ARCHITECTURAL & LANDSCAPE

Transcription

1 ARCHITECTURAL & LANDSCAPE REQUIREMENTS & GUIDELINES QUAIL CREEK AMENDED & APPROVED: November 23, 2015

2 Table of Contents DEFINITIONS... 1 ARTICLE I GENERAL INFORMATION REQUIREMENTS AND GUIDELINES THE COMMITTEE COMMITTEE ACTIONS AND PRECEDENTS JURISDICTIONS CONTRACTORS VIEWS DISPUTES ENFORCEMENT SEVERABILITY LIABILITY... 4 ARTICLE II ALC PERMIT APPLICATIONS, REVIEW PROCEDURES, AND FEES ALC Meetings PERMIT APPLICATIONS: GENERAL PERMIT APPLICATIONS: ARCHITECTURAL PROJECTS PERMIT APPLICATIONS: INITIAL LANDSCAPING PERMIT APPLICATIONS: TREES & MAJOR LANDSCAPE MODIFICATIONS COMMITTEE REVIEW APPEALS FEES... 7 ARTICLE III PENALTIES INITIAL LANDSCAPING WORK WITHOUT A PERMIT OTHER VIOLATIONS... 8 ARTICLE IV ARCHITECTURAL REQUIREMENTS AND GUIDELINES CONFORMANCE WITH ORIGINAL HOME SETBACK LINES DRAINAGE MATERIALS EXTERIOR COLORS AND PAINTING (ALC PERMIT) ROOF TILES AND COATINGS (ALC PERMIT) HOUSE NUMBERS AND IDENTIFICATION SIGNS GUEST HOUSES, CASITAS, CABANAS, AND GOLF CAR GARAGES (ALC, TOWN PERMITS) ATTACHED RAMADAS & PATIO COVERS (ALC & TOWN PERMITS) FREE-STANDING STRUCTURES (ALC, TOWN PERMITS) ARCHES (ALC PERMIT) GATES (ALC PERMIT) WALLS AND FENCES (ALC PERMIT) DEFINITIONS PATIO WALLS (ALC PERMIT) AMENDED & APPROVED: November 23, 2015 Page ii of 41

3 4.15 GARAGE ADDITIONS & MODIFICATIONS (ALC, TOWN PERMITS) DRIVEWAYS, WALKWAYS, AND PATIOS (ALC PERMIT) SWIMMING POOLS (ALC, TOWN PERMITS) SPAS (ALC PERMIT) AWNINGS (ALC PERMIT) SHUTTERS, SHADES, GOLF BALL WINDOW SCREENS, AND SUN SCREENS (ALC PERMIT) SCREEN AND SECURITY DOORS (ALC PERMIT) BARBEQUES AND GRILLS (ALC PERMIT, TOWN PERMITS) POST LIGHTS (ALC, TOWN PERMITS) EXTERIOR ILLUMINATION EXTERIOR SCONCES AND CARRIAGE LIGHTS (ALC PERMIT) FOUNTAINS AND WATER FEATURES (ALC, TOWN PERMITS) FLAGS, FLAGPOLES, AND WIND SOCKS (ALC PERMIT) EXTERIOR FIREPLACES (ALC PERMIT) BUG LIGHTS/ZAPPERS GUTTERS, DOWNSPOUTS, AND RAIN WATER COLLECTION SYSTEMS (ALC PERMIT) SOLAR PANELS/COLLECTORS (ALC AND TOWN OF SAHUARITA PERMITS) SKYLIGHTS, SOLAR TUBES DOG RUNS (ALC PERMIT) AIR CONDITIONERS AND EVAPORATIVE COOLERS (ALC PERMIT) SATELLITE DISH INSTALLATION (ALC NOTIFICATION) INSTALLATION IN ANY OTHER (NON-PREFERRED) LOCATION BIRD FEEDERS AND BIRDHOUSES SCREENING OF EQUIPMENT OBSTRUCTIONS TRELLISES AND LATTICE PANELS (ALC PERMIT) WEATHER RECORDING EQUIPMENT (ALC PERMIT) PROHIBITED STRUCTURES AND CONSTRUCTIONS COMMON AREAS, WASHES, RETENTION AREAS, RIPARIAN AREAS, GOLF COURSE, ETC ARTICLE V LANDSCAPING & DECORATION REQUIREMENTS AND GUIDELINES INITIAL LANDSCAPE PLANS PLANTS INERT MATERIALS MINIMUM LANDSCAPE REQUIREMENTS COMPLETE COVERAGE EXEMPTIONS TREES (ALC PERMIT) DRAINAGE ARTIFICIAL PLANT MATERIALS GRASS (ALC PERMIT) OBSTRUCTIONS PLANTERS (ALC PERMIT) YARD AND WALL ART EXTERIOR TILE (ALC PERMIT) ARTICLE VI MANAGEMENT OF PROJECTS RESPONSIBILITY DISPLAY OF PERMIT CONFORMITY TO PERMIT TIMELY COMPLETION STAGING AMENDED & APPROVED: November 23, 2015 Page iii of 41

4 6.6 RUBBISH AND DEBRIS CLEAN-UP ARTICLE VII MAINTENANCE RESPONSIBILITY LANDSCAPING OBSTRUCTIONS WEED CONTROL POOLS, SPAS, AND WATER FEATURES GOLF COURSE LOTS GARBAGE CONTAINERS RECORDS APPENDIX A PROHIBITED PLANTS AND TREES APPENDIX B PLANTS RECOMMENDED FOR SCREENING PURPOSES APPENDIX C WATTS VERSUS LUMENS APPENDIX D FINAL LANDSCAPE AND GRADING GUIDELINES AMENDED & APPROVED: November 23, 2015 Page iv of 41

5 DEFINITIONS ASSOCIATION shall mean the Quail Creek Country Club Property Owners Association, Inc. BOARD shall mean the Board of Directors of the Association. CC&R s shall mean the Covenants, Conditions and Restrictions of Quail Creek Country Club. ALC OR SIMPLY THE COMMITTEE shall mean the Architectural and Landscaping Committee. The term Guidelines refers to the Architectural and Landscaping Requirements and Guidelines, as approved by the Board. Unless otherwise specified, terms used in the Guidelines have the meanings described in the CC&R s. PLOT PLAN means the drawing provided to the property owner by the Developer at close of escrow that indicates the placement of the house on the lot, easements, setback lines and building envelope lines. COMMON AREAS refers generally to Association land; see CC&R s, Article 1.19 for details, and ALC Sections 1.6 and PARTY WALL is a wall or fence constructed on the common boundary between lots, parcels, or common areas. EXTERNAL ORDINANCES mean those ordinances, laws, rules, regulations, or codes established by the Federal or State Government, Pima County, or the Town of Sahuarita. AMENDED & APPROVED: November 23, 2015 Page 1 of 41

6 1.1 REQUIREMENTS AND GUIDELINES ARTICLE I GENERAL INFORMATION Quail Creek Country Club is a planned, age-restricted community whose architectural and landscape schemes reflect its location in the Sonoran Desert of Southern Arizona. In order to maintain the appearance, aesthetics, and values of the community, the ALC Requirements and Guidelines have been adopted by the Board. These guidelines are consistent with and complementary to the CC&R s. In the event of a conflict between the CC&R s and the ALC Requirements and Guidelines, the provisions of the CC&R s will prevail. (Also see ALC Article 7.1) A copy of the current ALC Requirements and Guidelines may be downloaded from the Association Website (follow the link to the Documents), or obtained at the Concierge Desk at the Madera Clubhouse. 1.2 THE COMMITTEE The CC&R s provide that the Board shall appoint an Architectural and Landscaping Committee (ALC) with broad authority to administer the CC&R s and the ALC related Rules and Requirements. The Committee s responsibilities include, but are not limited to, recommending to the Board changes in the rules and requirements; reviewing and evaluating plans for work that alters the exterior appearance of any property within the residential areas of the development; and imposing sanctions for violations of architectural or landscaping rules. The Committee is focused on assisting property owners to understand and comply with the community s requirements. Another Committee service relates to the sale of homes. Before the sale of a home can be completed, the ALC must certify the property is in compliance with the CC&R s and the ALC Guidelines. As soon as a property is listed for sale, it is recommended that the owner request the Committee conduct a compliance inspection in order to provide time to make any necessary corrections and avoid delays with the closing. Property owners are encouraged to contact the ALC either by voice mail system ( ), qcalc@robson.com, or attend an ALC meeting on Thursday morning at 8:30 A.M. AMENDED & APPROVED: November 23, 2015 Page 2 of 41

7 1.3 COMMITTEE ACTIONS AND PRECEDENTS Although considerable effort has been taken to make the ALC Requirements and Guidelines clear and definitive, they are subject to interpretations, and are of necessity incomplete. The Committee considers each project in its particular context and on its own merits. The approval of a particular project therefore cannot be taken as precedent for the approval of a seemingly similar project. There may be special or unusual cases in which a proposed project, while in compliance with the ALC Guidelines, might be denied approval by the ALC. The judgement of the Committee, considering the appropriateness of the project in the context of the neighborhood and the community, is the determining factor. 1.4 JURISDICTIONS Various Federal, State, and Local (Pima County, Town of Sahuarita) ordinances, codes, and regulations apply to properties within Quail Creek. To the extent that such external ordinances, codes, or regulations are more restrictive than the CC&R s or The ALC Requirements and Guidelines, the external standards shall prevail. To the extent that external standards are less restrictive, then the CC&R s and the ALC Requirements and Guidelines shall prevail. In particular, Town of Sahuarita building permits are required but not necessarily limited to projects involving electrical installations, natural gas lines, swimming pools, spa or hot tub installations, structural changes, exterior alterations, additions, and walls. Obtaining a Town Permit for a project does not relieve the property owner of the responsibility to obtain an ALC Permit. 1.5 CONTRACTORS The Committee recommends that property owners use only licensed, bonded, and insured contractors for all landscaping and architectural work. Indeed, state law mandates that a licensed contractor be used for any project whose cost is more than $ License status and complaint records may be obtained from the State Registrar of Contractors, or from their web site at Neither the Board, nor the ALC, has authority over any contractor, and cannot intervene if a problem or dispute arises between a property owner and a contractor. Note that in all cases it is the responsibility of the property owner to ensure the contractor complies with all relevant provisions of the CC&R s and the ALC Requirements and Guidelines. AMENDED & APPROVED: November 23, 2015 Page 3 of 41

8 1.6 VIEWS Property owners cannot expect views which exist at any particular time to remain unchanged. Views may be affected by construction and landscaping by the developer; by alterations or additions to homes; by changes to residential and common area landscaping; or by the growth of trees or other plants. Property owners are not authorized to remove or trim plants on common areas to preserve a view or for any other reason. Requests for common area landscaping work should be sent to the Director of Grounds. (Also See ALC Article 4.42) 1.7 DISPUTES In planning and executing architectural or landscaping projects, property owners are urged to take into account potential effects on neighbors and the community. In the event that a dispute arises which cannot be resolved by the parties involved, a signed written request may be made to the Committee for a review of the property. If the Committee finds that exterior modifications have been made without a required ALC Permit; that the modifications do not conform to the permit issued; that prohibited plants have been used; or that there are other violations of the CC&R s or the ALC Requirements and Guidelines, then the Committee shall impose appropriate sanctions and take corrective measures. The ALC nor the Board will be a party to any dispute. 1.8 ENFORCEMENT The ALC, Patrol, and the Board are authorized to investigate possible violations of the CC&R s and the ALC Requirements and Guidelines, and impose sanctions as provided. In particular, work may be stopped on a project at a residence where a current ALC Permit, if required, is not displayed in a window visible from the street. 1.9 SEVERABILITY If any provisions of the ALC Requirements and Guidelines are ruled invalid, the remaining provision shall remain in full force and effect LIABILITY ALC approval of an application does not imply that the plans and specifications comply with engineering design practices or external ordinances, or that construction according to the plan will not interfere with or disturb existing underground utility lines. By approving a plan, neither the ALC nor the Association assumes responsibility or liability for any defect in a structure or project constructed from such a plan. (See CC&R s Articles 5.4 and 11.11). Neither the ALC nor the POA are responsible to determine proper drainage and/or slope. AMENDED & APPROVED: November 23, 2015 Page 4 of 41

9 ARTICLE II ALC PERMIT APPLICATIONS, REVIEW PROCEDURES, AND FEES 2.1 ALC Meetings The ALC meets weekly to talk with property owners about proposed projects and to consider formal applications for permits. The meeting schedule and location can be obtained at the Concierge Desk in the Madera Clubhouse. The property owner or a designated representative (often the contractor) must be present at the meeting when an application is reviewed in order to answer questions or make necessary changes to the plan. It is highly recommended that the property owner be present even if the contractor presents the plan. In any case, it is the responsibility of the property owner to ensure the project conforms to and is executed in accordance with the provisions of the ALC Guidelines, the CC&R s, and external ordinances. 2.2 PERMIT APPLICATIONS: GENERAL ALC approval is required for work that in any way alters the exterior appearance of property within residential areas of the development. (See CC&R s Article 11.3) As noted in the ALC Guidelines there are some small projects for which the Committee has elected to grant approval without prior review. Property owners are advised to consult with the Committee about necessary permits and approvals for a project. No applications will be considered before the close of escrow. ALC permits for projects requiring Town of Sahuarita permits will not be issued until copies of the Town permits are provided to the ALC. Permit application forms are available at the Concierge Desk in the Madera Clubhouse and on the website. They can also be obtained on Thursday by the sign-up sheet. The application form needs to be completed PRIOR to meeting with the Committee. Note that the form must be signed by the property owner. The application form, with two copies of the detailed plans for the project, and any required supporting documents, must be submitted to the Committee. The Committee reserves the right to reject the application or delay consideration of it, if the application materials are incomplete. AMENDED & APPROVED: November 23, 2015 Page 5 of 41

10 2.3 PERMIT APPLICATIONS: ARCHITECTURAL PROJECTS Applications for construction or modifications of structures must include a copy of the developer s original plot plan for the property and a current site plan. The site plan must include driveway and sidewalk widths, planters, grading and drainage, utility enclosures, exterior lighting (size and type), mechanical equipment location, and any screening for air conditioning and other mechanical equipment. The site plan must also include the location and nature of the proposed addition or modification. There must also be plans, specifications, and working drawings for the project. The drawings must be of sufficient detail for the Committee to be able to determine whether the project meets the provisions of the CC&R s and ALC Guidelines, to assess the project in its context. Plans for the construction of a casita, for example, would include floor plans indicating dimensions and types of materials; exterior elevations, indicating types of materials and colors (include sample) of exterior surfaces; and a roof plan indicating type and color of material, and heights of parapets, if any. Walls shall include working drawings which show the footing size and rebar placement. (Also See ALC Article 4.13) 2.4 PERMIT APPLICATIONS: INITIAL LANDSCAPING The initial landscape plan should include a copy of the developer s plot plan for the property, and a drawing to scale (one-eighth recommended) showing the type, color and size of inert material to be used; the locations and heights of mounding or berms; the drainage plan for the property; the locations, size, construction, and color of any walls or fences; description of plants and trees (scientific and common names, container size) and location of all plant materials (at mature size), and the nature and location of the required screening of air conditions and other mechanical equipment. Homeowners, as of December 1, 2010, shall assure that all irrigation valves and pressure regulators are installed on the opposite side of the drainage swale away from the house. These devices shall not be installed between the house and the drainage swale. Permit requests for landscaping new homes shall show locations of drip irrigation systems, valves, regulators and backflow prevention devices. As-built drawings showing the locations of the entire irrigation system and all changes made to positive drainage shall be provided by the homeowner to the ALC before final inspection by the ALC. (See Appendix D) AMENDED & APPROVED: November 23, 2015 Page 6 of 41

11 2.5 PERMIT APPLICATIONS: TREES & MAJOR LANDSCAPE MODIFICATIONS A permit application should include a sketch of the property showing the location of tree(s) and all plants. It should also show the proposed type (scientific and common names). An ALC permit is generally not required for minor landscaping changes, but when major modifications are contemplated, the application should be similar to that for the initial landscaping. Volunteer trees, cacti, and native plants that sprout from seeds must be approved for type and location, if these are to be retained in the landscaping. The ALC makes notations on the landscape plan to note these changes to keep the landscape plan current. (Also See ALC Articles 5.7 and 7.4) 2.6 COMMITTEE REVIEW The Committee will review a permit application for conformance to the CC&R s and the ALC Guidelines. It will also consider the proposed project in the context of the appearance, aesthetics, and values of the community. The Committee may approve or disapprove the entire application as submitted, approve the application with specified changes, or approve only a part of the application. In many cases, the Committee can reach a decision during the meeting at which the application is presented, but in other cases, the Committee may need to make a site visit or obtain additional information. For projects that are approved, approved with modifications, or partially approved, the Committee will give the property owner a copy of the application form and the accompanying plans and documents with appropriate notations to show exactly what has been approved. The Committee will retain a copy for its records. The Committee will issue the appropriate Green Sheet Permit which must be returned to the Concierge Desk at the Madera Clubhouse at the completion of the project. 2.7 APPEALS A property owner may appeal to the Board to review a decision of the Committee, including appeals of fines and other sanctions. The appeal must be submitted in writing to the Board and will be heard in accordance with Quail Creek Rules, Article FEES The ALC permit fee is $ Once this fee has been paid, there is no additional fee for permits issued during the subsequent one year period. In the case of a retroactive application (an application submitted after work has been started), the permit fee may be $ regardless of whether another permit was issued during the previous year. AMENDED & APPROVED: November 23, 2015 Page 7 of 41

12 3.1 INITIAL LANDSCAPING ARTICLE III PENALTIES In the event that an initial landscaping plan acceptable to the ALC has not been submitted within 75 days after the close of escrow, the Committee may refer the matter to the Board who has the authority to select and install landscaping at the property owner s expense. (See CC&R s, Article 4.2.4). If the initial landscaping is not completed by the required 90 days after the close of escrow or the date set by the Committee, in the case that an extension has been granted (See ALC Guideline Article 6.4), the ALC may assess the property owner a fine of $ If the work is not complete within the subsequent 30 day period, an additional $ may be assessed. If the landscaping is still not complete 60 days after the required date, an additional fine of $ may be imposed and the matter will be referred to the Board for further action. 3.2 WORK WITHOUT A PERMIT When an ALC Permit is required for a project, and work on the project is begun before the Committee has received or approved the application, the work will be stopped until a permit has been issued and a fine of $ may be assessed. The Committee shall also specify appropriate corrective action for any completed work not subsequently approved. Note also the increased permit fee for a retroactive application. (See ALC Article 2.8). 3.3 OTHER VIOLATIONS For other violations of the Architectural Landscape Requirements and Guidelines, and the CC&R s, as they pertain to ALC issues, the property owner will be sent, by first class mail, a notice giving details of the violation. Within 10 working days of the date of the notice, the property owner must either bring the property into compliance or arrange with the ALC a reasonable course of action to correct the violation within a specified time frame. Failure to act as required within the 10 day period may result in a $ fine. The ALC may also refer the matter to the Board who has the authority to have necessary corrective work done at the property owner s expense. AMENDED & APPROVED: November 23, 2015 Page 8 of 41

13 ARTICLE IV ARCHITECTURAL REQUIREMENTS AND GUIDELINES 4.1 CONFORMANCE WITH ORIGINAL HOME The design, style, detailing, materials, and colors of all exterior modifications shall conform to those of the original home. 4.2 SETBACK LINES All additions to a home, and other structures such as, but not limited to swimming pools, ramadas, pergolas, gazebos, kivas, fireplaces, etc., shall be built within the setback lines shown on the plot plan provided by the developer at the time of original purchase. 4.3 DRAINAGE The developer has graded each lot to drain away from the house in all directions toward the street (positive drainage). When any exterior additions, alterations, or renovations are made to an existing home, the established positive drainage to the street shall not be altered. All roofs shall drain to the ground within the deeded lot area. All lot drainage must be away from fire hydrants, meter boxes, and utility pedestals. Dirt finished grade shall be no more than 2 inches below the curb or sidewalk prior to the placement of inert landscaping materials. (Also See ALC Article 5.8, APPENDIX D and CC&R s ) 4.4 MATERIALS All materials used in additions, alterations, or renovations shall conform to those used by the developer. The ALC may approve substitute materials that, in its judgment, are compatible with the Sonoran Desert themes of the community. 4.5 EXTERIOR COLORS AND PAINTING (ALC PERMIT) House, trim colors, and schemes must be consistent with those established by the developer to define the community s Sonoran Desert exterior color theme, and must be compatible with the color of the roof. Entry doors are generally painted to match a trim color, but variation may be permitted. All colors, other than the original color, shall be those currently in use by the Developer for private homes. A copy of the approved colors and schemes and paint book samples are available, and can be signed out at the Concierge s desk. There is a thirty dollar ($30.00) cash refundable deposit required. If the paint sample books are returned in good condition and none of the pages are missing the deposit will be refunded. AMENDED & APPROVED: November 23, 2015 Page 9 of 41

14 AN ALC PERMIT IS REQUIRED PRIOR TO PAINTING EXTERIOR WALLS, TRIM, OR DOORS EVEN WHEN NO COLOR CHANGES ARE BEING MADE. AS PART OF THE PERMIT APPLICATION, THE PROPERTY OWNER MUST PROVIDE THE COMMITTEE WITH PAINT COLOR SAMPLES. 4.6 ROOF TILES AND COATINGS (ALC PERMIT) An ALC Permit is required for any change in the color of the roof tile or roof coatings. White roof coatings are not allowed on areas readily visible from the street, the golf course, or neighboring property. 4.7 HOUSE NUMBERS AND IDENTIFICATION SIGNS For safety purposes, house numbers will be installed in a conspicuous place on the front of the home to be clearly visible and legible from the street. Property owners may substitute other materials or colors, but the numbers must be close to the same size as those provided by the developer. In addition to the number on the front of the house, a single personal sign, no larger than 12 inches by 20 inches, showing the name of the owner and/or the address of the property may be placed in the front yard or on the front of the house or garage. The finish on these signs may be black, brass, bronze, or a combination thereof. Signs may also be made of etched stone. They shall be placed no higher than necessary for visibility. Signs shall not be made of wood. 4.8 GUEST HOUSES, CASITAS, CABANAS, AND GOLF CAR GARAGES (ALC, TOWN PERMITS) The guest house, casita, cabana, or golf cart garage must be constructed within the specifications of the developer. If placed in front of the house, the new structure may extend no more than 15 feet in front of the existing structure and must be entirely within the setback lines shown on the developer s plot plan. (Note: Town of Sahuarita codes prohibit kitchen facilities in guest houses or casitas). 4.9 ATTACHED RAMADAS & PATIO COVERS (ALC & TOWN PERMITS) Attached ramadas, patio covers, and other similar structures must be constructed of finished lumber or wood grained materials, and shall be finished or painted to match the color of the house. If a tile roof is used, it must match the existing house tile. Pillars must be placed within the setback lines shown on the developer s plot plan but the overhang may extend up to 3 feet into the setback or 5 feet for homes bordering a golf course or a common area. The height of such structures shall not exceed that of developer-installed patio covers, which is generally the lowest point of the eaves. AMENDED & APPROVED: November 23, 2015 Page 10 of 41

15 4.10 FREE-STANDING STRUCTURES (ALC, TOWN PERMITS) The construction of free-standing structures, such as gazebos and detached ramadas, is permitted in the rear yard only. Such structures must be constructed of finished lumber or wood grained materials, and shall be finished or painted to match the color of the house. Pillars must be placed within the setback lines shown on the developer s plot plan, but the overhang may extend up to 3 feet into the setback or 5 feet for homes bordering a golf course or a common area. The height of the structure must not exceed the height of developerinstalled patio covers ARCHES (ALC PERMIT) Arches shall be constructed of concrete block and shall be stuccoed and painted to match the house. The outside contour of an arch may be curved or angular/square, provided the structure is proportionate with the house. The arch must be attached to an existing wall. Freestanding arches are prohibited. Normally, the maximum inside width of an arch is 5 feet, the maximum height (from grade on the outside) is 8 feet, and the maximum thickness of arch legs is 16 inches. The Committee may allow exceptions to these maximums in particular cases. Some arch construction projects may also require a TOWN OF SAHUARITA PERMIT. In other cases, the Committee may require certification of the structural soundness of the design by a licensed professional GATES (ALC PERMIT) Gates must be constructed of wrought iron, and shall be black or a color compatible with that of the house. When an existing wooden gate is replaced, it must be replaced with one of wrought iron. Metal screening fabric, or metal panels on gates shall match the gate color. Ornamentation on gates must be permanently affixed and painted to match the color of the gate. Generally, gates should be no higher than the adjoining return wall or pony wall. Arches are allowed on gates, but the normal maximum height of the arch on the gate shall not exceed one (1) foot above the adjoining return wall or pony wall, unless rounded to match any approved arch enclosure. AMENDED & APPROVED: November 23, 2015 Page 11 of 41

16 4.13 WALLS AND FENCES (ALC PERMIT) All walls and/or modifications thereof require an ALC permit. DEFINITIONS Party Wall shall mean a wall, including the footer which straddles the boundary line separating adjacent residential lots, parcels, common areas, or other areas in Quail Creek. This wall requires the written agreement of the adjacent property owner. Such agreement must be attached to the Permit Application. Party walls must comply with Section of the CC&R s. Perimeter walls must comply with Section of the CC&R s. Non-Party Wall shall mean a wall, including the footer which is constructed entirely inside one s own boundary line separating lots, parcels, common areas, or other areas in Quail Creek. This wall does not require the written permission of the adjoining property owner. However, all walls or fences that will connect to an existing non-party wall requires the written agreement of the adjacent property owner. Such agreement must be attached to the Permit Application. Such walls or fences not requiring written permission of the adjacent owner must leave a gap not to exceed one-half (1/2) inch. Retaining Walls are those constructed along a slope in order to hold back or support the earth in the slope. If it is to be built straddling the property line it is a party wall which requires the written agreement of the adjacent property owner. Such agreement must be attached to the Permit Application. Return, Screening or Courtyard Walls are those that connect any of the above walls to the residence. A weep hole is required at the bottom of solid return walls to allow for proper positive drainage to the street. Trash Receptacle Screening Walls are those walls located within the homeowner s property line to hide trash receptacles from view. Courtyard Walls are walls used to construct open space surrounded by walls and the house in the front yard of the lot. Walls/fences between adjacent lots or tracts must be built of Santa Rosa color slump block, of black wrought iron with Santa Rosa color slump block pillars located at least every 12 feet along the fence, or an appropriate mixture of the two styles. Wrought iron fencing shall be placed on top of no less than a normal wall footing and a minimum of two (2) tiers of Santa Rosa color slump block showing above ground level. Wrought iron fencing is restricted to property adjacent to a common area, wash area, retention area, riparian area, and golf course. (See ALC Article 4.42) AMENDED & APPROVED: November 23, 2015 Page 12 of 41

17 Use of wrought iron between adjacent residential lots is permitted only with the written agreement of the adjacent property owner. Such agreement must be attached to the Permit Application. Addition to or modification of an existing party wall between lots requires the written agreement of the adjacent property owner. Such agreement must be attached to the Permit Application. Weep holes shall not be allowed in any wall facing an adjoining property, common area, wash, retention area, riparian area or golf course. (See ALC Article 4.42) Walls or fences separating lots may be as high as five (5) feet. Also, Town of Sahuarita codes relating to swimming pools and large spas require a 5-foot fence. If a permit is requested in anticipation of installing a swimming pool or large spa, the Committee will require copies of the necessary Town permits and a signed contract with a pool or spa contractor. Return walls and courtyard walls shall be constructed of Santa Rosa color slump block, or concrete block stuccoed and painted to match the house. In Units 1, 4, 6, and 8 only, the color of slump block walls shall be considered on a case- bycase basis in order to minimize the differences in color and block size. Every effort will be made to present a uniform appearance along streets and the golf course. Additions to or modifications of walls built by the developer adjacent to common areas or golf courses shall use masonry matching that used by the developer and be painted, or stuccoed and painted, on both sides to match the existing wall. Any such wall modification requires the written agreement of the Quail Creek Property Owner s Association. Such agreement must be attached to the Permit Application. All walls except courtyard walls require a zoning clearance from the Town of Sahuarita and 5 Ft walls require a Town of Sahuarita permit. (Also see ALC Article 2.3) The QCALC recommends that all walls separating two lots be built as party walls. Residents are encouraged to talk with their neighbors before building a wall PATIO WALLS (ALC PERMIT) Front patio walls shall be constructed of Santa Rosa color slump block or concrete block finished with stucco and painted to match the house. Stone facing consistent with the design of the house or a brick cap may be used. Front patio walls may extend no closer to the street than 15 feet from the top of the curb, and shall not be more than forty-eight (48) inches in height above grade measured from the street side. AMENDED & APPROVED: November 23, 2015 Page 13 of 41

18 4.15 GARAGE ADDITIONS & MODIFICATIONS (ALC, TOWN PERMITS) Garages may not be converted for any use other than that for which they were originally intended. Garages, roofs, and door frames may not be modified to accommodate motor homes or other large vehicles. Driveways and garage floors are not to be lowered. Garage extensions and other modifications must be entirely within the setback lines shown on the plot plan DRIVEWAYS, WALKWAYS, AND PATIOS (ALC PERMIT) Driveway coatings, other than a clear non-glossy sealant are not allowed. Driveway extensions may be constructed of concrete or pavers. Pattern design must be unobtrusive. Extensions to the sides of the driveway must include extensions of the existing utility PVC pipe for irrigation lines installed under the driveway and must extend no less than one (1) foot past the extensions. Repairs must be finished to match the appearance of the surrounding areas. Coatings for walkways and patios must be approved by the ALC. The use of concrete pavers for residential driveways will be allowed with the following provisions: Existing driveway concrete and sub-grade soil to be removed Suitable compactable material shall be installed as a sub-base for the concrete pavers at a minimum of 8 depth and compacted per interlocking Concrete Pavement Institute standards (ICPI) A bedding sand of ¾ to 1 ½ shall be installed over the compacted sub-base Installation of edge restraints in the form of a mortared concrete paver is required to minimize lateral movement The pavers should not interfere with the natural drainage of the lot to the street. The concrete pavers shall be of an approved color and texture. The use of clay pavers will not be permitted SWIMMING POOLS (ALC, TOWN PERMITS) In planning a pool installation, every attempt must be made to minimize noise transmission from pool pumps to adjacent properties. Pumps and related equipment may not be placed between houses, or between a house and the party walls, unless the adjacent area is a common area. The pumps shall be located as far as possible from buildings and cannot be attached to a party wall. Pool pumps must be screened from street and/or golf course views. Town of Sahuarita codes relating to swimming pools and large spas require a 5-foot fence. AMENDED & APPROVED: November 23, 2015 Page 14 of 41

19 4.18 SPAS (ALC PERMIT) Above ground spas may not exceed 42 inches in height, and must have locking covers. Inground spas, or any spa exceeding 8 feet in any dimension are subject to Town of Sahuarita codes regarding walls/fencing for swimming pools. (See ALC Article 4.13). Any external pumps and related equipment must be screened from street and/or golf course views. Pump equipment will be placed in accordance with the rules for swimming pool requirements. (See ALC Article 4.17) AWNINGS (ALC PERMIT) Awnings must be made of a solid color fabric approximating the color of the house, trim, or roof tile. They may be of a slanted or rounded style. The awning must be no more than 6 inches wider than the window. Supporting parts for fixed window awnings may project no more than 4 feet from the house. Retractable awnings are restricted to the rear of the house SHUTTERS, SHADES, GOLF BALL WINDOW SCREENS, AND SUN SCREENS (ALC PERMIT) Exterior roll-down shutters, shades, golf ball window screens, and sun screens normally are limited to the side or rear of the house. They must be a solid color compatible with the color of the house or trim, but roll-down sun screens may be black. When roll-down screens are lowered they must be secured. Exterior shades made of plastic reed or bamboo are prohibited SCREEN AND SECURITY DOORS (ALC PERMIT) Screen and security doors must be constructed of wrought iron or steel. Such doors, and any attached ornamentation, must be black, dark bronze, or the same color as the exterior door, house, or trim. Traditional wooden or aluminum storm doors are not permitted BARBEQUES AND GRILLS (ALC PERMIT, TOWN PERMITS) Fixed barbeques and grills may be placed only in rear yards and may not exceed 5 feet in height above grade. Surrounds are normally constructed of concrete block stuccoed and painted to match the color of the house. (Note: Natural gas, electric, and plumbing installations require a TOWN OF SAHUARITA PERMIT). Prefabricated BBQ islands shall be treated the same as a fixed BBQ and grill. Portable BBQs and grills do not require an ALC Permit. AMENDED & APPROVED: November 23, 2015 Page 15 of 41

20 4.23 POST LIGHTS (ALC, TOWN PERMITS) In consideration of the nearby Whipple Observatory, the Pima County outdoor lighting code Ordinance and the Sahuarita outdoor lighting code 2004 Edition, post lights are not recommended. If used, a single post light may be placed in the front yard at least 8 feet from the curb. The maximum allowable height of any such light is 8 feet. The pole must be either black, or the same color as the house. The surmounting fixture may be black, brass, or the house color. The fixture must employ frosted and/or shaded glass. The total light output of all bulbs in a fixture must not exceed that of one frosted 30-watt incandescent bulb. (See Appendix C of the ALC Guidelines and Regulations). The design must ensure that light does not shine skyward EXTERIOR ILLUMINATION The use of low-voltage lighting along walkways and driveways, around patios, and for tree or mood lighting does not require an ALC permit. Color lighting is not permitted. Any lighting directed upward must not create undue glare to neighbors and/or toward the street. Continuous exterior illumination, front or rear, except for low voltage landscape lighting is prohibited. Exterior floodlights are to be used for only a few minutes at a time, and may not be used to illuminate the landscaping or patios. They should not be controlled by motion detectors EXTERIOR SCONCES AND CARRIAGE LIGHTS (ALC PERMIT) Exterior sconces and carriage lights must be consistent with the community s Sonoran Desert theme and of approximately the same size as those provided by the developer. The total light output of each fixture must not exceed that of a single frosted 30-watt incandescent bulb (See Appendix C of the ALC Guidelines and Regulations). If the glass is not frosted or shaded, the bulbs must be deflected with proper shields so the glare does not shine onto the neighboring property, street, golf course or common property FOUNTAINS AND WATER FEATURES (ALC, TOWN PERMITS) Fountains and water features, are not to exceed 5 feet in height above grade level, may be placed in the rear yard or a front courtyard (a space enclosed by house and pony walls). External pumps must be located to minimize noise transmission to adjacent properties and screened from street and/or golf course views. (See ALC Article 4.37) Electrical wiring for fountains and water features must be buried underground and a GFI outlet is required. AMENDED & APPROVED: November 23, 2015 Page 16 of 41

21 4.27 FLAGS, FLAGPOLES, AND WIND SOCKS (ALC PERMIT) Two flags, of maximum size 3 feet by 5 feet, may be flown simultaneously. One permanent flagpole may be located at least 10 feet from the street and from other lots. The flagpole shall be no higher than the roof or parapet line and no taller than 20 feet. It must be a natural silver color, black metal, dark bronze or white fiberglass. If illumination of the flagpole is desired, low voltage lighting must be used. Flags flown temporarily from removable poles attached to the house do not require a permit. At most two (2) windsocks may be flown simultaneously. Windsocks are considered a form of yard art. Windsocks or flags that are judged by the ALC to be non-conforming must be removed immediately. (See ALC Article 5.13) 4.28 EXTERIOR FIREPLACES (ALC PERMIT) Permanently installed exterior fireplaces, beehive fireplaces, kivas, chimineas, and fire pits shall be constructed of brick or concrete block painted to match the color of the house. They shall not exceed five (5) feet in height above grade and may be placed only in rear yards. New installations shall be gas. The desert climate and presence of dry and flammable plants can produce dangerous fire conditions. Such fires must be carefully supervised as you may be personally held responsible for any damages caused by your negligence. Outdoor residential fires are permitted only in fireplaces, kivas, fire pits, and similar structures approved by the Architectural and Landscape Committee (ALC). All existing approved wood burning devices must be equipped with a spark arrestor. Burning of brush, leaves, yard waste, trash construction waste, or other debris is prohibited. Use of existing wood burning devices is discouraged BUG LIGHTS/ZAPPERS No more than two bug lights/zappers are permitted. They must be located in the rear of the property, and must not be located more than 6 feet above grade level unless they are hung directly from the eaves of the roof. Care must be taken to avoid creating a glare or light source that invades neighboring properties or the street. AMENDED & APPROVED: November 23, 2015 Page 17 of 41

22 4.30 GUTTERS, DOWNSPOUTS, AND RAIN WATER COLLECTION SYSTEMS (ALC PERMIT) The color of gutters and downspouts must blend with the color of the house or the roof tile. Also see APPENDIX D Tanks for a rain water collection system must not exceed 5 Ft high, 2 Ft wide, and 6 Ft long, and must be screened from view of the street, golf course, and neighboring properties. (See ALC Article 4.37). Larger tanks must be buried. Piping must be painted the same color as the house SOLAR PANELS/COLLECTORS (ALC AND TOWN OF SAHUARITA PERMITS) Solar panels/collectors should be mounted as flush as possible to the roof. All exterior plumbing and electrical lines must be painted to match the color of the walls and should match the adjacent roof material. Ground mounted solar collectors must be located within the setback lines shown on the plot plan. They must be screened from view of the street, golf course, and neighboring properties. (See ALC Article 4.37) 4.32 SKYLIGHTS, SOLAR TUBES Skylights and solar tubes may be installed without an ALC Permit, but property owners should be aware that such an installation may invalidate or substantially alter the roof warranty DOG RUNS (ALC PERMIT) Dog runs must be placed in the rear or on the side of the house. They must be constructed of Santa Rosa color slump block, or of concrete block stuccoed and painted to match the house color, and may not have a concrete slab as a base. They must not be higher than 4 feet or the height of an existing party wall. Extreme care must be taken to control odors and noise AIR CONDITIONERS AND EVAPORATIVE COOLERS (ALC PERMIT) Air conditioners installed by the Developer must be screened from street and/or golf course views and must not be visible above the top of any wall. (See ALC Article 4.37) All air-conditioning units and evaporative coolers installed by property owners must be ground mounted on a concrete base, with the top of the unit no higher than 4 feet above grade level. All units must be screened from street and/or golf course views (See ALC Article 4.37). Portable window type units are prohibited from use in any structure, including installation in a window, through a wall, or mounted on the ground. AMENDED & APPROVED: November 23, 2015 Page 18 of 41

23 4.35 SATELLITE DISH INSTALLATION (ALC NOTIFICATION) Necessary forms are available at the Concierge Desk. Satellite Dishes should be installed in an unobtrusive manner and shielded from view of the street, the golf course and common areas, including walking paths, to the maximum extent possible. To this end, the ALC has established four criteria for determining a preferred location for satellite dishes. These criteria are as follows: 1) Located in the rear or side yard of the property. 2) Attached to a mast, masonry wall, or the home. 3) No higher than four (4) feet above the ground at top of the satellite dish. 4) Screened from external view by masonry walls or shrubbery. 5) May be required to be painted to match the color of the home or masonry wall depending on installation. This includes all brackets, installation devices, and wiring. Satellite Dishes and antennas must be installed in accordance with the Telecommunications Act of INSTALLATION IN ANY OTHER (NON-PREFERRED) LOCATION Action requires an ALC Permit. If a rear or side yard location does not allow reception of an acceptable quality signal, the homeowner is required to provide written proof of that fact to the ALC along with a description/picture of the least obtrusive non-preferred location that will give acceptable reception. The ALC can and does approve non-preferred locations when supported by proof of necessity. Please Note: When a satellite dish is not installed in a rear or side yard location or another location approved by the ALC, the Homeowners Association may require the homeowner to relocate it. The ALC does not issue permits for the installation of satellite dishes. The above criteria is expected to be followed. Devices for 2-way fixed wireless internet broadcasting, amateur Ham radios or citizen s band (CB) radios are prohibited. The installation of more than one satellite dish requires an ALC Permit. AMENDED & APPROVED: November 23, 2015 Page 19 of 41

24 4.36 BIRD FEEDERS AND BIRDHOUSES Bird feeders, birdhouses, and other similar items may not be mounted higher than 6 feet above grade, and must be placed in the rear of the property, entirely within the lot lines, and not on party walls. When the property owner is not in residence or when such items are no longer in use, they shall be removed. Placement in common areas is prohibited. A maximum of two feeders/houses are allowed per residence to limit the potential of creating a nuisance to the neighboring properties (spilled seed may attract rodents and snakes). Hummingbird feeders are not included in this maximum. An ALC Permit is not required. Seed blocks are not allowed SCREENING OF EQUIPMENT Several of the ALC Guidelines require that various structures be screened from view of the street, golf course, and/or neighboring properties. Such screening may be accomplished by walls or by plant materials. Walls shall be constructed of Santa Rosa color slump block, or concrete block stuccoed and painted to match the color of the house. Walls should be high enough to provide the required screening. If plant materials are used, they must be of adequate density to accomplish the screening, must provide year-round screening, and must reach sufficient size to effect complete screening within 18 months. Plants that become dormant in the winter are not suitable. (See Appendix B of the ALC Regulations and Guidelines for ALC recommendations of plants to be used for screening) OBSTRUCTIONS In planning construction projects, consideration must be given to allow appropriate access to areas that have water or electrical meters, electrical or cable boxes, or similar structures TRELLISES AND LATTICE PANELS (ALC PERMIT) Trellises and lattice panels may be used to support plants. They must be flat, and placed parallel to and be securely attached to a wall. They must not extend above the eave or gutter line if mounted on a house wall (maximum height 8 feet for a Santa Fe style house), and must not extend past the top of a party wall. Trellises and lattice panels must be black or a color compatible with that of the home. Panels shall not be placed near an exterior corner at the front of the house or project beyond the corner. Free-standing trellises, lattice panels, arches, or arbors are not permitted. Lattice panels and similar structures used for shade or privacy must match the color of the house and require an ALC Permit WEATHER RECORDING EQUIPMENT (ALC PERMIT) The placement of weather recording equipment, weather vanes, and other similar devices on any residence, or any other structure requires an ALC Permit. AMENDED & APPROVED: November 23, 2015 Page 20 of 41

25 4.41 PROHIBITED STRUCTURES AND CONSTRUCTIONS In addition to other provisions of the ALC Guidelines, the structures/constructions listed below are not allowed: a) Fencing or walls made of wood, screen, metal screen, aluminum, plastic, chain link, plants, or other natural materials. b) Decks, balconies, porches, or other structures constructed on the roof of any existing or new structure. c) Freestanding arches, gates, sun screens, privacy structures, trellises, or lattice panels. d) Above ground swimming pools. e) Golf ball nets or fences. f) Window-type air conditioner units, whether installed in a window, through a wall, or mounted on the ground. g) Temporary structures, such as pre-fabricated storage buildings. h) Construction or placement of any structures, man-made objects, or private landscaping in common areas COMMON AREAS, WASHES, RETENTION AREAS, RIPARIAN AREAS, GOLF COURSE, ETC. Common Areas, (other than Facilities, Roads, and Bridges) are defined as follows: 1. Golf Courses Located along and between the various Quail Creek Development Units. 2. Landscaped Areas Found throughout Quail Creek development units, along its main thoroughfares, and around the various facilities under the jurisdiction of the Quail Creek POA. Landscaped areas typically have rock cover and desert landscape plantings, some with drip irrigation. Along the main thoroughfares, the common areas also include a privacy wall that shields adjacent homeowners from the noise and view of traffic. 3. Maintained Slopes Located along the perimeter of building lots that require the installation of rip rap to prevent erosion and the undermining of private property. 4. Natural areas Regions found in various development units that have been left in natural desert vegetation state with grasses, wildflowers, and desert plantings. In some instances, these areas have been seeded to generate a cover of grass and wildflowers. 5. Washes Found throughout Quail Creek resulting from the natural pattern of water flows across the desert landscape prior to development. These washes must be protected from construction/land development silt and debris during the unit construction process. They may be cleared of blown-in-debris. AMENDED & APPROVED: November 23, 2015 Page 21 of 41