Landscape Policy

DUNROY LANDSCAPE POLICY
The purpose of this Policy is to maintain the beauty, appearance and value of the neighborhood.
Section A: Homeowner Rights and Responsibilities
There are two distinct areas in Dunroy: the Custom (or acre) lots and the Manor Homes. Custom
Homeowners own their entire property, a condition with a long tradition of legal precedent.
Manor Homeowners, on the other hand, own only the land under the footprint of their homes.
The property outside the footprint of the homes in each of the manor home areas belongs to the
Association as common property. However, each homeowner has a proprietary concern for the
landscaping closest to his or her home. The following will define the general limits of the rights
and responsibilities with respect to individual manor homeowners, their neighbors and the
Association as a whole.
In order to alter the landscape in any way, as by the planting or removal of any tree, shrub or
other plant or by changing the grading by means of terracing, retaining walls or the like, on the
land in one of the manor home areas, the homeowner must first establish a “prevailing interest”
in that particular location by verifying that the subject land falls within one of the following three
criteria:
1. A front yard extending from the front of the house to the street.
2. A rear yard extending from the back of the house to a depth of 75 feet or to the boundary
of the adjacent “Common Area” (as designated on the “Plat of Survey of ‘Dunroy on
Rutledge’ Revision 2,” dated May 5th, 2003, on file at the Henderson County Register of
Deeds), whichever is closer.
3. A side yard adjacent to another homeowner shall be subject to a rule of thirds as follows:
the strip of land between two houses shall be divided into thirds based on the linear
distances between the closest two corners of each house. The closest one-third adjacent to
each house shall be deemed to be within that homeowner’s prevailing interest. The
middle third shall be deemed to lie within the prevailing interest of both homeowners and
any planting, removals, or other alteration in that area shall require the mutual agreement
of both.
For the purposes of the above, “front yard” and “rear yard” as used above shall be defined by
extending the lines of the outermost side wall in each direction. Corner lots shall be deemed to
have front yards on both sides facing the streets. Notwithstanding the above provisions, any land
within six feet of any driveway shall be deemed to fall within the area of prevailing interest of
the home served by that driveway.
In certain cases, where the geometry described above does not provide a clear resolution of the
matter (as, for example, in the case of overlapping areas resulting from a house having been
placed obliquely with reference to the street or a neighboring home, where terracing has been
created by retaining walls, or where a subject area is closer to a neighboring home than to the
home claiming prevailing interest), homeowners shall mutually agree on a territory that each can
claim. If agreement cannot be reached (and only then), the Board having jurisdiction shall be
consulted and will issue a ruling.2
The above “prevailing interest” criteria shall also be used to determine each homeowner’s
responsibility to provide required maintenance in compliance with the Dunroy Covenants and
beyond that provided by the Association.
Pest Control Responsibility: Generally speaking, control of most pests, both those that attack the
home and those that attack the landscape and its vegetation, is the responsibility of the individual
homeowner (custom or manor) as determined by the above parameters.
Individual Manor Home Areas may, however, continue to treat for certain specific pests as part
of regular maintenance (see below for specifics). The Board having jurisdiction may also expand
or limit these services as it deems appropriate.
If, in the opinion of the Master Board, a particular pest control issue is sufficiently pervasive,
serious and/or threatening to the community as a whole, it may choose to assume the
responsibility, in whole or in part, for controlling that particular pest on a one-time or ongoing
basis, as it deems appropriate.
Section B: Landscaping
The most appropriate natural landscaping at Dunroy on Rutledge is vegetation already there.
When grading, construction, and access activities create unavoidable disturbance, landscape
design shall restore natural areas with indigenous plants where appropriate and in other areas
establish professionally designed planting beds landscaped with plants which complement the
natural surroundings, are harmonious with the area and are part of a coherent landscape plan.
Under no circumstances shall disturbed soil be allowed to remain exposed or allowed to result in
erosion.
Any significant changes to the landscaping of any home after the date the home was originally
occupied shall be reviewed by the Dunroy Landscape Committee and approved by the Master
Board prior to the commencement of the work. “Significant changes” as used in the above
sentence shall include any of the following or similar:
1. Establishing new planting beds or increasing or decreasing the areas of mulch or grass
around the home.
2. New hedges or changes or additions to existing hedges.
3. The planting within a single one-year time span of ten or more shrubs whose full-growth
height, as described in the standard literature, can be expected to exceed 6 feet.*
4. The planting of three or more trees within a single one-year time span.*
* (Replacement shrubs or trees shall not be included in the numerical limits given for
items 3 and 4 above.)
5. The planting of any tree whose full-growth height, as described in the standard literature,
can be expected to exceed 30 feet.
6. Any alteration to grading and/or any other alteration that will contribute to erosion, either
in the immediate vicinity or anywhere downhill.
7. Landscape structures or statuary of any description, including but not limited to arbors,
trellises, gazebos, fences, walls, benches, etc. In considering the approval of such items,
the Board will give considerable weight to the placement of the item. Bird houses and3
bird feeders are specifically exempted from the above (although due consideration should
be given to our local bear population’s penchant for easy food).
8. The clear-cutting (trees and shrubs) of any area as opposed to selective thinning.
9. See also Section C below for further detailed information with respect to tree removals.
Landscape Maintenance:
Master Association Common Areas: Annual dues cover the following services provided by the
Dunroy Master Association:
1. Maintain the entry area and gazebo park lawn and planting beds.
2. Maintain all other common areas such as the hiking trail, etc.
3. Mow or otherwise maintain roadway rights-of-way that are not included in the Meadow,
Forest or Mountain Manor areas.
4. Plow snow and/or spread sand after winter storms as required on all streets in Dunroy.
5. Remove dead, dying, diseased or otherwise undesirable trees, shrubs or other vegetation
from Master Association property.
6. Remove downed trees on roads and/or the rights-of-way throughout Dunroy after storms.
7. Plant new trees, shrubs or other vegetation as may be desirable and in harmony with the
area on common areas or elsewhere as may benefit the development as a whole.
Custom Lots: Owners of Custom lots are responsible for their own lawn and landscape
maintenance. The lot owner shall be responsible for the care and maintenance of all trees and
shrubs located on the individual lot in conformance with the Dunroy Landscape Policy and the
Master Declaration of Covenants, Conditions, and Restrictions (CCR’s).
Owners of Custom lots that have not been built on are responsible for maintaining the neat
appearance of their lots:
1. No dead or fallen trees shall be prominently visible from the street..
2. Open areas that are not treed shall be mowed or otherwise cleared of brush or
undergrowth yearly before June 1.
3. If the lot Owner does not perform needed tree removal, mowing or clearing, the Board
will have the work done and bill the Owner.
Manor Lots: The Board having jurisdiction shall establish maintenance guidelines that clearly
describe what maintenance services are or are not provided by that Manor Home Area’s annual
dues. Required maintenance not covered by the Associations shall be the responsibility of the
homeowner as indicated below. The following is a summary of the current services provided in
each of the Manor Home Areas and is subject to revision based on budget constraints, special
needs, emergencies or other requirements or constraints as may be determined by the Board.
The following services are currently provided in the Meadow Manor Homes Area:
1. Maintain the front, sides, and back lawns including regular mowing, fertilization, weed,
fungus and insect control, over-seeding, aeration, etc.
2. Irrigate the front, sides, and back lawns (via an in-ground sprinkler system).
3. Blow leaves from front of homes and out of planting beds in the fall.
4. Maintain the center field common area including regular mowing.
5. Monitor the regular maintenance of vacant lots by the lot owner.4
Services not currently provided in the Meadow Manor Homes Area:
1. Maintenance of mulch or pine straw in all planting beds. Homeowners are, however,
required to maintain mulch or pine straw in all planting beds around their homes once a
year. (Mulch must be dark brown in color.)
2. Planting bed maintenance such as pruning, fertilizing, pest control and weed control. (All
beds shall be kept free from clippings which shall be disposed of properly.)
3. Landscaping projects including removal and replacement of dead plants or addition of
new plants in the planting areas.
4. Plowing or sanding of driveways after snowstorms
5. Cleanup, maintenance or repair of the areas not visible from the streets.
The following services are currently provided in the Forest Manor Homes Area:
1. Maintain front yard lawns including regular mowing, fertilization, weed, fungus and
insect control, over-seeding, etc.
2. Mulch front yard planting beds with “standard” mulch on an annual basis or as required.
(Mulch must be dark brown in color.)
3. Blow leaves from front of homes and out of planting beds in the fall.
4. Collect plant debris in the spring and fall at scheduled times only (fallen branches,
pruning, etc. collected by the residents and placed along road)
5. Mow and/or maintain common areas adjacent to the streets.
6. Monitor the regular maintenance of vacant lots by the lot owner.
Services not currently provided in the Forest Manor Homes Area:
1. Lawn maintenance for sides and rear of homes
2. Blowing of leaves from side and rear of homes
3. Mulching side and rear of homes.
4. Planting bed maintenance such as pruning, fertilizing, pest control and weed control (All
beds shall be kept free from clippings which shall be disposed of properly.)
5. Landscaping projects including removal and replacement of dead plants or addition of
new plants in the planting areas
6. Plowing or sanding of driveways after snowstorms
7. Cleanup, maintenance or repair of areas not visible from the streets.
The following services are currently provided in the Mountain Manor Homes Area:
1. Maintain front yard lawns including regular mowing, fertilization, and weed and fungus
control.
2. Blow leaves from front of homes and out of planting beds in the fall.
3. Mow and/or maintain common areas adjacent to the streets.
4. Monitor the regular maintenance of vacant lots by the lot owner.
Services not currently provided in the Mountain Manor Homes Area:
1. Lawn maintenance for sides and rear of homes
2. Blowing of leaves from side and rear of homes
3. Mulching around homes (Mulch must be dark brown in color.)
4. Planting bed maintenance such as pruning, fertilizing, pest control and weed control (All
beds shall be kept free from clippings which shall be disposed of properly.)
5. Landscaping projects including removal and replacement of dead plants or addition of
new plants in the planting areas5
6. Plowing or sanding of driveways after snowstorms
7. Cleanup, maintenance or repair of the areas not visible from the streets.
Section C: Tree Policy
All Dunroy property must comply with the parent documents to this sub-policy, the “Master
Declaration of Covenants, Conditions, and Restrictions for Dunroy on Rutledge” (CCR’s) and
the “Dunroy on Rutledge Design and Development Guidelines” available on the Dunroy HOA
web site.
There is also an overriding Village of Flat Rock ordinance of lesser impact to most of Dunroy.
The Village’s Tree Preservation Ordinance (#63) defines Rutledge Drive as a ‘scenic byway’ and
specifies that the removal of any tree, dead or alive, 6”or greater in diameter and located within
100 feet of the traveled way shall require a no-fee permit. The ordinance also similarly protects
‘native vegetation’ within the same ‘preservation area.’ ‘Native vegetation’ is specifically
defined as “mountain laurel, rhododendron and native hollies.” Further information on this
ordinance may be obtained from the Village web site under “Ordinances.”
Removal or Cutting of Trees on Vacant Lots: In the absence of specific building plans that have
been approved by the Master Board, live trees shall not be removed without prior written
approval, and any such unauthorized removal shall be subject to assessments or fines. It is
Master Board policy to work only with property owners relative to tree cutting.
Custom Lots: The design guidelines point out restrictions for landscape issues prior to, during,
and subsequent to home construction. Tree trimming and removal is up to the homeowner except
for any tree larger than 8 inches in diameter at breast height (the DBH standard established by
the Nursery Industry). This is commonly accepted as the diameter 4½ feet above the ground for
non-nursery grown trees. (A circumference of 25 inches or more at the same height shall be
deemed to be equivalent.) All trees above this diameter must have prior written approval from
the Master Board before they may be removed, and any such unauthorized removal shall be
subject to assessments or fines. After approval, arrangements for their removal and all costs are
to be borne by the individual custom lot homeowner.
The Master Board may approve the removal of live trees greater than 8 inches in diameter (4½
feet from ground) and more than 20 feet from a structure when, in the Board’s opinion, removal
will prevent future damage if a tree is diseased, leaning toward a structure, or poses a threat to
the structure. The Board may approve the removal of diseased, dying, or damaged trees. Trees
must be cut to ground level and removed from the property, or wood should be cut and stacked
out of public view if the wood is to be used by the owner. The Master Board will consider the
type and size of the tree and will normally reject the cutting of specimen trees. The Master Board
will consider the impact cutting may have on neighbors and the natural beauty of Dunroy and
will normally reject tree removal when it would cause a significant negative impact.
Trees less than 8 inches in diameter (4½ feet above the ground) or within 20 feet of a structure
may be removed at the homeowner’s discretion; however, it is suggested that the owner obtain
Master Board approval to prevent future misunderstandings.6