8/15/2015 
Heritage Hills HOA Rules and Regulations - Xeriscape Policy

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HERITAGE HILLS HOMEOWNERS ASSOCIATION XERISCAPE AND DROUGHT-TOLERANT VEGETATIVE LANDSCAPES POLICY

The following Xeriscape and Drought-Tolerant Vegetative Landscapes Policy was adopted by the Board of Directors of the Heritage Hills Homeowners Association ("Association"), at a regular meeting of the Board of Directors.

Effective Date: 7-28-15

NOW, THEREFORE, IT IS RESOLVED that the Association does hereby adopt the following Xeriscape and Drought-Tolerant Vegetative Landscapes Policy:

Purpose

1. The purpose of this Policy is to adopt design guidelines, aesthetic guidelines, and rules that regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on an Owner's Unit or property for which the Owner is responsible, pursuant to
C.R.S. §§38-33.3-106.S(i) and 37-60-126(11). The purpose of this Policy is not to prohibit or limit xeriscape, prohibit or limit the installation or use of drought-tolerant vegetative landscapes, or require cultivated vegetation to consist wholly or partially of turf grass.

Definitions

2. "Turf ' means a covering of mowed vegetation, usually turf grass, growing intimately with an upper soil stratum of intermingled roots and stems.

3. "Turf grass" means continuous plant coverage consisting of nonnative grasses or grasses that have not been hybridized for arid conditions which, when regularly mowed, form a dense growth of leaf blades and roots.

4. "Xeriscape" means the application of the principles of landscape planning and design, soil analysis and improvement, appropriate plant selection, limitation of turf area, use of mulches, irrigation efficiency, and appropriate maintenance that results in water use efficiency and water-saving practices.

Water Use Restrictions

5. This Policy shall not require that an Owner water in violation of water use restrictions declared by the jurisdiction in which the Association is located, in which case the Owner shall water his or her landscaping appropriately but not in excess of any watering restrictions imposed by the water provider for the Association.

Dead Or Dormant Turf Grass Due To Insufficient Watering

6. If the existing turf grass of a Unit is dead or dormant due to insufficient watering, the Owner shall be allowed a reasonable and practical opportunity, as defined by the Association's Board, with consideration of applicable local growing seasons or practical limitations, to reseed and revive turf grass before being required to replace it with new sod. If the Owner fails to reseed and revive the turf grass within the prescribed time, the Association may require the Owner to replace the turf grass with new sod.

Design And Aesthetic Guidelines Regulating The Type, Number, And Placement Of Drought­ Tolerant Plantings And Hardscapes That Ma v Be Installed

7. The approval of the Association's Design Review Committee shall be required for any xeriscape, installation of drought-tolerant plantings, or installation of hardscapes on Units prior to any commencement of work to accomplish any proposed xeriscape, installation of drought­ tolerant plantings, or installation of hardscapes, in the same manner as set forth in Article 4 of the Declaration of Covenants, Conditions and Restrictions for Heritage Hills Homeowners. Landscaping design plans that include xeriscape, installation of drought-tolerant plantings, or installation of hardscapes shall not be subject to any additional approval requirements or burdens that are not required for the approval of non-xeriscape landscaping design plans.

8. An Owner should consider grasses, ground cover plants, trees, and shrubs set forth on the following Fact Sheets provided by the Colorado State University:

a. Ornamental Grasses (http://www.ext.colostate.edu/pubs/garden/07232.pdf)
b. Xeriscaping: Ground Cover Plants (http://www.ext.colostate.edu/pubs/garden/07230.pdf
c. Xeriscaping: Trees and Shrubs
(http://www.ext.colostate.edu/pubs/garden/O7229.pdf

9. All xeriscape areas of Units shall be a minimum of eighty-five (85%) plant material at maturity.

10. Lightweight materials, such as but not limited to bark or mulch, shall not be used in areas unshielded from high winds. Loose gravel shall not be used in areas abutting streets or sidewalks, unless the gravel is larger than two inches (2") in diameter.

11. All planter beds shall be covered with a minimum depth of three inches (3") of rock or wood mulch.

12. Marble chips, volcanic rock, or high contrast mulch or stone materials, including but not limited to red, green, white, and black, shall not be allowed. Natural earth tone mulch and stone material, such as but not limited to washed river rock, may be used. Chipped concrete, pea gravel, and rock under three-quarters of an inch (3/4") shall not be allowed.

13. Artificial turf shall be prohibited on Unit front yards, side yards, or rear yards where visible from the street(s) adjacent to the Unit.

14. This Policy shall replace and supersede all previous policies, rules, and regulations regarding the subject matter of this Policy.

15. If a Court finds that any portions of this Policy unenforceable, the Court shall reform this policy to the least extent necessary to give effect to the intent of this Policy. In such event, all remaining portions of this Policy shall remain in force and effect.

The undersigned hereby certifies that the foregoing Xeriscape and Drought-Tolerant Vegetative Landscapes Policy was adopted and made a part of the minutes of the meeting of the Board of Directors of the Association conducted on the 28th day of July, 20J5.

HERITAGE HILLS HOMEOWNERS ASSOCIATION

 

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