Slabs and/or Deck Policy
Recitals:
The Board wishes to adopt this policy to define limits of ground level slab and deck use, to be consistent with Article VI of the Association’s Restrictions.
Additionally, the Board has a goal of limiting the visual impact of decks and slabs from the street while enabling the homeowner’s use of front yard space.
While this policy is intended to be consistent with federal law and the Washington County Development Code and Development standards, the Association’s policy may be more restrictive.
Policy:
Association Permit Required: A building permit issued by the Association is required before the construction or major repair of any slab or deck. In addition to the proposed new or replacement slab or deck and any associated drainage improvement, the application site plan must include the location of the house and property lines (with written setback dimensions), and any existing fencing, patios, walkways, and other pertinent areas of the property.
Governmental Permit Required: For decks requiring a governmental (Washington County) permit (height greater than 30 inches), the applicant shall provide the Association with a copy of the approved permit(s) for their file prior to commencement of work. Large slabs may require drainage considerations – contact Clean Water Services for requirements and permit approval.
Location/placement/size: Please refer to the “Site Plan Descriptions” document for descriptions of property related terms “setback”, “easement”, “required yard”, etc.
a. Front yards and street side yards:
i. Per the Association’s Restrictions, front yard slabs or decks will be “adjacent to the house” and “no closer to the street than one half the setback distance”. This keeps the streetscape open and makes the deck or slab part of the house living area.
ii. Per Board policy, the width of the slab or deck area is limited to one half of the width of the street-face of the house after subtracting the width of any driveway. For example: if the house is 50 ft wide and the driveway is 20 ft wide, half of the remaining width of 30 ft can be used for a front slab/deck up to 15 ft wide.
iii. The slab/deck may be placed anywhere along the adjacent face of the house. Walkways may be used to connect it to the front porch, driveway, etc., as required.
iv. Corner houses, because they have two street-side setbacks, may be allowed a slab/deck on either (or both) street-side of the house.
b. Side yard:
i. Slabs/decks should not be located less than 5 feet from the side property line.
c. Rear yard:
i. Slabs/decks of any size should not be located less than 5 feet from the rear property line.
ii. Slabs/decks greater than 120 sq ft should not be located less than 15 feet from the rear property line.
4. Location/placement/size exceptions:
a. Association Easements: placement within the 5-foot Association easement may be granted by a vote of at least two directors of the Board. However, if the easement must be used by the Association, utility, or governmental entity, the owner must remove the slab/deck from the area at the owner’s sole expense within 20 days of written notice from the Association. The notice will state the reason necessitating the need for removal for access to the Association easement. The Board, at its sole discretion, may permit the owner to restore the slab/deck, at the owner’s sole expense, once the Association, utility, or governmental entity no longer requires access to the Association easement.
b. Association Setbacks: placement within any setback/required yard may be granted by a vote of at least two directors of the Board (see Front Patio exception below).
c. Front patio:
i. Width exceeding policy standard (one half of (house width minus driveway width)) must be approved by a quorum of the Board.
ii. A second front patio (applies to corner houses only) must be approved by a quorum of the Board.
5. Materials:
a. “Slab” patios can be made of poured concrete or set paver blocks. Other materials must be capable of ground contact and must be specifically approved by the Board.
b. Decks must be built of standard weather resistant decking materials, installed to avoid direct ground contact.
6. Design/use:
a. Coverings (e.g. permanent awnings, roofs, etc.) are not allowed on any portion of the deck or slab extending into a setback. Specifically, no extension of the front porch covering is allowed forward of the setback, and any free-standing covering must comply with current Accessory Structures policy setback requirements.
b. Any fencing or railings for a front deck/patio will comply with current front yard fencing policy.
c. Decorative trellises can be incorporated in the design of the slab/deck, keeping current fencing policy in mind (see item above).
d. “Neat and attractive” restrictions apply, and the area is to be kept free of weeds and debris/clutter.
e. Slabs or decks are considered hard scape for landscaping purposes (and computation of “majority” green in the front yard).
7. Repairs:
a. Replacement of a few boards is allowed without a permit: up to 25% of the deck boards or a single support post.
b. Repairs requiring temporary removal of boards to replace underlying supports is considered a major repair and does require a permit.
Approved by
Homes Association of Cedar Hills
Board of Directors
June 13, 2017; Revised 11/2023