Before you buy a home in Evermay or embark on making exterior changes to your home and property ensure that you are familiar with the rules governing all homes in our Evermay neighborhood. The deeds of dedication for each of the seven subdivisions in our Evermay neighborhood which contain the restrictive covenants and make the covenants applicable to all homes are here. The Evermay Community Association ("ECA") is the entity that has the authority to enforce and interpret the restrictive covenants.
Any exterior improvement, alteration or addition to the exterior of your home, whether freestanding or permanently attached, must first be approved by the ECA Architectural Control and Land Use ("ACLU") Committee and the ECA Board of Directors (except where specifically pre-approved or otherwise excluded in the “Guidelines”). Particular notice should be paid to areas that might be overlooked, but do require prior approval, such as fences (use of chain-link fences prohibited) and storage sheds. An application for such approval must be submitted to the ECA ACLU Committee Chair should include the completed compliance application form, detailed plans of the changes requested including site elevations (PDF preferred), materials, colors, position of changes on a plat, and documentation that all affected neighbors have reviewed the changes and been allowed to provide comments. A Project Application Form is available by clicking on the link in this sentence. The complete application should be sent to the Chair, Architectural Control and Land Use Committee. If you notice that a neighbor is/has made changes without obtaining required approval, you can e-mail the Chair for investigation.
There are many exterior modifications that have already been pre-approved by ECA and do not require any further approval before you make such modifications to your property. The following modifications have already been pre-approved by ECA and are listed in the Special Subject Guidelines as pre-approved and do not require any application to ECA:
- Solid wood, wrought iron or aluminum fences no greater than 6 feet in height and located no closer to the street than the house set-back line (no split-rail, chain link, or woven material fencing is allowed).
- Replacement of windows or doors without changing size or location.
- Replacement of roofs with cedar shake that is #1 Blue Label Certified by the Cedar Shake Shingle Bureau and of at least ½ inch thickness at butt end, slate; Ecostar Majestic synthetic slate (federal grey, midnight gray and black only are pre-approved, any other color needs approval); DaVince synthetic slate (castle grey color only pre-approved, any other color needs approval); Certainteed’s Grand Manor asphalt shingle (pearl black, brownstone, weathered wood, colonial slate, gatehouse slate, and stonegate gray only colors pre-approved, any other color needs approval); Certainteed’s Belmont asphalt shingle (black granite, colonial slate, gatehouse slate, shenandoah, stonegate gray and weatherered wood only colors pre-approved, any other color needs approval). Any other roofing material requires an application and approval by ECA. In applying Article IX, Restrictive Covenant Guidelines, and Section 9.6(b) “Application Approval Standards”of the ECA Bylaws, asphalt roofing shingles will be considered high-quality roofing materials and accordingly approved for use in Evermay if they satisfy two criteria: (1) the shingles are multilayered architectural shingles and (2) they have a weight of at least 275 pounds per square.
- Walkways made of stone, brick or concrete.
- Patios at the side or back of a house and front or side door entryways; all made of stone, brick or concrete. The patio may include walls of no more than three feet in height above grade.
- Existing driveway replacement with pavers, concrete or asphalt. New driveway locations or change in footprint require an application and approval by ECA.
- Retaining walls that extend no more than 3 feet above grade and with a façade of stone or brick (cinderblock must be faced with stone or brick).
- Recreation and play equipment in accordance with Special Guideline # 5.
- Basketball standards in front yards in accordance with Special Guideline #6.
- Satellite dishes in accordance with Special Guideline #7.
- Construction of new in-ground pools (all elements below grade or at grade level except for, including but not limited to, diving boards, electrical panels, timers, pumps, filters, heaters and piping required for the functioning of the pool and no more than five (5) feet in height and related screening up to five (5) feet in height of such items all of which may be placed above-ground and does not require further approval). However, any other above-ground elements or structures and other items that might be constructed along with the in-ground pool must comply with applicable requirements set forth in the ECA Bylaws and Guidelines.
In addition to the requirements for approval for changes, there are other Fairfax County requirements that you should know:
Curb Area - When installing sprinkler systems, trees, etc., in the curb area (between the sidewalk and street) you must be aware that this area is in the State right-of-way. If this area must be disturbed for sidewalk repair, utility lines, or tree removal, the State is not responsible for damage or repair unless you have filed for a permit to install in the curb area.
Trees in the Curb Area and abutting the sidewalk along Rt 123 - The maintenance (pruning) of trees in this area and their replacement, as necessary, are responsibilities of each individual homeowner. County/State Ordinance requires that limbs of street trees must be pruned to at least six (6) feet above the ground, and your neighbors will appreciate not having to “duck” while walking in the neighborhood.
Yard Maintenance - Evermay is a beautiful neighborhood. Recognizing that residents take pride in both the appearance of their own property as well as the entire community, these tips are offered to promote a better standard of appearance. Grass should be mowed weekly, at a minimum. To prevent grass from growing onto the sidewalk and curb area, and to maintain a neater lawn, please edge these areas on a routine basis. Fairfax County requires that grass height not exceed 12 inches in height. Failure to mow can result in the county mowing the property and sending the homeowner a bill for the costs. When removing or spraying weeds, remember to treat the weeds/grass that grow in street or sidewalk cracks. Enhance the curb appeal of your home -- instead of hiding it with overgrown landscaping, periodically clip and prune shrubs. Over the years, shrubbery and trees in front yards can gradually reach an extent and height that restricts the openness that characterizes Evermay and violates a Restrictive Covenant. Please take note of the Guidelines (page 2) dealing with “Front Yard Fences and Hedges.”
Snow Removal - Neither the state nor the county clears snow and ice from public walkways (sidewalks and trails). While not legally obligated, residents are asked to help keep sidewalks safe. They should, as soon as feasible, clear snow off the sidewalks in front of their property so that all pedestrians, especially school children, those with disabilities and the elderly, may walk securely. Please assist any elderly or handicapped neighbors who may not be able to clear their walkways.
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