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Help Needed
Anyone know who I should contact about permits. We were here only 3 months in 2012 when we did a large amount of landscaping. Never thought that we needed permits. Now with home owners having to remove things done years ago, we are getting concerned. Can you tell me if we can get a permit retrospectively?
TIA |
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Yes. It is possible to get Architectural Review Committee (ARC) approval after installation, if the landscaping meets current guidelines. If it does not meet current guidelines, just be aware if someone complains about it you could be cited with a Community Standards violation. You can obtain an application at Village Community Development Districts under Community Standards menu tab. VCDD Community Standards You will need a copy of your homesite plot to accompany your application, which you can obtain from county property assessor located in the gold domed building on Powell Rd, if you're in Sumter Co.
If your landscaping meets current guidelines, I highly recommend you seek ARC approval to prevent future problems and for peace of mind. |
You said extensive landscaping. Is this just about adding/replacing some plants or did you add hardscape like walls? Remove turf for stones?
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If the landscaping meets the guidelines, you will have no problem selling the house, and nobody will be able to get you to change it by complaining. So, what would be the point of getting a permit after the installation? There are hundreds of landscaping projects in The Villages where there was no permit, and many of them are not in compliance.
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Here are recently adopted rules...I just picked District 7 as an example.
https://districtgov.org/departments/...-ARCManual.pdf A lot of info at Village Community Development Districts |
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Why would anyone advise another to just ignore the rules as if it doesn't matter. |
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:coolsmiley: Believe it or not some people like to follow the rules and that would be better than walking on egg shells for the next 7 years. |
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This is a potential mine field. If you do nothing and the landscaping is "not approved", you might be held liable by the buyer. If the buyer and their agent are on their toes, they will research all the ARC permits as well as all of the building permits.
There have been a few reports of successful retroactive approvals by ARC. IMHO, I would fill out the form, cross your fingers and hope whoever you hired was familiar with the "rules". I got stung by a landscaper that did not apply for ARC approval, I found out just as work was getting started, and applied myself. The plans were approved, so we were OK. Had a similar situation where a subcontractor did work without getting the proper electrical permit, found out 18 months later. Building department was very understanding and worked with me to remedy the situation. Hope this works out for you. |
I would suggest that, if you do decide to apply to ARC for a permit, as others have suggested, you should carefully read the application information and disclaimers. It clearly states that the permit really doesn't provide any legal or liability protection for yourself. You can get a permit, and someone can still complain about a violation, and you will still be required to fix it. And, ARC does not even inspect completed work to determine if it was done correctly. So, even timely and properly permitted work is suspect to have violations.
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While it might be nice to try to forget about it and hope nothing happens down the line...ignorance is NOT bliss. :shrug: |
I guess the real question is that, if you submit an application and it is rejected, are you willing to resubmit and redo your landscaping? If so, then go for it.
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Isn't there a statute of limitations on this stuff? I mean, if it's been 7 years, no one has complained...and suddenly someone complains and the ARC decides to make you undo the last 7 years worth of growth....
can you threaten to sue them for violating a state regulation regarding some kind of statute of limitations? I'm not saying you SHOULD sue them but - there has to be some kind of legality regarding this kind of situation. Maybe documents on landscaping permits are only required to go back 4 years, and anything older than that is considered grandfathered or something? I don't know - it just seems pretty nasty to even consider that someone *could* be put in a situation like that over a bunch of stones and a palm tree that's had 7 years of growth already. If it is just plants that were planted, I'd blame it on the squirrels and tell the ARC to take it up with them, since the homeowner never gave them permission to do the work :) |
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I hope the OP comes back to tell us exactly what this landscaping involved. If it’s just a few plants, there probably is no violation to worry about.
OTOH, If it involved structures, arbors, walls, a patio, etc. that’s another matter. In that case, OP may have been required to apply not only to ARC but to Sumter (or appropriate county) for a building permit and subsequent inspection. If the latter, I’d throw myself at the mercy of the court. It was an honest mistake. |
A few responses here demonstrate why the deed restrictions, ARC approval and the complaint systems are good for the community. There is too much "wild west", this is my property and I will do what I want attitude.
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My question is whether you need to get review for plantings or just for "permanent hardscapes" such as walls, Flagpoles etc. Everybody here buys small plants that can grow into trees. Nobody can be expected to get a permit for a seedling that grows into a tree. I was given a several seedlings as a handout on arbor day in 2007. One survived while the others were mistakenly mowed down. The survivor had reached 30 feet tall and no permit was issued. The story goes on as I found that the survivor needed to go and it is no longer existing. Again, no permit to remove. I realize that there are some limits relative to live oaks but where do the deed restrictions start and end.
If I decide to replace bark mulch with stones, do I need review? If I expand a garden into the yard, do I need a review? I know that ignorance of requirements is not an excuse, but if the requirements are not specific how are they enforced. ie One seedling into a tree in 13 years oK, but what about 5, 10, a yardful. Does anyone have a copy of this deed compliance document that they could share? I cannot find mine. Thanks. |
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I hope you know what district you live in. :ho: Also - Village Community Development Districts |
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Are you really sure your landscaper didn’t file for ARC approval in advance of the project? We used Sabrina McGowan and I know for a fact they did the required paperwork. There are a lot of fly-by-night landscapers here, but if you used one of the well known ones, they could have handled it as a matter of course. You were busy with your new home then and may not have paid attention. It was seven years ago. Have you checked with the landscaper? |
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Basically, ANY changes to the outside of the house or landscaping needs approval, changing the color of your house, painting the driveway (in some CDDs), changing landscaping, and yes to removing pine straw or mulch and replacing with stone (I have done this personally, approval required). Canopy trees over 4 inches in diameter typically require approval to be removed, this is definitely call before you cut situation to avoid a fine, palms are not canopy trees. |
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That's why I said basically, yes you are correct, adding plants you do not need to contact ARC, same for replacing plants, but the initial landscaping does require review and approval, as well as "major" changes. When in doubt, you can always call ARC and ask.
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