The ACC is appointed by the Hickory Farms Board of Directors to review applications for modifications to the exterior appearance of houses and other appearance items relevant to our community (fences, sidewalks, patios, sheds, etc.). The ACC enforces the Hickory Farms Restrictive Covenants. When you purchased your home, it came under the jurisdiction of these Restrictive Covenants, which are filed with your deed at the Fairfax County courthouse. You should have been given copies of the Restrictive Covenants, Rules and Regulations, and other relevant documents in the "VPOAA Disclosure Package" when you purchased your home. The Restrictive Covenants have been interpreted in the Rules and Regulations which were adopted by the Board of Directors and affirmed by the homeowners of Hickory Farms.
This document does not constitute a binding interpretation of the responsibilities of the ACC, the Restrictive Covenants, or the Rules and Regulations. It is the role of the ACC to interpret and rule in accordance with the Restrictive Covenants and Rules and Regulations, at the time the application is reviewed, to preserve the property values, maintain the harmony of the community, and maintain its desirability as a neighborhood in which we live.
Under the Restrictive Covenants, if the ACC has not acted upon an application within 30 days of submission, "approval will not be required and the related covenants shall be deemed to have been fully complied with." However, even though the ACC has 30 days to review the application, most requests are processed more quickly than that. Note, however, that if the application is not complete as to the information needed to evaluate the application, the ACC may request additional information. The “30 day clock” restarts when the required information is physically received by the ACC. So, make your first submission your best; it will save you time, and time the ACC members need to review your application.
Please be courteous in your dealings with the ACC. The ACC is comprised of your neighbors who are volunteering their time on behalf of our community. They deserve your respect.
Check with the Fairfax County Building Permits department (703-222-0114) to determine whether your project needs its approval. On the permit application is a note that Fairfax County approval is contingent upon approval by the applicable community association (i.e., the Hickory Farms Community Association). We recommend that you attach a copy of your ACC approval letter with your building permit application.
Fairfax County is generally concerned about the structural and zoning aspects of your project, not its appearance (color, style, etc.) The ACC, in contrast, is more concerned about the harmony of the appearance of the project with the rest of the community, not technicalities such as how deep your footings are. The ACC is not in the business of interpreting Fairfax County Code regarding your project. Even if your project is permitted by the Fairfax County Code, that does not mean that it is consistent with the Restrictive Covenants and Rules and Regulations.
This is not an all-inclusive list of the kinds of applications that the ACC reviews.
The ACC may grant a waiver to the Restrictive Covenants only where specified. Many Restrictive Covenant provisions are absolute and cannot be waived. For example, the prohibition against fences in front yards is absolute; neither the ACC nor the Board of Directors may approve a fence in front of your house.
Each ACC member reviews your application and then votes whether the proposal is consistent with the Restrictive Covenants and Rules and Regulations. A majority vote of ACC members is needed to approve the application. Most applications receive unanimous approval. The ACC usually has the final say as to approving or rejecting an application. For controversial or precedent-setting projects, however, the ACC may consult with the Board of Directors or the membership at large for a sense of the community. If an application is denied, the homeowner may appeal the decision to the Board of Directors under the Due Process Procedures that are included in the Rules and Regulations.
ACC approval is required before any construction may begin. If the homeowner begins construction without ACC approval, the ACC, through the Board of Directors and legal counsel, may, among other actions, 1) file a complaint with Fairfax County seeking a halt to construction, 2) contact the homeowner and request the homeowner to stop construction, 3) place a lien on the property, or 4) file a lawsuit in Fairfax Country court which, should the homeowner lose, the homeowner could be required to pay court costs and reimburse HFCA for its legal fees. Compliance by the homeowner is required before the property may be sold. At the very worst, the homeowner could be required to demolish the project and restore the property to a state that is in compliance before it is sold.
Only ACC approvals in writing or sent by email are valid. Oral approvals of an application are not given. Emailed approvals are effective only after the homeowner has acknowledged receipt by replying to the email.
ACC approval letters specify that the homeowner has one year to complete the project. If the homeowner has not completed the project as described in the application within that time, they must submit a new application to the ACC.
ACC approval is valid only for the project as described in the application. If the homeowner deviates from the specifications in the application, the ACC approval is not valid. The homeowner would need to submit a new application, which the ACC could reject.
If so, please note that part of your lot is considered a Resource Protection Area that borders Rabbit Run creek. A Resource Protection Area (RPA) is a corridor of environmentally sensitive land that lies alongside or near the shorelines of streams, rivers and other waterways which drain into the Potomac River and eventually into the Chesapeake Bay. In their natural condition, RPAs protect water quality, filter pollutants out of storm water runoff, reduce the volume of storm water runoff, prevent erosion and perform other important biological and ecological functions. Our Rabbit Run RPA includes all land - whether privately owned or owned by Hickory Farms Community Association - that lies within 100’ of Rabbit Run. Development in RPAs is regulated by the Chesapeake Bay Preservation Ordinance which is enforced by Fairfax County.
If you plan to make property or building modifications on a designated RPA, you may be required to submit an application with Fairfax County. Fences that do not inhibit or alter surface water flow into the creek are generally permitted. Sheds that do not require a Fairfax County building permit (no more than 250 square feet and under 8½‘ tall - check with Zoning at 703-222-1082) are also usually permitted.