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Extracted directly from Documents and Governing Policies files
Article 4
The Owner is responsible for initiating the review process by filling out the appropriate application, paying the required fees, and posting a compliance deposit.
Section 4.01 Application Specifications
All plans and specifications should be prepared in a professional manner. An Architect and/or Residential Designer is not required, however, is recommended for better results. The application specified for each project will indicate which items are required to create a complete application. Each item must meet the ACC application standards as follows:
a. Site Plan - A scaled site plan showing property dimensions, building setbacks, easements, and the location of all proposed structures, driveways, walks, patios, bulkheads, boathouses, piers, culverts, and all other proposed improvements.
i. For new projects, it is required that the Surveyor's corner pins of the property are staked, and the corners of the proposed foundation are staked prior to the review process. If the corner pins cannot be found, a new survey will be required.
ii. No part of the structure, driveway, or building pad is allowed to encroach on the building setback lines or easements as notated in the recorded plats and RRC. Some exceptions are air conditioning units, roof eaves, driveways, and/or structures located on a Lake Livingston Lot crossing the setback lines or easements. The building setbacks are located on the sides, front, and in some sections, the rear of the property.
iii. Utility Companies may allow encroachment of decks, sidewalks, stairs, patios, etc. on their easements, but a release of easement is required to be submitted prior to receiving written approval from the ACC. If releases are not received in time to issue approval in compliance with the RRC, the application will be denied.
iv. A form survey is required and must be turned in to the Association administrative office in order to receive the appropriate permit as outlined in Article 4 (m) prior to the pouring of any foundation material.
b. Floor Plans - Drawn at readable scale (i.e., 1/8” = 1’ 0”, ¼” = 1’ 0”, etc.}, showing pertinent information required for constructing the improvements. The floor plan shall clearly indicate the total square footage of all structures and levels including any decks, patios, garages and/or carports, etc. This square footage is not limited to that provided with HVAC.
c. Elevations - Minimum of four (4) drawn at a readable scale (i.e., 1/8” = 1’ 0”, ¼” = 1’ 0”, etc.) showing pertinent information to explain the design and materials of the proposed structure.
d. Foundation Plans - A plan and details are required showing the type of foundation to be constructed for the proposed structure.
e. Specifications- Outline Specifications indicating materials of construction, color schemes, and any other information that will help to explain the exterior design features of the proposed structures (by way of illustration but not limitation: Tan stucco and dark brown cultured stone}. These specifications may be included as notes on the floor plans or elevations. Examples must be provided.
f. Release of Easement - An executed release of easement is required from the WS MUD on ALL ACC applications. Additional releases may be required from additional utility providers in the event a utility easement or adjoining property line is encroached upon. A release of easement is required to be submitted prior to receiving written approval from the ACC. If releases are not received in time to issue approval in compliance with the RRC, the application will be denied.
g. The Owner may download the applicable forms and copies of governing documents on the Association website or come to the Association administrative offices for hard copies.
h. An application is not deemed complete unless filled out in its entirety with all necessary documentation attached and all fees and deposits paid. At the time of submission, the application must be dated and signed as a completed application by the Association administrative office and submitted for review at the next ACC meeting.
i. Incomplete applications will not be accepted.
j. All applications requiring connections to sewer and water must be approved by the WS MUD in addition to ACC approval prior to commencing construction. The Owner is responsible for checking with the WS MUD concerning additional requirements (i.e., check valves, connections fees, etc.).
k. All applications requiring culvert installation must be approved and signed by the WS POA Maintenance Supervisor prior to ACC review process.
l. Bulkheads, boathouses, piers, and other structures may require permits from the Trinity River Authority (TRA) and/or the Corp of Engineers in addition to ACC approval prior to commencing construction.
m. The Owner is responsible for checking their applicable Deed Restrictions and recorded policies for specific requirements that may affect the proposed project. Office staff is not qualified to offer an opinion or interpretation of said documents. If the Owner has questions concerning their project prior to submission, they should attend the next ACC meeting in order to ask questions and gain clarification. Please note that no written approvals may be granted prior to the completion and submission of all required documents and fees. Additionally, applications will not be accepted on property that is not currently owned by the applicant.
n. First-time contractors, Owners, or builders in the subdivision are encouraged to schedule a meeting with the ACC Chair or management to discuss the ACC policies and answer any questions regarding construction in the subdivision.
o. The ACC meets on the 2nd Monday of each month (subject to change). At that time the committee reviews the plan in detail.
p. All applications should be submitted by 5 pm the Wednesday prior to the meeting.
Section 4.02 Project Procedure
a. Any ACC application submitted after the start of the project and prior to ACC approval, shall be fined and then shall submit their deposit.
b. When the ACC has approved the plan, the Owner is notified by letter. The letter states what has been approved and any stipulations of such approval. Notification is also given that any changes to the approved plan must be resubmitted to the ACC for further approval. If changes are made to the original plans submitted, a Change Request must be submitted to the Association office and reviewed by the ACC prior to their implementation. All change requests will be reviewed on a priority basis according to their content.
c. A three-phase inspection (foundation, pre-drywall, and final) is required for all new home construction at the sole cost of the Owner and copies must be provided to the office for inclusion in their property file before compliance deposits will be refunded. Inspections must be conducted by a state-licensed inspector.
d. Construction Permits: A permit is issued upon approval of all applications where construction will take place. This permit must be displayed on the construction site in a location easily seen from the roadway and must remain posted until the project is complete. Completion is defined in section 4e.
i. Green Permit: This permit is issued if no further documentation or stipulations must be met, and construction is approved to commence up to the point of completion.
ii. Yellow Permit: This permit indicates that a form survey is required prior to the pouring or building of any foundation.
iii. Red Tag: This tag is issued in cases where construction must cease and desist due to failure to comply with the requirements of the Association and is accompanied by an initial deduction of $100. Failure to cease and desist will result in a daily deduction of $25 for each day construction continues. All sums will be deducted from the Owner's compliance deposit. Contractors and all employees, sub-contractors, and suppliers will be denied access to the Subdivision until the Association administrative office has been contacted and arrangements to correct the violation made. The cease and desist shall be delivered to the Owner, if available, or any agent or contractor with apparent authority to accept same, and such notice shall be binding on the Owner as if actually delivered to the Owner. Hand delivery of the cease-and-desist order shall be followed by written notice to the Owner. When management is notified by the Owner or contractor and observes that the violation(s) are corrected and the total sum owed is deducted from the refundable compliance deposit or separate payment, the Red Tag is removed. All ACC members are notified by e-mail by management regarding each step in a Red Tag issuance. If the Owner or contractor wants to contest the Red Tag violation, the appeal can be made to the full ACC. A Red Tag may be issued under the following circumstances:
1. The ACC determines that construction constitutes a major deviation from approved plans.
2. Beginning construction without a portable toilet or placement of a portable toilet outside the lot lines of the property on New Home Construction.
3. Beginning construction, defined as the delivery of any material to the job site, without a dumpster or other permissible means of debris disposal/storage as permitted by the ACC.
4. Conducting construction without a posted construction permit.
5. Violation of site requirements as defined in Article 5.
6. Beginning construction or improvement that alters the exterior appearance of a property without prior approval of the ACC.
e. The Owner is responsible for providing a list of contractors to the Access Gate (or to call the Access Gate on the day of their arrival) to ensure those authorized are permitted entry to the subdivision or add them to the Gate Sentry app.
f. When the Owner notifies the Association management that the construction is complete, the site is inspected for cleanliness and road easement or adjoining property damage. In the event that damage occurs and is not corrected by the Owner or his/her contractor, the Owner will be responsible for the full cost of the required correction or cleanup. This cost will be deducted from the compliance deposit and should the cost exceed the held deposit, the remaining amount will be billed to the Owner and paid in full prior to owner occupancy. Project completion shall include the following:
i. The exterior of the home is complete and aesthetically pleasing.
ii. WATER, SEWER, and ELECTRICAL service must be functional within the house
iii. The driveway, if the project is new construction, is complete
iv. Removal of all the following items:
1. Temporary power pole
2. Portable toilet
3. Trash receptacle
4. All building materials, construction tools and scraps
5. Construction vehicles including trailers and dumpsters
6. Property must be cleared of dead trees and branches
7. Piles of fill dirt and brush
g. ALL MAJOR PROJECTS AND ALL NEW HOME CONSTRUCTION MUST BE COMPLETED WITHIN 9 MONTHS OF THE APPROVAL OF THE APPLICATION. Should an extension for extenuating circumstances be required, the application may be made to the ACC. Extensions shall be 3 months.
h. ALL MINOR PROJECTS MUST BE COMPLETED WITHIN 6 MONTHS OF THE APPROVAL OF THE APPLICATION. Should an extension for extenuating circumstances be required, the application may be made to the ACC. Extensions shall be 3 months.
i. The ACC shall review the continuing process and report to the Association Management any abandonment. Abandonment shall be defined as the exterior of the house not being completed after 12 months and 1 day. The determination of abandonment is at the sole discretion of the ACC and the Association Board. Additionally, the builder will not be approved for any other project(s) until the abandoned project has been completed.
j. New home construction completion must include submission of the completed three-phase inspection and Certificate of Occupancy to the POA Office. Major and minor projects must submit photographs of the finished project to the Association Management for refund.
Excerpt: ACC POLICY MANUAL SIXTH EDITION [Adopted 03/24/2025]