ARCHITECTURAL AND AESTHETIC REQUIREMENTS
Section 1. Architectural Control and Review Committee.
(a) There shall exist an Architectural Control and Review Committee (hereinafter referred to as “Committee”) which shall consist of three (3) or more members. So long as there is a Class B membership of the Association, control of the Committee and approval of all plans and specifications and other functions herein shall be vested in the Declarant, who shall appoint all Committee Members. The Appointive Committee members need not be Owners, and shall serve indefinitely, at Declarant’s pleasure.
(b) After Declarant’s Class B membership in the Association converts to Class A membership, a minimum of five (5) Committee members shall be appointed by a majority vote of the board of Directors of the Association at its annual meeting. Members may include members of the Board of Directors and Association Managers. Three (3) elected Committee members must be current Lot Owners, and shall serve until their successors are appointed.
(c) A quorum of the Committee shall consist of a majority of its members; it shall take the affirmative vote of a majority of the members at the meeting at which a quorum is present to approve or perform any action. The Committee shall keep written records of its actions and a file of all correspondence. The Committee shall meet from time to time as necessary.
Section 2 Construction Plan Review.
(a) No dwelling, building or structure of any kind shall be constructed, erected, or altered on any Lot or in any part of the Subdivision, nor shall any exterior additions, changes or alterations therein be made until the plans and specifications showing the nature, kind, color, shape, height, materials, and location thereof shall have been first submitted to and approved by the Committee except for seamless, aluminum rain gutters and/or aluminum screen doors provided that the color of same is white or matches the trim color of the residence.
(b) Two sets of construction plans and specifications shall be submitted to the Committee showing all intended construction and alterations on the subject Lot, including but not limited to site plan, tree survey, landscape plan, sidewalk construction, exterior elevations, paint colors, shingle samples, exterior materials samples, and other descriptions necessary to describe project. An administrative fee of $25.00 may be charged by the Association for processing application and plans for each submission. Plans and specifications in regards to topography and finished grade elevation must also be submitted for approval by the Committee prior to the commencement of any excavation work or activity which will alter the existing topography of the Lot. The Committee shall notify the Lot Owner, in writing, within thirty (30) days of receipt of all required evidence, of the Committee’s approval or disapproval of any project. Said written notice may be signed by any one member of the Committee.
(c) Builders who have contracted with the Developer to purchase 3 or more lots may submit plans of their models, landscape designs and specifications for master approval by the Committee but shall still notify the Committee in writing as provided herein as to which model, colors, landscaping, etc. are to be used on each specific lot The administrative fee may be waived by the Committee for these lots so long as one of the master approved models and landscape design is being used.
(d) The plans, specifications, and location of all contemplated construction shall be in accordance with the terms hereof and with all applicable codes and ordinances of the local governing agency issuing permits for construction or land alteration in effect at the time of such proposed construction or alteration. The Committee shall have the right, in its sole discretion based upon these Covenants, Conditions and Restrictions, to approve or disapprove any Lot improvement, including but not limited to building, fence, wall, screened enclosure, grading, floor elevation, drainage plan, mailbox, solar energy device, posts, antennas, fountains, decorative building features, landscaping plan, landscape device or object, yard decorations, or other improvement, whether as new construction or additions, modifications or alterations to Lots.
(e) In the event there is a violation of the Covenants, Conditions and Restrictions or a violation and/or breach, thereof, a fine may be imposed by the Board of Directors upon recommendation by the Committee. This will include commencement of improvements not approved by the Committee. or improvements made which vary from those approved. It shall be deemed as if approvals were not given and that a violation and/or breach of this Declaration has occurred. A fine of $50.00 per occurrence may be assessed against the Lot and shall accrue with interest as provided in Article VI until the fine is paid and approval is obtained or improvements are corrected to comply with an approval given. If after 120 days from the date the first fine is assessed and the non-compliance has not been corrected, the Committee may re-assess the $50.00 fine as a second occurrence of the same violation and may continue to make said assessment every 120 days until the violation has been corrected. All fines may become liens against upon proper filing of said lien by the Association.
Section 3. Clearing, Maintenance of Lake Lots, Common Area Restoration.
Prior to any construction the Committee will be furnished a tree survey showing the location and type of all trees 4″ or more in caliper at breast height. This survey shall also show types and general location of existing vegetation. A site plan will be provided showing the location of any structures, driveways, and sidewalks that exist or are to be constructed and which vegetation and trees are proposed to be removed.
It is the intent of the Committee that as much of the existing vegetation, if any, on a Lot be retained as reasonably possible. All yard areas of a Lot not left in their natural state shall be sodded or replanted. For any Lot fronting a lake or common area, the Owner of same shall also be responsible for sodding, irrigating and maintaining areas directly behind his property line and the water’s edge, if any.
If any unauthorized clearing takes place on any Lot or Common Areas, restoration of said Lot or Common Areas to their original condition must be made. The restoration plans as to location of plant material, size, and type must be submitted to the Committee for approval. If the Owner of any Lot (or his contractors, agents or invitees) has cleared without written authorization of the Committee or a Lot Owner fails to restore said Lot or Common Area damaged by the Owner (or his contractors, agents or invitees) within thirty (30) days of receipt of written notice from the Committee, then the Committee may complete the required restoration. The cost to the Association of said restoration shall become a lien against the Lot and which may be enforced in the same manner as enforcement of Assessments as set forth herein.
Section 4. Grading, Drainage and Floor Elevations.
(a) Each Lot shall be filled and graded to elevations as defined in this document and as designed by Bussen-Mayer Engineering Group, Inc. and as approved by the City of Melbourne. Drainage of each Lot shall be accomplished by grading Lots so runoff from one Lot does not drain onto another Lot.
(b) Lots designed to have a rear or side yard berm or swale shall be constructed by the home builder in strict conformance to the approved plans and maintained by the Lot Owner in strict conformance to all applicable permits.
(c) Sidewalks for each Lot shall be constructed at the time of each home’s construction. All sidewalks shall be graded so as not to impound water on the Lot and shall be slanted toward the street to assure proper drainage. The property line side of the sidewalk shall be two inches higher than the back of curb elevation and blend in smoothly with the finished final sodded yard grade of each Lot. Builders shall construct handicap ramps from the street to the sidewalk on all corner lots. Handicap ramps shall be considered part of the sidewalk to be constructed at the time of home construction and shall meet the requirements of ADA and City of Melbourne code requirements.
(d) Standard Finish floor elevations shall be those established and designed by Bussen-Mayer Engineering Group, Inc. grading plan as approved or required by City of Melbourne regulations or other government agencies and as may be amended from time to time as required and approved by the City of Melbourne.
Section 5. Landscaping.
(a) All landscaping must conform to all codes and requirements of the local governing agencies. A typical or several master landscape plan(s) may be submitted to the committee for approval by Builders in accordance with above Sections 2 and 3. This plan may be altered to accommodate any existing vegetation on individual lots. All areas of the yard of each Lot not left in this natural vegetated condition shall be replanted with trees, shrubs, flowers, or sodded including all easements and right of ways directly in front, side and rear of all lots. All lake lots must be sodded down to the water’s edge.
(b) No existing living tree four (4) or more inches in caliper, measured at breast height, shall be removed from the Lot unless said tree is diseased or interferes with erecting or placing the house or other permanent structures on said Lot and grading for proper drainage.
(c) A minimum of one (1) tree shall be planted on each Lot. All trees shall remain perpetually on each lot except with written approval from the Committee. Notwithstanding the foregoing, trees must conform to any stricter standards required by any applicable governmental entity. In the event any of the trees die, either by disease or neglect, they shall be replanted with the same type of tree to comply with these minimum requirements. Upon notification by the Association and/or a local governmental entity, each Homeowner shall have thirty (30) days to replant or replace said trees as required under these restrictions. The ARC will determine acceptable replacement trees for trees approved for removal. The ARC shall have the sole and absolute discretion to render determinations regarding trees which are acceptable and conform to the community standard of appearance.
(d) A minimum of fourteen (14) 3-gallon shrubs must be planted in the front and side yard of each residence. This requirement shall meet or exceed City of Melbourne landscape code, whichever is greater.
(e) All lots shall be fully sodded with Floratam sod and shall include a sprinkler system.
(f) Each Lot shall be entirely sodded including all easements, right-of-ways and common areas directly in the front and rear of all Lots. All Lots that have lot frontage on a lake must be sodded by the Builder and maintained and irrigated by the Lot Owner down to the waterline, in the area directly behind the Lot line down to the waters edge.
(g) Pursuant to City of Melbourne Ordinance 96-76, 2d, a landscaped buffer consisting of two (2) wax myrtles on each side of one (1) palm tree and a minimum of two (2′) foot berm will be created as the homes on Lots 18, 19 and 20, Phase 2B, are built along the western property line. Each individual homeowner will maintain the plants on their respective Lot.
Section 6. Roofs, Shingle Material and Exterior Elevations.
No primary portion of a straight gable or hip roof may be built with a pitch lower than 5/12 unless approved. All roofs shall be pitched except for those areas over porches and patios.
The Committee must approve the type, color, and style of all shingle and roof covering materials. Shingles must be fungus-resistant 240 lb. architectural grade dimensional shingles, or higher quality. The Committee may reject any exterior elevation based on the roof line, shingle type or exterior elevation appearance that in its judgment is not within character in keeping up with the standards of the subdivision.
Section 7. Exterior Covering , Siding and Paint.
There shall be no artificial brick, stone, stucco, aluminum, vinyl, T-11 or other siding materials used on the exterior of the buildings or other structures without first receiving written approval of the Committee as to type, color, and texture of the material. Painting of driveways is prohibited.
All paint used on the exterior body of any residence shall be subdued in its tone. Colors should be selected to harmonize with the natural environment of the subdivision and should be soft and unobtrusive. No colors should be loud or bright. No more than one paint color may be used for the body of each residence and no more than two accent trim colors. For the purposes of this section, the color of doors and door frames shall not be counted as one or both of the two permitted trim colors. Paint colors must be submitted for approval prior to being applied on any residence. A written approval listing the manufacturer and paint sample number of all paint colors including body and trim paint and doors and door frames must be obtained for each residence from the Committee.
Section 8. Overhead Garage Doors.
All overhead garage doors shall be decorative in design and should complement the exterior elevation of each individual residence. Under no circumstances may fiberglass or plastic type garage doors be used unless approved. Garage doors should remain closed when not in use.
Section 9. Dwelling Size.
The ground floor of the main structure exclusive of any open porches, patios (enclosed or otherwise), breeze-ways and garages, shall not be less than 1,150 square feet for a one-story dwelling and not less than 850 square feet for the ground floor of a dwelling of one and one-half or two stories. Each residence shall have an enclosed garage for a minimum of two cars. No carports shall be permitted.
Section 10. Building Location.
No building, other than that allowed by City Code, shall be located on any Lot nearer than 20 feet to the front Lot line or nearer than 20 feet to any side street line. No building shall be located nearer than 5 feet to an interior Lot, or nearer than 25 feet to the rear Lot line. For the purpose of this covenant, eaves, concrete slabs, steps and open porches shall not be considered as a part of the building; provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot or easement. If there is any conflict between this covenant and zoning regulations of the proper governing authority said zoning regulations shall apply.
Section 11. Post Lights.
Each residence constructed shall be required to install and maintain an electric or gas exterior post light in the front set back area prior to occupancy. Said post lights shall be uniform in design and in a standard location on each lot. The type and location of the post light shall be determined by the Declarant. The color of the post and fixture shall be black.
Section 12. Street Address Numbers and Mail Boxes.
The location type and color of street address numbers shall be as uniform as possible on each residence as determined by the Declarant. All mail boxes shall be uniform as to type, color and design as determined by Declarant. Unless an alternative is otherwise approved by the Declarant, each mailbox shall have a 4″ x 4″ post, painted black and the black mail box shall be of a standard size. The location and type of the mail boxes shall be determined by the Declarant. All mail boxes and street address numbers are required to be installed by the Builder prior to the occupancy of each residence.