) of ARC by writing to PineBayARC@gmail.com with a brief summary of the proposed project and the rationale for engagement (e.g., seeking ARC’s interpretation of a provision in the Amended Declaration and its applicability to the proposed project) prior to submitting an application to ARC.

Construction Activities that require an approval from ARC include, but are not necessarily limited to, the following project types, the description of which can be found  in the Glossary of Defined Terms Approved by ARC for Use in Exercising its Jurisdiction Under Article II, Clause E of the Amended Declaration (the “Glossary”):

• Major Landscaping Project
• Major Renovation Construction
• Minor Project
• New Dwelling Construction
• Tree Removal

ARC has developed an application for each of these project types, with each application being found in the ARC section of the Pine Bay website as described below. These applications may be amended from time-to-time to respond to ARC’s ongoing experience in administering them, and new applications may be developed to serve the needs of the Community.

None of the covered Construction Activities may be commenced without the Owner first receiving ARC’s prior written approval.

General Notes

• Tree Removal. Any proposed tree removal must be either Verified or Approved by ARC in advance of its removal.
• Site and Building Requirements. Owners, architects, builders, and contractors should review the Amended Declaration and the Glossary before plans for any Improvements are developed as Pine Bay’s unique site and building requirements are more stringent in some cases than Sussex County site and building requirements. Receipt of an ARC Approval of plans for a proposed project in no way indicates that applicable federal, state, or local authorities (e.g., Sussex County) will approve these plans or that these plans comply with applicable federal, state, or local law; conversely, approval of these plans by applicable federal, state, or local authorities in no way indicates that an ARC Approval  would be given for these plans. Implementation of any plan for Improvements may not begin until both required federal, state, or local approvals, as applicable, and ARC Approval, as applicable, have been received by an Owner.
• Lot Setback/Easement Restrictions. All projects must comply with setback requirements for Structures as established in the Amended Declaration or specified in the Subdivision Plat, the more restrictive setback requirement being applicable as to any specific setback. Also, every Lot in the Community is subject to utility and drainage easements of ten (10) feet in width along all Lot boundaries (Article V, Section 1b of the Amended Declaration). Notwithstanding any Approval that may have been issued by ARC, an Owner assumes the risk for any Improvements installed in an easement area. Should it ever become necessary for Pine Bay Homeowners Association or utility providers to undertake work in such easements, the cost of removal and replacement of such Improvements is the responsibility of the Owner.
• Use of Pine Bay Common Areas
  • Swales and lands adjacent to the paved roadway of the Community are part of Pine Bay Common Areas and cannot be modified without the prior approval of the Pine Bay Board of Directors.
  • To protect Common Area swales and utilities zones, and to minimize drainage disruption and soiling of Community roadways, a Lot access culvert and entranceway surfaced with gravel shall be installed prior to the beginning of Lot clearing for construction of any Improvements.
  • Where Construction Activities damage, stain or leave debris on Community Common Areas including roadways, an Owner or its contractor shall be responsible for repairing such damage, addressing the stain or removing the debris from those Common Areas.
  • Except for the parking of vehicles on the Common Area swales and lawn directly fronting on the Lot where a project is taking place, parking vehicles, even on a temporary basis, in and on the Common Area swales and lawn along the street is prohibited during the duration of such project. Any damage done to any Pine Bay Common Area because of the Construction Activities shall be repaired by the Owner at the Owner’s cost and expense.
• Allocation of Responsibility for Any Assessed Fines. It is recommended that each Owner include provisions in their contracts with architects, builders, and contractors making those parties responsible for any fines assessed or damage caused by their activities on a Lot or on Pine Bay Common Areas. Builders and contractors are responsible for ensuring that their subcontractors are aware of and comply with the Community’s construction hours and other restrictions otherwise applicable to undertaking work in the Community.
• Duration of an ARC Approval. An ARC Approval expires one (1) year after the date that an Owner is advised of an ARC Approval of an Owner’s proposed project, unless, prior to the expiration of the ARC Approval, the work on the proposed project that was approved by ARC in the ARC Approval has commenced. A one-time one (1) year extension may be granted upon request to ARC to accommodate unexpected delays in the commencement of the ARC approved work.
• Modification of ARC Approved Plans. After ARC Approval of a project is given, should the Owner desire to make, or is required by Sussex County to make, any changes to its plan, any such changes must be submitted to ARC for a determination as to whether a modified ARC Approval will be required. No changes to ARC approved plans may be implemented until any further ARC Approval has been received.
• Construction Activities, whether by an Owner or a contractor, may only be carried out in the Community during the construction hours specified in Section 7 of Article IV of the Amended Declaration.

Resources

Amended and Restated Declaration of Covenants, Conditions and Restrictions, dated October 22, 2013, as further amended

Glossary of Defined Terms Approved by the Architectural Review Committee for Use in Exercising its Jurisdiction Under Article II, Clause E of the Amended Declaration

The Subdivision Plat for Pine Bay – Section of Country Manor, dated July 1991, as subsequently amended

Pine Bay Homeowners Association Tree Policy and Guidelines

New Dwelling Construction

In the Community, a “Dwelling” is “a Building on a Lot with one or more rooms designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within for the exclusive use of a single family maintaining a household.

Prior to commencing construction of a new Dwelling on a vacant Lot in Pine Bay, or construction of a replacement Dwelling on an existing improved Lot in Pine Bay, an Owner (including any investment entity, builder, or contractor) shall complete a New Dwelling Construction Approval Application (NDCAA) and submit it together with the applicable submittals to ARC, in accordance with the Instructions of the NDCAA package. The NDCAA package can be found in the ARC Section of the Pine Bay website: https://pinebay.net.

Major Renovation Construction

In the Community, a “Major Renovation” is “a project expanding the footprint of a Dwelling, including any Attached Outbuilding, or a project where more than 20 percent of the interior area of the Dwelling, including any Attached Outbuilding, is undergoing reconfiguration or major upgrade, and in either case, in order to undertake the project temporary exterior bathroom facilities are to be located on the Lot, heavy duty construction equipment would be required, and/or multiple deliveries of materials, supplies and equipment to the Lot over the roadways of the Common Areas would be involved.”

Prior to commencing a Major Renovation, an Owner (including any investment entity or builder/contractor) shall complete a Major Renovation Construction Approval Application (“MRCAA”) and submit it together with the applicable submittals to ARC, in accordance with the Instructions of the MRCAA package, requesting ARC’s approval of the proposed Major Renovation. The MRCAA package can be found in the ARC Section of the Pine Bay website: https://pinebay.net.

Minor Project

In the Community, all Improvements of a fixed or permanent nature that affect the Lot coverage footprint or would change the external appearance of the Property are subject to review and approval by ARC. These include, but are not limited to: fences, decks, porches, showers, patios, solar arrays, wind turbines, antennas, emergency generators, railings, steps, driveways, hardscaping, fireplaces, outdoor grills/kitchens/bars, pergolas, walls, free-standing exterior lighting, in-ground pools, playground equipment, storage units, dog houses, trash receptacle enclosures, above ground fuel tanks, HVAC units, compost bins, trellises, flag poles, statues, ponds, fountains and any other Improvements considered of a fixed or permanent nature, including any proposed grading and fill of a Lot if not part of a New Dwelling project, a Major Renovation project, or a Major Landscaping project.

Prior to commencing a Minor Project, an Owner (including any investment entity,  builder, or contractor) shall complete a Minor Project Approval Application (“MPAA”) and submit it together with the applicable submittals to ARC, in accordance with the Instructions of the MPAA package, requesting ARC’s approval of the proposed Minor Project. The MPAA package can be found in the ARC Section of the Pine Bay website: https://pinebay.net.

Major Landscaping Project

In the Community, a “Major Landscaping Project” is the “implementation, whether concurrently or sequentially, of Landscaping for a New Dwelling or any appreciable modification of or addition to the existing Landscaping of Lot, but specifically excluding replacement in kind of dead, dying, diseased or overgrown plantings within the footprint of existing beds on a Lot, or replacement in kind of hardscape elements on a Lot within the existing footprint of those hardscape elements. For the purpose of determining whether a proposed modification or addition to any existing Landscaping of a Lot would be considered by ARC to be a Major Landscaping Project, the term “appreciable” means “of sufficient scope as could be expected to be a readily observable change to the Landscaping of a Lot from a Pine Bay Common Area or an adjacent neighbor’s Property.”

Prior to commencing a Major Landscaping project, an Owner (including any investment entity or builder/contractor) shall complete a Major Landscaping Construction Approval Application (“MLPAA”) and submit it together with the applicable submittals to ARC, in accordance with the Instructions of the MLPAA package, requesting ARC’s approval of the proposed Major Renovation. The MLPAA package can be found in the ARC Section of the Pine Bay website: https://pinebay.net.

Tree Removal Request

In accordance with the adopted Pine Bay Homeowners Association Tree Policy and Guidelines, before any tree is to be removed by an Owner from the Owner’s Lot, a Tree Removal Request Application (“TRRA”) must be submitted to ARC, unless advised otherwise after consultation with the Chair or a Co-Chair of ARC. The TRRA package can be found in the ARC Section of the Pine Bay website: https://pinebay.net.

Note:

• An Owner should also refer to the Pine Bay Tree Policy to obtain further guidance relating to:
  • Tree Replacement Requirements
  • Tree Replacement Plans
  • Certified Arborist Reports
  • Factors Taken into Consideration for Tree Removals
  • ARC Submission, Actions, and Timelines
  • Recommended, Problematic, and Banned Trees
  • Tree Protection Plans
  • General Tree Care and Husbandry