ARCHITECTURAL REVIEW COMMITTEE GUIDELINES Turtle Shores Owners' Association REVISED MAY 9 th 2016

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1 ARCHITECTURAL REVIEW COMMITTEE GUIDELINES Turtle Shores Owners' Association REVISED MAY 9 th 2016 ESTABLISHMENT: The Turtle Shores Owners Association, Inc., hereinafter referred to as the 'Association' pursuant to the Declaration of Covenants, Conditions and Restrictions for Turtle Shores, as recorded in the Public Records of St. Johns County, Florida, and hereinafter referred to as the 'Declaration', hereby adopts the following Architectural Review Committee (ARC) Guidelines in order to carry out its functions and purposes as specified in the Declaration, and the Owners and Members as such terms are defined in the Declaration, as well as their families, guests, invitees, licensees and tenants shall be bound by with each term, provision and condition hereof. DEFINITIONS: All definitions set forth in the Declaration are incorporated by reference into the ARC Guidelines, as if fully set forth therein and determine the size of the committee, the committee's roles and responsibility. The Board has the sole authority to establish and amend these Architectural Review Committee Guidelines. Turtle Shores is a Registered Notice Community [RNC], which means that an Owner may obtain a building permit without the Association s ARC approval. However, the county will require that Owner execute an instrument stating that the Owner: (i) is aware that the subject Parcel is located within a Registered Notice Community; (ii) is aware that the Association claims to have Architectural Review Authority governing applicable construction performed on the subject Parcel; (iii) has elected to procure an Architectural Permit absent evidence of Architectural Approval; (iv) accepts the risk that the improvements contemplated in the Architectural Permit may violate the provisions of the Declaration for the Parcel and that the Owner may be exposed to civil liability to the Association or other owners within the Registered Community; and (v) holds the County harmless from any liability to the Owner occasioned by issuance of the Architectural Permit in the absence of Architectural Approval POLICIES: The ARC, as a decision-making committee, must conform to the Florida Statute 720. Notice of meetings must be posted 48 hours in advance and available to residents. A report of all ARC decisions will be submitted to the Board. In any case of conflict between the ARC Guidelines and the CC&Rs, the CC&Rs shall control. The majority of the ARC members shall constitute a quorum to transact business at any meeting. A committee member missing three or more monthly consecutive meetings may be replaced by a majority vote of the committee and approved by the Board. Page 1 of 8

2 DUTIES: It is the intent of the ARC to maintain the current architectural designs and landscapes that are common to the Phase in which the applicant s residence is located. The ARC is responsible for approving any changes to the exterior of a unit whether the changes are: cosmetic such as color of the unit including trim, garage doors, front doors, shutters or decorative elements, structural such as replacing siding, roofing or anything that changes the physical exterior of the house, or Landscaping that involves major changes to gardens, grading or extends onto roadway right-of-way. drainage or hardscape changes or additions also require approval APPROVAL: An owner is not permitted to make any changes to the exterior of any Unit or other improvement on the Property without the prior approval of the Architectural Control Committee of the Association. GUIDELINE 1 PROCEDURES 1.1 APPLICATION: The application, a Property Modification Request Form (PMRF), for any alteration to a Lot must be submitted unaltered and include the plans and specifications for such proposed alteration including its nature, kind, shape, height, materials, locations, architectural designs, colors and a copy of the property survey if a structural change will cause an increase in the home footprint. An application with instructions can be obtained from the Association's association manager. The ARC recommends that the applicant notify adjacent Owners of all major modifications and additions. 1.2 STANDARDS: The applications and plans submitted to the ARC shall meet the following standards: STRUCTURE: An architectural blueprint drawn to scale to include elevations, foundation and an indication of materials and colors to be specified for exterior walls, roof, windows and all exterior trim LOT LAYOUT: A suggested layout of the home on the lot drawn to scale showing suggested drainage, decks, patios, driveways and utility routing EXTERIOR MATERIAL: Samples of exterior material with specified paint or stain colors is required by the ARC. Page 2 of 8

3 1.2.4 CONTRACTOR: Homeowner must confirm that the contractor has been apprised of allowable working hours, noise control, trash clean up, gate operation, vehicle parking rules and all other applicable rules. ARC may approve port-o-lets and dumpsters for location and duration ADDITIONAL INFORMATION: The ARC may request additional documentation and/or a written or oral explanation of any proposed alteration. 1.3 SUBMISSION: All applications (PMRFs) shall be delivered to the Association's property manager, and the association manager shall login the application and forward it to the ARC chairperson CORRESPONDENCE: All ARC correspondence is sent and recorded by the association manager for the association with a copy to the ARC chairperson. 1.4 ARC TIME LIMITS: The ARC is required to act on any application for approval within thirty (30) days of the date the application is logged-in by the association manager. Failure of the ARC to meet the 30-day limit, without either a written request for additional information or disapproval, constitutes approval of the application by default. The ARC must provide a determination letter, within the above guideline, before the [alteration] construction can be performed. 1.5 RESIDENT TIME LIMITS: All approved construction/alteration work must be completed within twelve (12) months and failure to complete within twelve (12) months shall void the ARC approval. A new submission for ARC approval is required. An inspection of the alteration may be performed by the Association to ensure the alteration was completed in accordance with the approval. 1.6 APPEARANCE AT MEETING: An Owner who wishes to orally present an explanation of a proposed alteration is requested to notify the Association's manager when submitting the application. The ARC will provide any applicant with an opportunity to be heard prior to its making a decision on the subject application. 1.7 APPEAL: An Owner may appeal in writing to the Board and request an opportunity to dispute any decision of the ARC within thirty (30) days of the date of the decision by the ARC. 1.8 COMPLETION: The ARC retains the right, upon completion of a construction/alteration, to verify the project is in accordance with the approved plans and specifications. 1.9 NON-TRANSFERABILITY: The approval of an application shall not be construed as creating an obligation on the part of the ARC to approve other applications involving similar designs for different Lots in Turtle Shores. Page 3 of 8

4 GUIDELINE 2 - BUILDING AND TYPE 2.1 SQUARE FOOTAGE: No future building shall be erected, altered, or placed on any lot, other than one detached single-family residence containing not less than nineteen hundred fifty (1950) sq. ft. of livable enclosed heated floor area, exclusive of decks, open or screened porches, patios, terraces and an attached enclosed garage for not less than two (2) cars. 2.2 REBUILDING SINGLE RESIDENCE: In the event that any single residence is subsequently damaged or destroyed, nothing herein shall prohibit the rebuilding of a residence on the same Lot with at least 75% of the original square footage as the residence so destroyed, provided that the rebuilding permit process is started within twelve (12) months of destruction. In the event of damage, the Owner shall repair or rebuild said building within a reasonable time but not to exceed twelve (12) months. All debris must be removed and the Lot shall be restored to an orderly hazard-free condition within two (2) months.] 2.3 REBUILDING AFTER COMMUNITY WIDE DISASTER: In the event of a widespread natural disaster owners are required to start the rebuilding permit process within twenty-four (24) months of the date of the natural disaster. 2.4 SETBACK: The ARC may modify the following setback restrictions for an individual Lot where in its opinion and sole discretion, such modification is necessary for the preservation of trees and the maintenance of overall aesthetics in the area, provided any such setback modification is consistent with local or state requirements]. All setbacks shall be measured from the exterior wall of the Dwelling to the applicable parcel or Lot boundary. 2.5 EXTERIOR: The sidings of the residences shall be of the style and type of those already built on the majority of Lots within each Unit/ Phase of the Community. 2.6 ROOFS: Dwelling roofs shall be standard pitch with material, color and design approved by the ARC. Flat roofs shall not be permitted except for screen enclosures as approved by the ARC. Alternative roofing material may be used with ARC approval. 2.7 OUTDOOR SHOWERS: ARC approval is required: the external walls of the shower must be consistent with the residence; roofs are not permitted; an entry door is recommended; and it must not be visible from the street. GUIDELINE 3 - LAND 3.1 GRADING AND CLEARING: A Lot may be cleared or graded, including berms and major planting areas, to the extent that the ARC has approved the action. No foundation for a building shall be poured; nor shall site preparation or construction commence in any manner or respect without ARC approval. The ARC recommends the Page 4 of 8

5 layout reflect adequate provisions to protect trees and vegetation on the Lot and to provide the maximum amount of visual and acoustical privacy. 3.2 FENCES: A fence or wall (other than those for a Dwelling) may be permitted on any Lot to shield air conditioners, propane tanks and pool equipment from street view, and requires ARC approval. Note: Screen enclosures are required for all residential swimming pools in Turtle Shores. Fencing of any kind is not permitted for this purpose except for the construction phase of the pool. [Updated April 2016] 3.3 RETAING WALLS/BULKHEADS: MAY BE permitted but require ARC approval. Use of natural vegetation is recommended as appropriate barriers. GUIDELINE 4 - FLAGPOLES In accordance with the Florida Statutes, a flagpole above twenty feet [20 ], for display of the American flag requires ARC approval regarding its design, height, and location. Flagpoles may be positioned in the front or rear of the residence. GUIDELINE 5 - EXTERIOR STRUCTURES 5.1 SHEDS AND STORAGE BUILDINGS are prohibited on any Lot, i.e. no shed, shack, mobile home, trailer, or other temporary or movable building or structure of any kind shall be erected and permitted to remain on any residential Lot. 5.2 TEMPORARY STRUCTURES. ARC approved exceptions may include temporary installations/dumpsters/portable toilets used solely in connection with ARC approved construction and removed immediately upon completion of such construction. The ARC must approve the type, location and duration of any such structure prior to its installation. 5.3 ENCLOSURES. Any new enclosures require ARC approval. 5.4 PERGOLAS - Pergolas, if approved, must be integrated into the residence and may not be separate structures. ARC approval is required prior to construction of a pergola. [Addition April 2016] GUIDELINE 6 - PAINTING 6.1 COLOR: Any painting, repainting, or changes to the colors of the exterior residence walls, trim, shutters, doors, roof materials, or any other color change shall require approval by the ARC Samples of all proposed colors shall be submitted with the Variance/PMRF application for review and approval by the ARC. Colors that are Page 5 of 8

6 consistent with the colors of the neighborhood (referred to as Phases I-IV in the PUD) are strongly suggested Primary or fluorescent colors will not be approved All paint should be of a quality and type intended for exterior use and shall be a flat finish Only colors fully and uniformly covering the exterior walls are permitted on a residence. Only one color shall be allowed for the exterior walls, and no more than one (1) color shall be allowed for the exterior trim of the residence. One (1) additional accent color may be used, with ARC approval. 6.2 DRIVEWAYS: The use of paints or colored sealants on driveways requires ARC approval. 6.3 ART: Murals or any other type of artistic design may be permitted on surfaces not visible to neighbors or from the street. 6.4 TIME LIMITS: The painting of a residence must be completed within sixty (60) days. GUIDELINE 7 - PORCHES, ROOFTOP STRUCTURES AND STRUCTURAL ADDITIONS 7.1 ARC APPROVAL: All construction including installation of porches and additions must have prior written approval of the ARC. The ARC may apply certain restrictions as to the location, size, height, design and materials. 7.2 EXTERIOR FINISH: All walls and/or pillars must have a finish consistent with the exterior of the house. 7.3 ROOF DECK GUIDELINES: Deck cannot float more than one foot above the roof The sidewalls and other visible structural components of the roof deck and stairs should be colored similarly to match house or trim color Height cannot exceed 35 ft Roof deck not to exceed 200 square ft Area from roof to outer edge of deck flooring must be closed. These sidewalls may be surfaced with aluminum, wood, or stucco depending on phase Page 6 of 8

7 where the house is located. As always, permit requests need to conform to St. Johns County zoning and structural requirements Railings may be spindles, lattice or posts. Alternatively the railings may be an upward extension of the sidewalls No permanent installation of audio or video systems Exterior lighting on roof deck not to exceed 20 watts per light up to a maximum of 120 watts total Stairs to roof deck not permitted on front of property and are preferred at the rear of the house. Stairs at the side of the home may be acceptable if allowed within St. Johns county zoning and setback requirements. The first stair step must be no more than five feet from house exterior wall The owners of adjacent properties must be notified of proposed roof deck While solid roofing over the roof deck is not permitted, pergola type coverings may be constructed if allowed by St. Johns County zoning regulations. GUIDELINE 8 - WALL OR WINDOW AIR CONDITIONING UNITS/PROPANE TANKS, POOL EQUIPMENT 8.1 No window or wall a/c units shall be permitted. 8.2 All air conditioner compressors, above ground propane tanks and pool equipment shall be screened from view by an ARC approved fence, wall or shrubbery. GUIDELINE 9 - LAWN OBJECTS/STRUCTURES The placement of any object, larger than three (3) feet tall, two (2) feet wide and one (1) foot deep, external to any residence for a period of time exceeding seventy-two (72) consecutive hours requires ARC approval. GUIDELINE 10 - POOLS Pools, pumping systems, heating systems and screen enclosures require ARC approval. Screen enclosures are required for all residential swimming pools in Turtle Shores. Temporary fences are permitted only during the pool construction phase and must be replaced with a screen enclosure in a timely fashion. [Updated April 2016] GUIDELINE 11 COMPLIANCE Page 7 of 8

8 The ARC will notify the owner and the Board, through written correspondence, of any Owner s non-compliance with their submitted PMRF, or with Turtle Shores governing documents. An owner has thirty (30) days to respond to the ARC or comply. After thirty (30) days, a second notification, with a thirty (30) day response time, will be mailed to the owner and copied to the Board. Failure to comply or respond will result in the issue being forwarded to the Board for further consideration and possible legal action. Page 8 of 8