RESIDENTIAL COVENANTS

INTRODUCTION
Covenants are protective legal instruments that are binding on the owners of property in Taberna. Covenants establish and apply reasonable restrictions for land use, architectural design and property maintenance. They provide a review process for approval of exterior plans and improvements or changes to the property. They allow the Home Owners Association to develop rules and regulations to monitor and ensure compliance. Their purpose is to keep Taberna an attractive and desirable place to live. Consistent application of the Covenants and Guidelines is designed to assure compatibility with the planned character of the community and protection of real estate values. Owners must have prior approval from the Architectural Control Committee for home construction plans, exterior home improvements or a new structure on any property.

*All rules are subject to Architectural Control Committee review process and approval.

This document contains:
Part A - New Construction Guidelines (please see link at right for new construction application form)
Part B - Architectural and Appearance Guidelines (please see link at right for any changes you wish to make to an existing property)

Any amendments (attachments) made to these guidelines are accessible HERE. 

PART A: NEW CONSTRUCTION GUIDELINES

1. BUILDING GUIDELINES (Access new construction form)

Building Site:
Each construction site must have a temporary drive of washed stone (#57), access to a dumpster and a portable Toilet during the entire period of construction.
A compliance deposit of $1,000.00 in addition to $295.70 for mailbox and post shall be prepared as two separate checks and submitted with application and plans, payable to Taberna Homeowners Association.
Drainage:
It is the responsibility of the builder/owner to provide positive drainage from the building pad to streets or other designated drainage easements.
Water source heat pumps - No discharges will be allowed into roadside ditches or drainage swales along property lines.
Tree Removal:
The Architectural Control Committee must give prior approval to the removal of any tree the size of six inches or more in diameter, measured 1 ft. above normal ground elevation at the trees location.
Foundations:
Homes must be built on a crawl space. The foundation will have a brick face or stucco exposed on the exterior. (Crawl space may not be applicable to Taberna Village, Bradford Place).
Exterior:
Home exteriors should be designed to utilize brick, vinyl, stucco and/or wood. Panel products such as TI-11 siding are not approved wood siding components.
Roofing:
All roofs on residential construction at Taberna will have a minimum 6/12 pitch. Roofing materials allowed at Taberna are standing seam metal roofs, fiberglass shingles and cedar shingles.
Colors:
Whites and earth tone choices are preferred; all choices are subject to architectural review.
Garages:
A minimum two-car garage with appropriate apron in front of garage doors to accommodate the parking of two additional vehicles. Architectural design that orients the door opening in a direction other than the street is required, although variances for special areas or sites will be considered. (90° door orientation may not be applicable to Taberna Village, Bradford Place, Boleyn Creek Villas, One Taberna Way).

2. VACANT LOT MAINTENANCE

Frequency:
As specified in the Home Owners Association (HOA) schedule
Standard:
Determined by the HOA
Payment:
Contractor will bill directly - HOA negotiated rate

3. MAIL BOXES

Design & Color
Two styles and one (1) color as provided by Taberna HOA at request of builder. Double box on single post only applicable to Abbington Woods.

PART B: RESIDENTIAL ARCHITECTURAL AND APPEARANCE GUIDELINES

1. FENCES AND DOG RUNS

Location:
Backyard within extended home sidelines. Not to exceed 50% of mean distance from envelope of home to rear property line. Envelope of home is any roofed over (i.e., living areas, garage or covered porch) portion of the house.
Fences in no case may encroach upon drainage or utility easements, designated vegetative buffers or minimum building setback lines as shown on the plat.
Fences/dog runs are not permitted on golf course lots.
Height Maximum:
Four (4) feet for yard fencing and five (5) feet for dog runs.
Size Maximum for dog runs:
20 feet x 20 feet
Materials & Color:
Wood or materials having appearance of wood. Vinyl fences are permissible. Natural wood painted or stained to blend with the dwelling.
Adjoiner View:
Shall not block desirable views or negatively impact adjacent lots.

2. OUTBUILDINGS: DETACHED GARAGES, STORAGE SHEDS AND GAZEBOS (see Attachment II, Rev 10/03)

Outbuildings must be approved by the Architectural Control Committee and must be architecturally compatible with the primary dwelling. Outbuildings restricted to one (1) per lot except for unusual circumstances. Not permitted on golf course or lakefront lots.

3. PATIOS, TERRACES AND DECKS (see Attachment III, Rev 10/03)

Patios: Ground level, solid surface, at rear of home. Concrete, brick, flag stones or other similar materials. Sizes may vary at homeowner's discretion. Must be within extended sidelines of home. Patios may not be fenced; however, low enclosures are permitted. So as to differentiate patio enclosures from fences, enclosures should have an open portion providing unobstructed entry and egress to the patio. Enclosures should be no more than "seating wall" in height, approximately 18" - 24" and limited to dimensions of patio. Enclosures should be either brick (matching the brick of the home) or wood ( natural in color or painted to match the trim of the home). Plant materials may be used in lieu of brick or wood.
Terraces and Decks: Solid or wood surfaces usually 30" above ground level or equal to the first floor of home having a crawl space. City of New Bern Ordinances require enclosures or railings be placed on surfaces 30" or more above ground. Terrace and deck sizes may vary at homeowner's discretion but must be at rear of home within extended sidelines of home. Area from ground level to terrace or deck level shall be screened.

4. TREES 

Tree removal policy:
The Architectural Control Committee must give prior approval for the removal of any tree the size of 6 inches or more in diameter, measured one foot above normal ground elevation at the location of the tree. Access form from "HOA Forms" link at the top right corner of this page or here.

(Approved by the Board of Directors at the October 24, 2019 meeting; effective January 1, 2020)

Concurrent with the removal of any tree that was visible from the street or golf course, the remaining stump must be removed or ground to grade level.  This requirement does not apply to downed trees in designated wetland areas.

5. PROPERTY MAINTENANCE

The Board of Directors, of the Taberna Homeowners Association, in accordance with the Covenants and By-Laws, has approved the following Rules. These Rules are effective on January 1, 2008.
Each Lot Owner, of an improved lot, shall be responsible for maintaining the outward appearance of their home and property in accordance with existing Community Standards, which include but are not limited to the following:

• • Edging sidewalks and curbs of each home site.
  • Removing grass and weeds growing between the cement and roadway in front of each home site.
  • Keeping grass mowed not to exceed six inches in height.
  • Removing weeds from the flower beds on a regular basis.
  • Trimming bushes and trees, on your lot, that become unsightly or cause obstructions to your neighbors.
  • Removal of trash, rocks and other unsightly debris from the grounds.
  • Maintaining waterfalls and/or bodies of water from the accumulation of pond scum, leaves and other unsightly debris.
  • Washing of the home to remove mold and grime.
  • Regular exterior maintenance of the home.

(Approved October 30, 2017; Effective January 1, 2018)

• Power washing of the driveway to maintain community appearance standards.
• Maintain outward appearance of mailboxes, including the visibility of street address numbers.

Lot Owners determined to be in violation of this regulation will receive a notice from the HOA to rectify the problem within 10 days from receipt of the letter. In the event that the Lot Owner fails to comply with the demands made by the HOA pursuant to this rule the HOA may refer the matter to the HOA Adjudicatory Panel, which may issue a fine for the Lot Owner’s violation, not to exceed $100.00 per day.

6. OUTDOOR RECREATIONAL EQUIPMENT

Location:
Trampoline, swing set, playhouse or similar equipment permitted within fence envelope per guidelines.
Recreational equipment as noted above not allowed on any golf course lot.
Basketball backboard is permitted if located on driveway pad, minimizing exposure to adjoining home.
Skateboard halfbipes are not allowed.

7. PARKING OF VEHICLES, BOATS, TRAILERS, ETC.

There has been some confusion as to the meaning of certain terms contained in Section 4(J) of the Protective Covenants for Taberna, as recorded in Book 1488, Page 565 (“Protective Covenants”). No boat, boat trailer, other trailer, camper, recreational vehicle, utility vehicle or truck (to the extent that a truck is rated as a one ton truck or larger) shall be allowed to remain on any street right-of-way or on any Lot or on any common property controlled by the Association (or any other homeowners association within Taberna) overnight unless it is enclosed within a garage that has been constructed in accordance with the provisions of these Protective Covenants, or is parked on an area owned by Declarant or the Association designated specifically for such purpose. The Board of Directors of the Taberna Homeowners Association, Inc. (“Board”) wish to resolve the confusion and implement a uniform set of guidelines by interpreting some of the terms contained in Section 4(J);

The Board hereby resolves that, for purposes of enforcing Section 4(J), the following definitions shall apply:

• The term “boat” shall include and be defined as any boat, ship, sailboat, canoe, kayak, jet ski or other watercraft designed for transport upon the water.
• The term “boat trailer” and “trailer” shall include and be defined as vehicles without motive power designed for carrying boats, property or persons wholly on their own structure and to be drawn by a motor vehicle, and including pole trailers or a pair of wheels used primarily to balance a load rather than for purposes of transportation.
• The term “camper” and “recreational vehicle” shall include All-Terrain Vehicles, House Trailers, Recreational Vehicles, Motor Homes, Travel Trailers, Fifth-wheel trailers, Camping Trailers and Truck Campers, as the same are defined and designated in North Carolina General Statutes §20-4.01 (2009).
• The term “utility vehicle” shall mean any vehicle designed and manufactured for general maintenance, security, recreational, and landscaping purposes, including, without limitation, tractors, riding lawn mowers and golf carts, but does not include vehicles designed and primarily used for transportation of persons or property on a street or highway.

The Board, in accordance with Section 15 of the Protective Covenants, does hereby promulgate the following rules concerning the parking of vehicles, other than those specified in Section 4(J) of the Protective Covenants, which covenant remains in full force and effect.

Vehicles may be parked in a driveway, on the street, or in a garage so long as the vehicle is otherwise parked in accordance with the following:

1. Owners or their agents shall park their vehicles on or adjacent to their own Lot.
2. No commercial vehicles, including, but not limited to, vehicles with a one-ton or greater rating or “for hire” vehicles such as taxis, limousines or buses, shall be parked on the street or on any Lot overnight unless the vehicles are enclosed within a garage constructed in accordance with the provisions of the Protective Covenants.
3. No vehicles containing exposed landscaping, construction, electrical, utility, or other commercial supplies, materials and/or equipment shall be parked on any Lot or on the street overnight unless the vehicles are enclosed within a garage constructed in accordance with the provisions of the Protective Covenants or the homeowner has ACC approval for construction at the Lot.
4. No vehicle shall be parked upon any street or Lot for the primary purpose of advertising a product or service, for the promotion of an event, or for the offering of said vehicle for sale.
5. No vehicle shall be parked or stored on a vacant Lot.
6. No vehicle shall remain upon a driveway or street overnight unless the same is roadworthy, currently registered, licensed and operable. Any vehicle that is not roadworthy, or is unregistered, unlicensed or inoperable may be parked on a Lot overnight so long as the vehicle is enclosed within a garage constructed in accordance with the provisions of the Protective Covenants.
7. No vehicle shall remain on a Lot or street at any time unless the same has all tires properly and firmly on the ground, except that a vehicle may remain on a jack, block, board or other device while the vehicle is actively undergoing minor repair/maintenance for a period that does not extend overnight. Major repair of vehicles is not allowed on a Lot or street except within a garage constructed in accordance with the provisions of the Protective Covenants.
8. Parking at the common Lot leading into Todd Denson Park is restricted to Taberna residents who are using the park. In no event shall vehicles be parked overnight in the common Lot leading into Todd Denson Park.
9. Lot Owners may use portable storage units for one-time moving in or out of a living unit for up to three (3) consecutive days without the permission of the Board of Directors of the Association. At no time shall a Lot owner place, or cause to be placed, a portable storage unit on any street or vacant Lot overnight.

The Board of Directors of the Taberna Homeowners Association in accordance with the Covenants and By-Laws has approved this resolution. This resolution and the attendant rules are effective January 1, 2010. Owners determined to be in violation of any of these rules will receive a notice from the Taberna Homeowners Association to rectify the violation within ten (10) days from the date of written notice. In the event that an owner fails to comply with the request made by the HOA, the HOA may refer the matter to the Adjudicatory Panel, which may issue a fine for the violation that does not exceed $100 per day. (REV. 12/09)

8. POOLS

Location:

• In-ground pools are not permitted on lots with golf course frontage.
• Above ground pools are not permitted in Taberna.
  Note: Small kiddy type wading pools are permitted providing the pools are less than 24 inches in height, have less than a 200 gallon capacity and do not require a filtration system. These pools shall be confined to the back of the yard, emptied, removed and stored when not in use.

9. PROPANE TANKS, TRASH & RECYCLABLE RECEPTACLES

Propane Tanks:

• Propane tanks should not be visible from the street or golf course (except for tanks commonly used with outdoor gas grills).  All other tanks will be either buried or screened from view.
• Screening with building materials such as brick, wood or vinyl may be used with height and width of the screening no wider or taller than necessary to conceal the tank.  Material or color used should be in keeping with the materials or color scheme of the dwelling.

        Trash and Recyclable Receptacles:

• Trash and Recyclable receptacles shall not be visible from the street or golf course.
• Outside storage of receptacles must be within a screened or enclosed area.
• Screening with building materials such as brick, wood or vinyl may be used with the height of the screening no taller than necessary to conceal the receptacle.  Material or color used should be in keeping with the materials or color scheme of the dwelling

(Approved by the Board of Directors at the October 24, 2019 meeting; effective January 1, 2020)

10. HEAT PUMPS AND WINDOW MOUNTED AIR CONDITIONERS

Heat Pumps
Owners are encouraged to screen heat pumps using screening standards noted for propane tanks.

Window Mounted Air Conditioners
Window mounted air conditioners and/or heat pumps are not permitted.

11. CLOTHESLINES - Clotheslines are not permitted.

12. TV RECEPTION EQUIPMENT

Satellite Dish:
Satellite dishes up to one meter (39.37 inches) in diameter are permitted.

Location & Screening:

1. 1. The Architectural Control Committee is responsible for supervising placement on each lot.
   2. Dish is to be located in a way to minimize the visibility of the dish from the street, golf course, or adjoining property. Wires must be as unobtrusive as possible. Ground level placement in the side or back yard is preferred. However, the dish may be located on the homeowner's property where an acceptable quality signal can be achieved. Dishes may not be placed on common property.
   3. The Committee may impose screening requirements by vegetation or otherwise as it deems appropriate.

(Rev. 8/10)

13. POLITICAL SIGNS/WELCOME HOME SIGNS

Political Signs
(Approved by the Board of Directors at the October 8, 2008 meeting; effective January 1, 2009)

The ACC Guidelines are modified as follows:
The sign policy shall be in compliance with all North Carolina and City of New Bern laws and ordinances. Thus as of January 1, 2006, political signs are allowed on individually owned lots. The homeowner/lot owner must comply with all of the related State and City laws and ordinances.

"Welcome Home Signs"
(Approved by the Board of Directors at the December 8, 2009 meeting; effective 01/01/10; distributed to all residents with the Invoice for 2010 Dues)

Taberna supports our troops and thanks them for their sacrifice. Therefore, the Board, pursuant to its rulemaking authority under Section 15 of the Protective Covenants, hereby authorizes a Lot Owner to temporarily display one (1) professionally made sign/banner on designated common property owned by the Association to welcome home a specific military family member who resides in Taberna and who is returning home from a deployment. Such sign/banner shall not exceed 16 square feet, shall be self-supporting, and shall be removed within seven (7) days of posting. The Board of Directors has designated the grass area across from the flag pole on the right upon entering Taberna as the designated site for placing a Welcome Home sign/banner. A sign/banner as described above may also be displayed on an Owner's lot for a period not to exceed seven (7) days.

14. WETLAND POLICY

Certain areas of Taberna contain wetlands as defined by Section 404 of the Clean Water Act. The location of the Section 404 wetlands, as of the date of the recordation of each subdivision plat with Taberna, shall be denoted on each of said subdivision plats. Because of the changes in groundwater or in the definition of Section 404 wetlands, or the interpretation of such definitions, the location of wetland may vary from time to time.

Wetlands perform valuable ecological and aesthetic functions. These functions include providing filters for storm water drainage and runoff, providing habitat for wildlife and promoting proper drainage. Therefore, no fill or substantial alteration of any of the Section 404 wetlands delineated on any recorded subdivision map within Taberan ashall be allowed without issuance of a permit for such activity by the State of North Carolina and the Corps of Engineers, an agency of the United States America, and without permission of the Committee, which permission shall only be granted upon a showing oaf a strong and compelling reason for such wetland fill or alternation, and which permission must be obtained prior to application for any permit authorizing alteration of such a wetland. It is the intent of Declarant to preserve as many of the wetlands as feasible within Taberna to allow such wetlands to perform such beneficial functions for the benefit of the residents of Taberna and surrounding properties. NO ALTERATION OF A WELTAND WILL THEREFORE BE ALLOWED WITHIN TABERNA UNDER AUTHROIZATION GRANTED BY ANY NATIONWIDE PERMIT WITHOUT FULL DISCLOSURE OF THE ACTIVITY TO BE UNDERTAKEN IN ADVANCE OF SUCH ACTIVITY, WHICH NOTICE SHALL BE GIVEN TO THE CORPS OF ENGINEERS, THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OF THE STATE OF NORTH CAROLINA AND THE COMMITTEE, AND WITHOUT APPROVAL OF THE COMMITTEE.

Notwithstanding the above, it is the board's desire to clarify and expand the covenants. The designated wetlands adjoining or part of owners' lots are to be protected and preserved but not necessarily expanded. Removal of wetland trees, shrubs, grasses, etc. is not permitted. To maintain such perimeter, it is permissible to spray, edge or limb up the vegetation to limit the encroachment into the improved/developed portion of the lot. Any such proposed maintenance of a perimeter shall be approved by the ACC utilizing the Architectural Change Request process. Such approval shall be in writing and may be by email, regular mail or hand delivered. Violations of these provisions shall be addressed by the procedures established for any other covenant violation. This addendum is approval by the Board October 2013 and effective January 1, 2014.

15. VEGETATIVE BUFFER POLICY

Vegetative buffers were created to provide a separation between sections of land that could have very different uses. In the case of Bradford Place, the vegetative buffer is intended to physically and visually separate the residential lots from the unzoned county land behind the lots. There are three classifications of the vegetative buffer; opaque (used for Taberna buffer), semi-opaque, and broken. The opaque buffer should have 3 trees per 100 linear feet of buffer. The visual barrier is expected to extend at least six feet above the ground throughout the year. The balance of the vegetative buffer is natural or replacement vegetation suitable for the visual opacity.

In places where the vegetative buffer has been breached or destroyed, the buffer must be re-established with plants suitable for the intended purpose. (Greg McCoy, City of New Bern, 634-4025.)

The vegetative buffer was included in the Taberna plats of Sections 37b and 38 at the request of the City of New Bern. Although the vegetative buffer may have structures abutting it, there may be nothing inside the buffer that in any way alters the intended use of the buffer.

Attachment I - Abbington Woods New Construction and Architectural and Appearance Guidelines
Attachment II - Standards for Home Additions, Conversions and Out Buildings
Attachment III - Standards for Ground Level Patios and Patio Enclosures
ATTACHMENT IV – STANDARDS FOR PROPANE TANKS, TRASH & RECYCLABLE RECEPTACLES
Attachment V - Standards for Signs (residents, builders, and realtors)
Attachment VI - Water Access Building Guidelines (09/03)
Attachment VII - Taberna Mailbox Policy
Attachment VIII - Piping of Storm Water (1/12)
Attachment IX - Location of Wells (01/12)