Harriet B Anderson, Recorder Park County
 Book 412 Page 37-56
361298

June 2, 1987

Woodside Park Units 5 and 6
Architectural Standards and Construction Regulations

(Residential)

Introduction

Section I                 Definitions

Section II               Basic Building Restrictions

Section III              Architectural Review Procedures

Section IV              Construction Regulations

Architectural Control Committee Procedures

Original Covenants recorded in Book 304, pages 858-884; and the amendments recorded in Book 311, pages 293 & 294; in Book 362, pages 667-672; and in Book 366, pages 965 & 966. Issued June 1987

ARCHITECTURAL CONTROL COMMITTEE
STANDARDS

INTRODUCTION

Woodside Park is a community where dwellings of varying styles and designs come together in harmony to compliment the surrounding landscape. There is no mandatory "style" of architecture in Woodside. Quality of design and compatibility with the particular lot, adjacent structures, and landscape is to be reviewed by the Committee.

Woodside Homeowners Association, through the Architectural Control Committee sets standards for new construction, additions, and landscaping. These standards help designers, builders, and owners formulate concepts in keeping with the physical and aesthetic requirements of the community.

Because no two lots are exactly alike, the Committee reviews each plan in relation to the specific characteristics of that lot and its surroundings. What might be considered appropriate for one lot might not be appropriate for another. For this reason, the Declaration and appropriate Supplementary Declarations, which apply to all lots, permit the flexibility that is essential when dealing with widely varying topography and lot conditions. The appearance of dwellings from other lots, open space, and roads will be an important consideration.

SECTION I
DEFINITIONS

Unless the context otherwise specifies or requires, the following words or phrases when used in this text shall have the following specified meanings:

1. Association:............................... shall mean the Woodside Park Homeowners Association Units 5 and 6.

2. Builder/Contractor:.................... a person or entity engaged by the owner for the purpose of constructing a dwelling on such owner's lots. The Builder/Contractor and owner may be the same person or entity.

3. Committee:................................ shall mean the Architectural Control Committee.

4. Construction Site:...................... shall mean and refer to such portion of Woodside (including, but not limited to, a lot) on which authority is given by the Committee to construct improvements or store materials or equipment.

5. Declaration:............................... that Declaration of Covenants, Conditions and Restrictions recorded by the Developer affecting Woodside.

6. Developer:................................. WOODSIDE LTD., a Colorado corporation.

7. Development Guide:.................. the plan prepared by the Developer for any filing which illustrates height restrictions, set backs and other special limitations on specific lots.

8. Dwelling:................................... a residence and/or ancillary structure constructed or proposed to be constructed on a lot in Woodside and any improvements constructed therewith.

9. Improvements:........................... any changes, alterations or additions to a Lot from its condition at the time of purchase.

10. Lot:......................................... a platted lot or building site within Woodside Units 5 and 6.

11. Open Space:........................... all land, improvements, and other properties now or hereafter owned or leased by, or from the Woodside Park Unit 5 and 6 Homeowners Association.

12. Owner:.................................... the owner of record of a Lot, whether one or more persons or entities. For the purposes herein, the Owner may act through such Owner's agent, provided that such agent is authorized in writing to act in such capacity.

13. Protective Covenants:.............. the declaration and any Supplementary Declarations recorded by the developer affecting Woodside Units 5 and 6.

14. Standards:............................... those restrictions, review procedures and construction regulations adopted and enforced by the Committee as set forth in this document and as amended from time to time by the Committee.

15. Supplementary Declaration:...... any Supplementary Declaration of Covenants, Conditions and Restrictions recorded by the Developer affecting Woodside Units 5 and 6.

16. Woodside:............................... shall mean and refer to Woodside Unit 5 and 6 according to the recorded plat thereof, Park County, Colorado.

SECTION II
BASIC BUILDING REQUIREMENTS

1. Location of Dwellings and Set Backs

Location of buildings will be in accordance with the recorded plat, the Development Guide, the Declaration and the Supplementary Declaration. All Dwellings shall be set back a minimum of fifty (50) feet from all pubic and private roads and adjacent lot lines.

2. Height of Structures

Height restrictions will be in accordance with the Development Guide, the Supplementary Declaration, and the Committee.

The Committee intends to discourage, and has the right to prohibit, the construction of any dwelling or other structure which would appear excessive in height when viewed from the roads, drives, or other lots.

3. Floor Space, permitted Uses, and Style

Floor space and permitted uses will be in accordance with the Declaration and any supplements to that document.

There is no mandatory "style" of architecture in Woodside unit 5 and 6. Dwellings with an unfinished appearance or rugged cabin finish or design shall not be permitted. Dwellings with a strong traditional style or urban appearance may be deemed inappropriate in Woodside Unit 5 and 6.

4. Color

The color of exterior materials will be generally subdued to blend with the colors of the natural landscape. Earth tones, generally muted, are recommended, although occasionally accent colors and materials used judiciously and with restraint, may be permitted. All colors must be approved by the Committee.

5. Materials

Exterior surfaces will be of materials that are compatible with the natural landscape.

6. Roofs

Approval by the Committee will be based on the visual impact of the roof on the lot or on neighboring Lots, Dwellings, roads, and Open Spaces. Asphalt shingle roofs are generally not allowed. No maximum or minimum pitch is specified.

7. Building Projections

All projections including, but not limited to chimney flues, vents, gutters, downspouts, utility boxes, porches, railings, and exterior stairways shall match the color of the surface from which they project, or shall be of an approved color.

8. Site Drainage and Grading

Site drainage will be done with a minimum disruption to the Lot and shall not drain to adjoining Lots, Open Spaces, or across adjacent roads so as to cause a condition that could lead to erosion.

In situations where grading on a Lot is proposed to extend beyond the Lot line and onto the Open Space, proper approval and permission must be obtained in writing from the Committee and the Association. In such cases, the owner must promptly restore and landscape the disturbed Open Space, at his own expense, and as required by the Committee and the Association.

Driveways should not exceed 10% grade. Down slope fill is discouraged. Where driveway culverts are required, they will be installed by the Owner and installed in such a way as to reduce erosion.

9. Driveways and Parking Areas

Location and size of driveways and parking areas is subject to Committee approval. Driveways and parking areas surfaces and banks must be maintained, any erosion damage must be corrected.

Hard-surfaced private driveways and parking areas are recommended. Exposed aggregate, concrete or asphalt is permitted. Materials used to create special paving patterns are subject to Committee approval.

10. Garage Doors

Visual impact of garage doors will be minimized by such measures as sitting of the Dwelling, protective overhangs or projections, special door facing materials or design, landscaping, berming, etc. Garage doors should be kept closed when not in use.

11. House Numbers

Each Dwelling shall have a street number which is visible from the adjacent road, but does not exceed a total of three (3) square feet in overall size.

12. Foundation Walls

Foundation Walls shall not be exposed, and shall be finished to blend with the general design of the Dwelling.

13. Exterior Mechanical Equipment

All exterior mechanical equipment shall be either incorporated into the overall form of the Dwelling or be permanently enclosed by a material approved by the Committee other than plant material.

14. Accessory Structures

Accessory structures, including dog runs are to be subject to approval of the Committee, and if approved shall be architecturally compatible with the Dwelling.

15. Exterior Lighting

Exterior Lighting must be subdued. The light source should not be visible from adjoining Dwellings and may be permitted by the Committee for such purposes as illuminating entrances, decks, driveways and parking areas, and other purposes approved by the Committee. In all cases, exterior lights are subject to approval of the Committee, and should be of a design compatible with the structure.

16. Landscaping

Landscaping will be subject to approval of the Committee. The concerns of the Committee and the Association are to preserve the natural appearance of Woodside and the maintenance of such appearance.

Landscaping that requires substantial irrigation is not permitted. Well permits issued in Woodside are "in house use "only. For any "outside use" a permit must be obtained from the Woodside Park Water Users Association.

In addition, Lot owners and their representatives or builders are required to:

a. Minimize disruption of the natural terrain (by grading) and by controlling vehicular wear and tear.

b. Re-vegetate and restore ground cover for erosion and appearance reasons.

c. Use primarily indigenous species of plant materials.

d. Select man-made elements that blend and are compatible with the land.

e. When possible, preserve natural drainage paths.

f. Consider and provide for snow storage runoff.

g. Conserve and protect trees, topsoil, rock formations, and unique landscape features.

h. As a general rule, the Committee will exercise more stringent controls on areas visible from roads and nearby home sites.

The Committee requires general landscaping plans at time of final submittal: implementation to begin within one (1) year after completion of Dwelling. Lot owners are encouraged to make adequate provisions for landscaping costs in their overall construction budget.

17. Fireplaces

Proximity of trees to fireplaces and flues should be carefully considered so that trees and branches are not subjected to excessive heat, and, so that fire hazards are not created.

18. Additional Construction and/or Exterior Changes

Additional construction, landscaping, or other improvements to a Dwelling and/or changes before, during or after, completion of an approved structure must be submitted to the Committee for approval prior to initiating such changes and/or additions.

19. Building Code

All structures will conform to all applicable building codes and ordinances. Approval by the Committee does not constitute or imply compliance with such codes and ordinances.

SECTION III
ARCHITECTURAL REVIEW PROCEDURES

The Committee shall schedule reviews upon receipt of a complete plans and specification and provided a deposit of $1000.00 has been submitted. This deposit is required on each lot before Committee approval is granted and prior to any construction. This deposit, at no interest, will be held until all elements of the Declaration and requests of the Committee are satisfied and completed. Any outstanding requirements or violations will be corrected with this $1000.00 deposit.

Owner/Architects/Builders shall not attend the review meeting unless specifically requested by the Committee. The Committee will respond in writing within ten (10) working days after the review (but no later than thirty (30) days after submittal, provided that the plans are in accordance with the requirements outlined. Results of reviews may not be discussed over the telephone. Any responses you wish to make in reference to issues contained in your letter from the Committee following review of your plans must be addressed to the Committee in writing.

The Association may make available a professional Committee member for the purpose of changes, requests, clarifications, and interpretations of Committee standards. Appointments may be scheduled by calling a Committee member.

1. Pre-Design Meeting

Prior to preparing preliminary plans for a proposed Dwelling, it is mandatory that the Owner and/or his architect meet with a Committee member to discuss proposed plans, and to explore arid try to resolve any questions regarding building in Woodside Unit 5 & 6. This informal review is to offer guidance only prior to initiating preliminary design, and shall not be binding on either party. The deposit is not required at this meeting.

An appointment for a pre-design meeting should be made at least one week in advance by calling a Committee member.

2. Submittal Plans

Plans and specifications will be submitted to the Committee as specified in the Declaration, and in accordance with the following submittal and review procedures. The deposit must accompany the submittal.

A checklist available from the Committee must be completed by the submitter at the time of each submittal. Any materials not completed or provided at that time will result in an incomplete submittal, and it may not be reviewed by the Committee.

A. Preliminary Submittal

1. All preliminary plans shall be of the same sheet size and shall include:

a. Site plan (at no less than 1" 20') including:

i. Building location

ii. Entry and basement/walkout levels

iii. Driveway

iv. Parking

v. Grading plan

vi. All easements, set backs, including existing, and proposed topography at maximum 2' contour intervals.

vii. Well and Septic location

viii. Propane tank location

b. A professional survey locating all contour, natural features, affected trees, and all trees that may need to be removed. Any Owner submitting plans for preliminary or final approval to the Committee shall be responsible for the verification and accuracy of all Lot dimensions, grades, location of benchmarks and/or elevations of adjacent roads or drives where Lot access is proposed, and elevations of key features of the natural terrain. Each Owner shall certify to the accuracy thereof before the Committee will undertake its review.

c. Roof plan and floor plans (at no less than 1/8"- 1').

d. All exterior elevations with both existing and proposed grade lines at the same scale as floor plans.

e. Indication of all exterior materials and colors, include samples.

f. Any ancillary improvements contemplated on the lot must be shown on the preliminary submittal.

2. To assist the Committee, the owner is required to provide accurate staking at the locations of all proposed building corners, Lot corners, all easements, and set backs. All stakes must be of 3 minimum heights and must be identified.

B. Review of Preliminary Submittal

The Committee will review on-site the plans, staking, and will provide a written response to the Owner within ten (10) working days after the review, but no later than thirty (30) days after a submittal.

C. Final Submittal and Review

1. After the preliminary submittal has been reviewed and approved in writing by the Committee, the requirements of the final submittal must be addressed.

2. Again a checklist will be utilized to determine the adequacy of submittals. Material lists not complete or provided at that time will result in incomplete submittal, and it may not be reviewed by the Committee until all requirements have been met and verified.

3. All submittals must be delivered to the Committee no later than 10:00 AM of the day of the Scheduled meeting. Submittals are considered in the order received.

4. Final submittal must include:

a. An approximate time schedule indicating starting and completion dates of the Dwelling, utility hook-ups, and completion of landscaping.

b. Site plan (at no less than 1" = 20'), indicating:

i. Building location

ii. Set backs and easements

iii. Driveway location (grade not to exceed 10%)

iv. Guest parking

v. Utility connections

vi. Grading plan including existing and proposed topography at 2' maximum contour intervals

vii. Finished floor elevations, including garage.

c. Complete working drawings including:

i. Roof plan and floor plans (at no less than 1/8" = 1')

ii. All existing exterior elevations with both existing and proposed grades and foundations (top and bottom) shown.

iii. Wall sections and exterior details, including chimneys, exterior stairs and decks, railings, and supports.

iv. Cross section of structure indicating existing and proposed grade lines on the site.

d. Samples of all finished materials and colors, and windows and glass specifications. Samples must be presented on an 18" X 26" board (1/8" thick) clearly marked with Owners name, Filing, and Lot number. All samples must be identified with the manufacturer's name, color, and/or number.

e. Complete landscape plan to include:

i. Areas to be irrigated, if any

ii. Re-vegetative native seed mixes

iii. Plant material additions by common vegetative name

iv. Driveway, retainage, decorative features and lighting

5. Final approval by the Committee shall be issued in writing. However, at least three (3) days prior to commencement of construction, the Owner shall notify the Committee so that its representative can make a dimensional inspection of the Lot to insure that the final building layout is in accordance with the final plan approved by the Committee. Stakes must be 3' minimum height and must indicate Lot corners, building corners, easements and set backs, and must be properly identified.

6. Engineering certification of foundations and the securing of a building permit is the responsibility of the Owner and/or builder.

CONSTRUCTION SHALL NOT COMMENCE UNTIL ALL OF THE ABOVE REQUIREMENTS ARE SATISFIED.

3. Resubmittal of Plans

In the event of any disapproval by the Committee of either a preliminary or a final submission, the resubmission of plans will follow the same procedure as an original submittal.

4. Work in Progress

The Committee may inspect all work in progress and give notice of noncompliance. Absence of such inspection or notification during the construction period does not constitute either approval of the Committee with work in progress or compliance with these standards or the Declaration or Supplementary Declaration.

5. Completed Work

A. Upon completion of any Dwelling or other improvements for which Final Approval was given by the Committee, the Owner shall give written notice of completion to the Committee.

B. Within such reasonable time as the Committee may determine, but in no case exceeding ten (10) days from receipt of such written notice of completion from the Owner, or his duly authorized representative, it may inspect the improvements (Dwelling). If it is found that such work was not done in strict compliance with the Final Plans submitted or required to be submitted for its prior approval, it shall notify the Owner in writing of such noncompliance within such period, specifying in reasonable detail the particulars of noncompliance, and shall require the Owner to remedy the same.

6. Approval

Approval of plans by the Committee shall not be deemed to constitute compliance with the requirements of any local building, zoning, safety, health or fire codes, and shall be the responsibility of the Owner or other person submitting plans to assure such compliance. Nor shall approval waive any requirements on the part of the Owner or his agent to comply with setbacks, height restrictions, or requirements unless such waiver or variance is specifically requested at the time of submittal and provided that the waiver or variance may properly be granted by the Committee.

The Covenants, Conditions and Restrictions as established by the applicable Declarations and

Supplementary Declarations for Woodside Units 5 and 6 shall remain in force as the legal restrictions governing all construction at Woodside Units S and 6.

7. Limitations of Approvals

Final approval of plans is valid for eighteen (18) months. Construction must begin within this period. If not, plans must be resubmitted and reviewed again without further submittal fees. A submittal of a different Dwelling on the same lot requires another review fee.

8. Non-Liability of the Committee and Association

Neither the Committee nor the Association or assigns shall be liable in damages to anyone submitting plans to them for approval, or any Owner by reason of mistake in judgment, negligence, or nonfeasance arising out of, or in connection with, the approval or disapproval or failure to approve any plans or specifications. Every Owner or other person who submits plans to the Committee for approval agrees, by submission of such plans and specifications, that he will not bring action or suit against the Committee or the Association to recover damages.

9. Review of Waiver

The Committee reserves the right to waive or vary any of the procedures or standards set forth herein at its discretion, for good cause shown.

SECTION IV
CONSTRUCTION REGULATIONS

In order to insure a safe, neat and orderly construction site, the Committee and the Association have established certain construction and safety regulations for the benefit it of all Woodside Unit 5 and 6 Owners and residents.

It is of the utmost importance that anyone conducting construction activities in Woodside Unit 5 and 6 exert extreme care in preventing conditions that are unsafe or that could contribute fire, wind or other hazards. The Association and the Committee will not tolerate any activity that, in their opinion, constitutes such hazards.

1. Construction Hours

There is to be no construction on Sunday. Construction may take place between the hours of 7:00 A.M. and 7:00 P.M., Monday through Saturday.

2. Occupational Safety and Health Act Compliance (OSHA).

All applicable OSHA regulations and guidelines will be strictly observed at all times.

3. Construction Trailers, Portable Field Offices, Etc.

Any Owner or contractor who desires to bring a construction trailer field office or the like to Woodside Unit 5 and 6 shall first apply for, and obtain, written approval from the Committee which will work closely with the Owner or contractor to determine the best possible location. Such temporary structures shall be located only in a location approved by the Committee and shall be removed upon completion of construction. They are generally discouraged.

4. Storage of Materials and Equipment

Owners and contractors are permitted to store construction materials and equipment on the approved Construction Site during the construction period only. They shall be neatly stacked, properly covered and secured. Storage of material or construction equipment outside the approved site (Owner's or builder's Lot) will be done only with the approval of the Committee. Any storage of materials or equipment shall be the

Owner's or contractor's responsibility; no security for this is provided by the Association.

Owners and contractors will not disturb, damage, or trespass on other Lots or the Open Space. Should any such damage occur it will be restored and repaired at the offender's expense.

5. Debris and Trash Removal

Owners and contractors must maintain a trash receptacle of sufficient size. Trash and debris shall be removed from each Construction Site as often as necessary to a dumping site located outside Woodside. Lightweight material, packaging, and other items shall be covered or weighted down to prevent wind from blowing such materials off the Construction Site. Owners and contractors are prohibited from dumping, burying, or burning trash anywhere in Woodside. During the construction period, each Construction Site shall be kept neat and shall be properly policed to prevent it from becoming a public eyesore, or affecting other Lots and the Open Space. Any clean-up costs incurred by the Association will be billed to the Lot Owner.

Dirt, mud or debris resulting from activity on each Construction Site shall be promptly removed from public or private roads, Open Spaces and driveways or other portions of Woodside. If debris is not removed after reasonable notice, the contractor will be charged for its removal.

6. Sanitary Facilities

Each Owner and contractor shall be responsible for providing adequate sanitary facilities for his construction workers. Portable toilets or similar temporary toilet facilities shall be located only on the site itself or in areas approved by the Committee.

7. Parking Areas

Construction crews will not park on, or otherwise use, other Lots or the Open Space. Private and construction vehicles and machinery will be parked in areas designated by the Committee.

8. Conservation of Landscaping Materials

Owners and contractors are apprised of the fact that the Lots and Open Space contain valuable native plants and other natural landscaping materials that should be salvaged before and during construction, such as: top soil, rock (moss rock and ordinary varieties), shrubs and trees, and weathered wood and rustic structures.

Materials that cannot be removed should be marked by flagging as salvageable and protected by flagging, fencing or barriers.

Any trees or branches removed at initial excavation must be promptly cleaned up and removed immediately from the Construction Site to avoid insect infestations. In addition, stumps and branches must be chipped or hauled away, and logs stacked or removed.

9. Excavation Materials

Excess excavation material will be hauled off the project. Utility trenches must be back filled promptly. An open utility trench is a safety hazard.

10. Blasting

If any blasting is to occur, the contractor is responsible for informing all residents in the proximity of the Construction Site.

11. Restoration or Repair of Other Property Damage.

Damage and scarring to other property, including, but not limited to, Open Spaces, roads, driveways and/or other improvements will not be permitted. If any occurs, it will be repaired and/or restored promptly to the satisfaction of the Committee, and at the expense of the person or entity causing damage. Upon completion of construction, each Owner and contractor shall clean his Construction Site and repair all property which was damaged, including, but not limited to, restoring grades, planting grass and trees as approved by the Committee, and repair of streets, driveways, pathways, drains, culverts, ditches, signs, lighting and fencing.

12. Miscellaneous and General Practices

The following practices are prohibited on Woodside Units 5 and 6 construction sites.

A. Changing oil on any vehicle or equipment on the site itself other than a location designed for that purpose by the Committee or Association.

B. Allowing concrete suppliers or contractors to clean their equipment in other than approved areas.

C. Removing any rocks, plant material, topsoil, or similar items from any property of others within Woodside, including Construction Sites.

D. Carrying any type of firearms on the property.

E. Use of spring or surface water for construction except where designed for such use by the Committee.

F. Using disposal methods or units other than those approved by the Committee.

G. Careless disposition of cigarettes and other flammable material.

H. The bringing of any animals by construction personnel.

In the event of any violation, Woodside shall have the right to contact the Park County authorities to impound the animal, or to refuse to permit such contractor or subcontractor to continue work on the Woodside property, or to take such other action permitted by law or the Declaration.

I. All Lot Owners in Woodside will be responsible for the conduct and behavior of their representatives, builders, contractors and subcontractors.

J. At least one 10 lb. ABC rated dry chemica1 fire extinguisher must be present and available in a conspicuous place on the Construction Site at all times.

ARCHITECTURAL REVIEW COMMITTEE PROCEDURES

Typical Time

Procedure in Sequence Frame

1. Schedule pre-design meeting.                                                1-5 days

2. Pre-design meeting.

3. Preliminary Plan Review                                                         10 days

a. Preliminary plans complete, 2 sets (checklist).

b. Deposit paid.

c. Study Model

d. Staking on-site.

4. Posting period                                                                          10 days

5. Committee preliminary plan review.                                     2-5 days

a. Submittal review (including comments).

b. On-site staking review.

c. Decision by ACC.                                                                  7 days

d. Written response by ACC.

6. Refine/revise preliminary design as required.

7. Final Submittal.                                                                     1-14 days

a. Final plans complete, 2 sets (checklist).

b. Exterior materials and colors.

c. Landscaping plan.

d. Schedule of construction.

8. ACC Final Plan Review

a. Written response by ACC                                                       7 days

Note:

1. The maximum time frame for items 3 through 5 is 30 days.
2. The maximum time frame for items 7 through 8 is 30 days

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