WHALE ROCK HEIGHTS HOMEOWNERS ASSOCIATION ARCHITECTURAL GUIDELINES AND RULES

Transcription

1 WHALE ROCK HEIGHTS HOMEOWNERS ASSOCIATION ARCHITECTURAL GUIDELINES AND RULES Version 4 27 March 2017

2 TABLE OF CONTENTS 1. ARCHITECTURAL REQUIREMENTS.. Page General Page Architectural Style Page Exclusions to Architectural Style Page General Requirements Page Boundary Walls Page Exclusions to Boundary Walls Page Post Boxes Page Street Numbers / House Names Page Driveway Paving Page Exclusions to Driveway Paving Page Garages Page Exclusions to Garages Page Swimming Pools Page Exclusions to Swimming Pools Page Carports, Pergolas, Verandahs and Balconies Page Exclusions to Carports, Pergolas, Verandahs and Balconies Page Awnings Page Exclusions to Awnings Page External Wall Finishes Page Exclusions to External Wall Finishes Page External Balustrading Page Windows and Doors Page Proportions Page Exclusions Page Alarms Page Water Tanks Page Height Restriction Page Building Lines Page Bulk and Coverage Page Zoning Page PERMANENT RESIDENTS : MAXIMUM OCCUPANCY Page PLAN SUBMISSION Page Drawings Required Page Aesthetic Approval Page National Building & Local Authority Regulations. Page Aesthetic Standards Page Building Completion Page Plan Submission Address Page 14 TABLE OF CONTENTS / CONT. 2

3 4. RULES WITH REGARD TO BUILDING CONTRACTOR / OWNER ACTIVITY Page Introduction Page Application for Approval as Building Contractor Page Legal Status of Rules Regulating Building Contractor Page Building Deposits Page Contractors Code of Conduct Page 15 ANNEXURE A: APPLICATION FOR APPROVAL AS A BUILDING CONTRACTOR Page 19 3

4 ARCHITECTURAL GUIDELINES AND RULES WHALE ROCK HEIGHTS HOMEOWNERS' ASSOCIATION REGISTERED AS THE "PLETTENBERG HEIGHTS" HOMEOWNERS' ASSOCIATION 1. ARCHITECTURAL REQUIREMENTS 1.1. GENERAL: Design principles have been established with the intention of creating compatibility of Architectural styles rather than repetition To encourage a variety within the constraints of these guidelines, interpretation and flexibility it is vitally important to achieve a harmonious aesthetically pleasing development character without being excessively prescriptive and without eliminating freedom of choice The aim and objective of the development is to create a unique country setting within an urban context where families can live securely close to nature We aim to achieve this by using the uniqueness of context and site - use of slopes, views and natural elements rather than conventional town planning, which leads to typical suburbia The intended style for this development could be defined as that of European Mediterranean Architecture The guidelines will permit architects maximum freedom with regard to design expression whilst retaining the benefits of overall harmony for the entire development through restrictions on basic materials, fenestration and finishes The requirements of the Local Authority Town Planning and the National Building Regulations shall apply to all developments Specifically excluded elements are listed to encourage and prevent drastic style clashes The natural slope of the land is to be retained as far as possible. Large residences are to be fragmented by stepping down the slope Site development is to relate to natural features and cut and fill is to be kept to a minimum. 4

5 The minimum size that will be allowed for any structure upon any Erf in the township will be 180 square metres excluding garages and outbuildings, but in any event not smaller than 210 square metres in total ARCHITECTURAL STYLE: Designs derived from countries adjacent to the European Mediterranean coast: Traditional rock-face clinker bricks will not be allowed. Roofs comprising of ⅔ pitch and up to a maximum of ⅓ flat will be allowed and must present a harmonious picture with already completed dwellings. A minimum pitch of seventeen and a half degrees will be allowed Where buildings are raised above the natural ground level by more than 1000 mm, the raised section has to be closed with walls to match the walls of the main dwelling or by using a stone base. Building on stilts will not be allowed - not even on steep sites Other styles of architecture that are not consistent with the styles and aesthetic described above, will not be acceptable Colours should be natural hues only. No white buildings will be allowed. The architecture's colour has to blend in with the natural environment as far as possible and will be adjudicated for approval with this in mind. A maximum reflectivity of 40 will be allowed for the majority of the painted fabric EXCLUSIONS TO ARCHITECTURAL STYLE: Modern Western Architecture Cape Dutch Architecture Log Cabins and Timber Houses Or any other Architectural styles that the Estate Architect and Trustees may deem to be a detriment to the overall aesthetics of the development 1.4. GENERAL REQUIREMENTS: Exposed plumbing must be screened or recessed into the built fabric Sketch plans must indicate external finishes and colour choice of both external finishes and roof tiles Cottages, granny flats, outbuildings and additions have to match the character of the original main building and are to be single storey only. 5

6 Temporary carports will not be allowed Kitchens and staff accommodation must open onto a screened yard Washing yards have to be screened from neighbouring properties, streets and estate boundary fence by means of solid walling, 1800 mm in height Staff accommodation should be integrated into the overall design and should be further from the street than the main dwelling, unless it forms part of the outbuildings and is adequately screened The position of aerials and satellite dishes must be indicated on the sketch plans The use of Solar heating panels are encouraged however the positioning of the panels must be carefully thought of and indicated on all plans and must have the approval of the Estate Architect prior to installation Materials utilised for bank stabilisation must be approved by the Estate Architect: Gabions are preferred All chimneys to have spark dampers. This is applicable to braai chimneys as well. Portable braais that will be allowed include weber braais, gas braais and kettle braais. It is not allowed to start a fire or braai unless it is in a built braai (with fire damper) or in one of the above-mentioned three portable type braais All surface and sub soil drains piped from a property must be piped to and discharged into the Storm Water drains and NOT onto the roads. This specifically refers to water piped from a property and does not change any legal right to accept storm water from a neighbouring property, where the natural ground levels and run-off have not been altered BOUNDARY WALLS: Solid street boundary walls. A combination of picket and solid structures will be considered with Architects approval If a boundary fence is required, natural stone, plastered and painted brickwork and timber fencing is encouraged If a wall is required, it should be designed within the following limitations: In general, walls to be constructed from the same material as the walls of the main dwelling. 6

7 Maximum height of walls facing any street or open space shall not exceed 1800 mm from the natural ground level A boundary wall may only comprise 80% of the street boundary length Columns / pillars at approximately 3-5 metre centers should subdivide the balance of the boundary wall with open timber palisade type fencing, plastered and painted brickwork or wrought iron fencing. Estate Architect to approve design of boundary fencing facing the street Maximum height of columns / pillars allowed is 1800 mm A wall below any palisade fencing is required to a maximum height of 600 mm. This wall may not be lower than 400 mm The street boundary wall has to be returned on the side boundary until it aligns with either the outbuildings or main dwelling. A solid wall may be built from the return of the street boundary wall to enclose the property. The solid wall has a maximum height restriction of 1800 mm except washing yard screen walls that have to be 1800 mm high above the washing yard level At corner stands with more than 30 m total street frontage, entrances have to be defined by means of gate posts/pillars. The remaining boundary should be subdivided with columns at regular intervals as described above Gates should match either the fencing or the garage doors Sheeting in any form (metal, plastic, fibre, cement, etc.) is not permitted in the construction of gates EXCLUSIONS TO BOUNDARY WALLS: Walling in pre-cast concrete panels of any description POST BOXES: Brass slot in wall-type preferred. 7

8 1.8. STREET NUMBERS / HOUSE NAMES : Mat black preferred. Maximum height of lettering: 250 mm. All lettering and numbering to be horizontally aligned DRIVEWAY PAVING: Railway sleepers, Brick paving, Cobbles Concrete paving with exposed natural pebbles Stone chip with brick edging Natural pebble paving (aggregate paving), Slasto EXCLUSIONS TO DRIVEWAY PAVING: Concrete slabs (if untinted) Crazy paving, Chip and Spray Premix Uncoloured asphalt GARAGES: Garages should form part of the overall architectural design. Diagonally or horizontally timber slatted garage doors are preferred EXCLUSIONS TO GARAGES : Pre-fabricated garages. Steel and Fibreglass garage doors SWIMMING POOLS: Must comply with Deem-to-Satisfy Rule DD4 issued in terms of the National Building Regulations and Building Standards Act, Must be approved by the Estate Architect/HOA and Municipality EXCLUSIONS TO SWIMMING POOLS: Above ground level type pools and Porta Pools CARPORTS, PERGOLAS, VERANDAS AND BALCONIES: These structures are to be designed to be sympathetic to the overall architectural theme Shade cloth over pergolas and carports to be recessed behind a fascia or beam Shade cloth will only be allowed in natural colours: no bright colours. 8

9 1.16. EXCLUSIONS TO CARPORTS, PERGOLAS, VERANDAS AND BALCONIES: Free standing carports, Polycarbonate sheeting, Perspex and fibre glass visible from the street AWNINGS: Awnings are not encouraged. If awnings are utilised, canvas awnings are preferred and should match the overall colour theme of the dwelling EXCLUSIONS TO AWNINGS: Aluminium and steel awnings EXTERNAL WALL FINISHES: Plaster & paint Universal plaster Preferred colours: Natural colour. Accent colours as integrated part of the design philosophy. Paint colour to be approved by Estate Architect EXCLUSIONS TO EXTERNAL WALL FINISHES: Rock, Construction with timber finish, Construction with timber logs, Timber Clap Boarding, Rock-face clinker bricks, Exposed block work, Clay Face brick (except where the style of the building / s adhere to a Mediterranean aesthetic) Bright or primary colours, Painted bagged block work or "maxi" brickwork, "Calsica" face brick other than natural colours. Spanish plaster EXTERNAL BALUSTRADING: Wrought iron. Powder coated steel, powder coated stainless steel or power coated aluminium, may be allowed subject to approval by the Estate Architect and HOA. Natural and stained timber Glass balustrades also permitted WINDOWS AND DOORS: The use of timber shutters is encouraged. Natural and painted timber. Dark bronze or black anodized aluminium. Epoxy coated aluminium in dark natural colours only. PVC in dark natural colours only. KalKote coated aluminium allowed. 9

10 1.23. PROPORTIONS: Windows to have a vertical rather than horizontal impact. Vertical dimensions must be equal to, or greater than horizontal dimensions Minimum wall size between windows to be 500 mm EXCLUSIONS PROPORTIONS OF WINDOWS AND DOORS: Steel window frames. External steel door frames. Natural anodised aluminium. The use of Win blocks is not allowed. Bright primary colours are excluded. Reflective glass is excluded ALARMS: Alarms should preferably be silent, (i.e. sirens excluded) WATER TANKS: Water tanks for the collection of rain water from roofs, will be allowed, but have to be integrated in the overall design of the structures on the property. Tanks may not be raised on elevated structures and have to be positioned on a solid base constructed from the same material as the walls of the main dwelling, or from rocks. Tanks to be painted the same colour as the walls of the dwelling HEIGHT RESTRICTION: Refer to and Two storey s maximum - Ground plus first floor Owners, commencing construction, will provide the association with a land surveyor s certificates confirming the slab and, later, the roof heights that conforms to the design guidelines and that affected member s rights to views are not adversely affected or infringed. Cost of such certificates will be for the owner s account BUILDING LINES: Refer to Site Analysis. Building lines vary from property to property to attempt to guarantee views from all dwellings BULK AND COVERAGE: Refer to Bulk and coverage vary from property to property depending on the development rights of a particular property and have to be ascertained from the Zoning Requirements of the Local Authority. 10

11 1.30. ZONING: As per Local Authority Conditions Please note that no business rights will be considered and therefore no guest houses, etc., will be acceptable in the Estate. 2. PERMANENT RESIDENTS: MAXIMUM OCCUPATION A maximum of two persons per bedroom will be acceptable as permanent residents in any dwelling on the Estate. 3. PLAN SUBMISSION 3.1. Designs are to be carried out by either a Registered Architect or Designer who will be required to submit their designs with the prescribed form. The Architect/Designer must be registered with The South African Council for the Architectural Profession and is to submit his/her SACAP registration number on the prescribed form. If it is the case that drawings are being submitted by a Registered Designer, they must be signed off by a Registered Architect before being submitted to the Estate Architect for final approval Design drawings to be submitted in two stages in order to curtail expenses and speed up the approval process Two sets of paper prints of final sketch plans to be submitted to the Estate Architect. After approval thereof the owner is required to submit full building plans for approval by the committee as well as by the local authority. The necessary municipality building application forms to be submitted with the working drawing submission. This also applies to future additions or alterations to existing structures, which will have to fit in with the architectural style of the development The drawing for both stages to be submitted to the Estate Architect 3.5. The approval fees are as follows: Stage 1: Sketch plans R per submission. Fees to be updated on a annual basis Stage 2: Building Plan approval fees of R per submission Additional Scrutiny fees should it be necessary to scrutinize the plans after approval has been given then a fee of R per scrutiny shall apply. Fees exclude Vat Plan approval committee: The compilation of the committee will be the responsibility of the Home Owners Association. It is recommended to include: The Trustees from the Home Owners Association. 11

12 The Estate Architect DRAWINGS REQUIRED: STAGE 1 Sketch Design: Submission to include: :100 floor plans, sections and elevations The site contour plan to a 1:200 scale complete with 500mm contour survey, all indigenous trees, indicating all site works, paving and the exact siting of the buildings. A clear indication shall be given of the exterior finishes and structure envisaged Colour Scheme STAGE 2 Building Plans: Land Surveyor s Certificate Submission to include the following: Six sets of the building plans to a minimum scale of 1:100 complete with floor plans, sections elevations, site works and levels. Fenestration, roof tiles (plus colour), decks and outside work to be clearly indicated A detailed site plan showing the position of trees, screen walls and the buildings All service installations i.e. water sewer and electrical to be indicated Sufficient structural details to be indicated complete with the design of the engineers if required Sufficient technical details as required in terms of the NBR and to the approval of the local authority The application forms for approval of building plans by the Local Authority Whatever technical detail may be required for approval by the Local Authority. 12

13 3.7. AESTHETIC APPROVAL: It is the client s architect s responsibility to submit the drawings to the Local Authority for approval once the approval of the committee been obtained The approval of the design by the committee is in general terms and is subject to the approval by the Local Authority Approval of sketch plans must to be obtained prior to the commencement of working drawings The Estate architect will approve or comment on the plan submission within two weeks and a scrutiny fee per plan shall be payable to the Architects appointed by the HOA, before aesthetic approval of the drawings NATIONAL BUILDING AND LOCAL AUTHORITY REGULATIONS: These regulations, conditions and constrictions have to be adhered to AESTHETIC STANDARDS: Every effort will be made to ensure that these standards are observed BUILDING COMPLETION: It is required that the building be completed within ten months of commencement of construction failing which the owner will need to apply to the HOA for an extension of time. The HOA will consider an application for extension of time based on the merits of the case. Failure to complete the building within the prescribed period as set out in these guidelines or a period determined by the HOA shall mean that the owner will be liable for penalties which shall equate to 04 (FOUR) times the monthly levy, every month, until such time that the building is completed and a Final Completion Certificate has been issued by the Estate Architect PLAN SUBMISSION ADDRESS: Sketch plans of proposed buildings/external alterations at this development have to be submitted to the Estate Architects at the address as supplied by the HOA or Managing Agents A land surveyor s certificate needs to be submitted at each level, i.e ground floor slab height, first floor slab and roof height. This is to ensure compliance with the specified heights for the applicable erf, and must be submitted to the Estate Architect within 7 days of 13

14 the slab being poured. Failure to comply with the height restrictions or late submission, will result in building operations being stopped. 4. RULES WITH REGARD TO BUILDING CONTRACTOR/OWNER ACTIVITY 4.1. INTRODUCTION: The Whale Rock Heights Homeowners' Association (HOA), has adopted certain rules relating to building contractor activity within the Estate. The primary aim of the provisions below is to ensure that all building activity at Whale Rock Heights occurs with the least possible disruption to residents. In the event of any uncertainty, residents and/or their contractors are most welcome to contact the Managing Agent or the Trustees of the Whale Rock Heights HOA APPLICATION FOR APPROVAL AS BUILDING CONTRACTOR: Only pre-approved contractors are allowed to work in the Estate (owner-builders are not permitted). Application form see Annexure A No single contractor (on the Whale Rock Heights Approved List of Contractors) may at any one time have more than two contracts (houses) under construction Any contractor wishing to exceed this number is to make application to The Board of Trustees for an exemption. The decision will be largely based on the approved Contractor providing sufficient evidence, to the satisfaction of the Board of Trustees, of there being adequate full time qualified supervision for each contract Should a Contractor currently have more than two contracts in progress you will of course be permitted to conclude such contracts and thereafter, subject to the exemption set out in (2) above, revert to a maximum of two contracts running concurrently LEGAL STATUS OF RULES REGULATING BUILDING CONTRACTOR: Conditions governing building activity which is set out in this document have been adopted by the Whale Rock Heights HOA and are therefore binding on all owner/residents. Furthermore, all owner/residents are obliged to ensure that their building contractors are made aware of the conditions and comply strictly with them. Owner/residents are therefore required to include the conditions in their entirety in any building contract concluded in respect of property in the Estate, and all such contracts may be required to be submitted to the Whale Rock Heights HOA for prior approval. The Whale Rock HOA has the right to suspend any building activity, which contravenes any of its rules, and accept no 14

15 4.4. BUILDING DEPOSITS: liability whatsoever for any losses sustained by an owner/resident/contractor as a result No work may be commenced on site until: Plans have been approved by the Estate Architect, HOA and the local authority The owner has paid an amount of R10, deposit to the Estate via the Managing Agents. 10% of this deposit will be retained The Building Deposit will only be refunded once an occupational certificate and a Certificate issued in writing by a professional Land Surveyor certifying that the house levels relate to the original surveyor s Bench Mark as per plans submitted and approved The contractor has entered into an agreement with the Home Owners Association, by signing a Rules During Construction form The contractor shall pay a pavement deposit of R15, All contractors boards must be approved by the Estate Architect prior to a commencement Certificate being issued A commencement Certificate is issued by the Whale Rock Heights HOA via the Estate Architect A penalty of R10, will be imposed if building is started without the commencement certificate CONTRACTORS CODE OF CONDUCT: Contractors and builders are only allowed access to the Estate at 07:30am and must be out of the Estate by 17:00pm, Monday to Fridays. No work is allowed on Saturdays No contractors allowed in the estate on Public Holidays. No building contractors allowed in the estate during building holidays, i.e. over Christmas/New Year school holiday break The contractor is to provide facilities for rubbish disposal and ensure that workers use such facility provided, and that rubbish is removed weekly and not burnt on site. Penalties for failure to comply maybe levied against the deposit lodged. R for 15

16 each and every offence. This may be increased at the Trustees discretion The site is to be kept clean of building rubble, with regular cleaning taking place during building operations. All street frontages must be kept clear of rubble at all times The contractor must move materials off-loaded onto the sidewalk onto the site within 24 hours. No material must be allowed to remain on the roadway or sidewalk and it is the contractor and owner's responsibility to clean the roadway of all such materials. Immediate attention must be paid to the removal of sand or rubble washed or moved onto the road. Penalties for failure to comply maybe levied against the deposit lodged. R for each and every offence. This may be increased at the Trustees discretion Deliveries from suppliers must be scheduled during normal working hours The contractor must provide hygienically maintained toilet facilities on the site before construction of any nature commences. Penalties for failure to comply maybe levied against the deposit lodged. The amount will be at the Trustees discretion Proof of compliance with the above building regulations must have been received by both the security company and the Estate Manager before builders are allowed access to proceed with any new building. This does not apply to minor repair work Only builders' boards approved by the Whale Rock Heights HOA will be permitted. The board must be neatly painted and must be fixed in such a way that it cannot be blown over by wind or knocked over by workers. The board must be placed in a position so as not to interfere with traffic lines of sight. No suppliers' or sub-contractors' boards are permitted. Boards must be preapproved before a commencement certificate is issued. All boards must be removed not later than 3 months after completion The owner will be held responsible for damage to kerbs and/or plants on the sidewalks and/or damage to private or Estate property Owners will be held responsible for any transgressions made by their contractors The Whale Rock Heights HOA reserves the right at any time, with no notice given, to suspend building activity should undesirable conduct be established. 16

17 Only contractors / sub-contractors who hold a valid NHBRC certificate will be allowed to construct houses on the estate. Any other contractor / sub-contractor will be subject to approval by the Whale Rock Heights Home Owners Association Contractors will not be allowed on site until they have signed the Whale Rock Height Estate rules applying to contractors. This signed document must be lodged with the Managing Agents The contractors deposit will not be refunded until the Completion Certificate has been obtained from the Estate Architect and following this the Occupational Certificate has been obtained from the Municipality. A Surveyors Height Certificate is approved by the Estate Architect and the HOA. 17

18 ANNEXURE A WHALE ROCK HEIGHTS HOMEOWNERS ASSOCIATION APPLICATION FOR APPROVAL AS A BUILDING CONTRACTOR 1. Applicants Name and Legal Entity i.e. Sole Proprietorship, Partnership, Close Corporation, Pty Ltd: 2. Applicants contact details: 3. Have you done any previous work in Whale Rock Heights Estate: 4. Provide details of the last three houses constructed and contact details of present owners: 5. Trade Credit Report Provide details of two of your hardware suppliers: 6. Banking Details Provide details of your bankers with branch and account numbers: 7. Provide copies of your NHBRC registration certificate: 18