ARCHITECTURAL CONTROL COMMITTEE

All Sandia Heights Covenants contain the following paragraph which sets forth, in general, the scope of the ACC’s authority and its responsibility to interpret the specifics of the covenants.

 “THE COMMITTEE SHALL…..DISAPPROVE PLANS AND SPECIFICATIONS…..IF A DESIGN OR COLOR SCHEME IN THE PROPOSED STRUCTURE IS NOT IN HARMONY WITH THE GENERAL SURROUNDINGS OF SUCH LOT OR THE ADJACENT STRUCTURE, OR IF THE STRUCTURE SHALL UNDULY INTERFERE WITH THE VIEW FROM NEARBY RESIDENCES……, OR IF THE COMMITTEE DEEMS SAID PLANS AND SPECIFICATIONS TO BE CONTRARY TO THE SPIRIT AND INTENT OF THESE RESTRICTIVE COVENANTS OR CONTRARY TO THE INTEREST AND THE WELFARE AND RIGHTS OF ALL OR ANY PART OF”…. SANDIA HEIGHTS.

The restrictions placed upon the development of property in Sandia heights are for the benefit of each and every landowner. They set standards that help to create the unique qualities of the subdivision and protect the value of everyone’s property. The following are among the more central goals of the covenant restrictions:

 ·         To minimally impact the land during construction and to restore the land to its former    state upon completion.

·         To preserve open space by restricting landscaping, including walls and fences, to areas adjacent to buildings.

·         To limit building height and vegetation so as to preserve views and minimize any undue obstruction of views.

·         To build using materials, colors, and forms that are in harmony with their surroundings.

 THE ARCHITECTURAL CONTROL PROCESS

Before anyone shall begin any new construction, additions, remodels, landscaping, and other exterior changes to their property they shall submit an application and supporting documentation to the SHHA Architectural Control Committee for approval. This includes houses, walls and fences, detached buildings, landscaping, pools, re-roofing, re-stuccoing, re-windowing, driveway paving/repaving, antennas, HVAC, and solar panels, etc.  No work is to begin on such projects until written approval is received.   

All property owners are charged with knowledge of the provisions of the covenants for their unit.  All applications shall be prepared in accordance with the covenants and the ACC’s Design Guidelines. Care should be taken to see that the application is fully completed and supported by the required documentation.

To obtain an application and instructions for submitting plans for architectural review, you may download the form and guidelines from our website at www.sandiahomeowners.org or contact the SHHA office at 797-7793. Please note that an application fee may be required if you are not a member of the SHHA.

 COVENANT RESTRICTIONS

Taken together, the covenants for all units share a great deal in common as well as certain restrictions that are unique or shared by only a few units. The ACC enforces the spirit and intent of the covenants as revealed by all of the covenants taken together and applies it uniformly to all units. The ACC has prepared a series of Design Guidelines covering some of the more common covenant requirements. Where the covenants for a specific unit include specific unique prohibitions, those prohibitions take precedence over the Design Guidelines and are enforced accordingly by the ACC.

Please review the Declarations of Restrictions for your Unit and then follow the ACC’s Design Guidelines as provided herein.

 GENERAL RESTRICTIONS

 The following restrictions apply in general to all units:

1.      Setbacks establish the minimum areas of open space.  Generally, the requirements are 45 feet from any lot line bordering on a street and 15 feet from side and rear lot lines.  Different setbacks are established for certain units.

2.      Native vegetation is to be left undisturbed where practical and restored if disturbed.

3.      Building height is restricted to no more than 26’ and full two-story structures are prohibited.  Restrictions are tighter in certain units.

4.      Areas enclosed by walls and fences must be adjacent to buildings and kept at a minimum in order to retain the maximum open space. 

5.      The style or design of residences must be in harmony with their surroundings.  Generally, that which is harmonious is that which tends to blend into the natural terrain and vegetation, mimicking the colors and shapes of the landscape. Structures that blend with their surroundings are acceptable, those that stand out from their surroundings are not.

6.      Exterior lighting must conform to the Bernalillo County light pollution ordinance.

 PROHIBITED FEATURES AND SPECIFICATIONS

 The following is prohibited:

1.      White or light colored siding.

2.      White or light colored roofs and high-gloss roofs.

3.      Colors, textures, materials, and finishes not in harmony with the natural landscape. 

4.      Unscreened equipment such as heating and cooling equipment, propane tanks, antennas, etc.

5.      Non-drought-tolerant lawns exceeding 500 square feet.

6.      Translucent or transparent garage doors.

7.      Grouping of vegetation to form a screen.

8.      Trees that can be expected to grow to a height greater than 26 feet at maturity and Chinese elms, Cotton-bearing Cottonwoods, Russian Olive, Tamarisk (Salt Cedar), Siberian Elm, Box Elder Willow, Tree of Heaven, Silver Maple, Lombardy Poplar, Ponderosa Pine, Mulberry and Bermuda grass.

9.      Signage not in compliance with the relevant restrictions.

10.  Undue obstruction of views.

11.  Disturbance to arroyos and diversion of surface water runoff out of established courses.

12.  Antennae that extend more than five feet (5') above the building roof.

13.  Unscreened TV satellite dish antennas greater than one (1) meter in diameter.

14.  Storage sheds.

15.  Walls or fences higher than six feet (6').

16.  Unfenced swimming pools.

17.  Wire, chain link, plastic, or vinyl fences or unfinished concrete block walls.

18.  Residences smaller than the applicable covenant minimum.

CONSTRUCTION

The ACC suggests that an application for a preliminary approval be submitted to the ACC, particularly for new construction and major addition projects, at the earliest possible point in the design process. Typically this would be at the completion of a schematic design and before preparation of detailed design or construction drawings. This will make it possible to correct any compliance problems before incurring further cost.

Depending upon the nature of the project, the ACC may conduct a Neighborhood Review and call for a Neighborhood Review Meeting as part of its review process.

The ACC will exercise due diligence in processing applications and strive to render a decision within 30 days of receipt of complete applications. The ACC may extend the normal 30-day response time, at its sole discretion, if such extension is deemed necessary by it to render a fully informed decision.

Note: All proposed projects must comply with generally accepted standards for custom or luxury construction and must be in compliance with Bernalillo County ordinances and standards. Soundness of structure and durability of materials will be considered.

LANDSCAPING

Sandia Heights is based on an open space concept where the natural landscaping is of great importance. Natural vegetation that is disturbed during construction or other improvements must be replanted and restored to its natural state. Planting drought-tolerant grasses such as grama or buffalo grass is appropriate for this purpose. Freestanding walls and fences, trees, and exotic plantings are restricted to areas adjacent to houses. Property line setbacks are meant to preserve view corridors and landscaping in these areas is subject to specific restrictions. Please refer to your unit covenant, and the ACC Design guideline for Walls and Fences and the ACC Design guideline for Landscaping. Copies of these documents are available at the SHHA office, 2-B San Rafael NW (located just to the east of the Quail Run Shopping Center) or they can be downloaded from the SHHA website: http://www.sandiahomeowners.org.

Landscaping projects that include significant changes to the appearance of your property are subject to application, and approval by, the ACC. All projects that include free-standing walls and fences, retaining walls, planting of trees, and restoration of land disturbed by construction must be approved by the ACC prior to the start of work.

Please consider the potential for view obstruction by vegetation when planning your projects. The ACC will not approve the planting of tree species that can be expected to grow higher than 26 feet at maturity. Siberian elms are considered to be a highly invasive weed and should be removed as soon as the seedlings appear. Please be a good neighbor and take a look at trees that you or a previous owner might have planted and, it they are obstructing your neighbor’s views, consider pruning or removal.

Residents are required to keep their properties clear of dead/trees/vegetation. Chamisa is not part of Sandia Height’s natural vegetation. It is an opportunistic plant that has invaded land disturbed by the construction of roads, driveways, houses and septic systems, and where the native vegetation such as grama or buffalo grass was not restored. Chamisa can become a driving-safety hazard by restricting driver visibility if it is allowed to intrude into our roads. It can also constitute a fire hazard that can be easily ignited and burns with great heat and rapidity. Please consider maintenance measures to control these dangers to our community.