Revision July 1, 2024
Hale Estates
New Construction and Renovations
For Homeowner and Builder
Welcome to Hale Estates:
The following requirements are based on Hale Estates Amended Covenants Restrictions and Easements and are meant to help clarify the process of receiving approval for your new Home or renovation. It is very important to read the complete set of Covenants at https://www.haleestatesownersassociation.org/ .
Please don’t hesitate to contact the Design Committee for further clarification at haleestates01@gmail.com.
Construction Plan Requirements:
1. No Home or Improvement shall be commenced, erected, placed, or maintained on any Lot and no changes or alterations shall be made to the exterior of any such Home or Improvement until adequate specifications, site locations and other pertinent data (including the color, shape, height, location, dimensions, materials, external decorations, and any other requested information) have been approved and a signed copy of the ‘HEOA Acknowledgement of the Governing Documents’ form has been received by the Design committee. [Section 8. Design. (b) Procedure]
a. The House Floor Plan must be drawn to the architect’s scale (1/4”=1’) and printed on 24” x 36” paper or provided in PDF format. The House Plan, drawn to scale, includes floor plans, room dimensions, building height, and elevations for all sides of the building.
b. The Survey Site Plan must be drawn to engineering scale (1”=20’) and printed on 24’ x 36” paper or provided in PDF format. The Survey Lot Plan shows the setbacks and positions of the Home, any external Garage, the Driveway, the septic tank and, if not on common septic, the location of the leach field.
i. Note that the driveway must enter the road as per the master design of the association as approved by the Town of Conway. A driveway entrance to the road can be moved, but doing so requires approval from the Town of Conway.
c. Please deliver plans in one of the following ways:
i. Deliver the paper copies to the Design Committee Chairperson by hand.
ii. Mail the paper copies to:
Hale Estates Owners’ Association
1026A Grandview Road
Conway, NH 03838
iii. Email PDF copies to haleestates01@gmail.com
2. Design plans for any solar panel system must be submitted to the Design Committee for review and approval [Section 7. Land Use. (p) Minimum Construction Standards. (i) Solar Panels]
3. Design plans for any Geothermal Heat and Air Conditioning system must be submitted to the Design Committee for review and approval [Section 7. Land Use. (p) Minimum Construction Standards. (ii) Geothermal Heat & Air Conditioning]
4. The Design Committee shall approve or disapprove, in writing, any plans submitted to it within thirty days. [Section 8. Design. (b) Procedure]
5. The Homeowner and builder are responsible for obtaining all necessary permits from the Town of Conway and/or the State of New Hampshire. A copy of the building permit must be provided to the association upon its issuance by the Town of Conway and prior to starting any construction.
General Construction and Renovation Requirements:
1. All construction must follow the approved plans and comply with Town of Conway Article IV Building Code including but not limited to all permit requirements.
2. Construction of all buildings and other structures on any Lot shall be completed within one year from the date of Building Permit issued by the Town of Conway. Completion shall include exterior finishing, and driveway. [Section 7. Land Use. (o) Completion of Construction]
3. Homes constructed on any Lot shall not be occupied or used for residential purposes until said Home is issued an occupancy permit by the Town of Conway, nor shall any structure on any Lot other than the Home be used or occupied for residential purposes [Section 7, Land Use. (n) Occupancy]
4. No Lot may be used in a manner inconsistent with the residential and natural ecological character of Hale Estates or in any manner inconsistent with achieving the Goals of the Association [Section 7. Land Use. (s) Use of Property]
5. Each Lot shall be used for Residential purposes only [Section 7. Land Use. (b) Residential Use]
6. Only one single family dwelling and a garage is allowed [Section 7. Land Use. (b) Residential Use]
7. A garage, whether attached or detached, for not more than 3 cars may be constructed on any Lot [Section 7. Land Use. (b) Residential Use]
8. A shed is permitted for the storage of garden and lawn care equipment, tools, and implements used in the maintenance of the Home and/or Lot [Section 7. Land Use. (k) sheds].
9. No Structures should be placed beyond the frontal property marking pins.
10. Any exterior lighting must not cause undue glare towards any adjacent Home [Appendix B. Conditions and General Specifications. (5)]
11. Garbage and rubbish shall be contained in a suitable closed receptacle that is screened from public view [Section 7. Land Use. (j) Sanitation]
12. Within one year after construction has been completed on a Home, all disturbed ground surfaces must be landscaped in a manner consistent with achieving the Goals of the Association and where applicable, in compliance with the NHDES Model Water Efficient Landscaping Regulation for Municipalities. This includes adhering to area limits for lawns, utilizing native plants, preserving mature trees, meeting minimum loam standards, and following water efficiency guidelines for in-ground irrigation systems. Furthermore, the association strictly enforces its water conservation requirement for homes utilizing irrigation systems. Odd-numbered homes are permitted to water for no more than 20 minutes per zone on Monday, Wednesday, and Friday, while even-numbered homes may water on Tuesday, Thursday, and Saturday. No watering is permitted on Sunday to ensure responsible water usage and conservation efforts are maintained throughout the community. [Section 7. Land Use. (q) Landscaping]
Construction Contractor Requirements:
1. For sanitary considerations and privacy for the construction crews and Owners, it is required to place a portable toilet (Port-a-Potty) on a Lot during active construction for a period not to exceed twelve months. [Section 7. Land Use. (j) Sanitation]
2. No obstruction of traffic on any roads or blocking of driveway entities to any Homes is allowed [Section 7. Land Use. (w) Use of Roads]
3. During construction, the driveway apron shall have gravel in front of the apron for a minimum of 10 feet to reduce the amount of dirt on truck tires from entering the roadway.
4. Any paved areas over which the contractor's equipment is transported or used including, but not limited to, driveways, cul-de-sacs and roadways, must be thoroughly cleaned of all trash, soil, gravel or other debris.
5. Reasonable on-site clean-up must take place at the end of each workday. Excess material should be immediately removed after completion of construction and prior to occupancy.
6. The owner and/or contractor shall maintain and store construction material, trash, and equipment in a neatly stacked, properly covered, secure and safe manner, so that the impact on neighboring properties is minimized. Burning trash or construction debris is prohibited.
7. Excavation material shall not be placed in common areas, roads, or other Lots. Any excess excavation material should be disposed of by the owner in a timely manner in an authorized location.
Utility Requirement
1. Utility connections must be made by the utility vendor (e.g., Iron Mountain (water), Eversource (electric), etc.) and inspected by the Town of Conway when required by town ordinance [Section 8. Design. (c) Inspection of Utility Connections]
2. All Homes that are designated on the Development Plan as connecting to the common leaching fields must do so [Section 7. Land Use. (g) Common Septic Systems] It is mandatory for Homes connected to the Community Septic Systems to have a curbside septic system shutoff valve installed for operational purposes.
3. All Homes that are designated on the Development Plan as having private septic systems must be constructed in compliance with applicable law [Section 7. Land Use. (f) Private Septic Systems]
4. All Homes must connect to the Community water system serving Hale Estates and operated by the Association. No private wells are allowed on any Lot. [Section 7. Land Use. (h) Community Water System]
a. The builder is responsible for verification of installation of a water pressure-reducing valve. All Homes are required to have a water pressure reducing valve installed.
5. Tanks for the storage of fuel shall be installed underground or kept inside a building (i.e., a Home, Detached Garage, or Shed) [Section 7. Land Use. (t) View]
6. All power and utility lines must be underground [Appendix B. Conditions and General Specifications. [Appendix B (6)]
7. Industry standards state that electrical, water and sewer lines must be separated from each other by at least 10 feet laterally in the trenching, and/or provide water and sewer in sleeved piping.
Dwelling and Structure Construction Requirements:
1. Each Home shall be not more than two stories above the ground [Section 7. Land Use. (p) Minimum Construction Standards]
2. Each Home must have a permanent year-round heating system [Section 7. Land Use. (p)Minimum Construction Standards]
3. For all Lots 1-3 and 15-107:
a. The minimum square footage shall be at least 1500 square feet of finished living space for a one-story dwelling or 1800 square feet of finished living space for a two-story dwelling [Section 7. Land Use. (p) Minimum Construction Standards]
b. A Home may have a maximum of 3 bedrooms [Common Septic Design and Water System Design]
4. For Lots 4-11 (High Point Road):
a. The minimum square footage shall be at least 1800 square feet of finished living space for a one-story dwelling or 2400 square feet of finished living space for a two-story dwelling [Section 7. Land Use. (p) Minimum Construction Standards]
b. A Home may have a maximum of 4 bedrooms [Common Septic Design and Water System Design]
5. Building color shall be harmonious with the characteristics of the development as approved by the Design Committee. [Section 7. Land Use. (p) Minimum Construction Standards]
6. Cedar shake siding, vinyl siding, and concrete siding are acceptable. All buildings with wood siding shall have paint or stain applied thereto. [Section 7. Land Use. (p) Minimum Construction Standards].
7. All roofs shall be shingled or covered by dark coverage with no paper exposed. Standing seam metal roofing is acceptable. [Section 7. Land Use. (p) Minimum Construction Standards]
a. Roofs shall be dark in color [Appendix B. Conditions and General Specifications. (3)]
8. A shed or detached garage shall not exceed 400 square feet and must be finished (siding, trim, roofing, etc.) in a manner that is consistent with the Home’s finish [Section 7. Land Use. (k) sheds]
9. Solar Panels for hot water or photovoltaic are permitted [Section 7. Land Use. (p) Minimum Construction Standards. (i) Solar Panels]
a. Solar panels must be mounted on a Home, Garage, or Shed.
b. See the above noted section in the Covenants for rules on panel mounting.
10. Geothermal Heat & Air Conditioning is allowed [Section 7. Land Use. (p) Minimum Construction Standards. (ii) Geothermal Heat & Air Conditioning]
a. See the above noted section in the Covenants for rules related to the loop system used.
Construction Site Requirements:
1. No excavation shall be made on any Lot except for the purpose of building thereon [Section 7. Land Use. (o) Completion of Construction]
2. The owner of each Lot must maintain a vegetative buffer extending at least ten (10) feet from all lot boundaries, excluding road frontage, to preserve the natural aesthetics and privacy of the community. Owners and/or builders who breach the ten-foot boundary will be required to replant and/or restore any natural vegetative buffer that has been compromised at their own cost. Any removal or topping of trees larger than 4 inches within the buffer zone necessitates approval from the Board of Directors. [Section 7. Land Use. (v) Buffer Zones]
3. Grading, Drainage and Erosion Control
a. All buildings must blend with the natural grade of the site and surrounding properties. Excavation or fill in the front, rear, or side yard setbacks must be kept to a minimum with special attention given to maintaining existing trees.
b. All finished grading must meet existing grades at property lines and be compatible with neighboring lots.
c. Foundation exposure must be kept to a minimum. The HEOA prefers a foundation exposure of 6 inches; however, a maximum exposure of 24 inches will be allowed if
proper sloped or stepped foundation treatments are used (see Appendix C). Stucco applied directly on foundation walls does not meet the HEOA requirement as outlined in this section. On houses having stucco siding, the stucco may be carried down over the foundation, as long as both surfaces are in the same plane.
d. All retaining walls, if required, shall not exceed a four feet average in height (see Appendix D). Where slopes require more than four feet of retention, a series of stair-stepped walls, with planting spaces between, will be required. For erosion and silt control during construction, the HEOA requires the use of straw bales or silt fencing. It is particularly important that silt control be carefully monitored on lots adjacent to completed home sites.
e. Within any sloped bank, no activity may take place that would interfere with or damage established slope ratios, create erosion or sliding problems, or change the flow of water through drainage channels. No slope can be altered unless approved by the HEOA Design Committee. The HEOA will require that all steep slopes in rear yards adjacent to culverts or drainage channels will be left in their natural undisturbed state to preserve the original character of Hale Estates.
f. Prohibit elevations that are duplicates in appearance of any existing or approved home in Hale Estates. The use of different materials may preclude this requirement, if approved by the HEOA Design Committee.
g. Elevation approval shall consist of a review of front, side and rear elevations.
h. Lot grades shall not be changed in such a way as to divert the natural flow of water onto an adjoining Lot or to flood or damage a community road or common drainage system [Section 7. Land Use. (p) Minimum Construction Standards]
i. Structures must be sited so as to cause minimum disruption to existing vegetation, existing slope of the land, and existing patterns of site drainage [Appendix B. Conditions and General Specifications. (4)
4. Building and other structures shall be constructed or placed on a Lot no less than 50 feet from the center of the road [Section 7. Land Use. (a) Setback)]
5. An owner of two or more adjacent Lots may place a single-family dwelling anywhere within those multiple Lots [Section 7. Land Use. (e) Single Family Home on multiple Lots]
6. Building and other structures shall be constructed no less than 20 feet from the boundaries of the adjacent Lot [Section 7. Land Use. (a) Setback]
7. When two or more adjoining Lots are used for a single Home then the 20 feet requirement applies to the boundary with the adjacent Lot of a different owner [Section 7. Land Use. (a) Setback]
8. Driveways shall be finished with asphalt, stone, crushed gravel, or any finished driveway material identified in the Lot plan and approved by the Design Committee [Section 7. Land Use. (o) Completion of Construction]
9. A shed must be located no less than 15 feet from the rear and side boundaries of the Lot [Section 7. Land Use. (k) sheds]
10. Private Swimming Pools and Tennis courts or similar structures for outdoor physical activities or games shall not be built in the front of a Home. [Section 7. Land Use. (u) Swimming Pools and Tennis Courts]
a. Swimming pools and Tennis courts must be located no less than 15 feet from the rear and side boundaries of a Lot.
Restrictions and limitations:
1. No separate in-law dwellings or accessory dwelling units (ADUs), which is independent of the Home (e.g., separate kitchens, living rooms, entrances, etc.) are allowed [Section 7. Land Use. (b) Residential Use]
2. No building shall be erected having a single tar paper roof or exposed concrete block foundation or walls more than 2 feet. [Section 7. Land Use. (p) Minimum Construction Standards]
3. No wall, screen, or fence shall be constructed with a height of more than seven feet above ground level [Section 7. Land Use. (t) View]
4. No mobile Homes, trailers, recreational vehicles or similar temporary or movable vehicle or structure shall be used for residential purposes [Section 7. Land Use. (i) Types or Buildings]
5. No Television Antenna or Satellite Dish larger than 24” in diameter is allowed [Section 7. Land Use. (t) View]
6. No wind generators or towers of any kind for any purpose may be erected [Section 7. Land Use. (t) View]
7. Garbage Disposals are prohibited and may not be installed [Section 7. Land Use. (g) Common Septic Systems]
