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Construction Guidelines

BADGER HILL ESTATES
ARCHITECTURAL CONTROL COMMITTEE RULES
 
General Statement of Design Policy
 
These Architectural Control Committee Rules are promulgated pursuant to Article VI of the Amended and Restated Declaration of Badger Hill Estates.
 
The purpose of the Architectural Control Committee Rules is to perpetuate the essential qualities of Badger Hill Estates while encouraging the full enjoyment of the historical traditions and natural advantages of the area for all of those who acquire property thereon, for future generations and, philosophically, for the public at large.
 
It is intended that the Architectural Control Committee Rules foster a beneficial land use and encourage variety that is limited to architectural and landscape qualities which are sympathetic to regional climatic needs and traditions; qualities in which the visual quiet and unity shall prevail over unrestrained individual expression for the enjoyment of this emerging community; an architecture which is strong, quiet, direct, serene, with a unique sense of this place.  Therefore, the Architectural Control Committee Rules and the review process will seek to promote buildings that blend into the land, rather than bring attention-gathering impositions upon it.
 
It shall be assumed that each owner of Badger Hill Estates property, by virtue of his or her purchase, knowing of the covenants and these Rules, is motivated to protect the setting and is agreeable to the philosophy of individual environmental restraint for the common good.
 
In order to ensure the implementation of this general policy, the Architectural Control Committee, in its review of proposed buildings for form, materials, scale, height and massing of structures, shall not approve artificial, reflective, faddish, conspicuous or regionally unsympathetic form, wall, roof material or landscape.  Rather, the Architectural Control Committee shall seek to assure unity, harmony, neighboring view opportunities, progressive indigenous character, with the purpose of avoiding self-conscious or attention gathering design idioms or details that militate against a quiet, related community-roofscape-landscape effect.
 
INTERPRETATION OF DESIGN POLICY AND RULES
 
 
The following interpretation of the design policy and Architectural Control Committee Rules is intended to aid owners and their architects or designers.  The Architectural Control Committee will react favorably to the following indigenous architectural notions that seem to be most natural at Badger Hill:
 
Consistent or parallel plane roof slopes throughout the main structure and between it and accessory roofs.
 
Any architectural design should be applied all through out the structure.
 
Restrained, natural, local colors and muted trim.
 
Bronze, anodized aluminum or wood windows and sliding doors.  Solar glass with exterior appearance of a mirror and unfinished aluminum windows will not be accepted.
 
Chimneys should be of a consistent material and design with the architectural theme of the house.
 
Use of natural landscape materials that are pruned rather than trimmed; natural ground covers instead of green, crushed rock ‘lawns’; use of the olive tree to enforce the Badger Hill theme is encouraged.
 
Integral sun control in the original design to avoid the future desire to add sheet metal awnings or other ‘needed’ visual afterthoughts.
 
ARCHITECTURAL CONTROL COMMITTEE RULES
 
RULE 1 – ARCHITECT MEMBER
 
The Architectural Control Committee’s architect member shall be a registered architect who agrees with the design philosophy in these rules who will counsel the committee on technical and aesthetic matters related to each submission of preliminary and final plans.
 
RULE 2 – SITE VISITS
 
Before or after the time of submission of plans for approval, the owner and architect or designer shall in writing inform the Architectural Control Committee that they have visited the site, read the Architectural Control Committee Rules and related portions of the Declaration and other governing documents.
 
RULE 2.1
 
The Architectural Control Committee shall inspect the building site prior to approval of preliminary plans.
 
RULE 3 – PRELIMINARY PLAN SUBMISSION
 
Prior to the submission of final plans, preliminary plans shall be submitted, including the tentative location of the septic system as proposed by a registered civil engineer.  The septic system must be approved by the County of Tulare and submitted with preliminary plans.  If grading or retaining walls are contemplated per Rule 9, the preliminary plans shall include major landscape proposals as well.  It can be assumed that the Architectural Control Committee shall approve final plans that are consistent with the approved, complete preliminary plans, these rules, the Declaration and the Governing Documents.
 
Contiguous neighbors shall be notified when plans are submitted.
 
RULE 4 – HEIGHT OF BUILDINGS
 
Main structures on all lots shall have a height limit of thirty (30) feet measured vertically from the highest adjacent natural grade at the exterior wall line to the high point of the roof.  Accessory buildings shall be of a design similar to the main structure and shall be limited to one story.
 
RULE 5 – DEFINITION:  VISIBLE FROM NEIGHBORING PROPERTY
 
“Visible from neighboring property” shall mean a line of sight sixty (60) inches above grade when standing on any parcel, road or common area.
 
RULE 6 – PREDOMINATE ROOF DIRECTION, SLOPE, MATERIALS

Main structures shall have roofs that slope not less than three (3) vertical to twelve (12) horizontal.  Extreme roofs shall be subject to approval of the Architectural Control Committee.  Minor roofs that carry solar connector panels sloping as much as 35 degrees from the horizontal shall be accepted by the Architectural Control Committee if they are sympathetically integrated into the overall design.
Flat roofs are not acceptable where their roofing is visible from other lots or common area unless they are covered with wood to match the walls of the main structure and in no case shall such roofs excess 25% of the total roof area of all buildings as measured in the plan.
Pergolas with deciduous vines that project into the 25 foot side yard may be approved by the Architectural Control Committee, and once constructed shall not be roofed.
Roof materials shall be limited to clay or concrete tile, composition shingles or shakes or standing seam metal with permanent finish or natural oxidation.  All roofing material samples must be submitted and approved by the Architectural Control Committee.

RULE 7 – REFLECTIVE SURFACES, SOLAR COLLECTORS & EXTERIOR LIGHTS

There shall be no reflective exterior materials other than glass and metal associated with windows and skylights, and minor hardware.   Skylights when visible from neighboring property shall be flat sheet rather than bubble.
 
Solar collectors that are reflective shall be located to avoid glare or reflections onto neighboring property if possible on a reasonable structure functionally buildable on the parcel.
 
Panels visible from the street shall be accepted only upon parcels which have a street side lot line which is within 30 degrees of south facing.
 
Exterior lights shall be diffused so that the direct light source is not visible from neighboring property.  Exterior lights within the ten (10) foot curb line shall not exceed forty (40) watts and must be diffused.

RULE 8 – FENCES & WALLS

All garden fences and walls, including retaining walls where permitted, shall be limited to seven feet above adjacent grade, and shall be of wood, masonry, stucco or vinyl coated metal or wrought iron where visible from neighboring property.  Fences facing the front of lot shall match color scheme and architectural design of the house.

Front yard fences or walls to a maximum height of five (5) feet and may extend no closer the forty (40) feet from the centerline of the road.

RULE 9 – CUTS, FILLS & RETAINING WALLS
 
Any cut, fill or retaining wall shall be shown on building and/or landscaping plan and approved by the Architectural Control Committee.

Any retaining wall exceeding three (3) feet shall be engineered and detail shown on plan.
 
RULE 10 – SWIMMING POOLS

Explosives shall not be utilized to excavate a pool if located within 200 feet of an existing residence without seven (7) day advance notice in writing to that resident and the use of heavy tarpaulin and metal grid retention of all exploded material at the excavation site.  Excavated materials shall be removed from the parcel or distributed within the parcel to an appearance satisfactory to the Architectural Control Committee.

RULE 11 – SEPTIC SYSTEMS

Individual sewage systems shall be designed by a registered civil engineer and be approved by Tulare County.  The foundation and septic report obtained by the Grantor is available for reference.  All rocks and other excavated material shall be placed, distributed and graded.

Any septic system placed in common area shall be returned to native condition to recreate a natural appearance.

RULE 12 – LANDSCAPE

All landscape that shall grow to be or initially is visible from neighboring property shall be of indigenous or regionally sympathetic varieties that should thrive on Badger Hill and shall be submitted in plan and outline specification form for Architectural Committee approval.  Landscape shall mean trees, shrubs, ground cover, mailbox, lights, trash enclosures, berms, rocks, trellises and sculptures of any kind.

The Architectural Control Committee encourages the use of the local olive tree to strengthen and unify this Badger Hill landscape theme.
 
Contours of the lot are required on all landscaping plans submitted to the Architectural Control Committee.

Front yard landscaping must be completed within nine (9) months of certificate of completion of the residence.

Rear yards (if not landscaped) of lots are to be maintained in a condition not hazardous or obtrusive to neighbor views.

Any terrain disturbed from natural state must be landscaped.

Side yards must be landscaped where visible from neighboring properties.

RULE 13 – AUTOMOBILE STORAGE

Each parcel shall include garages or carports screened from neighboring property on all but the entrance side for normal garage of all family vehicles.  Only guest parking, emergency overnight and short-term parking shall be visible from neighboring property.
 
Garages and carports shall not be the predominant architectural feature of the street elevation.

RULE 14 – STORAGE

There shall be no storage of bicycles, garden tools or other domestic and landscape effects or conveniences so that such are visible from neighboring property.

RULE 15 – DRAINAGE & DOWNSPOUTS

Structures and landscape shall be designed and constructed to distribute rain and irrigation by sheet drainage to avoid erosion.  Downspouts shall empty into “sheet flow” pits filled with sand and gravel.

RULE 15.1 – DRAINAGE

A lot may not drain onto a contiguous lot.

RULE 15.2 – DRAINAGE

Lot drainage across fire road shall conform with approve drainage design.  See drawing #1.

RULE 15.3 – DRAINAGE

Plans submitted for approval shall include a drainage plan showing finish grade, elevations and drainage structure details certified by a registered civil engineer.

RULE 16 – DRIVEWAYS

All driveways shall be paved with concrete, brick, stone or alternate material to be approved by the Architectural Control Committee.
 
A setback of at least four (4) feet from the side property line shall be required for all driveways.

Driveway approaches, which extend into the gutter of the street shall require a minimum six (6) inch drain culvert and be sloped on the ends of the approach.  See drawing #2.

RULE 17 – SPARK ARRESTORS

Chimneys shall be maintained with spark arrestors of not larger than ½ inch galvanized mesh.

RULE 18 – METERS

Exposed meters, meter boxes and other utility hardware or tanks shall be screened with cabinets, fences or walls when visible from neighboring property.

RULE 19 – FIRE PROTECTION.

Adequate hose bibs with attached hoses shall be accessible for fir control purposes.

RULE 20 – LOCATION OF STRUCTURE

The contractor shall stake the corners of the structure prior to Architectural Control Committee inspection of site.

RULE 21 – PIE SHAPED LOTS

Homes substantially constructed within the front 60% of the depth of Parcels 82 through 86 may have side yards of 15 feet.  The front setback shall be no less than thirty (30) feet from the street property line.
 
RULE 22 – SUBFLOOR FINISH

The exterior walls, foundation and under floor supports on all structures shall be finished to grade to the satisfaction of the Architectural Control Committee.  Cantilevered, unfinished under floors or stilt houses exposed to view from neighboring property shall not be approved.

RULE 23 – CHARACTER & SIZE OF BUILDING/RESTRICTIONS ON IMPROVEMENTS
  • Minimum Building Size – No residence shall be erected or maintained upon any parcel which shall have a smaller floor area (exclusive of porches, patios, basements, cellars and any garage incorporated in and forming part of the residence) less than two thousand (2,000) square feet.
  • Accessory Buildings – No accessory building of any kind, or garage, shed or tent, shall be erected or maintained on any parcel prior to the erection thereon of the principal residence structure.
  • Height of Accessory Buildings – Accessory buildings or garages of one story, may be erected and maintained for the use of the owner or occupants of the parcel upon which such accessory building or garage is located.  All accessory buildings shall be exclusively used for the enjoyment and benefit of the occupant, the occupant’s family and permitted guests, and shall be occupied only by non-paying guests.
  • Occupancy Prior to Completion/Building Materials – No building shall be in any manner occupied while in the course of original construction or until it complies with all requirements as to area and with all other conditions and restriction applicable thereto.  The construction of any building or structure shall be prosecuted with reasonable diligence continuously from the time of commencement until full completed.  All homes shall be completed within eighteen (18) months from beginning of construction.  A variance request must be obtained from the Board of Directors if a longer time frame is expected.  Every building, fence, wall or other structure placed on any part of a parcel shall be constructed from new material unless the use of other than new material therefore shall have received the written approval of the Architectural Control Committee.
         No building constructed elsewhere shall be moved onto a parcel except with the prior written approval            of the Architectural Control Committee.
  • Utilities Underground – All utilities shall be underground except that Grantor may bring wires overhead onto Badger Hill Estates, and to each parcel therein, provided Grantor deems such wires and poles shall not be detrimental to the property.
  • Antennas & Aerials – No antennas or aerials for transmission of radio or television signals shall be permitted to be erected upon any parcel and no antennas or aerials for the receiving of radio or television signals shall be located on any parcel at any height greater than ten (10) feet above the highest point of the roof of the main structure located thereon.  Exceptions must be approved in writing by the Architectural Control Committee.
  • Setbacks –
          1) Except as set forth in paragraph (b) below, all residences, accessory buildings or other structures                   erected on a parcel shall have such setbacks from street and property lines of the parcel on which                 they are located as follows:
 
                   a) Eighty feet (80’) from the center of a street.
 
                   b) Twenty-five (25”) from all other property lines.  Accessory buildings, located behind all main                          structures, may be located with 25’ of side yard if approved by the Architectural Control                              Committee.  Additional exceptions may be made with Architectural Control Committee                                  approval for lots adjacent to common areas.
  • Installation of Pipe Lines & Conduit – All sewer, storm drain, gas pipes, water pipes and underground conduit and/or cable for telephone, electrical power and television lead-in shall be constructed or maintained on the property, with the exception provided in Rule 23 (e) above, below the surface of the ground and a depth required by the respective utility involved and all public and quasi-public utilities not otherwise provided for shall be at least six (6) inches below the surface of the ground and covered with soil unless otherwise approved in writing by the Architectural Control Committee.
  • Off-Street Parking – Each owner of a parcel shall, prior to occupying any residence constructed on a parcel, install and thereafter maintain an off-street parking area on each parcel to accommodate not less than three (3) guest parking spaces arranged to the satisfaction of the Architectural Control Committee.
  • Height of Trees & Shrubs – Each owner of one or more parcels shall keep all trees, shrubs and hedges located upon his or her parcel or parcels pruned back so as not to block the view from any other parcel and in the event of any dispute as to whether trees or plantings block the view of a parcel, the Architectural Control Committee shall make the final determination as to the proper height of trees and plantings.
         Landscape material shall be selected and positioned so that it may grow to mature height without use            of harsh, aggressive pruning methods to preserve neighboring views.

         Trees with maturing height greater than forty (40) feet shall not be allowed without a variance from the          Board.
  • Sewage Disposal Systems/Alternate Leach Fields – Each residence constructed on any parcel shall be connected to a sewage disposal system with alternate leach fields, with location, design and construction of such sewage disposal system and alternate leach field to be in conformity with the guidelines of the Regional Water Quality Control Board, Central Valley Region, and to be approved by the Architectural Control Committee as hereinafter set forth.
  • Satellite Dishes – Satellite dishes shall be approximately three (3) feet diameter or smaller, and shall be located toward the rear of the house, away from the street.
  • Water Meters/Pressure Regulators – Water meters and pressure regulators must be installed on all homes constructed in Badger Hill Estates.  The meters shall conform to the size and style specifications promulgated by the Architectural Control Committee.
  • View – The Architect and Architectural Control Committee cannot guarantee any view across or down on adjacent lots.
         Main structures shall be placed on lots so as not to obstruct the view plane of neighboring houses.                Such plane shall be measured from rear corners of house at a 45-degree angle to a line, which is parallel          to the street.
  •  Waiver of Requirements – The Architectural Control Committee, by unanimous vote, may for good cause, and upon determination of no adverse impact, waive any of the requirements as set forth in Rule 23.
RULE 24 – GRADED LOTS
Graded lots shall be maintained within a state not to be obtrusive or hazardous to neighbors until construction begins.