Approved Date: 01 September 2019
OBJECTIVES
The objective of this document is to guide and assist the members of the Kensington Square Homeowners Association Board of Directors, the Kensington Architectural Review Committee, the Kensington Homeowners Association Staff, and the Kensington homeowners in maintaining and enhancing KENSINGTON SQUARE HOMEOWNERS ASSOCIATION (HOA) carefully designed environment. The Design Standards address improvements for which Kensington Square homeowners most commonly submit applications to the Architectural Review Committee (ARC). They are not intended to be all inclusive or exclusive. The specific objectives of the Design Standards are:
- To increase homeowner’s awareness and understanding of the Covenants from which authority is granted for creating rules and use restrictions.
- To illustrate design standards which will assist the ARC and HOA to develop exterior alterations and improvements which are in harmony with the immediate neighborhood and community as a whole.
- To assist homeowners in preparing an acceptable application to the ARC.
- To relate exterior improvements to KENSINGTON SQUARE’s open space.
- The ARC shall regulate the external design, appearance, and location of the properties and of improvements thereon in such a manner as
- to promote those qualities in the environment that bring value to the properties; and
- to foster the attractiveness and functional utility of the community as a place to live, including a harmonious relationship among structures, vegetation, and topography.
- It is the responsibility of each applicant to obtain a Building Permit where required and comply with Fairfax County codes and regulations.
AUTHORITY
The authority and responsibility for maintaining the quality and design in KENSINGTON SQUARE HOMEOWNERS ASSOCIATION is founded in the Declaration which is part of the deed to every lot in KENSINGTON SQUARE HOMEOWNERS ASSOCIATION. The intent of covenant enforcement is to assure homeowners that the standards of design quality will be maintained consistently throughout the community. This, in turn, protects property values and enhances the overall community environment.
The ARC performs its task of ensuring aesthetic quality of the community and environs by implementing and monitoring the review process adopted by the Kensington Square HOA Board of Directors (BOD), thus assuring that proposed exterior alterations comply with the objectives set forth in the Covenants. This involves regular and systematic review of all applications for exterior alterations submitted by homeowners.
NEW CONSTRUCTION, REPLACEMENTS and IMPROVEMENTS
These Design Standards apply to improvements contemplated by a homeowner to an existing home or lot. Replacement of homes or portions thereof must be of the same design as originally constructed architecture as the adjacent homes; must use comparable construction materials as the adjacent homes; must meet current Kensington Homeowners Associations DESIGN STANDARDS.
CHANGES WHICH MUST HAVE ARCHITECTURAL REVIEW COMMITTEE APPROVAL
The Declaration explicitly states that all exterior alterations require the approval of the ARC. Any change, permanent or temporary, to the exterior appearance of one’s property must be approved by the ARC. Further, once a plan is approved, it must be followed or a modification must be approved, by the ARC, in accordance with the plans as approved. Homeowners must comply with County codes and regulations.
It is important to understand that the ARC approval is not limited to major alteration such as adding a room or deck to a house, but includes such items as changes in exterior color and materials, etc. Approval is also required when an existing item is removed.
Each application is reviewed on an individual basis. There are no “automatic” approvals, unless provided for specifically in these design standards. For example, a homeowner who wished to construct a deck identical to one already approved by the ARC is still required to submit an application, and be approved prior to the start of construction.
ARCHITECTURAL COMMITTEE OVERALL REVIEW CRITERIA
The Architectural Committee evaluates all submissions on the individual merits of the application; including the consideration of the characteristics of the housing type and the individual site; since what may be an acceptable design in one specific instance may not be for another. Design decisions made by the ARC in reviewing applications are not based on any individual’s personal opinion or taste. Judgments of acceptable design are based on the following criteria which represent in more specific terms the general standards of the protective Covenants:
- Relation to the Kensington Homeowners Association Community Open Space: Homeowner’s lot activity shall not adversely affect Kensington Homeowners Association open space.
- Validity of Concept: The basic idea must be sound and appropriate to its surroundings.
- Design Compatibility: The proposed improvements must be compatible with the architectural characteristics of the applicant’s house, adjoining houses, and the neighborhood. setting. Compatibility is defined as similarity in architectural style, quality of workmanship, similar use of materials, color and construction details.
- Location and Impact on Neighbors: The proposed alteration should relate favorably to the landscape, the existing structure and the neighborhood. The primary concerns are access, view, sunlight, ventilation, and drainage. For example, fences may obstruct view, breezes, air flow or access to neighboring property; decks or larger additions may cause unwanted shadows on adjacent patios or infringe on a neighbor’s privacy and view.The proposed alteration should relate favorably to the landscape, the existing structure and the neighborhood. The primary concerns are access, view, sunlight, ventilation, and drainage. For example, fences may obstruct view, breezes, air flow or access to neighboring property; decks or larger additions may cause unwanted shadows on adjacent patios or infringe on a neighbor’s privacy and view.
- Scale: The size (in three dimensions) of the proposed alteration should relate well to adjacent structures and its surroundings.
- Color: Color may be used to soften or intensify visual impact. Parts of an addition that is similar in design to an existing house, such as roofs and trim should match in color and composition.Color Color may be used to soften or intensify visual impact. Parts of an addition that is similar in design to an existing house, such as roofs and trim should match in color and composition. Color may be used to soften or intensify visual impact. Parts of an addition that is similar in design to an existing house, such as roofs and trim should match in color and composition.
- Materials: Continuity is established by use of the same or compatible materials as were used in the original house. The options may be limited somewhat by the design and materials of the original house.
- Workmanship: Another standard which is applied to all exterior alterations. The quality of work should be equal to, or better than, that of the surrounding area. Poor practices, besides causing the owner problems, can be visually objectionable. The Kensington Square Homeowners Association assumes no responsibility for the safety or structural validity of new construction by virtue of an approved design.
- Timing: Projects which remain uncompleted for long periods of time are visually objectionable and can be a nuisance and safety hazard for neighbors and the community; all applications must include estimated completion dates. If such time periods are considered unreasonable, the ARC may disapprove the application; projects must be completed within six (6) months.
AMENDMENTS TO THE DESIGN STANDARDS
These Design Standards and Guideline document will be reviewed and may be amended from time to time. They may also be amended to reflect the changed conditions or technology. Amendment proceedings may involve public discussions and review by the neighborhood governing bodies, if any, and shall be adopted as were the original Design Standards by the BOD.
APPLICATIONS
Applications for alteration or improvements must be submitted on the approved Kensington Homeowners Association Form. These forms can be obtained from Community Management Corporation, 4840 Westfields Blvd., Suite 300, Chantilly, VA 20151 or by calling 703-631-7200. The form is also available on the Kensington web site, located HERE, in PDF format. The application forms require information which will assist the ARC in reviewing plans for your proposed alteration or improvement. Specific information is detailed below. Action on applications submitted without the required information will be delayed until all information is provided. The required application information includes the following:
- Description: The form requires a complete description of the alteration or improvement. This includes a complete listing of materials to be used, also overall dimensions, height off the ground, as in the case of decks and porches, colors of existing house, trim and roof colors; and colors of the proposed alteration or improvement.
- Site Plan: A site plan is a scaled drawing of your lot (plat) which shows dimensions of the property, adjacent properties if applicable, and all improvements including those covered by the application. Contour lines may be required where drainage is a consideration. A base for a site plan for single applications can be the plat plan provided to you when you purchased your home. More complex applications may require larger scale (ten (10) to twenty (20) feet to the inch scale) enlargements of the plat plan of County approved development or site plans.
- Drawings & Photographs: Complete drawings/photographs showing all dimensions, elevations and details of the proposed improvement or alteration are required. Drawings should show the relation of the improvement or alteration in relation to the existing home. Drawings which are illegible take time to review, slow the process, and may be returned to the applicant for clarification. Photographs are encouraged for most applications to assist the ARC in evaluating the request.
- Signatures: The applicant is required to sign the application form. In addition, the signatures of all adjoining or affected property owners are required on all applications. The signatures do not constitute approval or disapproval of the proposed project; rather they indicate that the adjoining property owners are aware that an alteration or improvement is contemplated. If the adjoining or affected property owners wish to make comments, positive or negative, on an application they should contact the ARC Chairperson directly; contact information for the ARC Chairperson can be found on the Kensington web site. Applications received without signatures will not be reviewed.
- Commencement/Completion Date: Application must contain the proposed commencement and completion date. All alterations or improvements must be completed within six (6) months of the approval. Projects not completed within six (6) months of approval may be subject to reapplication.
- Review Procedures: All applications should be mailed to the Kensington Square Homeowners Association office at Kensington Homeowners Association in care of Community Management Corporation, 4840 Westfields Blvd., Suite 300, Chantilly, VA 20151. Original applications should be mailed. Faxes and emails may not be accepted as they do not always transfer into readable formats. When the application is received, the application will then be reviewed for complete information by the Kensington Homeowners Association staff prior to the ARC review. After ARC review and action, the applicant will be informed by a phone call or e-mail, and a letter of Architectural Committee decision will be mailed to each applicant at the address provided on the application. Letters of approval will be sent by first class mail; while letters of denial or those with stipulations will be sent by certified mail. Letters of denial will reference specific reasons for the denial and are subject to appeal.
Applications need to be received by Community Management Corporation at least 14 days prior to a scheduled board ARC meeting to be reviewed at that ARC meeting In certain circumstances, such as in the simplicity of an application or the priority of an application as in a residence security enhancement, the ARC may try and conduct an electronic review exchange to reduce the processing time for the homeowner, but these are on a case-by-case basis.
There have been instances where a homeowner requested one thing but built or installed something that was different; this creates problems for everyone concerned. Therefore, effective immediately in any Design Application in which the homeowner is required to obtain a Fairfax County permit, the homeowner must provide a copy of the Fairfax County permit to CMC when received from the county.
In addition, homeowner must provide a picture (digital) of all repeat all completed application items to CMC for record purposes once action on the item has been completed by the homeowner. This rule applies to all Design Applications which are reviewed by the Kensington ARC committee. Both the Fairfax County permit as well as the digital records will be maintained by CMC in the particular residence’s file. The required digital images should be provided to CMC within 60-days of project completion.
Note all approvals are NOT final until the homeowner submits proof of completion and substantial conformance to the proposed application.
In certain Design Applications the ARC may request CMC conduct a visual inspection of the completed project to ensure it was performed in accordance with the homeowner’s application and the ARC approval particulars. Failure to provide a copy of the Fairfax County permit or the project digital images to CMC can result in the homeowner being issued a violation notice and face a hearing before the Board of Directors and a fine.
APPEALS PROCEDURE
An appeals procedure exists for those affected by an ARC decision who feels that:
- Proper procedures were not followed during the administration and review process.
- The applicant and any other affected home owner attending the meeting were not given a fair hearing.
- The ARC was arbitrary, or did not have a rational basis for a decision.
- Interested parties of record providing comments on all applications will be advised of decision of the committee via regular mail.
To initiate the appeal procedure, applicants must submit a written request for an appeal within 15 days of receiving the Architectural Committee decision. The written request must be delivered to the Kensington Square Homeowners Association Office in care of Community Management Corporation, 4840 Westfields Blvd., Suite 300, Chantilly, VA 20151. Other affected homeowners or neighbors must submit written notice within (fifteen (15) days) after the ARC rendered its decisions. The BOD will review those cases and shall conduct a hearing and make a decision on the appeal.
CORRECTIVE ACTION
- Possible violation reported where no application on file, the Homeowner will be notified, and when the violation is corrected, case will be closed.
- Design application received but either application not approved or there was improper construction, the homeowner will be notified and when the violation is corrected the case will be closed.
- In the cases where the Homeowner does not reply to the corrective procedure, the Association will file suit, after a court decision, the case will then be closed.
DESIGN STANDARDS
AIR CONDITIONERS. Additional exterior air conditioning units which are typically installed on a level pad on the ground or level pad attached to the house or the relocation of existing units may be considered so long as they are placed near existing units and do not have adverse audible or visible impact on adjoining lots or open spaces. Concealing air conditioning units see “FENCES.” No window units are permitted.
ANTENNAS. To comply with the Federal Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the Air Reception Devices Rule concerning governmental and nongovernmental restrictions on viewers’ ability to receive video programming signals from direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), and televisions broadcast stations (TYBS). Prior approval of the Architectural Committee is not required, but notice of installation is required for the installation of a satellite dish or antennas.
- Dish and Antenna Size: May not exceed one meter (39″) in width and must be placed in the most unobtrusive place possible without impeding optimum reception.
- Roof Mount: Should be located on the rear of the roof, below the ridge pole or peak, if a front roof mount is necessary, all equipment should be installed to one side of the roof, rather than in the center. Equipment may be required to be painted to match the roof (so long as warranties are not voided).
- Ground Mount: Shall not be permitted.
- Structure Mount: Dishes MAY NOT be mounted on any part of the structure of the home which includes chimney, deck, fence, brick, etc., with exception of mounting on brick within three (3) feet of roof line.
- An antenna should not be mounted such that its placement provides an unsightly presentation to a neighbor residence, i.e. the antenna is placed such that it is in the primary view plane when a neighbor’s front or rear door is opened. The coaxial cable run from the dish antenna to the residence entrance point should be neat, orderly, securely fastened to the structure, and maintained such that it does not become an eye sore or a safety hazard.
ATTIC VENTILATORS. Attic ventilators may be permitted if painted to match the color of the roof or trim (if mounted on a gable end). Ventilators shall be mounted on the least visible side of the ridge pole so as to minimize their visibility from public areas and adjoining units.
CLOTHES LINES. Clothes lines or similar apparatus for the exterior drying of clothes or bedding are NOT permitted.
DECKS. Decks, including new construction, additions, or improvement may be designed to include bench seating areas, overhead timber for shade and hanging plants, and planter areas. When deck design schemes include other exterior changes such as fencing, exterior lights, landscaping, etc. other appropriate sections of the Design Standards should be consulted prior to application. All decks must meet Fairfax County Building Codes. Generally speaking, the deck guidelines below apply to ALL Kensington Square Association residences. Deck “repairs” meaning a one-for-one replacement part(s) of a previously approved deck, or repairs to a builder provided deck, do not require an ARC approval or an application as long as nothing is being changed.
DESIGN REVIEW APPLICATIONS MUST INCLUDE
- Site Plan: Showing building and proposed deck with overall dimensions, and side and rear setbacks.
- Plat: with deck drawn on the plan as close to correct as possible with distances marked to each lot line.
- Deck plan: Showing structure, height, size, stairs, railing style, and any additional structures such as benches, bump outs etc.
- Material and Color: State if using composite material, PVC, Trex plastic, or other Material. Submit color samples for decking and railings and pickets to the ARC for approval.
- Other:
- If lighting is required by the County or being installed please submit information on the lighting.
- Submitting a picture of the back yard is a good idea as it gives the better understanding of any potential drainage issues and slopes.
- If you plan to put stone or anything under the deck this must also be submitted with the plan.
- If you plan to landscape around the perimeter you may include this with the application or submit a separate application later before you do any planting.
- No under deck storage shall be allowed without landscaping cover, shrubbery, trees, or lattice work. Lattice work should be painted to match the house trim (white or beige). Residents are encouraged to use patio furniture covers to protect lawn furniture, outdoor appliances, specialty items, etc. during the winter months.
FINAL STEPS
- Post-hole spoils must be removed and all disturbed lawn properly repaired.
- Final approval is subject to a post construction field inspection. It is the homeowner’s responsibility to submit pictures of the completed projects (from opposite sides showing entire deck) and Fairfax County Building Permit to the management office to be placed with their unit records.
DRAINAGE
Any adverse drainage, which might result from the construction, shall be considered and remedied. Approval will be denied if the ARC determines that adjoining properties will be adversely affected by changes in drainage. An approval by the ARC does not relieve the home owner of the responsibilities to correct any drainage issues that surface after the construction of a deck or patio, be it on the home owner’s property or on a neighbor’s property.
MATERIAL & COLOR
- All visible vertical surfaces of decks (including, but not limited to, pickets, rails, risers, stair faces, support posts, support beams, band boards, and lattice) shall be painted/stained to match the house trim color. Where PVC or vinyl is used the color shall match the house trim color as close as possible. Trim color is defined as the color found on the gable, soffit, garage door, finished wood or metal around the garage door and similar treatments around windows. Where composite material, cedar, or higher quality wood product is used it shall be stained to match the house trim color as close as possible subject to color approval by the ARC. Wood sealer to maintain the natural wood color will be considered by the ARC on a case by case basis. No black pickets or rails are allowed.
- Walking surfaces and top rails may be painted or stained, may be treated with transparent preservative stain, or may be of composite material. The stain color must be submitted to the ARC for approval. Wood sealer to maintain the natural wood color will be considered by the ARC on a case by case basis.
MAINTENANCE & REPAIR
All maintenance/repair of the added structures is the sole responsibility of the single-family home/property owner. Decks that require repair, repainting or re-staining must comply with current HOA Design Guidelines.
MODIFICATIONS
Any changes to a deck must comply with current Design Guidelines and will require a Design Review Application and review/concurrence PRIOR to any construction.
PICKETS
Railing pickets must be 2×2″ square (not round or sculptured) and white or beige.
RAILINGS
Railings must be sweeper style with 2×4 top & bottom rails & 2×6 cap; Railing Posts must be square with plain caps (black color is not allowed).
SIZE & SCALE
Deck must be within county code. Decks must meet Fairfax County minimum setback specifications and should not be constructed within existing easements shown on individual site plans (plats).
STAIRS
Stairs must meet Fairfax County building codes. See MATERIAL AND COLOR.
STRUCTURE
- No part of the deck structure or stairs may break the side plane of the home.
- Deck sides (including railings) must be offset at least 12″ clearance from adjoining buildings if in townhouse.
- Deck support post & beams must normally be cantilevered 18″ from the deck sides & 24″ from the main deck face. However, cantilevering of the deck is a structural consideration and could vary according to design and load and must be approved by Fairfax County.
- Note that double joists may be needed to support the cantilevered grill bump out. (Separate posts under bump-out are not approved.)
- Deck fascia board must be 10″ wide.
- Generally speaking, deck design may not exceed the Building Restriction Line (BRL) in Fairfax County. However, under some conditions the BRL may be exceeded for deck construction if it is wood construction rather than concrete. In either event the home owner is required to obtain Fairfax County approval before exceeding the BRL.
DRAINAGE
Existing drainage pattern must be maintained. Home owners should ensure that their sump pump outside drainage pipe is kept clear to facilitate water flow from the sump pump pit; typically, the pipe should drain onto a down slope that leads away from the houses.
DRONES / UAVs
While this new technology is not yet mature, and federal and local government rules and regulations are still being drafted, in general these devices should not be flown from, land in, flown through, or controlled within the Kensington Square HOA common areas. There are safety concerns as well as liability issues that need to be addressed. Any Kensington resident contemplating the use of this technology should check first with the HOA’s management company and the HOA Board of Directors for the current HOA policy.
DOG HOUSES
Dog houses are not permitted.
DOOR – FRONT
Replacement of front door must be kept in the same style of original door and received ARC approval. Door hardware (including handle, locks, kick plate, peepholes and door knocker) must be brass, bronze or brushed aluminum as originally provided by builder for that house and be maintained in good condition.
DOOR – STORM
Storm doors must be approved and are to be full view with no support or dividing bar and without significant decoration or edging. Storm doors should match the color of the trim around the entrance door (white or beige).
DOOR – SCREEN
Screen doors must be approved and are to be full view with no support or dividing bar and without decoration or edging. Screen doors should match the color of the trim around the door.
EXTERIOR DECORATIVE OBJECTS
Approval will be required for ALL exterior decorative objects over 18” X 12” (smaller size objects do not require approval but are limited to no more than six in total). Exterior decorative objects include such items as sculptures, garden flags, fountains, ponds, free standing poles of any type, bird baths, bird feeders, planters, and vine climbers etc. NO objects of any kind may be attached to the brick façade without ARC approval. (Holiday decorations not included, see Holiday Decorations).
FEEDING OF WILDLIFE
Is not permitted in Kensington Square with the exception of ARC approved bird feeders per above. This includes no feeding of stray dogs, feral cats, squirrels, rabbits, chipmunks, and other rodents or wildlife.
ELECTRONIC INSECT TRAPS
Are not permitted.
EXTERIOR LIGHTING
Exterior lighting (flood lighting, motion sensors, entrance lighting, etc.) shall not be directed outside the applicant’s property. Light fixtures which are proposed in place of the original fixtures should be compatible in style and scale with applicant’s house. Lighting which is part of the original structure must not be altered without the ARC approval. Applications for exterior lighting should include wattage, height of light fixture above the ground, lighting pattern, color of light, and a complete description including descriptive material of the light fixture and precise location on the property. Light should not shine outside the property line of the homeowners and not present a disturbance to any neighbors.
For community security purposes residents are encouraged to leave their front porch, outside garage, and rear lights on during hours of darkness. We recommend 60-watt incandescent bulbs or 800 lumens of light per outside fixture.
LANDSCAPE LIGHTING
Along the foundation and shrubbery side of the walkway will be allowed and no taller than 12”. NO tree-up lights. Lights must emit only a white light at night (NO florescent or colored lights permitted). It is not necessary to obtain ARC approval to have small solar lights in shrubbery or along walk areas but they must be maintained in an operational condition, must not be broken or falling over, and must not be unsightly in appearance.
BACKYARD / PATIO-STRING LIGHTING
(This subsection approved and added by The Board on October 26, 2023)
I. Use of exterior backyard/patio LED or older incandescent lighting such as solar, battery, or electric string lights on a semi-permanent (seasonal) or permanent basis shall be requested by KSHOA residents using the official ARC application form submission process and gain ARC approval before such lighting is operated. Upon approval and according to the below safety guidelines, residents may install the lighting, but shall also adhere to the following practices to (1) ensure containment, (2) reduce spillage/glare of lighting beyond the property line, and (3) pass a lumen measurement test (covered in item 8 below) before full usage begins. KSHOA holiday lighting policy remains unchanged.
1) SAFETY: It is important to safety use outdoor lighting and prevent fires. KSHOA homes have a two-plug Ground Fault Interrupter outlet installed in the rear area. Any string lights being used requiring electrical power shall be plugged into a Ground Fault Interrupter (GFI) outlet in the vicinity of where the lights are being used — no exceptions. Extension cords may be used, but they MUST be rated for outdoor usage (normally shown on one of the cord’s tags stating “suitable for use with outdoor appliances – store indoors when not in use”) AND be of acceptable gauge and amperage to meet or exceed the total wattage load of the light strand(s). Extension cords and string light cords themselves will NOT be run through doors, windows, or from any other power source from within the home.
2) No more than two string lights cords (strands) measuring a total of 50 feet may be used with a total maximum of 60 light bulbs.
3) For LED string lights, the maximum brightness of each light bulb measured in lumens shall not exceed 2700K; less is preferred. Incandescent string lights are obsolete, but in the event a resident has them and desires to use the maximum wattage per bulb shall not exceed five (5) Watts. LED lighting is preferred as there is less risk of overheating or fire.
4) The top of light poles shall be no higher than 7 feet tall above the ground once installed.
5) String lights must be oriented downward and not be directed upward or outward. Umbrella shade/cafe type string lights are highly recommended. These types of string lights reduce light spillage into neighboring properties more than just uncovered bulbs.
6) Lights shall not be wound around poles, trees, bushes, or other vertical/horizontal stationary items in a manner that directs light into neighbors’ windows.
7) Users shall adhere to the following usage hours:
- Sunday – Thursday: On as early as 8am, off no later than 10pm
- Friday – Saturday: On as early as 8am, off no later than 12am (midnight)
8) Upon installation of the lighting, the resident shall contact the ARC to undergo an independent total lumen measurement test. The measurement will be done using a lumen meter from one foot outside the property line surrounding the lighting, sides and rear, at a height of six feet, to ensure that light spillage meets or is below the standard set by this policy. If the lumen spillage restriction of 1500 lumens or less is met, the resident may then begin use of the lights. Passing the lumen test will be noted in the resident’s ARC application and used as proof in the event a complaint. If light spillage exceeds the desired level of 1500 lumens or less, the resident shall take remedial action to correct before operating the lighting (i.e., reducing number of lit bulbs or removing a few lights, etc.).
II. Current residents already using string lights or similar lighting in their backyard/patio areas as of the implementation date of this policy, shall adhere to the following within 30 days or remove lighting or be subject to HOA fine:
1) Submit an ARC Application for approval.
2) Ensure lighting is installed and configured as described in paragraphs 1 though 8 above and make any necessary modifications.
3) Submit to a lumen test as described in item 8) above.
FENCES
A fence can have multiple purposes including security, defining property lines, creating architectural space, as well as enhancing the landscape. Fencing in Kensington Square should be specific in its purpose, it should enhance the property and the neighborhood, and it should have minimal impact on adjoining neighbors and property. Fences enclosing rear yard area must be substantially identical to material and design provided by the builder. Fence material should be pre-manufactured.
- PVC Fencing PVC fence replacement must be of the same color and design and material as the unit’s existing fence. PVC fencing shall not be permitted to extend further than approximately eight (8) feet past the rear of the building on the side yard, and shall not be permitted in any case along the rear property line.
- Wrought Iron (or aluminum) Fencing Wrought iron (or aluminum) fencing must be black, of a substantially identical open design as existing fencing, and include an appropriate gate along the rear yard boundary when that area is fenced in. Fence material should be pre-manufactured, black wrought iron or black aluminum wrought iron in design appearance. The maximum height shall be forty-eight (48) inches above finish grade. For safety purposes residents are encouraged to propose wrought iron appearing fencing that has a smooth flat top rail. (If a resident wants the traditional spear points there are designs that have those below a smooth flat top rail.) Fencing should not be sharp or pointed or pose a safety hazard, and installation must adhere to all applicable local building codes. (Check for any gate restrictions regarding access for contractor lawn maintenance equipment.)
- Rear Wood Fences The only location where individual wood fences are permitted is along the rear property lines on Fox Keep running along Fairfax County Parkway. These fences, installed as a temporary sound barrier, have been allowed to remain based on special approval granted by the Board of Directors. Repairs and upkeep are the responsibility of the individual homeowners. Broken or missing boards, gates, lattice work, etc. must be repaired and maintained by the homeowner. No changes or modifications can be made to the fences without ARC approval before the fact.
- Location Fencing is only allowed in the rear yards and is not permitted in the front yard or past the rear corners of the residence. Fencing on end lots must leave enough space between natural or man-made barriers that landscape and maintenance personnel and their equipment can move freely. Fencing should not block the front elevation view of the lots behind. (Note: Installation of a rear yard fence can affect access by the ground maintenance personnel and eliminate maintenance by the HOA.)
- Landscape Screening Fencing can be screened with landscaping to soften the view from the front elevation. Landscape screening will be submitted and reviewed by the ARC on a case by case basis.
- Pool Fencing Any fencing of pool areas shall be subject to all applicable building, safety, and health department codes and requirements. Pool fencing would be submitted and reviewed by the ARC on a case by case basis. (Note: Pool design and required fencing are subject to special review by the ARC and approval of the BOD.)
FIREPLACES
Fireplaces, fire pits, and chimeneas are subject to ARC approval and will be evaluated on a case by case basis. (Propane fire pits do not require ARC approval but Fairfax County Fire Marshall guidance and recommendations should always be followed.)
FLAGPOLES
No freestanding flagpoles are permitted in Kensington. Homeowners wishing TEMPORARY flagpole staffs which do not exceed six (6) feet in length and are attached at an incline to the house need not have an application.
FLOWER POTS
There is a limit of five (5) flower pots, measuring no more than 24” x 24”, or smaller, allowed in the front yard of each residence. Flower pots must be maintained in good condition and arranged in a neat and presentable fashion to public view, and they should contribute to the natural harmony of the Kensington Square HOA. Flower pots should not contain dead foliage, weeds, or artificial plants or flowers and should be put away during the winter months. All vegetables and herbs pots/gardens should be located in the back yard. At no time should flower pots be located in front of garage doors, on the grass, or on common HOA grounds such as public sidewalks etc.
FLUES & VENTS
Flues and vents protruding through a roofline must be painted to match the roof color; and should be located to the rear of the ridgepole. No flues or vents may be visible on any exterior wall of the house, except for existing vents provided by the builder.
FOR SALE
Normally Kensington holds a community garage sale every Spring, and on some years, we may hold one in the Fall as well. Therefore, we discourage individual residents from holding individual garage or yard sales but understand sometimes it is necessary for moving or family situations. You do not need ARC approval to hold an individual sale but you are asked to limit the number of FOR SALE signs that get posted around the community and to maintain neatness and order during the sale period and advise your neighbors ahead of time so they will have a heads up. Do not post for sale signs, or any other signs, on our community mail boxes.
The posting of FOR SALE signs on resident vehicles that will be parked inside the Kensington Square HOA boundaries is prohibited.
FRONT STEPS
The storage of bikes, cycles, skate boards or any other outdoor equipment is prohibited. Homeowners risk violation if bikes, etc. are not removed per the above and will be given seven (7) days to correct the issue or face a hearing before the Board of Directors and face a fine.
GARAGE & GARAGE DOORS
Garage doors should be left in a fully closed position when not in use. Using a garage as an obvious pet confinement area (leaving garage doors partially open with or without screening) will not be permitted. Replacement of garage doors needs to be substantially identical to original doors. Conversion of garage spaces that reduces the original effective parking area is not permitted.
GARAGE DOORS
Garage doors can take a beating, especially when accidentally hit by the homeowner who gets too close or a child playing ball against it. A dented garage door lessens the curb appeal of your home and can reduce the overall value of our community. Determining when a garage door panel needs to be repaired or replaced is subjective however each homeowner is responsible for maintaining their garage doors in good condition which means a homeowner can be issued a violation if their garage door has excess dents, scratches, broke, color fading or peeling, and in general the overall aesthetics of the garage door should be very presentable to other homes in our community. Also remember a good garage door needs to be a solid barrier from entry and to act as a protection to your home. Garage doors should not be left in an open condition for security reasons. Failure to keep your garage door closed can result in the homeowner being issued a violation notice and face a hearing before the Board of Directors and a fine.
GRILLS
Permanent grills or barbecue areas will be considered on a case by case basis. Construction design, scale and materials of permanent grill areas must complement the existing house and lot. Additionally, the homeowner must take into consideration other homeowners who may be subject to smoke and odors from grilling areas. The ARC may require the homeowner provide a list of other owners contacted to the ARC with the Design Review Application for new construction. Homeowners are advised to contact the ARC for guidance.
GUTTERS
As part of new construction by a homeowner, gutters must match or complement the existing trim color or area of the home to which they are attached. Extensions of down spouts at ground level are discouraged because of drainage considerations on adjoining properties and open spaces. All down spout extensions must be buried in such a manner to adequately manage runoff, according to correct engineering practices and local codes.
HOLIDAY DECORATIONS
Holiday yard displays are only permitted in strict conformity to the guidelines established by the ARC.
- In general holiday yard decorations may be displayed anytime from December 01 through January 10. Decorations for other holidays may be displayed no sooner than two weeks before the holiday and no later than two weeks after the holiday. Yard displays are limited to a maximum of five (5) feet in height and five (5) feet in width.
- Display must be set back at least a one foot from the sidewalk to house.
- Inflatable displays of any kind are NOT permitted.
- Displays must not emit sound or noise.
- NO roof displays of any kind are permitted.
- Lights being used as part of your holiday decorating should be installed and operated with appropriate concern for proper etiquette for your neighbors. The lights should not be so bright or numerous or patterned as to disturb sleep or privacy or create an environment that could become unsafe as a result of heat, installation, or wiring deficiencies.
Homeowners risk violation if decorations are not removed per the above and will be given seven (7) days to correct the issue or face a hearing before the Board of Directors and face a fine.
HOSES
Outdoor hoses in front yard and temporary watering devices in rear or side yards hoses should be neatly stored away when not in use (in containers, boxes, wheels, etc.) cannot be visible when not in use. Homeowners risk violation if hoses are not removed per the above and will be given seven (7) days to correct the issue or face a hearing before the Board of Directors and face a fine.
HOT TUBS
Not permitted in Kensington Square Townhomes. For Kensington Square Single-Family detached homes, Hot Tubs are subject to ARC approval. Outside hot tubs may be installed in the single-family detached homes where they fit within a deck or patio with proper drainage limited to that lot. All single-family home hot tubs structures must include total (fence or barrier) privacy from neighborhood homes, not just the next-door neighbors. This fence or barrier must meet the design codes related to color, style and structure as it relates to the existing home or adjacent homes such as brick or stone designs. The neighborhood noise environment must be considered and allowed for with any submission to the ARC. These will be reviewed on a case by case basis.
HOUSE NUMBERS
House numbers should be legible, but should be of a size and color which is appropriate for the applicant’s house. In certain cases, decorative house numbers may be acceptable dependent upon the location and type of house. House numbers NOT installed by the builder require an application.
LANDSCAPING
An application is required when plant materials will become hedges, fences, barriers, or screens which meet or exceed (either at installation or at maturity) two (2) feet in height. Hedges and the like will generally only be considered for rear and side yard (not extending forward of the front plane of the home into the front yard) installations. An application is also required when the use of stone is contemplated for a border and the height of such stone will meet or exceed twelve (12) inches. An application is required when the use of more than two such borders is contemplated on the same side of the property. An application is required when proposing to change the grade.
LANDSCAPE REMOVAL
The replacement or removal of landscaping on homeowner property is the responsibility of the homeowner. A one-for-one replacement of an identical dead or dying tree or shrub does not require ARC approval. However, if the replacement tree or shrub is of a different variety than that which was removed then ARC approval is required. Failure of the homeowner to replace a removed tree or shrub is considered a violation and if a homeowner does not want to replace the tree or shrub, they should submit that request to the ARC for approval. In general, if the defective tree or shrub was part of the original landscape, the homeowner needs to replace it.
PAINTING
An application is not required for re-painting a specific object to match its original color.
PATIO
Patios provide a means for ground level extension of outdoor space with less visual impact than elevated decks. Patios should be located in the rear yard and should be installed within County setback required limits, and not across Building Restriction Lines (BRL). Patios shall be constructed of brick, landscape slate, flagstone or other natural stone. A border of at least two (2) feet around the fence/property line consisting of mulch and vegetation is required, except for gate exit, however, exceptions will be considered provided adequate softscape is installed. When patio design schemes include other exterior changes, such as fencing, light, plantings, etc., other appropriate sections of the Design Standards should be consulted prior to application. Residents are encouraged to use patio furniture covers to protect lawn furniture, outdoor appliances, specialty items, etc. during the winter months.
PET WASTE
Each Kensington pet owners is responsible to clean up after their pet without exception. All pet owners are encouraged to use biodegradable bags and ensure the bag is deposited in your home trash can for routine pick up by our contractor trash collector.
POOLS
Pool design, and required fencing, is subject to special review by the ARC and approval by the BOD. This applies to all in ground or above ground equipment of greater than 50-gallon capacity.
RECREATION & PLAY EQUIPMENT
ALL play equipment must be placed in the rear yard.
- Permanent Play Equipment: In NO CASE shall approval be granted for the installation of permanent metal and/or wooden play equipment such as swing sets, climbing ropes and slides, etc., or for free standing basketball backboards or any type of basketball hoops and their poles.
- Motorized Scooters, Etc.: Are not permitted on sidewalks, lawns or common areas.
- Temporary Play Equipment: May be used and if meant to stay outdoors (play yard, sandbox, etc.) is permitted in the back yard as long as the yard is well maintained, (no broken, non-usable or rusted equipment is permitted to stay outdoors). Other play equipment that is not designed specifically to stay outdoors should be stored out of sight of surrounding neighbors when not in use. The back yard should not be used as a storage place for children’s toys. The use of year-round shrubs to hide or help with visual screening may be necessary.
- Basketball Hoops in the driveway or on property must be put away after each use, they cannot be left out overnight and homeowners risk a violation and will be given seven (7) days to remove the basketball hoop or face a hearing before the Board of Directors and face a fine.
ROCK/WATER GARDENS
Rock gardens require an application in the event the rocks or collections of rocks exceed twenty-four (24) inches in any directions. All rocks are to remain in their natural color. Water gardens require an application. Location of such feature should be seriously considered by the applicant so that the safety of household members and neighbors is considered.
ROOFS
The repair of roofs, such as missing shingles, leaks, weather related damage, etc. does not require the submission of a design review document to the Kensington ARC; there simply isn’t time for that process. However, all resident owners (meaning all ADU, TH and SF homes) should ensure that resident roof repairs are undertaken by a professional bonded roofing contractor or company. All resident owners in this case refers to ADU, TH and SF homes. Furthermore, any roof repairs that include any amount of shingle replacements, from one shingle to ever how many, must be of an equal quality shingle as is currently installed. The color and style of the replacement shingle should match the existing color/style installed on the affected housing unit as close as is possible. Any pipes or vents, fans, etc. that have to be repaired or replaced should be painted with the same color and particulars (i.e. flat black) as is currently installed on the repaired roof. Any repair and/or replacement to gutters or roofing area trim should match the existing and replaced gutters or roofing area trim. The repair must look professional in all aspects. A residence that has a satellite antenna (dish) installed on the roof should ensure any required roof repairs do not result in the dish antenna being relocated to an unapproved roof location in accordance with existing antenna installation guidelines. Any home owner who is required to undertake roof repairs, gutter repairs, or roof area trim repairs should notify the HOA’s management company after the repairs are completed so that the residence can be checked and inspected to ensure the appearance of the repairs are consistent with the established standards of the surrounding and neighbor residents.
PATHWAYS
The installation of pathways on a lot will be considered if it seems appropriate for the intended use and is appropriate to the size and scale of the lot. Stone, slate, flagstone, brick or other natural stone would be appropriate materials.
SECURITY CAMERAS
The permanent (brick) mounting of outside security cameras and/or motion sensors require ARC approval. Cameras mounted inside a residence, shooting out through a window or door do not require ARC approval. Any outside mounted camera, cabling, hardware, etc. should be of a low-profile design that does not distract from the beauty of the community.
SIGNS
One real estate sign listing a property For Sale, or a security sign posted within ten (10) feet to the immediate left or right of, and/or two (2) feet out from the front and rear entrance of a home. Signs, either temporary or permanent, advertising products or services, whether provided by the homeowner or others; announcing business events; or signs denouncing another person, place, entity or thing; are prohibited. A single professional real estate FOR SALE sign, double-sided, measuring 18” x 24”, can be placed at the entrance to Kensington Parc, Kensington Square, or Kensington Manor for any home that is on the market. The sign must be professional in appearance, maintained in good condition, and removed immediately after the FOR SALE condition changes.
All other entrance, street, warning and informational signs within Kensington Square fall under the administrative control of the HOA’s Communications Committee.
SKYLIGHTS
Require approval.
SOLAR PANELS
AS PER the Solar Panel Resolution of 2021-1, dated May 19, 2021, solar panel installations are now approved within certain guidelines. Please see this document for full details.
SPRINKLERS
In-ground sprinkler systems require approval by the ARC after consultation with the Grounds Committee, if necessary. Homeowners are responsible for maintaining their systems, ensuring proper installation to preclude damage by mowing equipment, winterizing their system, and flagging their sprinkler heads during periods of aerating by the landscape contractor.
SUB-LEASE/SHORT-TIME RENTAL
As outlined in the Third Amended and Restated Declaration of the Covenants Conditions, Restrictions and Reservation Easements no owner of a Kensington lot or dwelling shall lease such dwelling for an initial term of less than twelve (12) months. This includes using any on-line service such as AirBNB, etc. Direct any questions on this issue to the HOA’s management company.
STORAGE
Rear yards, decks, patios and front porches cannot be used for storage of any kind. Under the Deck Storage – No storage shall be allowed under the deck. Landscaping screening of natural plant material, that provides year-round green, may be used to hide storage. NOTE: Consult the landscaping sections of the Design Standards prior to application.
STORAGE SHEDS
Storage sheds are prohibited.
STORM WINDOWS
Exterior storm windows are prohibited at Kensington.
TRASH/RECYCLING CONTAINERS
Trash cans and recycling containers must be stored out of view of the street or adjoining properties at all times, except on scheduled pickup days. Trash cans are to be placed outside the evening before trash day and removed by the evening of the trash day. Storage in front, back or alongside of garages or the home is prohibited. A screened area for trash and recycling container storage is prohibited. Community trash receptacles may be placed in the common play and recreational areas of Kensington; residents are encouraged to use, and to teach their children to use, these receptacles to maintain the neatness and quality of our community.
Plastic trash bags alone are prohibited from being placed outside for pickup or storage with the exception of Yard Debris as follows:
- Grass clippings and leaves should be bagged in clear plastic bags, brown paper bags, or personal can clearly marked “Yard Debris”. Brush and limbs should be bundled and tied. Limbs should not exceed four feet in length and three inches in diameter. Items that are bagged or bundled are not to exceed 50 lbs.
- Concrete bricks, blocks, mulch, dirt and sod are not acceptable.
STORAGE OF BOATS, TRAILERS, CAMPERS, MOBILE HOMES OR RECREATIONAL VEHICLES
Not permitted. The following vehicles shall be treated in the same manner as recreational vehicles:
- Any vehicle that is included in a State Code or County Ordinance as being defined as commercial, except that a normal passenger vehicle used for commercial purposes but not modified for commercial purposes may be permitted. A vehicle that is “wrapped” for advertising purposes is considered a commercial vehicle in this instance.
- Any vehicle that is included in the Vehicle Parking and Storage Violation Enforcement Procedure of the Kensington Homeowners Association.
- Any private or public school or church bus.
Only maintenance vehicles are permitted on the trails and common areas within the community.
Kensington HOA has a specific Parking Policy in effect and a copy can be found on the HOA’s web site, located HERE. Parking tickets are issued and vehicles can be and are towed when found to be in violation of that policy.
LANDSCAPE AND VEGETABLE GARDEN, GARDEN PLOTS, AND VEGETABLE BED STANDARDS
- Location Care should be exercised in the planting and maintenance of trees and shrubs to prevent obstruction of sight lines required for vehicular traffic. Also, the views of neighboring units and shade patterns of larger trees should always be considered.
- Scale Care must be exercised in selecting plant materials which, upon maturity, will be an appropriate size in height and breadth for the intended location. Mature size, in height and diameter, should always be considered especially when planting close to walkways and houses. Consideration will be given to the effect plantings will have on views from neighboring houses and property.
All gardens must be neatly maintained.
An application is not required for foundation planting, or single plantings within mulched area. However, an application is required for trees and hedges more than two (2) feet in height or other features which in effect become structures, fences or screens, and as part of other applications where required.
Applications should include descriptions of the types and sizes of shrubs to be planted and a site plan showing the relationship of plantings to the house and adjacent dwellings.
LAWN MAINTENANCE
While Kensington Square residents are provided certain lawn care and grass maintenance through the HOA, to include cutting, edging, mulch, weed and grub control, fertilizer, aeration, fall leaf removal, etc.it remains the homeowner’s responsibility to ensure that the lawn or grass areas are not damaged or stressed to the point of dying off. This condition can be the result of pet waste not being removed or neutralized, play equipment not being moved, vehicles parking on the grass, activities such as soccer or other games being played in an area to the point the grass is killed off, etc. The homeowner can be cited for a violation and required to repair the area to include turf replacement as necessary.
LOT MAINTENANCE STANDARDS
Property ownership includes the responsibility for maintenance of all structures and grounds which are a part of the property. This includes, but is not limited to, removal of trash, structural maintenance, watering lawn and landscape vegetation.
EXTERIOR APPEARANCE
With the exception of periodic scheduled painting of all exterior portions of all houses, residents are responsible for maintaining the exterior of their dwellings and other structures on their lots, such as decks, patios and fences.
The following represents some conditions with the ARC considers a violation:
- Peeling paint and rotten wood on exterior trim.
- Guttering in need of painting or replacement.
- Fences with either broken or missing parts or which are leaning.
- Decks and stairs in need of repair.
- Concrete or masonry improvements in need of repair.
- Windows, window frames and screens broken, torn, or in need of repair.
LAWN WATERING
Water only during extended dry periods, and apply the water only as fast as the soil can absorb it. Wet the soil to a depth of between four (4) inches and six (6) inches. This usually requires the equivalent of one-half (1/2) inch to one (1) inch of rainfall.
TRASH REMOVAL
Each resident is responsible for picking up litter on his property and preventing wind-blown debris from originating on his land. This includes newspapers, advertisements, etc. that are left in or near driveways, whether they were requested by the resident or not.
At no time is the Kensington Homeowners Association open space considered a dumping ground for inorganic debris. Organic debris such as leaves, grass clippings and branches may not be dumped on open space. Yard waste is required to be recycled according to County specifications.
EROSION CONTROL
Each resident is responsible for seeing that their lot area is protected from erosion and that storm drain structures are not blocked so as to cause additional erosion problems which will silt up ponds and streams valleys.