ARCHITECTURAL GUIDELINES. Revised and Approved: APRIL 3, 2018

Transcription

1 ARCHITECTURAL GUIDELINES Revised and Approved: APRIL 3, 2018

2 Table of Contents I. PURPOSE 1 II. DEVELOPMENT OBJECTIVES 2 III. PLANNING YOUR HOME 3 IV. ARCHITECTURAL CRITERIA 4 A. General Comment 4 B. Site Utilization 4 C. Finished Floor Elevation 4 D. Tree Survey 5 E. Size of Home 5 F. Service Area 6 G. Off-Street Parking and Driveways 6 H. Garages 6 I. Ancillary Structures 7 J. Clotheslines and Drying Yards 7 K. Landscaping and Grounds 7 L. Swimming Pools 8 M. Exterior Materials and Colors 8 N. Building Setbacks and Marshland Buffers 8 1. Building Setbacks 8 2. Marshland Buffers 9 O. Temporary Structures 9 P. Window Air Conditioning Units 9 Q. Mailboxes and Newspaper Boxes 9 R. Signs 10 S. Solar Panels and Alternative Energy Sources 11 T. Satellite Receivers 11 U. Docks and Other Structures Requiring DNR Permits 11 V. ARCHITECTURAL REVIEW PROCESS 11 A. Application Data and Review Procedures Application Form Plans 13 a. Site Plan 13 b. Floor Plans 14 c. Door, Window and Exterior Fixtures Schedule 14 d. Submission of Typical Building Materials and Colors Stake-Out 15 B. Meetings 15 i

3 C. Submitting Applications 15 D. Cost or Value of the Work 16 E. Approvals 16 VI. PRE-CONSTRUCTION ACTIVITIES 16 A. Commencement 16 B. Building Permits 16 C. Utilities 16 D. Utility Connections 16 E. Electric Service 17 F. Dumping 17 VII. CONSTRUCTION 17 A. Work Hours 17 B. Culverts and Access 17 C. Tree Removal 17 D. Adjacent Lots 18 E. Storage and Cleanliness 18 F. Borings under Shell/Gravel Lanes 18 G. Job Toilets 18 H. Time Frame for Completion of Construction 18 I. Gate A 19 VIII. POST CONSTRUCTION 19 A. Construction-Related Items 19 B. Signs and Building Permit 19 C. Electrical Stub Pole 19 D. Damage to Common Areas 19 E. ARB Final Approval 20 F. Completion of Project 20 ii

4 ARCHITECTURAL GUIDELINES TOLOMATO ISLAND I. PURPOSE The purpose of these Guidelines is to outline for property owners, their architects and builders information which will be helpful in the design, construction, and alteration of homes at Tolomato Island and to explain the architectural review process. Because the design, approval, and construction of a home require substantial expenditures of time, capital and emotional involvement, these Guidelines should be carefully studied before design work is started. We recommend that property owners incorporate these Guidelines into their contracts with designers and homebuilders, as the property owners will be required to comply with these requirements. As with any continuing system, these standards may be modified and updated periodically. Articles 9 and 10 of the General Declaration of Covenants, Conditions, and Restrictions outline the basic standards for architectural control and should be referred to as the basis of these Guidelines. All Covenants are incorporated herein by reference. Architectural Review Board (ARB) approval is required prior to any construction activity or modification of any external structures or significant landscape elements including, but not limited to, garages, docks, wells, septic systems, drain fields, trees, irrigation systems, landscaping, mailboxes, exterior awnings and sunshades, basketball goals, gazebos, play structures, hot tubs, solar panels, exterior antennas or satellite dishes, fences, animal pens, tennis courts, swimming pools, tool sheds, decks and dog houses. These Guidelines are applicable to the construction of all new homes and to any external alterations of all existing homes. To be clear, these guidelines apply to all exterior alterations, not simply major additions or renovations. To clarify, if, for instance, a homeowner needs to implement repairs of a deck, and the homeowner intends to make no alteration to the footprint or size of the deck, the materials, or the colors, then ARB approval is not required. However, if a homeowner intends to alter an exterior feature, including landscaping and native 1

5 trees, then ARB approval is required prior to the start of construction or alteration. By way of example, if a homeowner elects to paint an exterior feature of its home the current color, then ARB approval is not required, however if the homeowner desires to paint an exterior feature, such a deck or walls, a new color not previously approved, then ARB approval is required. Similarly, if a homeowner needs to repair an exterior wood deck to restore its original condition, ARB approval would typically not be required, but if the homeowner elects to modify the decking materials from wood to a composite material, even without changing other features, then the material change must be approved by the ARB. It is the intent of the ARB to work cooperatively with all property owners to both understand and help them achieve their individual goals while at the same time preserving community standards and property values for the benefit of all owners and the greater Tolomato community, one of the outstanding neighborhoods in McIntosh County. II. DEVELOPMENT OBJECTIVES The quality of the homes at Tolomato Island is a major factor in expressing the community-wide standard and character of the community. No other consideration can have as significant an impact on property values as the collective merit of the design of the individual residences. Accordingly, the design of a home proposed for Tolomato Island will be judged for appearance, enhancement of its natural environment and the impact the proposal will have on neighboring properties. Proposed homes which by their siting, massing of building elements, rooflines, absence of suitable exterior detailing, landscaping, or other features that do not allow the proposal to rise above the mediocrity of a tract home or beach bungalow will not be approved. It should be noted that prior approval of any home style or feature should not and will not be construed as a precedent for any similar approval 2

6 elsewhere at Tolomato Island. As noted, however, these Guidelines do not apply to routine maintenance of any existing or previously approved home. III. PLANNING YOUR HOME The building or modification of a home represents a major investment. Therefore, we strongly suggest that you consult a qualified architect or designer for assistance. For new home builds or major renovations or additions, homeowner s shall utilize a licensed architect or design professional. For all projects, an architect can provide the professional level of design which will make your home or project a welcome addition to Tolomato Island. Many otherwise successful builders are generally unable to provide architectural interest and quality of detailing without the services of a qualified architect or home designer. It will be difficult or impossible to upgrade most standard plans to accommodate the unique and individual nature of building sites at Tolomato Island, even after expending substantial effort and funds to do so. Home designs acceptable at Tolomato Island must provide more architectural interest and detailing than usually found in tract-designed homes, and they should be tailored to do minimal damage to the natural qualities of the property. Before investing substantial funds or energy in a home design, we suggest you or your architect and/or builder contact the ARB to discuss your initial plans to be certain your home-building program is proceeding in an approvable direction. Once a homeowner contacts the ARB regarding a potential project, the ARB will assign a member as a point of contact to facilitate communications. This point of contact will not have authority to approve any homeowner request in his/her individual capacity all approvals must come in writing and from the ARB itself following discussion and vote however the point of contact is assigned to assist the homeowner, its designer and its builder in working through the approval and construction process with the ARB. Of course, in addition to obtaining approval from the ARB, all homeowners must comply with all applicable laws and regulations and 3

7 obtain all approvals required by McIntosh County and other governmental authorities. IV. ARCHITECTURAL CRITERIA A. General Comment. The sections which follow provide certain specific and certain general guidelines in planning your new home. These guidelines are not exhaustive, and the ARB may establish requirements and standards applicable to each project in accordance with the authority granted it in the Covenants. Examples of the architectural styles suggested in Tolomato Island include Southern, Low Country, Spanish or Mediterranean, which reflect the communitywide standard for Tolomato Island. One caution; the overall impact of a design involves issues of taste and judgment which cannot be completely reduced to measurable standards of size, setback, roof pitch, etc. A home which meets all numerical or other objective criteria may be unacceptable for Tolomato Island if it s overall aesthetic impact is unacceptable in the judgment of the ARB. B. Site Utilization. Maximum consideration in a design should be given to relate the home to site amenities such as water and marsh views, as well as the proposed home s impact on the natural qualities of a lot and the neighboring properties. All marsh and water front homes must adhere to the rules and regulations set forth by the Department of Natural Resources (DNR). Homes will not be approved if they do substantial damage to the natural qualities of a lot. Consequently, homes that would be acceptable for some lots might be unacceptable for other lots. All other current and future applicable DNR regulations will apply. C. Finished Floor Elevation. As is common to most areas on the Southeast s coastal plain, the McIntosh County building code requires that elevation of the first finished floor of any home be above the level of flood waters expected at statistically-predicted 100-year intervals by the U.S. Army Corps of Engineers. 4

8 All home builders are responsible to understand and to comply with all applicable elevation requirements imposed by governmental authorities or insurers. It is recommended that all home builders discuss their building plans with their insurance provider to fully understand the impacts of home elevation upon the cost of flood insurance. Because of the need to elevate the livable finished floors of many homes above grade, homes using wood, tabby stucco, brick and similar materials are preferable. Slab on grade construction may not be acceptable if a substantial pad must be constructed for the slab or to meet any elevation targets. Home builders may not be permitted to substantially build up lots higher than existing or adjacent grades, and prospective lot purchasers and home builders are encouraged to consider finished floor elevations early in the design process. D. Tree Survey. Where at all possible, the design of a home, or any renovation or modification of an existing home, should preclude the removal of specimen trees. To help you in your home planning and to guide the ARB in evaluating your plans, we require that a Tree Survey be prepared. All tree surveys will be performed by a registered land surveyor and submitted on 24 x 36 paper. This survey should show the location of all holly, magnolia, cedar, live oaks, hickory, water oaks, palmetto palm, and cherry regardless of size, as well as all other species ten (10) inches or larger in diameter or significant tree clusters of smaller trees. The tree survey must also include a plot plan showing the location of all structures, landscaped areas, and driveways / pads. This tree survey must be submitted and approved prior to any clearing of the lot. Homeowners are encouraged to replace with new planting(s) any trees that must be removed in connection with a project, and new plantings may positively affect any proposed application to remove existing trees. E. Size of Home. While size is not necessarily an indicator of quality, the ARB will generally not approve homes designed with less than 1,800 square feet of living area (the heated and air-conditioned area calculated from the exterior 5

9 dimensions of such area) for interior lots and 2,300 square feet for marsh facing lots. F. Service Area. The home should include an area on the exterior to accommodate the air conditioner compressor, garbage cans, electrical service entrance, and other items that by their nature present an unsightly appearance. This Service Area should be located with any utility companies service to the site in mind and screened from view. G. Off-Street Parking and Driveways. All homes should have a defined driveway constructed of concrete, asphalt, brick, crushed limestone, or shell. All driveways must be constructed of approved materials. Entry to driveway must not be located closer than ten (10) feet from a side property line. Driveways should offer off-street parking for at least two automobiles. H. Garages. Garages should be designed to be compatible with the architectural theme chosen for the home. Garage doors should be of the overhead door type and should be made of wood, fiberglass, or aluminum. Automatic door openers should be installed. Garages may also be detached or semi-detached, and these treatments are specifically encouraged when they will enhance the home s relationship to an amenity, a neighboring home, or a specimen tree or other feature of a lot. All garage entries will be prohibited from having front entry; they must be either side or rear entry, but in all events shall not face any street. All homes are required to have a minimum of a two (2) car garage. No carports will be permitted. Home builders will not be permitted to construct multiple garage structures or oversized garage structures in connection with a home, nor will home builders be permitted to construct garages or other structures designed to house items such as large recreational vehicles or large boats. Oversized garage doors shall not be permitted. The homeowner s association provides a secure space for storage of boats and recreational vehicles. 6

10 I. Ancillary Structures. All ancillary structures including but not limited to fences, screens, detached structures, dog kennels/runs, etc., must be approved by the ARB. Plans shall be submitted to the ARB for review prior to beginning any work. The use of wood, masonry, metal, or natural plantings as fencing and screening materials is encouraged. All fences or similar structures must be constructed of approved materials. Chain-link, split-rail, or privacy fencing are not permitted. J. Clotheslines and Drying Yards. No clotheslines or drying yards shall be permitted on any lot. K. Landscaping and Grounds. A landscape plan is required with all applications for home construction, renovation, modification and/or addition and the landscaping installation is required to be substantially finished prior to occupancy. The landscaping selected is to present a finished and attractive appearance consistent with the community-wide standards for the home and avoid a sparse or barren look. Naturally, the remaining tree and shrub cover, amount of shade versus sun, and other physical factors will determine the kind and extent of landscaping appropriate for each home site. Home owners are encouraged to select landscaping designs and materials that feature native coastal plants which are harmonious with the natural habitats of Tolomato Island. Exotic invasive plants listed as Category 1 and Category 1A Alert by Georgia Exotic Pest Plant Control ( are a serious problem in Georgia natural areas and will not be approved. These plants are extensively invading native plant communities and displacing native species. Landscape accent items such as rocks, statues, and birdbaths must be harmonious with the natural setting. Lighting fixtures on the grounds and walks should be carefully selected for compatibility with the general architectural style and other finished details of the home, and they should be simple and 7

11 inconspicuous. Landscape and exterior lighting should not intrude on the privacy of neighbors. L. Swimming Pools. Any swimming pool and associated structures, screening, lighting and decking must be in compliance with all applicable regulations and be approved by the ARB. Above ground pools will not be approved. M. Exterior Materials and Colors. The use of natural, earth-toned colors and textures such as rough-sawn woods and certain types of earth-toned stucco or tabby is encouraged. The colors should make homes blend with their natural surroundings, therefore, materials or colors with high reflective characteristics are discouraged. Durable woods such as cypress, cedar, redwood, etc., are the preferable materials when wood is used as siding and trim. Hardiplank, or a similar fiber-cement composite siding, is an acceptable alternative to natural wood. Vertical board-on-board shiplap and horizontal clapboard are two suggested methods of application. Brick, stucco, or tabby often can be used effectively on wood-sided homes in special areas such as on chimneys. Brick or tabby may be used for walks, patios, etc. Vinyl will be allowed only on the soffits and windows of homes and must have prior written approval by the ARB to be used on the home. Asphalt shingles of 240 pounds per square minimum or fiberglass of equivalent appearance may be permitted in compatible and tasteful colors. Spanish tile, slate, concrete tile, or metal roofs will be permitted if in harmony with the home. Agricultural tin and roll roofing is prohibited. High quality wood, fiberglass, vinyl or aluminum windows are preferred. No aluminum awnings will be permitted. Metal appurtenances protruding from the roof should be compatible with the exterior colors of the home. N. Building Setbacks and Marshland Buffers. 1. Front setbacks. Front setbacks for Tolomato Island shall not be less than twenty-five feet. Sideline setbacks shall not be less than fifteen feet. Rear setbacks for all lots shall not be less than 25 feet (see item N.2. Marshland 8

12 Buffers for marsh front rear setback minimum). These requirements should be considered as minimum allowable setback lines unless special circumstances, including lot size, make their application impractical or unacceptable as judged by the ARB. Home designs that use all or nearly all of the width of a lot except the sum of the two fifteen-foot sideline setbacks will often be disapproved unless it can be shown that the width of the home will not have an adverse neighborhood impact and that alternate plans are impractical or not desirable for a compelling reason. The fifteen-foot side line setback is measured from property line to wall. The areas of historical significance such as the Tabby Ruins and Indian Mounds shall have setbacks of fifteen feet from the surveyed boundary. 2. Marshland Buffers. Georgia Department of Natural Resources requires a 25-foot setback from 5.7 mean tide height jurisdiction line. Where practical in the sole judgment of the ARB, marsh front lots may be required to adopt a 50-foot setback buffer. Reasonable effort is required to eliminate ground disturbance within the buffer. Trees may be cut, but stumps must be left in the ground. Stumps may be reduced by grinding. Bush hogging is permitted, but heavy equipment is prohibited. The regulation allows for thinning and trimming. Trenched silt fences are required at the marsh/highland interface and around the canopy of specimen trees. O. Temporary Structures. No structures of a temporary character, trailer, basement, tent, shack, garage, barn, or other out building shall be used on any lot at any time as a residence either temporarily or permanently. P. Window Air Conditioning Units. No window or wall air conditioning units will be permitted. Q. Mailboxes and Newspaper Boxes. No mailbox shall be placed on any lot until approved by the ARB. Mailboxes shall be located on the owner s lot fronting the access road. As a general guide the mailbox post shall be of a quality 9

13 consistent with Tolomato standards, and it shall provide an architectural base for the mailbox. Mailbox colors shall be black, white or muted earth tone. R. Signs. Signs are prohibited on the common properties and rights-of-way of the association. Signs are also generally prohibited on properties within the neighborhood. Small signs may be authorized to announce the use of a security system. These signs should be placed near the street in a discrete location. One approved sign per residential lot shall be permitted to identify the General Contractor. Only the company name, agent name, and phone number of the property owner or agent, or where relevant, the General Contractor, shall be so displayed. Sub-contractor and service signs are prohibited. All signs shall face the road and not exceed six square feet. All signs shall be constructed with a single face of wood or metal, finished in an earth or wood color indigenous to the environment of Tolomato Island and mounted on a suitable metal of wood support. The sign shall not be placed on a building or tree nor made from plastic, paper, cardboard, or fabric. Building contractor signs shall be displayed only during the time the contractor is at work. Upon completion of the building, the contractor s sign shall be promptly removed. In addition, the building permit shall be posted at the home site in a visible location on a separate post, and may not be attached to trees or other natural features. One sign per residential lot shall be permitted to announce the availability for sale or lease of the property on which the sign is located, or where a building is under construction. These signs must utilize the Tolomato Island logo and provide only minimal contact information for the agent or owner. The sign owner shall be responsible for the removal of the sign within one day of the sale or lease of the property. Sold signs are prohibited. Any signs placed in violation of this policy will be removed by the ARB or other representatives of the Association. The Association assumes no responsibility for 10

14 damage, destruction, or disappearance of signs placed on Association property in violation of this policy. S. Solar Panels and Alternative Energy Sources. Solar panels and alternative energy sources must be approved by the ARB prior to installation. They may not detract from the aesthetics of Tolomato Island. T. Satellite Receivers. Satellite receivers must be approved by the ARB prior to installation in an inconspicuous location. U. Docks and Other Structures Requiring DNR Permits. New docks and modification to existing docks require ARB approval prior to submission to DNR for a permit. The ARB review will be limited to aesthetics and consistency with the community-wide standards. Consideration will be given to the impact upon neighboring lots and homeowners. V. ARCHITECTURAL REVIEW PROCESS A. Application Data and Review Procedures. The ARB will not accept any applications unless all assessments, liens and other financial obligations to the Community Association associated with the applicant or the affected lot(s) are paid in full. Plans for all new construction, subsequent alterations, or additions must be approved, in writing, by the ARB. Mobile homes are not permitted. Generally, homes that are built at another site and transported to Tolomato Island will not be approved. This does not necessarily exclude the consideration of emergent construction technologies to implement and incorporate practical and proven green building design and construction solutions. 1. Application Form. Applications shall be made in duplicate on forms provided by the ARB. One form will be returned to the applicant advising approval or disapproval after the plans are reviewed. If plans are 11

15 disapproved as submitted, a copy of the plans will be returned to the applicant stating the reasons for disapproval to the extent practical to do so. For all new home construction, renovations, additions or other work exceeding fifteen thousand dollars (U.S. $15,000.00) in cost, a compliance deposit of two thousand five hundred dollars (U.S. $2,500.00), made payable to Tolomato Island Property Owners Association, will be required prior to review and approval of plans and, in the absence of any deductions or forfeitures, a reimbursement of two thousand two-hundred and fifty dollars (U.S. $2,250.00) will be made to homeowner upon approved completion of construction. In addition, for all new home construction or for other major additions or renovations, an additional, non-refundable road impact fee of five hundred dollars (U.S. $500.00) shall be assessed and paid as a condition of approval of any such project by the ARB. The purpose of this fee is to offset the impacts to common roadways and related maintenance costs resulting from construction traffic associated with such projects. For all construction or alteration, the cost of which is fifteen thousand dollars (U.S. $15,000.00) or less, a compliance deposit of five hundred dollars (U.S. $500.00) will be required prior to review and approval of plans. This deposit will be refunded in full to the homeowner upon the approved completion of construction, absent any deductions or forfeitures. For the purpose of calculating the applicable deposit and/or fee for any project, the ARB will consider the value of the homeowner s intended construction project as a whole. Homeowners will not be permitted to reduce or undervalue a project for the purpose of the above-reference deposit and/or fee by performing the project in phases or by entering into multiple agreements for the same general project. If it is determined by the ARB, in its sole discretion, that the only purpose of any such phasing or multiple agreements is to reduce a deposit and/or fee that would otherwise apply, the ARB shall require the appropriate deposit and/or fee. 12

16 2. Plans. Two complete sets of architectural plans should accompany all applications. In its discretion, the ARB may approve less formal plans for small projects. All architectural drawings will be placed on 24 x 36 paper. If approved, one set of plans will be marked Approved and returned for applicant s use. Plans submitted are to include, at a minimum, the following, in addition to any other information the ARB may require: a. Site Plan. (1) The plan should be drawn to a minimum scale of 1 = 10. (2) Show, identify the species of, and note the diameter of all holly, magnolia, cedar, live oaks, water oaks, palmetto palms, and cherry. Note the location of significant tree clusters of smaller trees; for pines, show individual specimens having a diameter of 10 or larger. (3) Indicate by an (x) those trees to be removed. (4) Show the existing topography of the site using one-foot contour lines. Changes in contours caused by construction should be indicated on the plan by dotted lines. (5) Indicate the finished floor elevation as determined and certified by a licensed land surveyor. (6) Setbacks from property lines to the building must be shown at the point of minimum distance to each boundary of the lot. (7) Walks, drives, patios, decks, fences for service yard, etc., must be positioned accurately and their materials clearly indicated. (8) The roof plan must be shown on the site plan or as a separate drawing, and must specify all planned materials. (9) The location, boundaries and use of fills, tanks, or other key features of the septic system and field, specifically including the proposed tank, 13

17 are to be indicated on the site plan and shall have been approved by County authorities. (10) Inside dimensions of lot boundaries should be shown and should include a North arrow on the plan. (11) Location of all structures on adjoining lots. (12) Show finished grades and drainage swales. (13) Elevation of garage floor. b. Floor Plans. (1) Shall be drawn to a minimum scale ¼ = 1. (2) Show any changes in floor level. (3) Show all room dimensions. (4) Include door and window symbols and schedules. (5) Include all levels of living area. (6) Show all patios, decks, fences and other structures, and related materials. c. Door, Window, and Exterior Fixtures Schedule. A specific bill of materials for proposed windows, doors, and other exterior fixtures, including model number, manufacturer, and other similar information detailing the specific exterior fixtures proposed. d. Submission of Typical Building Materials and Colors. The building materials and colors selected should be evident in the submission materials. It is recommended that samples of materials or color chips be provided if possible. More on building materials in section IV.M. 14

18 3. Stake-Out. The house and any detached structures shall be staked-out on the lot and trees to be removed marked with flagging tape prior to making application. Do not mark trees with paint or blaze them with an ax. B. Meetings. The ARB will meet to review and vote on all applications within a reasonable time following receipt of a compliant application for review. It is the goal of the ARB to respond to all complete, compliant applications within two weeks, however this is not a guaranteed timeframe. An application may be returned without action by the ARB if the application is incomplete as originally submitted, in which case the deficiencies or incomplete information will be specified to the homeowner by the ARB. The ARB may request supplemental information before an application is deemed to be complete and the period of review deemed to be commenced, which supplemental information may include confirmation from the applicant of the effective date for the commencement of ARB review. Applicants are asked not to attend meetings unless their application is being reviewed for a second or subsequent time. The results of the meeting will be conveyed to the applicant in writing. All ARB decisions are final unless otherwise noted. C. Submitting Applications. Applications and plans may be hand delivered to a member of the ARB or any officer of the Association. Applications, supplemental materials and written communications may be submitted electronically to the ARB at TolomatoARB@gmail.com, however all plans shall be submitted on 24 by 36 hardcopy to the address below or, preferably, by hand delivery to a member of the ARB. Applications may also be mailed to: Tolomato Island Property Owners Association, P.O. Box 2510, Darien, GA Applications will not be deemed submitted or subject to review until receipt is confirmed by the ARB, any deficiencies in the application corrected, any supplemental information requested submitted, and the acceptance of the application as compliant with the requirements of these guidelines confirmed by the ARB in writing and acknowledged by the homeowner. 15

19 D. Cost or Value of the Work. Each application shall indicate the most currently available data regarding the cost or value of the work. E. Approvals. Approved applications will be returned to the applicant within 30 days of receipt of a completed application package. Applicants will be given an opportunity to correct deficiencies within a reasonable time. VI. PRE-CONSTRUCTION A. Commencement. NO WORK OR ALTERATIONS are to be commenced, trees removed, or construction otherwise started without written approval of the application by the ARB and issuance of a building permit by the approving authority. B. Building Permits. Plans must be approved by the ARB before obtaining a Building Permit from McIntosh County Building Inspector. This is a requirement not only of the ARB, but it is also a requirement of McIntosh County prior to issuance of a building permit. C. Utilities. The builder, lot owner or architect should insure availability of all utilities. An application should be made to Georgia Power for temporary and permanent service. Application for water service must be made to McIntosh County Water Department. The tie-on fee and water meter fee are the responsibility of the owner. An application for phone service must be made to Darien Telephone Company and for cable service to an approved cable company. D. Utility Connections. The connection for water is indicated on each lot by a stub out. 16

20 E. Electric Service. Georgia Power Company will run electric service from the underground utility box to the house. Underground service is required, for which the electric company will charge a fee which is the responsibility of the owner. F. Dumping. There is no dumping available in Tolomato Island, nor is there a pit for obtaining fill-dirt. Provisions for these services should be made from other services. VII. CONSTRUCTION A. Work Hours. The maximum hours for construction at Tolomato Island will be from 7:00AM to 6:00PM, Monday through Friday, and 8:00AM to 5:00PM on Saturday. No construction will be performed on Sunday or National Holidays. Any exceptions to this policy must have the express, prior approval of the ARB. B. Culverts and Access. All ingress and egress to the lot should be made through the driveway where a concrete or asphalt apron tying back to paved road must be installed prior to construction to provide access for heavy equipment and trucks. The property owner will also be responsible to re-grade, re-grass, and re-curb any areas disturbed during construction. Unrepaired damage to common areas as a result of construction will be charged to the property owner and deducted from the owner s deposit that was made in order to pay for the repairs. C. Tree Removal. Only those trees marked and indicated to be removed on the approved site plan will be taken down. Care should be exercised to protect all other trees from equipment damage and/or filling damage. Use protective barriers or bulk heading where necessary so as not to cover the roots of 17

21 remaining trees with soil. Any tree removed without ARB approval will be subject to a fine of one thousand dollars (U.S. $1,000.00) per incident. D. Adjacent Lots. The use of adjoining lots for access to a lot or for the storage of materials, without the written permission of the adjacent owner, is forbidden. The use of adjacent lots for the cleaning of equipment and disposal of construction debus is prohibited. E. Storage and Cleanliness. The storage of materials should be in an inconspicuous area of the site and should be neat and orderly. General site cleanliness will be practiced and contractors are required to make daily cleanups of surplus materials, trash, wrappers, etc. A dumpster is required on all construction sites. A deduction of the greater of fifty dollars (U.S. $50.00) or actual costs will be made from the compliance deposit for each incident where the Association or its representative(s) have to clean up the site. This will occur after homeowner has been warned in writing once. Burying construction debris and trash is prohibited. On-site fires are prohibited. F. Borings under Shell/Gravel Lanes. All utilities shall be bored under shell/gravel lanes to home where lots are on shell/gravel lanes. No installation of utility that allows the lane to be dug will be allowed. Any damage that occurs to shell/gravel lanes in the process of construction will be charged to the homeowner and deducted from the owner s deposit for repairs, with homeowner being charged for any overage if costs exceed the deposit. G. Job Toilets. A job toilet is required on all construction sites in a location approved by the ARB. H. Time Frame for Completion of Construction. A schedule will be submitted and established for all projects. Homes must be constructed using a licensed 18

22 general contractor, who must be approved by the ARB and whose contract must incorporate these guidelines, and construction shall be completed within the earlier of one year from issuance of permit or the date established in the approved schedule. This will be noted on application permit. An extension of the completion date may be requested for good cause shown for reasons beyond the reasonable control of owner and its builder, and it must be approved by the ARB. Absent an extension for good cause shown, which is solely within the discretion of the ARB, homeowners shall be responsible to pay a fine in the amount of $ per week until such time as a certificate of occupancy is granted. This fine is in addition to, and not in lieu of, any and all other remedies available to the ARB and the Association. I. Gate A. No construction traffic is permitted to enter or leave from Gate A on Mission Drive. VIII. POST CONSTRUCTION A. Construction-Related Items. The property owner is responsible for removing all building debris, trash roll offs, job toilets, or other constructionrelated items from the site and surrounding area. B. Signs and Building Permit. The property owner is responsible for removing builder/contractor s sign and the posted building permit. C. Electrical Stub Pole. The property owner is responsible for removing electrical stub pole. D. Damage to Common Areas. The property owner is responsible for repairing and reseeding any damage to common areas. 19

23 E. ARB Final Approval. The property owner is responsible for addressing any other post-construction conditions which deviate from the approved plans or which are otherwise identified by the ARB. Once the ARB is satisfied that all work agreed to in the property owner s approved and, if necessary, amended plans, the Chair of the ARB will approve the plans and indicate such approval by signing the final plans. F. Completion of Project. The ARB will retain the homeowner s application and other records in connection with such application for a period of 6 months after completion of construction. After this period, the ARB will either provide the homeowner all records in its position or will destroy all such records. 20