ARCHITECTURAL DESIGN & REVIEW MANUAL

Transcription

1 Ceres Gleann Homeowner s Association ARCHITECTURAL DESIGN & REVIEW MANUAL ADOPTED BY CERES GLEANN HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS CERES GLEANN HOMEOWNERS ASSOCIATION ARCHITECTURAL DESIGN REVIEW MANUAL Table of Contents INTRODUCTION 3 ARTICLE 1 COMMITTEES RESPONSIBILITIES AND POLICIES 1.01 Responsibilities Policy Committee Discretion 3 ARTICLE 2 PLAN SUBMITTAL PROCEDURES PAGE Ceres Gleann HOA Architectural Design & Review Manual Page 1 of 10

2 2.01 Procedure Standards Completion Appeal Enforcement Process 5 ARTICLE 3 DESIGN GUIDELINES 3.01 General Design Building Sites Drainage Driveways Garages Fences and Walls Porches, Decks and Patios Covered Porches, Decks, and Patio Exterior Walls Exterior Colors Roofs Poles and Antennae Climate Control Building Size House Numbers Exterior Lighting Screening from View Construction Sites 9 ARTICLE 4 REVISION OF ARCHITECTURAL MANUAL ARTICLE 5 - Revision 10 INTRODUCTION Set forth in this Architectural Design Review Manual (hereinafter Architectural Manual or Manual) are those policies, procedures and guidelines to assist the Committees (Architectural and Landscape) and property owners through the architectural review process. The powers of architectural review and control are key elements in success of every automatic-membership community such as Ceres Gleann. Properly exercised, the review and control process can create and preserve a community that is attractive, livable and prestigious. The process will help protect values. This Manual establishes standards and an orderly process for review of new construction, alterations to existing homes and detached structures. The Manual implements and supports the architectural restrictions contemplated by the recorded Covenants, Conditions, and Restrictions (hereinafter referred to as CC&R s) that binds each property owner. The Architectural Control Committee recommends that prior approval is obtained before any item is installed or placed upon a living unit or in the front of a lot. ARTICLE 1 COMMITTEES RESPONSIBILITIES AND POLICY 1) Responsibilities a) In accordance with Article 6 of the CC&R s recorded in the records of Polk County, Oregon, any Committee may be appointed by the Board of Directors whose primary duty shall be to supervise and control the external design, appearance, location and maintenance of all improvements on the Property in accordance with the provisions of the CC&R s and this Architectural Manual. Ceres Gleann HOA Architectural Design & Review Manual Page 2 of 10

3 b) In carrying out its primary duties, the Committees shall review all submittals and apply the policy, procedure, standards and design guidelines as set forth in this manual. The Committees shall keep records and shall maintain a plans file of all construction for a period of not less than two years after initial occupancy. 2) Policy a) No building, fence, patio, deck or other structure or improvement shall be commenced, erected, directed or maintained upon the property, nor shall any alteration or change in the exterior appearance or materials of any structure or improvement be made until plans and specifications have been submitted to and approved in writing by the Architectural Committee. b) The Architectural Committee will not consider or assume responsibility for the structural integrity, safety features, mechanical operation, or building code compliance of the proposed improvement or structures including those defined in Article 3 herein. General land use requirements and building codes are established by the City of Dallas, and other agencies. 3) Committee Discretion a) It is recognized that this manual does not contain specific requirements for every situation that may require Committee approval. The Committees; if necessary, will exercise discretion in many instances in approving or disapproving a specific proposal. It is further recognized that a proposal may deserve consideration on its own merit, even though it does not meet a specific standard set forth in this manual; therefore, the Committees acting jointly with the Board of Directors of the Ceres Gleann Homeowners Association, (hereinafter the Board) is authorized, and without establishing precedence, to approve a proposal notwithstanding that the proposal may conflict with a standard set forth in this manual. ARTICLE 2 PLAN SUBMITTAL PROCEDURES 1) Procedure a) All proposals for construction, alteration of any structure (temporary or permanent) or improvement on any lot (with the exception of landscaping, which must be submitted to the Landscaping Committee); must be submitted to the Committee in the form of a Complete Application at least 30 days prior to the start of the proposed construction or improvement. A complete application shall mean: (1) For New Construction (a) Two copies of construction documents, (plans and specifications) complying with the published checklists of the Committee (Exhibit A ); (b) A completed application form (Exhibit B ) along with completed checklist; and (c) Two copies of the Construction Agreement (Exhibit C ) (d) The Committee shall have thirty (30) days to review a submittal. After review, one copy of the submittal will be retained by the Committee for their files. The other will be returned to the applicant marked with one of the following: (i) Approved project approved as submitted. (ii) Approved as Noted approved contingent on applicants acceptance of conditions noted. Ceres Gleann HOA Architectural Design & Review Manual Page 3 of 10

4 (iii) Not Approved reasons for not being approved on drawings and/or forms, resubmittals required. (e) An incomplete submittal will not be reviewed and will be returned to the applicant marked Not Approved. 2) Standards a) Each Owner and/or Designer shall apply (1) the applicable PUD standards established by the CC&R s for density, building type, setback requirements, utilities and placement, and other exterior characteristics, and (2) the design criteria of this Architectural Manual which require and preserve high quality in external appearance and design, and compatibility with existing structures in Ceres Gleann. b) All plans (drawings) shall be of professional quality with sufficient detail to clearly define the proposed project. Plans for new home construction shall be designed by Architects or other professional building designers and shall also include elevation drawings of the front, sides and rear of the proposed structure. All plans will contain the name, address, and telephone number of the firm or individual responsible for creating the plans. 3) Completion a) Approved projects must be commenced within three (3) months of Committee approval. Failure to begin work may cause approval to be rescinded and resubmittals may be required. All construction shall be completed in a timely and continuous manner. b) New home construction shall be completed within nine months after issuance of a building permit and Committee approval whichever is later. Failure to complete the work within the prescribed time may result in penalties as prescribed in the CC&R s and Supplemental Resolutions. An Approved final inspection by the Architectural Committee will determine completion. The Committee may grant an extension due to extenuating circumstance. 4) Appeal a) There is no automatic right of appeal of a decision of the Architectural Committee. An applicant who so desires may petition the Board of Directors for a review of the decision of the Architectural Committee by submitting a written statement to the President or Secretary of the Board, explaining the alleged problem and the applicant s proposed solution. The President or Secretary will provide copies of the written statement to the members of the Board of Directors and the Chairman of the Architectural Committee. A majority of the Directors of the Board must agree that a review is appropriate before review may be granted. The Board will notify the applicant within 30 days after the applicant s statement is received by the President or Secretary, of the acceptance or denial of the petition and any conditions thereon. The Board may set procedural limitations for the review, including restricting the scope of the review to specific issues and limiting the time that the applicant may speak. If an appeal is granted, the appeal is subject to a two-tier appeal process as follows: i) Mediation before the Board: This process consists of a review by the Board with the participation of the applicant and a member of the Architectural Committee. Applicant may present evidence to the Board. No third-party may participate, present evidence or argument to the Board. If a satisfactory solution is not reached among the parties at this level, the applicant may petition an evidentiary hearing before the Board: Ceres Gleann HOA Architectural Design & Review Manual Page 4 of 10

5 ii) Evidentiary Hearing before the Board: The applicant may present evidence to the Board. An applicant may be represented by an attorney only at this level. The Homeowners Association may be represented by its attorney. If retention of the HOA s attorney is necessary, the Association may charge the applicant a hearing fee based upon the attorney fee charged to the Association by the HOA attorney. 5) Enforcement Process a) Committee Enforcement i) The Committee will process violations as follows: iii) ii) A Committee representative will inspect the alleged violations. If the Committee determines that the alleged violation requires corrective action, two letters (second by registered mail) seven (7) or more days apart will be sent to the violator by the Committee. The letters will clearly state the nature of the violation and the proposed corrective action to be taken. iv) If no satisfactory response is received within fourteen (14) days of the second letter, the Committee shall turn the matter over to the Board for further action as provided in the CC&R s and Supplemental Resolutions. b) Board Enforcement i) Violation of Architectural Manual rules and regulations may be reported by written complaint signed by any member of the Homeowners Association, delivered to any member of the Board of Directors for consideration at a regular or special meeting. Forms are available from Board members or in the community center. A written complaint shall be investigated by or at the direction of the Board within thirty (30) days from the date of receipt of complaint. iii) iv) ii) Upon a probable cause finding by the Board that a violation has occurred, a First Written Notice shall be sent to the violator by certified mail, return receipt requested to the last known address of the violator and shall constitute a warning to comply with the Declaration (CC&R s) and the rules of the association with thirteen (13) days from the mailing of this notice. If the violation has not been cured within thirteen days after the mailing of the aforesaid notice, a Second Written Notice shall be served upon the violator by personal service or upon an occupant over the age of 18 years, at the violator s residence. The cost of services shall be the responsibility of the violator and may constitute a lien against the violator s property. The Second Written Notice shall advise the violator that serious action, including a fine, imposition of a lien upon the violators property, the foreclosure of said lien, the imposition of attorneys fees and costs and other remedies available by law, may be taken if the violation is not cleared within a stated number of days which shall not be less than 10 days. Said notice shall advise the violator that the Board of Directors will meet on a specified date at a specified time and location to consider the violation and to assess a penalty therefore and shall invite the violator s attendance. If the violation has not been cured by the specified date, the Board shall meet in regular or special session called for the purpose of considering said violation as stated in the Second Written Notice. The Board shall hear evidence and testimony presented by or on behalf of the violator and by or on behalf of any complainant and shall thereafter during said meeting, or at a subsequent meeting called for the purpose thereof, determine by majority vote whether or not a violation continues to exist. v) If the Board finds that a violation continues to exist, the Board may refer the matter to the attorney for the Homeowners Association for mandatory enforcement through the laws Ceres Gleann HOA Architectural Design & Review Manual Page 5 of 10

6 available to the Association under Oregon Law. All costs associated with bring the violation into compliance shall be borne by the violator and shall become a lien against the violator s real property. ARTICLE 3 DESIGN GUIDELINES 1) General a) Living units shall be attractive and of a high quality architectural design that is compatible in external appearance, design and quality with existing structures in Ceres Gleann. 2) Design a) Homes with the same floor plan (including mirrored image plans) and located on the same street or within one-hundred fifty (150) feet, shall have differing front elevations features. 3) Building Sites a) All structures (living area) shall be constructed within the following setback requirements: i) Front House is18 feet from the face of the curb. Garage is 25 feet from face of curb. ii) Side 4 feet from property lines iii) Rear 12 feet from the property line 4) Drainage a) Roof gutters shall be required on all structures and must be properly drained to direct all water into the City s storm drainage system. 5) Driveways a) Driveways shall be of concrete slab construction only. The driveway surface and all flatwork on site shall be finished with exposed aggregate. 6) Garages a) A single family detached living unit shall include a garage designed to enclose a minimum of two (2) vehicles. 7) Fences and Walls a) The Architectural Committee and the Board of Directors have selected four (4) designs and materials for fences and walls that are approved for Ceres Gleann. The pre-approved designs and materials can be furnished on request. Fences shall not exceed six (6) feet in height from finish grade. In the case where the fence is also a retaining wall the measurement shall be taken from the high side. The Committee must approve all fences and walls prior to construction. Fences approved for this project are as follows: i) Black Wrought Iron ii) Split face concrete block with cap iii) Black vinyl chain link iv) Combination of split face concrete block and wrought iron Ceres Gleann HOA Architectural Design & Review Manual Page 6 of 10

7 8) Porches, Decks and Patios a) All porches, decks and patios; if approved, shall have appearance consistent with the exterior of the living unit. No porch, patio or deck in the rear of a living unit shall extend closer than four (4) feet to any boundary line of the lot. No porch, patio or deck in the front of a living unit shall extend closer than sixteen (16) feet from face of curb. Porches or decks, which are constructed above grade (off the ground), must be finished to the ground with materials compatible with the deck or the living unit and screened with landscaping. b) No porch, patio or deck within eight (8) feet of any property line of the lot shall be more than thirty (30) inches above finish grade. c) Patios shall be concrete slabs on grade, or as approved by the Committee and shall be constructed in such a manner as to prevent surface water from flowing onto adjacent lots. 9) Covered Porches, Decks and Patios a) All permanent Porches, Patio or Deck covers must be of a design that is complementary to the living unit and must be approved by the Committee. Setbacks shall be as follows: i) Rear 7 feet from property line ii) Front 18 feet from face of curb b) New Home Construction All permanent Porch, Patio or Deck covers with solid roofing must be constructed of the same materials, have the same roofing materials and the same roof pitch as the lining unit. c) Add-on Porch, Patio and Deck Covers Wherever structurally and functionally possible, all permanent Porch, Patio or Deck covers with solid roofing, shall meet the same requirements as New Home construction with the exception that the roof slope may be as low as 4 inches rise and 12 inches horizontal. All rainwater shall be collected and distributed to the City s storm drainage system. d) Sunscreens Permanent sunscreens must have no roof and shall be Professionally Designed and approved by the Committee. e) Awnings The Committee must approve all awnings. Fabric type retractable awnings must be compatible with the living unit and will be considered on a case-by-case basis. The fabric must be of a color compatible with or match the field or trim color of the dwelling unit. Fabric shall be maintained and kept presentable. f) Retractable window and patio awnings (whether temporary or permanent, fabric or solid) shall not have pole supports to the patio, porch or deck below. Ceres Gleann HOA Architectural Design & Review Manual Page 7 of 10

8 10) Exterior Walls a) The front elevation of each living unit shall have significant Architectural features that are consistent with other homes in Ceres Gleann. Approved wall materials are: wood or simulated wood products such as beveled siding, shakes, tongue and groove vertical siding, plywood board and batt and brick or stone veneer. T-1-11 or similar products are specifically not allowed as an exterior siding. Combinations of wood products and masonry are encouraged. Other siding materials will be judged on their merit after a review of samples. Side and rear elevations shall be selected from the same materials as approved for the front. Windows on exterior walls of the garage side of a living unit shall be of Rain Glass or approved alternate, with the exception of adjacent homeowner s approval. 11) Exterior Colors a) All exteriors colors must be approved by the Committee. Monochromatic or Analogous color schemes are recommended. Complementary or Triad color schemes will be considered on a case-by-case basis. Only colors in subdued or neutral tones will be considered for the field (siding) color. Bright or high intensity colors, and black, will not be permitted for the field color. Accent colors may be somewhat bolder but must be compatible with the field color. Repainting requires Committee approval. 12) Roofs a) Approved roofing material is high-end (or layered) architectural composition materials 30 year or lifetime warranty, which provides a three dimensional sculptured appearance through the use of varying thickness and shadowing. The minimum roof pitch allowable is five (5) inches rise in twelve (12) inches horizontal projection. 13) Poles and Antennae a) No basketball hoops shall be installed or maintained on any portion of the property. A flag of the United States of America shall be permitted to be displayed on any lot or living unit and shall not exceed 3 feet by 5 feet in size. Flags or banners not exceeding 3 feet by 5 feet in size that represent seasonal (holidays) or sporting events shall be permitted to be displayed on any lot or living unit for a period not to exceed 72 hours. Satellite dishes no more than twenty-four (24) inches in diameter may be installed or maintained only on the rear portion of a lot, and shall be hidden from street view, if possible. Yard art, trellis, bird feeders and similar items may be added to a lot only if they fit into the lot s landscaping plan, are in good taste and are placed in the backyard and or owner s courtyard in a way that does not materially obstruct a neighbor s view. Holiday decorations may be placed on a lot or living unit during the last week in October, the last 3 weeks of December, and the first five days of January. No exterior lighting shall be placed or operated upon or within any lot which shall, cast excessive or unreasonable amounts of light or glare on adjacent lots within the community. 14) Climate Control a) Outdoor air conditioning units shall be placed to minimize noise to adjacent living units. Ceres Gleann HOA Architectural Design & Review Manual Page 8 of 10

9 15) Building Size a) All living units shall be no higher than two (2) stories above finished grade level with a maximum height at the ridge line of thirty (30) feet as measured from the lowest point adjacent to the foundation. All homes containing 2 stories shall not have the roof or any part of the structure protruding or encroaching over property lines. No 2 story living units with windows on the upper floor shall have windows that face the back yard with the exception of golf course lots and perimeter lots adjacent to the urban growth boundary. The minimum size for living units excluding garage shall be as follows: i) Single family detached living units single story 1,200 square feet ii) Single family detached living units two story 1,600 square feet 16) House Numbers a) House numbers must be clearly readable from the street, but not so large as to be out of proportion to the structure, and compatibility to the overall design of the structure. 17) Exterior Lighting a) Type and placement of exterior lighting devices (other than low voltage) must be approved by the Committee. The concern is to eliminate glare and annoyance to adjacent property owners and passersby. 18) Screening from Views a) As used in this manual reasonably screened from public and neighboring view means the use of a form of concealment such as shrubs, acceptable tree planting or pre-approved fencing constructed by the homeowner that will prevent the object from being seen, from the vantage point of a Ceres Gleann street, sidewalk, neighboring yard (at ground level). 19) Construction Sites a) Owners, Contractors and others shall keep a clean construction site. All construction debris, lumber remnants and scrap materials shall be removed from the site after each phase of work such as foundations, floors, walls, roofs, etc., and in no case allow the accumulation of more than one week s debris. In lieu of removal from the site, the committee may authorize the use of a Dumpster if placed on the lot. Dogs, drugs, alcohol or loud radios are not permitted on the job site. Violators will be required to leave. 20) Temporary Fences a) Temporary fences must be metal and black in color and not exceed six feet in height and can be approved for a period of (2) years. 21) Hot Tub/Spa a) Only a self-contained hot tub/spa will be approved. Ceres Gleann HOA Architectural Design & Review Manual Page 9 of 10

10 22) Sidewalks a) Each owner of a lot shall construct a sidewalk along the street frontage of their lot in the location specified on the approved plans from the City of Dallas. The sidewalk shall be constructed in conjunction with the living unit and prior to the occupancy or sale of the living unit. The Declarant shall construct sidewalks on common property or where there are breaks between owner properties as is deemed applicable to the landscaping scheme of the Ceres Gleann project. ARTICLE 4 REVISION OF ARCHITECTURAL MANUAL 1) Revision a) The Board of Directors from time to time, may amend, modify or revise provisions of this Architectural Manual, including the procedures for submitting, reviewing and approval of the Architectural Committee outline herein; provided however, that no such amendment, modification, or revision shall be binding upon the owners until notice of the same has been given to the owners by the Board and no such amendment, modification or revisions shall affect structures, improvements, landscaping approved prior to the enactment of such amendment, modification or revision. Ceres Gleann HOA Architectural Design & Review Manual Page 10 of 10