Exterior Changes and Additions Guidelines
PLANNING EXTERIOR CHANGES OR ADDITIONS TO YOUR PROPERTY?
As you know, Surrey Park is a deed-restricted community; each homeowner has agreed to the deed restrictions when they purchased their home. The right and ability to enforce the deed restrictions rests with the homeowners. Deed restrictions are limits on how you can use and maintain your property. The rationale behind deed restrictions is that they provide a way to maintain the beauty of the neighborhood envisioned by the developer as well as to protect property values.
On page 2 of the deed restrictions, it specifically states: Failure by said grantors or any land owner to enforce any restriction, condition or covenant or agreement herein contained shall in no event be deemed a waiver of the right to do so thereafter. While the New Castle County Unified Development Code (the NCC Code) may be cited herein because its provisions and the deed restrictions are closely related, the Surrey Park deed restrictions and guidelines may at times be more restrictive, and thus they take precedence over the NCC code, except that any approval by the deed restriction committee for building or property changes does not mean that such proposal meets the NCC code, or any other county or state laws, regulations or licenses. The homeowner is responsible for such compliance, and for applying for all appropriate permits and complying with all building codes and regulations.
The relevant paragraph of the Deed Restriction states the following:
APPROVAL OF PLANS: No building, fence, wall or other structure shall be commenced, erected or maintained nor shall any addition to or exterior chance or alteration therein be made, until the plans and specifications, showing the nature, kind, shape, height, materials. floor plans, color scheme, location or approximate cost of such structure, the location of driveways, and the grading of the parcel of land to be built upon, shall have been submitted to and approved in writing by the within mentioned grantors or their designees, and a copy thereof, as finally approved, lodged permanently with said grantors or their designees. The said grantors shall have the right to refuse to approve any such plan or specifications or grading plan, which are not suitable or desirable, in their opinion, for aesthetic or other reasons; and in so passing upon such plans and specifications and grading plan, they shall have the right to take into consideration the suitability of the proposed building or other structure and of the materials of which it is to be built, to the site upon which is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure, as planned, on the outlook for the adjacent or neighboring property.
Therefore, if you are planning to alter, change, or build any of the following, make sure to contact the deed restriction committee to obtain approval prior to commencement of any work:
- Home Addition
- Exterior alteration
- Driveways- (that change the existing footprint and size).
- Fences, privacy screens and walls
- Sheds or other outbuildings (only one per property)
- Swimming Pools- (Above ground pools shall not be approved).
Procedure for Requesting Exterior Changes or Additions to Properties:
Before any proposed change or additions can be approved, the homeowner MUST contact the
deed restriction committee at Casp.deedcm01@gmail.com and provide the following information:
a. Property address and owner (s) name;
b. A written description of the proposed project, and where applicable, a copy of the plot
plan with markings on where the proposed project is located;
c. a description of the dimensions, size, square footage of the proposed project and if
appropriate, a copy of all blueprints, specifications and plans;
d. a description of the materials proposed to be used;
e. a statement of whether the adjacent neighbors have been advised of the proposed
project and whether they have any objections or concerns.
Construction cannot commence until the deed committee provides written approval of the
project to the homeowner. Always remember that prior to digging always call Miss Utility to
mark all underground utilities, even if you think you know where the lines are located.
Approval by the Surrey Park Civic Association through the deed committee does not mean
that the proposal meets the requirements of New Castle County’s Unified Development
Code, or state laws, regulations or licenses.