Fencing

Only fencing that conforms to the requirements of a Board of Directors or EPCOM [ARC] Standing Resolution shall be permitted. In general, fencing is permitted in any yard if the fencing conforms to the performance standards of a duly adopted standing resolution: pertaining to fencing.

Standing Resolution - Fencing in Back Creek Landing

(April 14, 2003)

THE UNDERSIGNED, being the Chairman of the Back Creek Landing Community Service Association (CSA) Environmental Preservation Committee (EPCOM) confirms that the EPCOM, by unanimous vote, has exercised the powers residing in it by Section 11 of Article VII of the duly adapted By-Laws of the CSA to establish this Resolution of the EPCOM pertaining to fencing on lots within the CSA as follows:

1. All actions taken herein are taken by the written consent of the Architectural and Environmental Preservation Committee as authorized by the provisions of Section 11 of Article VII of the duly adopted By-Laws of the Association.
2. For all lots in or to be annexed into the CSA this resolution is hereby adopted and amended with respect to fencing installed on or after the effective date of the Resolution within the community known as Back Creek Landing at St Michaels in Talbot County, Maryland:
   1. No side or rear yard fencing may be located closer to the front yard than the front corner of each side of the house on the lot where the fence is to be installed and shall not project beyond the closest front corner of the adjoining home. Except as to 6-foot partial screen fencing installed initially by Declarant or otherwise permitted in the rear lot of homes, no rear or side yard fence shall exceed four (4) feet in height. Fence height is the measurement from ground surface to top of fence extending between posts. The height of fencing posts shall not exceed fence height by more than 6 inches.
   2. No rear or side-yard fence shall exceed four (4) feet in height with the following exception:
      1. 6-foot partial screen fencing installed initially by the Declarant.
   3. Fencing up to 6 foot in height may be extended for a length of twelve (12) feet straight back from rear corner of each house in a direction parallel to each side wall of the home before transitioning down to 48 inches or lower height within the next 6-foot horizontal length of fence.
   4. Rear or side yard fence types approved for installation are of the following styles, with limitations as to height, if any, as noted herein and above:
      • Picket
      • Split rail (4 feet height max) with or without wire mesh backing
      • Double or triple rail fence (4 feet height, max)
      • Flat board
      • Alternating board
      • Board and Batt
   5. Front yard fencing located forward of the front corners of the home shall not exceed three (3) feet in height and may be extended to the lot boundaries. Fence type approved for front yard installation are as follows:
      • Picket (any style top cap)
      • Double rail, with or without welded wire mesh (welded wired mesh shall not extend above top rail)
   6. Except as prescribed by sub-paragraph (g) below, fencing may be either:
      • Left to weather
      • Painted white, black, dark grey or graphite green
   7. All fencing installed shall be maintained in good repair and appearance. If not maintained, the CSA shall have the right to maintain or repair such fencing at the expense of the homeowner.
   8. For any home having a side or rear lot line which adjoins the road right-of-way for Back Creek Landing Drive or which is contiguous to common open space that adjoins the afore listed road, the homeowner shall be responsible for maintaining, repairing or replacing such fence line with the same fence type as installed by Declarant. The homeowner shall have the option of causing such fencing to be removed, but may not replace the fence with fence of a different type, height, material or style than was installed initially by the Declarant.
   1. Application to the Architectural and Environmental Preservation Committee pursuant to Article VII shall not be required with respect to fences constructed upon lots within the CSA in conformity with the guidelines set forth in these Resolutions. The Board of Directors and the Architectural and Environmental Preservation Committee may grant specific expectations to or variances from the guidelines established in the Resolutions for reasons related to unusual topographic or other site conditions or for other good cause shown: provided, however, that all such expectations and variances shall be subject to the procedure for application provided for in Article VII of the Declaration.
   2. RESOLVED FURTHER, that the officers of this Association be, And they are hereby authorized to execute any and all further documents and to take such other actions as they may deem necessary or advisable, from time to time, in order to carry out and perform the purposes of foregoing Resolutions.
3. The Secretary of the Association is hereby directed to accept this writing signed by the Chairman of the Environmental Preservation Committee and to place the same in the Book of Minutes of the Meetings of the Board of Directors of the Association as evidence of the actions taken herein by the written consent of the Environmental Preservation Committee.

Originally adopted on April 14^th , 2003

ENVIRONMENTAL PRESERVATION COMMITTEE

Signature by Chairman, D. Stephen Seawright