BRUNSWICK PLANTATION
ARCHITECTURAL PLAN
REVIEW PROCEDURES
AND
RESIDENTIAL DESIGN
AND
CONSTRUCTION GUIDELINES
TABLE OF CONTENTS
Section I – Introduction
Section II – Principles and Purpose
Section III - Administration of ASC
Section IV - Architectural Standards Committee Meetings
Section V - Plan Submission Procedures
Section VI – Site Standards
Section VII - Building Design Standards for Custom Home
Section VIII – Theme Village
Section IX - Fees and Bonds Which Must Accompany Plan Submitted to the ASC
Section X - Field Review/Notify ASC Administrator for Review
Section XI –Variances
Section XII - Appeals of Architectural Standards Committee Decisions
Section XIII - Impervious Surface Coverage Allowable
Section XIV - Priority of Documents
Section XV - Theme Village Models Prohibited in Custom Areas
Section XVI – Limitation on the Use of Pre-Approved Plans in Custom Areas
Section XVII – Contractor Deportment
Section XVIII – Amendment
Section XIX– Severability
BRUNSWICK PLANTATION
Architectural Plan Review Procedures
and
Residential Design and Construction Guidelines
Section I. Introduction
The Architectural Standards Committee (ASC) has been established in accordance with the Master Declaration of Covenants, Conditions and Restrictions for Brunswick Plantation. The purpose of the ASC is to insure high design standards and architectural harmony of the buildings and landscaping in the Plantation and to preserve and enhance the magnificent natural setting and beauty of the property.
The private Property Owners Clubhouse and the Golf Course Clubhouse, which houses the Pro Shop, Restaurant, Sales and Administrative Functions, are of Colonial Architectural style. These buildings are intended to set the general theme of the Plantation and, therefore, the buildings including the private homes must be in architectural harmony with these buildings. Although all buildings will be required to be in architectural harmony with these core buildings, they will not have to be duplicates of them. A wide range of architectural design, colors, landscapes and so forth, may be in harmony, yet it will be the responsibility and the authority of the Architectural Standards Committee to assure that all construction and landscape is in harmony with the Southern Classical Architecture as typified by these buildings.
To insure the best possible designs, the ASC requires that all homes be professionally designed. The professional design may be by any one or a combination of the following:
1) An Architect
2) A Professional Associate AIBD (American Institute of Building Designers)
3) A Commercially Prepared and Sold Residential Plan Book
Please note that should you utilize a standard plan purchased from a plan service, revisions to the plan must be designed by either A or B above, as well as the screen elements around service yards and trash containers.
In addition landscape plans must be professionally designed by one of the following:
1) A Landscape Architect
2) The Brunswick Plantation Staff Landscape Designer
3) Any other Professional Landscape Designer
4) Any Landscape Contractor which has been approved by the ASC
Section II - Principles and Purpose
In order to assure that proper design standards for buildings and landscaping are achieved and to assure a continuity of physical development such that future development will be compatible with existing development, Caw Caw has declared and recorded Covenants, Conditions and Restrictions applicable to Brunswick Plantation. That Declaration established the Architectural Standards Committee and sets forth its jurisdiction, powers, obligations and the rules and regulations under which it will conduct its review of proposed improvements. Any statements contained in this document are to condense, amplify, or clarify provisions of that Declaration. In the event of a conflict, the Declaration's provisions will prevail.
THE APPLICANT IS URGED TO CAREFULLY REVIEW ALL PROVISIONS OF THE DECLARATION PRIOR TO SUBMITTING AN APPLICATION TO THE ASC.
The ASC has been established for the purpose of defining aesthetic standards for construction in Brunswick Plantation and examining and approving or disapproving any and all proposed improvements for a building site within the subdivision, including but not limited to: dwellings, garages, outbuildings, or any other buildings, construction or installation of landscaping, walks, driveways, parking lots, mailboxes, decks, patios, courtyards, swimming pools, awnings, walls, fences, exterior lights, any exterior addition to or change or alteration to existing structures; including, without limitation, paint or staining of any exterior surface.
ASC approval must be obtained for fill operations, shaping of land areas and drainage, and unless located within ten (10) feet of a building or parking area, no tree, shrub, bush or other vegetation having a trunk diameter of six (6) inches or more at a point of four (4) feet above ground level shall be cut, removed or mutilated, provided this does not apply to dead or diseased trees or shrubs. If any such tree, bush or shrub is removed without approval of the Committee, the owner may be required to replace it with a tree, bush or shrub of comparable value. In the event the owner fails, within thirty (30) days, to satisfactorily replace the tree, bush or shrub removed, the owner shall pay the Association damage fee (as set by the ASC) upon demand of up to $2,500.00 per lost or removed tree, bush or shrub. The Association through its agents and employees shall have the right to enter the property for the purpose of replacing the tree, bush or shrub. Liquidated damages provided for herein shall become a lien on the property of the owner.
Section III - Administration of ASC
3.1 To insure that the high aesthetic standards of Brunswick Plantation are consistent, the Developers have retained the services of Joseph G. Johnson of Johnson/Garrett Architects, P.A., 790 Sunset Boulevard, Suite 105, Sunset Beach. The ASC will consist of the architect plus not less than 2 members to be appointed by the Developer.
3.2 Administrator
The ASC shall appoint an Administrator who shall see to the day to day management of the ASC, including the following:
a. Receiving and processing all applications to the ASC.
b. Answering questions concerning the ASC and representing the ASC to the Property Owners and to the general public.
c. Supervision of inspection efforts.
d. Preparing routine correspondence for the ASC.
Section IV - Architectural Standards Committee Meetings
4.1 The ASC may conduct regular meetings monthly, all meetings will be held at the on-site office of the ASC.
4.2 The ASC may conduct special meetings, upon notification of date, time and place from the Chairman.
4.3 All decisions of the Architectural Standards Committee will be final unless appealed pursuant to the appeals procedures set forth in Section 10, contained herein.
4.4 Applicants will be notified, in writing, of all decisions of the ASC. Oral representation of any decision will not be valid and will not represent decisions of the Committee.
4.5 Applicants may have returned to them a copy of plans reviewed by the ASC with appropriate markings to amplify the comments or recommendations of the Committee. Markings on plans so received will not bind the ASC to any design indicated therein but are offered only as advisory comments.
4.6 Special visual aids such as models, slides, etc. may be reclaimed by the applicant.
Section V - Plan Submission Procedures
5.1 TWO (2) SETS of all building plans must be submitted along with a completed application form to be provided to the applicant by the ASC. You may also submit two (2) copies of the landscape plans at this time, but you are not required to submit landscape plans until the field review for the dry in inspection.
5.1.1 Building plans must be submitted at least 7 days prior to the scheduled ASC meeting in order to allow the Committee enough time for the thorough review.
5.1.2 All plans may be submitted to the POA Administrator at the Administration office on-site which is located in the Caw Caw Construction Offices.
5.2 Review plans must include as a minimum the following:
Drawings:
a. Site Plan at 1" = 20' (minimum)
(1) North Arrow
(2) Property lines with dimensions and bearings
(3) Elevation of lot at each corner
(4) Dwelling to be indicated as floor plan with entry area, stairs, and decks delineated and roof lines shown as dashed lines.
(5) First Floor Elevation (FFE) indicated
(6) Setback lines shown
(7) Drives and walks shown including materials and colors
(8) Service yard and screening
(9) Flood elevation at approximately the middle of the building pad. The FEMA flood elevation may be obtained from the Official FEMA maps located at the Brunswick County Planning Office. The Floyd flood elevation must be obtained from the ASC Administrator; in either event, however, the relevant flood elevation shall be shown at the approximate middle of the building pad.
(10) Impervious Surface Coverage allowed and showing how much impervious areas are covered by the house foot print, patios, driveways, etc. including the driveway to its point of connection with the street.
(11) Pipe culvert size where required must be shown.
b. Landscaping Plan @ 1" = 20' (minimum)
c. Floor Plans: To scale 1/8" or 1/4" = 1'-0". These should include for each floor:
(1) The exterior and interior walls
(2) The windows and doors
(3) The overhangs of roofs shown
(4) The overall dimensions of the plans
(5) The driveway location, stairways, trash and HVAC and service yard enclosures
(6) The heated and cooled square footage in the house.
(7) The gross square footage in the building.
(8) If the house is 1 1/2 stories or more, the square footage on the ground floor including the garage.
d. Elevations: Front, Rear, Right and Left side
(1) Show how building relates to grade level
(2) Show screening type and location
(3) Show trim and corner details
(4) The material brand name and color shall be called out on the plan or contained on an attachment thereto
(5) Show typical wall from grade to ridge*
(6) Show typical decks and railings*
(7) Show typical screened porch*
(8) Show typical lattice or screening detail*
*NOTE: The detail of these items may be shown in drawings, by magazine cut or in writing, provided the method is sufficient in the opinion of the ASC to properly show these details.
e. Color Board and Exterior Materials Samples consistent with those called out on the plans shall be submitted as a part of the submission process. If the Contractor/Owner will be using exterior materials and colors on display in the Caw Caw Materials Showroom, they must be identified; however, the samples may be waived as part of the plan submission process. If the exterior materials and colors are being selected from the Caw Caw Showroom, they must be selected, submitted to and approved by the ASC before the foundation field review; otherwise, the samples must be submitted as a part of the plan submission process.
5.3 Improvement Review
The Covenants require that "No subsequent alteration or modification of any existing improvements nor construction, erection, or installation of additional improvements may be undertaken on any of the properties without prior review and express written approval of the ASC." A request for review of the proposed improvements by the Committee must contain:
a. Site Plan of proposed location of improvement to scale.
b. Letter of intent with description and purpose of improvements.
c. Material and color sample (preferably to match or blend with existing materials.)
d. Floor plans and elevation as outlined in Section 3.2.2(c) and (d).
5.4 Incomplete Submission
Any submission that does not include all plans, materials, applications, and other items as required by this section will be rejected by the Administrator and will not be placed on the agenda until all requirements have been met.
5.5 Rejected submissions may be resubmitted seven (7) days in advance of the next meeting.
Section VI - Site Standards
6.1 Impervious Coverage Square Footage
No variance which will serve to increase the impervious coverage to an amount greater than that allowed for the particular lot will be granted by the ASC; therefore, the impervious surface square footage must be clearly stated on the site plan.
6.2 Flood Zone & Floor Elevation Requirements
All residential structures shall have a minimum finished floor elevation as follows:
A) Custom Homes
1) 36" above existing grade (OR)
2) 2' above FEMA Flood elevation or 1' above the Floyd flood elevation (if known), if greater
3) Whichever requirement is GREATER shall apply.
B) Theme Villages
The first floor elevation must be at least 2' above FEMA Flood elevation or 1' above the Floyd flood elevation, if greater. In addition, minimum height elevations above the adjacent street elevation as well as minimum height above existing grade will be established by the Developer and shown in the Theme Village Building Criteria.
6.3 Setbacks (must be shown on the site plans)
6.3.1 Custom Lots
a. Fixed Front Building Line: 35'-0".
b. Side Yards: 10'-0" minimum. (Note: Service yards may extend not more than 6’ into the side yard set back.
c. Rear Yard: 30'-0" minimum.
d. Setbacks and Building Line are measured from Property Line to Wall Line. Roof Overhangs are allowed to encroach into the Setback 2'-0".
e. As may be approved by the ASC in specific cases where strict adherence to these minimums would be burdensome.
6.3.2 Theme Villages
Building Set-Back Guidelines will be contained in the Building Criteria for the specific community involved, or as may be approved in a specific case by the ASC.
6.4 Fences
Fences can be useful design elements to screen utility areas or other objectionable site elements, stand as a planting backdrop, provide privacy for outdoor spaces, reduce wind and provide sun "pockets," and identify and emphasize entries. Fences may be of wood, brick, vinyl or wrought iron and must harmonize in character and color with the house. Maximum height is four feet. Likewise, gates and other features should be of compatible design and color. The fences should attempt to define and create spaces rather than be merely used as a property delineator.
Patios, decks, porches, and open spaces which are attached to the house and located within the required set back lines may be enclosed with approved decorative fencing provided the area does not exceed the impervious coverage square footage limitation which applies to the lot. Chain link fences are not permitted on any lot. Note: The plans for any fence must go through the plan submission process.
6.5 Reflective Materials, Window Air Units and Outside Clothes Drying Facilities
Further, no foil or other reflective materials shall be used on any windows for sunscreens, blinds, shades or other purposes, nor shall any window-mounted heating or air conditioning units be permitted. Except within screened service yards, outside clothes lines or other outside facilities for drying or airing clothes are specifically prohibited and shall not be erected, placed, or maintained, nor shall any clothing, rugs, or other item be hung on any railing, fence, hedge or wall.
6.6 Driveways and Parking: Driveways, turnarounds and excess parking areas must be surfaced with brick, concrete or some other approved hard surfaced material. The driveway must provide adequate drainage provisions to accommodate a heavy downpour. All drives must provide a substantial apron at the road edge. Regardless of surface type, the drive must be at least 12 feet wide. Drives located along a property line may need to be screened (within the line) with an appropriate shrub. Driveways should not be closer than 2 feet to the side of the property line. Excess parking (parking outside the garage) must be provided for two (2) automobiles.
6.7 Culvert Requirements:
a. Minimum size has been engineered to suit drainage requirements. Contact the ASC Administrator for size requirements for your lot.
b. Culvert must be concrete with tapered ends.
c. Temporary culverts with volume equivalent to the permanent size required for the lot must be installed prior to start of construction.
d. Head walls at driveways are not permitted.
e. Culvert must be installed so that driveway makes a smooth transition to the road.
6.8 Service Yards. Garbage cans, mechanical equipment and above-ground LP gas tanks must be visually screened from view from roads, the golf course, and adjacent properties. The visual barrier shall be a maximum of six (6) feet high and must be of material matching some portion of the exterior of the house. The landscaping plans shall consider the placement of the service yard.
6.9 Exterior Lighting. Plant lighting and landscape lighting is encouraged in moderation. Path lighting must be no taller than 3' mounting height and use no more than 20 watt incandescent lamps on posts. Landscape light fixtures must be shielded by planting and concealed in daytime. Minimum required -- Post Lights shall be located on a setback line consistent with the existing Post Lighting and shall be located within 5 feet of the driveway. Post Light must be purchased from Brunswick Plantation,
6.10 Landscaping. A successful landscape plan is composed of a number of elements that, with quality design and execution contribute to a unified marriage of the natural environment and man-made elements introduced to the site. These introduced elements will be reviewed by the Committee for effectiveness in solving some of the issues outlined below.
Perhaps the most important aspect of a successful landscape plan is the planting budget which is money well spent to increase the value and appeal of your new home. Landscape improvement should total three to five percent of total home costs.
Your landscape plan can be practical as well as attractive. On a wooded site, protecting and planting trees decreases temperature impacts of seasonal extremes, while at the same time providing privacy and beauty.
The planting plan shall break up the foundation of the building, buffer driveways and parking areas adjacent to property lines, and provide cover for areas disturbed during construction. Plants for screening should be appropriate and of sufficient size and spacing to ensure an adequate buffer within a year or two.
The natural landscaping approach should concentrate your planting efforts adjacent to the house, especially near the entry. The more ornamental plants if used correctly, will provide a transition from the natural character of the site to the man-made structure of the home. The ground cover should begin this transition, which should progress to larger shrubs closer to the house. For maximum appeal, try to mix textures and color, but do keep the plan simple. A better effect can be achieved from using quantities of a few species rather than a few plants each of many species. Straight line planting is discouraged - planting should achieve a staggered, grouped effect as if grown naturally.
6.11 Minimum Planting Requirements
a. Front Yard: 5 Trees, minimum size, B (bagged) & B (balled), 8'-10' or equal
20 Shrubs, minimum size 3 gallons
b. Side Yard: 1 Trees, minimum size, B & B, 8'-10' or equal
5 Shrubs, minimum size 3 gallons
c. Rear Yard: 3 Trees, minimum size, B & B, 8'-10' or equal
10 Shrubs, minimum size 3 gallons
d. Ground Cover: With the exception of the required planting beds, the side yard and the front yard must be sodded. In the case of the front yard, it must be sodded to the edge of the adjacent pavement in the street. Approximately 70% of the rear yard shall be sodded. The remaining approximately 30% of the rear yard must be in planting beds.
e. Planting beds: A minimum of one planting bed in the front yard to incorporate at least two (2) trees and six (6) shrubs.
f. Screening plants are to be in addition to minimum requirements and must be 3'0" high at planting. Minimum five (5) shrubs.
g. Trees may be removed with ASC approval on lots having adequate existing trees.
h All plants shall be in accordance with American Association of Nurserymen's (AAN) latest edition of American Standard for Nursery Stock.
6.12 Care of Specimen Trees
a. All specimen trees, as designated by the ASC Administrator, will be protected from damage during construction.
b. Batter boards will be erected and maintained around each tree so designated by the ASC.
c. Excavations and installation of underground utilities will be performed in such a manner as to avoid damaging the root system of specimen trees.
d. If, in the judgment of the Architectural Standards Committee, a specimen tree is damaged or destroyed due to carelessness or avoidable activities on the part of the owner or contractor, the ASC may require the replacement of the tree with a new specimen tree (or other tree or shrub as the ASC may determine).
6.13 Adjoining Properties During Construction
Side and rear property lines shall be staked and marked by a registered land surveyor, and maintained for the duration of the construction project. All materials must be kept and stored within the confines of each individual lot. All vehicles, both deliveries and workman's must operate within the confines of the lot and shall not cross any of the adjacent properties. The swale in front of each property is owned by the Property Owners Association and is not considered part of the owner's property. One culvert shall be installed at the driveway entrance of each property and this alone shall be the only entrance to the property. No vehicles will be permitted to use the swales for either ingress or egress to said lot. Both the lot owner and the contractor shall be considered the responsible parties and will be billed for any damages that may occur through violations of this section. This will include, but is not limited to, replacement of damaged trees, removal of construction materials and restoration of all disturbed or damaged areas. Silt fence must be installed along the property line.
6.14 Mailboxes, including Newspaper Receptacles
In order to assure uniformity in appearance, homeowners must purchase mailboxes, including newspaper receptacles from Brunswick Plantation. These mailboxes and newspaper receptacles shall generally be placed on the side of the driveway nearest the property line.
6.15 Soil and Sedimentation Erosion Control
Silt fences must be installed as a part of the construction process along any lot line, where silt and sedimentation may occur off site. In addition silt fences must be installed along any drainage ditch or swale which may experience silt or sedimentation from the construction process. In addition, a silt fence must be placed at the mouth of the driveway culvert which connects the lot to the street. Stone, crushed rock, or some other ASC approved material must be placed on the driveway connection to the street in order to prevent traffic from spreading silt onto the street.
Section VII - Building Design Standards for Custom Homes
7.1 Square Footage Minimums:
The home must have a minimum of 2,000 square feet of heated and cooled living space. Certain areas may require more than this minimum and therefore, the minimum in those areas will be as required in the Supplemental Declaration as applies to the particular lot.
If the house contains 1 1/2 stories, the first floor must contain at least 1,700 square feet above grade.
If the house contains 2 or more stories, the first floor must contain at least 1,500 square feet above grade.
7.2 Roofs: Main House minimum pitch: 8"/12"
Porch and Accent Roofs minimum pitch: 4"/12"
Variances to the roof pitch minimums may be considered for special designs on a case by case basis in the sole discretion of the ASC.
7.3 Dormers: Required on one story and one and one half story homes.
Roof Pitch Minimum: 8"/12"
Shed Roof exception: 4"/12"
Variances to dormers may be considered for special designs on a case by case basis in the sole discretion of the ASC.
7.4 Shingles: Shingles are to be of architectural grade (240 lb.) minimum; the roof may also be metal or tile as approved by the ASC in its discretion on a case by case basis.
7.5 Garage: Minimum dimension 22'x 22' equipped with a garage door and space configuration inside the enclosure arranged such that two standard size U.S. made automobiles may be parked inside and the garage door closed.
7.6 Garage Door: Architectural detail trim and entry design must be reflected in the garage entry.
7.7 Entrance: Entrances must be emphasized and shall clearly stand out on the front elevation. Porches that are covered with accent roofs are encouraged. All designs must use either decorative columns or pilasters. Entry doors must be emphasized with architectural detail trim, sidelights or transoms.
7.8 Windows: Detail trim of entry door must be reflected in window trim. Muntin window dividers are required on front elevation and are encouraged throughout design.
7.9 Siding:
a. The foundation shall be either brick or stucco.
b. Fascias and soffits may be aluminum, vinyl or wood.
c. Vinyl siding may be allowed on the sides and rear in a single board design as manufactured by Alcoa ( Meadowbrook or Silhouette) beaded exterior vinyl siding, or substantially similar patterns from competitive manufactures. Any other vinyl siding must be approved by the ASC.
d. No vinyl siding may be used on the front elevation except on the: (1) dormers; (2) fascia; (3) trim; (4) gables; (5) vinyl shakes may be used on the front elevation. Note: If vinyl shakes are used on the front elevation, they must be used in all other places vinyl is used on the building. All elevations which face a street may be treated as a front elevation if deemed necessary by the ASC; if this be the case, the exterior finish for both elevations must match.
e. Side elevations must be broken up by windows, offsets in the wall line, and or by using other materials and textures. Special attention to detail is required when the side of the home faces a street.
f. If the front siding material is different from the materials used on the sides, then the front siding material shall rap around the corner and side of the building for a minimum of 24".
g. Rear elevation must be broken up with windows, offsets in the wall line, porches, decks, screen porches, and or gabled roofs.
7.10 Architectural detail trim accents are required at corners, windows, and doors. Details must be clearly shown and specified on elevations.
Section VIII - Theme Village
8.1 Since the Developer will have selected the particular models to constitute the Theme Village, the ASC will accept from the Developer one plan for each of the house models, which it intends to constitute the Theme Village. The receipt of the plans for the various theme models in a particular village will be identified and accepted by the ASC and these plans shall be retained on file by the ASC. Because of this procedure, Sections V and IX of these Guidelines do not apply to original construction by the Developer.
8.2 As a part of the plan presentation process for a particular Theme Village, the Developer shall present, as a part of the plans for filing by the ASC, a site plan which shall show a typical layout that complies with the relevant provisions of Section VI of these Guidelines; however, individual plans for each site shall not be required in original construction in a Theme Village.
8.3 Other than original construction by the Developer in the Theme Village, all construction or alterations on any lot shall be subject to the plan submission process as outlined in Article Three for the custom home plan approval process. In this connection, the ASC shall consider the characteristics of the Theme Village and shall not approve any planned construction or alteration, which does not in their opinion conform to the theme of the village involved.
Section IX - Fees and Bonds which must accompany plan submitted to the ASC
9.1 Architectural Standards Review and Administrative Fees: An Architectural Standards review fee in the amount of $325.00, an Architectural Standards Administrative Fee in the amount of $270.00 and an architect fee of $100.00 for a field inspection of the house location on site for a total of $695.00 must accompany the plans when submitted to the ASC.
9.2 Before footings are placed in the ground the Architect retained by the ASC shall make the required on site inspection of the exterior wall layout.
9.3 A road maintenance fee in the amount of $600.00 must also accompany the plan submittal to the ASC.
9.4 Other than homes being built by Caw Caw Land Corporation or its builder, if the initial building plan submission is not accompanied by a landscape plan, then the submission must include a check to the ASC in the amount of $500.00 which will be deposited and held as a bond by the ASC Administrator until the landscape plan has been submitted and approved by the ASC Committee or its designated representative. Should the landscape plan not be in by the dry in filed inspection, the ASC Administrator shall have a landscape plan prepared for your yard and submit it to your builder as the approved landscape plan for your home. The ASC will retain the $500.00 for this service.
9.5 a. Other than the homes built by Caw Caw Land Corporation and/or its builder, a compliance bond in the amount of $2,500.00 in the form of a check from the Owner or Builder must be deposited with the ASC prior to commencement of construction on the building project. This compliance bond is for the purpose of insuring compliance by the Contractor with these rules, the Master Declaration and any other specific requirements imposed by the ASC under these documents or as contained in the Contractor Deportment Agreement. The Owner and/or Builder will be notified by the ASC Contract Administrator of any infractions and any fine assessed by the ASC in writing and given appropriate time to correct the infraction. Infractions which are not corrected within the allowed time will result in a fine as the ASC deems appropriate and will be deducted from the compliance bond before a refund of the bond and the issuance of its final approval certificate.
b. If the home is completed and ready for occupancy prior to the landscape work being completed according to the approved landscape plan, the ASC may require a landscape performance deposit bond in the amount of $5,000.00 before it gives approval to BEMC (the electrical supplier) to hook up electrical service to the
home. Should the homeowner fail to complete the landscape work within forty-five (45) days after the certificate of occupancy is issued, the ASC may (but is not required) proceed to have the landscaping done on the lot (up to the $5,000.00 on deposit) and pay for it out of the landscape performance bond deposit.
Section X - Field Review / Notify ASC Administrator for Review
10.1 Pre-Clearing Inspection
a. Stake lot corners and string property lines.
b. Stake house foundation and string each line.
c. Mark trees to be removed with surveyors tape
10.2 Foundation Inspection
a. A Registered Surveyor shall stake the corners of the lot.
b. The property line shall be identified with strings after the Surveyor has staked the corners.
c. The Builder shall string the foundation line to the height of the finished floor prior to commencement of construction of the foundation and notify the ASC Administrator.
d. A Registered Land Surveyor shall provide a foundation survey and issue a certificate once the foundation is in place. A copy of the survey certificate shall be given to the ASC.
10.3 Dry In. In order for the ASC Administrator to be able to visually check the elevation for comparison to the approved plans, you must notify him when the walls are framed, roof is in place and windows and exterior doors are hung. Note: The landscape plan must be submitted to the ASC by the time this review is conducted.
10.4 Final: Notify the ASC Administrator when residence is complete, including landscaping (or the ASC has received the $5,000.00 deposit referred to in Paragraph 9.5.b). Upon final approval, the Administrator will issue a final approval certificate and Brunswick Electric Membership Corp. will connect permanent power.
10.5 County Building Permit: These reviews and approvals are in addition to those required by the County Building Department.
10.6 ASC inspections and approvals are solely for the benefit of the ASC and the owner may not rely on them for any purpose.
Section XI - Variances
11.1 The ASC may grant variances from these guidelines to alleviate hardships in any particular case, to adjust for physical conditions where strict compliance would not be practical and to accommodate any particular special design that the ASC feels is compatible with the surrounding area, but not in strict compliance with these guidelines.
11.2 All variance requests must be in writing and shall:
a. Contain a complete description of the variance requested; and
b. The reason for the variance request. The request should be submitted with the project submission.
Section XII - Appeals of Architectural Standards Committee Decisions
12.1 An applicant receiving a negative decision from the ASC is advised to revise the plans in accordance with recommendations and resubmit them to the Committee for review.
12.2 If the applicant is unable to comply with the requirements of the ASC, he may request a hearing before the Board of Appeals. The request must be made in writing and directed to the Board of Appeals.
12.2.1 The Administrator shall convene a meeting of the Board of Appeals within fifteen (15) days of receipt of request.
12.3 The Board of Appeals will initially consist of 3 members to be appointed by the Developer and is not to include current members of the Architectural Standards Committee.
12.3.1 The Board of Appeals may request consultation with other professionals as it deems necessary.
12.4 The Board of Appeals will conduct a review of the most recently disapproved plans of the applicant.
12.4.1 The appellant will be given an opportunity to speak before the Board of Appeals, using whatever visual aids or consultants he feels appropriate.
12.5 All Board of Appeal's members must be present for a quorum.
12.5.1 The majority vote of the Board of Appeals will carry a decision.
12.6 All decisions of the Board of Appeals will be final.
Section XIII - Impervious Surface Coverage Allowable
The impervious surface coverage allowable under the Supplemental Declaration which applies to the lot shall be controlling, notwithstanding any conflict with these guidelines.
Section XIV - Priority of Documents
The Master Declaration is superior to the Supplemental Declaration. The Supplemental Declaration is superior to these design guidelines. Should conflict arise between these guidelines, the Supplemental Declaration or the Master Declaration, they shall be interpreted accordingly.
Section XV - Theme Village Models Prohibited in Custom Areas
No Theme Village model nor any modification or alteration thereof will be permitted or allowed to be constructed in any custom home area
Section XVI – Limitation on the Use of Pre-Approved Plans in Custom Areas
16.1 Use of a pre-approved custom house plan shall not relieve the lot owner or his representative from full compliance with these construction guidelines in all particulars,
16.2 In order to protect the aesthetic integrity of the community, use of a pre-approved house plan shall be subject to the following restrictions:
a. An exterior elevation of a pre-approved plan home shall not be placed on a lot facing the same street within ____ lots of a home with the same exterior elevation. In this regard, changing the exterior colors or materials of the new home shall not lift this restriction.
b. The ASC may, in its sole discretion, deny use of a particular pre-approved plan on any lot if, in the Committee’s judgment, this home on this particular lot will be sufficiently visible in relation to the same model on another lot so as to violate the spirit of this restriction on the use of pre-approved plans.
Section XVII - Contractor Deportment
17.1 The Contractor, in carrying out the construction project, shall comply with the Declaration of Covenants, Conditions and Restrictions which apply to the lot on which construction is occurring. In addition, he shall insure that his subcontractors, material delivery men, his and their agents and employees, comply with these requirements together with the rules and regulations contained in these guidelines.
IN ADDITION, THE CONTRACTOR SHALL EXECUTE AND DELIVER TO THE ASC ADMINISTRATOR, THE CONTRACTOR DEPORTMENT AGREEMENT ATTACHED TO THESE GUIDELINES AS EXHIBIT B ALONG WITH THE APPROPRIATE FEES AND BONDS, PRIOR TO COMMENCEMENT OF CONSTRUCTION. CAW CAW LAND CORPORATION FOR ITS IN-HOUSE CONSTRUCTION SHALL BE REQUIRED TO EXECUTE ONE MASTER CONTRACTOR DEPORTMENT AGREEMENT WHICH SHALL COVER ALL OF ITS CONSTRUCTION PROJECTS.
Section XVIII - Amendment
18.1 The foregoing rules and regulations may be amended at any time by majority vote of the Architectural Standards Committee.
18.2 No prior notices or announcements will be required to amend these rules and regulations.
18.3 Any preliminary or final plan, marked received, shall be subject to the rules and regulations applicable at that time.
Section XIX- Severability
19.1 This document shall not be rendered invalid or unenforceable should any of the provisions of this document or the application or effect thereof be invalid or unenforceable for any reason and to any extent. Those provisions which are not invalid or unenforceable shall remain in full force and effect.
These Design and Construction Guidelines approved and accepted by the ASC.
This the _____ day of October, 2004.
BRUNSWICK PLANTATION
ARCHITECTURAL STANDARDS COMMITTEE
COMMITTEE _________________________________
Contract Administrator
_______________________________
_______________________________
_______________________________
_______________________________
EXHIBIT A
BRUNSWICK PLANTATION
HOUSE PLAN SUBMISSION
PROCEDURE AND INFORMATION SHEET
1. Provide your design professional with a copy of the Architectural Standards Section of your Master Declaration Notebook.
2. Provide two (2) complete sets of the building plans and two (2) complete sets of the landscape plans with completed application forms or in the absence of the landscape plan, a check to the ASC in the amount of $500.00.
3. Have your Contractor sign and deliver along with the initial plan submission, the Contractor Deportment Agreement attached hereto as Exhibit B.
4. Prepare and present along with the plan submittal, the color board (if required under these Guidelines.
5. Include your submission fee check in the amount of $1295.00 (this is the total of the Architectural Standards Review Fee in the amount of $325.00, the Architectural Standards Administrative Fee in the amount of $270.00 and the architect fee of $100.00 for field inspection and the $600.00 road maintenance fee) made payable to the ASC. REMEMBER IF THE LANDSCAPE PLAN IS NOT SUBMITTED, THEN AN ADDITIONAL $500.00 CHECK MADE PAYABLE TO THE ASC WILL NEED TO BE SUBMITTED WHICH WOULD MAKE A TOTAL IN THE ABSENCE OF THE LANDSCAPE PLAN IN THE AMOUNT OF $1,795.00.
6. If you are using an outside Building Contractor, then the Contractor compliance bond in the form of a check payable to the ASC in the amount of $2,500.00 must be submitted. Remember, this bond is to insure that your builder complies with the Declaration governing the community and these guidelines; therefore, your builder is the person who should submit these funds; however, that is between you and your builder. The bottom line is the compliance bond as required by these guidelines must be submitted together with an executed copy of the Contractor Deportment Agreement before the plans will be finally approved by the Committee.
7. Fill out the attached checklist in its entirety and turn it in as a part of the plan
submission to the ASC.
8. Turn the complete package in to the office of the ASC Contract Administrator located in the Caw Caw Construction Office.
NOTE: INCOMPLETE PACKAGES WILL NOT BE REVIEWED.
EXHIBIT B
BRUNSWICK PLANTATION
MASTER DEPORTMENT AGREEMENT
Date: _____________________
Construction Location (Lot#): __________________________________________________
Name of Owner: _____________________________________________________________
Address: ___________________________________________________________________
Telephone: ______ (land line) __________________________(cell)
General Contractor: _________________________________________________________
License # ___________ Telephone # _________________________
Address:
New Construction Major Improvements to Existing Structure
The ASC is the body charged with enforcement of the Brunswick Plantation Covenants and Construction Guidelines for construction work taking place in the Plantation. The Contractor has been chosen by an owner of a lot in the community to be the General Contractor on the above described construction project. In order to insure compliance with the community governing documents, the Restrictive Covenants and the Building Guidelines, the ASC requires as a part of the project approval process that this General Contractor Deportment Agreement be executed and the parties wish to reduce this Agreement to writing.
NOW THEREFORE, in consideration of the mutual covenants hereinafter contained between the General Contractor and the ASC acting through its ASC Contract Administrator, the parties agree as follows:
GENERAL CONTRACTOR COVENANTS
The General Contractor hereby covenants and agrees with the ASC that:
1. I have read the ASC Guidelines, Covenants, Conditions and Restrictions and do agree to follow them in full.
2. I understand and agree that the property lines are to be staked by a registered land surveyor for the Contract Administrator's review prior to any construction activities on the lot. I also understand that the footprint of the house must be staked and reviewed by the Contract Administrator before construction commences.
3. I agree to carry out this project construction according to the plans and specifications as approved for this project in the final review by the ASC. No changes to these plans will be made by me without prior approval by the ASC or its Contract Administrator.
4. I am responsible for the behavior and actions of all of my employees, agents, subcontractors, suppliers and others coming on or about the job in connection with my performance under the contract.
5. I am responsible for maintaining a clean construction site at all times. In order to comply with this requirement, I will provide a container on-site with sufficient screening to accommodate the trash and refuge from my building project. In addition, I will provide a covered container so that employees can dispose of cans, bottles, lunch bags and other minor refuge items so that they will not be lying loose on the lot. I will also empty these containers often enough so that they will be able to support the refuge generated from the building project.
6. For the duration of construction and upon completion of the building project, I am responsible for a thorough clean-up of the construction site.
7. I agree that I will immediately stop construction on the building project at any time should I be directed to do so by the ASC Contract Administrator in writing, provided the written notice describes the manner in which I am in violation of this Agreement, the Restrictions or the Residential Design and Construction Guidelines. I further agree that any action I take after notice will be limited to the sole purpose of correcting any violation and/or as otherwise necessary to comply with this Agreement and those requirements. I will not commence work toward completion of the building project until the stop work order has been lifted by the ASC Contract Administrator.
8. I hereby represent to the ASC that I am a licensed North Carolina General Contractor, that the license number shown at the head of this document is correct, that it is current, and that this license is in a sufficient amount to cover and authorize me to carry out the building contract as the general contractor.
9. I understand the compliance bond in the amount of $2,500.00 which has been submitted to the ASC will be held by the ASC in an escrow account and should I fail to abide by this Contractor Deportment Agreement, the Residential Design and Construction Guidelines, and the Restrictions, that some or all of the performance bond may be retained by the ASC. Should the ASC impose a fine or charge against my performance bond, it shall furnish to me a statement as to why the fine or charge was imposed, together with the amount charged. As a guide, the Contract Administrator may impose a fine or charge for the following types of violations:
a. Failure to control soil run-off into ditches, adjoining lots or ponds;
b. Failure to provide a chemical toilet for the workers' use;
c. Failure to provide the necessary refuge and trash containers;
d. Failure of the container to properly screen the refuge from view;
e. Failure to empty the trash containers;
f. Removal of trees or shrubs in violation of the covenants and guidelines;
g. Failure to notify the Contract Administrator timely for the various inspections; and
h. Failure to provide proper protection and/or allowing damage to the streets or curbs by the delivery trucks.
ASC COVENANTS
The ASC hereby covenants and agrees with the General Contractor that:
1. The Contractor may enter upon and use the Caw Caw Land Corporation private streets in the subdivision in order to access the job site above described until and unless he is given a stop work order by the Contract Administrator because of violation of the Community Covenants, the Building Guidelines or this General Contractor Deportment Agreement.
2. That the $2,500.00 performance bond will be held in an escrow account by the ASC, subject to the terms of this Deportment Agreement. At the completion of the job, if the Contractor has not violated the Covenants, the Building Guidelines or this Deportment Agreement, these funds will be returned in full to the Contractor; should, however, the Contractor violate any of these items, the ASC will withhold funds from this performance bond as it deems appropriate in the circumstances.
3. Should the Contractor violate any of these requirements, the ASC acting through its Contract Administrator, will notify the Contractor accordingly and if the violation is of sufficient magnitude in the opinion of the Administrator to issue a stop order to the Contractor, he shall give that order in writing specifying the reasons and deficiencies, whereupon, the Contractor shall immediately cease work until the stop order is lifted by the Contract Administrator. In this connection, should the Contractor violation be of the types shown in the laundry list under General Contractor Covenants, paragraph 9, the Contract Administrator will give the Contractor forty-eight (48) hours notice before any fine or charge will be imposed. Further, any of those type violations will carry a charge or fine of not more than $100.00 per day per violation for the first three (3) days after the Contractor has been notified by the Administrator of the violation. Should the Contractor fail to correct these types of deficiencies within the three (3) day period after notice, the ASC may proceed to correct the violation as reasonably expedient and charge the full cost thereof to the Contractor and deduct it from the performance bond.
The parties hereto do hereby execute this Agreement on the date shown at the head of this document.
BRUNSWICK PLANTATION CONTRACTOR
ARCHITECTURAL STANDARDS
COMMITTEE By: ________________________________
By: ________________________________
Contract Administrator
EXHIBIT B
CAW CAW LAND CORPORATION
MASTER DEPORTMENT AGREEMENT
Date: October 1, 2004______
Contractor: Caw Caw Land Corporation______________________________________
License # ___________ Telephone # _________________________
Address:
New Construction Major Improvements to Existing Structure
This is a Master Deportment Agreement which applies to all Caw Caw Land Corporation building projects.
The ASC is the body charged with enforcement of the Brunswick Plantation Covenants and Construction Guidelines for construction work taking place in the Plantation. Caw Caw has been chosen by an owner of a lot in the community to be the General Contractor on the above described construction project. In order to insure compliance with the community governing documents, the Restrictive Covenants and the Building Guidelines, the ASC requires as a part of the project approval process that this General Contractor Deportment Agreement be executed and the parties wish to reduce this Agreement to writing.
NOW THEREFORE, in consideration of the mutual covenants hereinafter contained between the Caw Caw and its Residential Construction Department Management (hereinafter collectively referred to as “CDM”) and the ASC acting through its ASC Contract Administrator, the parties agree as follows:
GENERAL CONTRACTOR COVENANTS
CDM hereby covenants and agrees with the ASC that:
1. CDM has read the ASC Guidelines, Covenants, Conditions and Restrictions and does agree to follow them in full.
2. CDM understands and agrees that the property lines must be staked by a registered land surveyor for the Contract Administrator's review prior to any construction activities on the lot. CDM also understands and agrees that the footprint of the house must be staked and reviewed by the Contract Administrator before construction commences.
3. CDM agrees to carry out this project construction according to the plans and specifications as approved for this project in the final review by the ASC. No changes will be made to these plans by CDM without prior approval by the ASC or its Contract Administrator.
4. CDM is responsible for the behavior and actions of all of its employees, agents, subcontractors, suppliers and others coming on or about the job in connection with its performance under the contract.
5. CDM is responsible for maintaining a clean construction site at all times. In order to comply with this requirement, it will provide a container on-site with screening sufficient to block the view of its contents and large enough to accommodate the trash and refuge from its building project. In addition, it will provide a covered container so that employees can dispose of cans, bottles, lunch bags and other minor refuge items so that they will not be lying loose on the lot. CDM will cause these containers to be emptied often enough so that they will be able to support the refuge generated from the building project.
6. For the duration of construction and upon completion of the building project, CDM is responsible for a thorough clean-up of the construction site.
7. CDM agrees that it will immediately stop construction on the building project at any time should it be directed to do so by the ASC Contract Administrator in writing, provided the written notice describes the manner in which it is in violation of this Agreement, the Restrictions or the Residential Design and Construction Guidelines. CDM further agrees that after receipt of notice of violation it will immediately move to correct the deficiency
8. CDM hereby represents to the ASC that it is a licensed North Carolina General Contractor, that the license number shown at the head of this document is correct, that it is current, and that the license is in a sufficient amount to cover and authorize it to carry out the building contract as the general contractor.
9. As a guide, the Contract Administrator may impose a fine or charge for the following types of violations:
a. Failure to control soil run-off into ditches, adjoining lots or ponds;
b. Failure to provide a chemical toilet for the workers' use;
c. Failure to provide the necessary refuge and trash containers;
d. Failure of the container to properly screen the refuge from view;
e. Failure to empty the trash containers;
f. Removal of trees or shrubs in violation of the covenants and guidelines;
g. Failure to notify the Contract Administrator timely for the various inspections; and
h. Failure to provide proper protection and/or allowing damage to the streets or curbs by the delivery trucks.
ASC COVENANTS
The ASC hereby covenants and agrees with the General Contractor that:
1. Caw Caw owns the private streets in the subdivision; therefore, its agents, employees, subcontractors, and vendors have the right to use the streets to access any job site it has under construction.
2. Should Caw Caw’s agents, employees, subcontractors, or vendors violate any of these requirements, the ASC, acting through its Contract Administrator, will notify CDM accordingly. If the violation is of sufficient magnitude in the opinion of the Administrator to issue a stop-order, he shall give that order in writing specifying the reasons and deficiencies; whereupon CDM shall move immediately to correct the deficiencies. In this connection, should the violation be of the types shown in the laundry list under General Contractor Covenants, paragraph 9, the Contract Administrator will give the CDM forty-eight (48) hours notice before any fine or charge will be imposed. Further, any of those type violations will carry a charge or fine of not more than $100.00 per day per violation for the first three (3) days after CDM has been notified by the Administrator of the violation. Should CDM fail to correct these types of deficiencies within the three (3) day period after notice, the ASC may proceed to correct the violation as reasonably expedient and charge the full cost thereof to CDM.
The parties hereto do hereby execute this Agreement on the date shown at the head of this document.
BRUNSWICK PLANTATION CAW CAW LAND CORPORATION
ARCHITECTURAL STANDARDS
COMMITTEE
By: _______________________________
Todd Helf, Department Head
By: ___________________________
Contract Administrator
EXHIBIT C
BRUNSWICK PLANTATION
CONTRACTOR INSTRUCTION SHEET
A. Fill out and sign the Contractor Deportment Agreement.
B. Familiarize yourself with the Covenants, Conditions and Restrictions which apply to this lot.
C. Familiarize yourself with the Residential Design and Construction Guidelines before you commence construction.
D. Complete the check list and submit it with the Review Package to the ASC Administrator.
E. SO THAT THE ASC CONTRACT ADMINISTRATOR WILL BE ABLE TO VERIFY THAT THE COLORS MATCH THOSE APPROVED BY THE ASC.
MAINTAIN COLOR SAMPLES AT BRUNSWICK PLANTATION.
F. FILL OUT AND PRESENT FIELD REVIEW FORMS TO CONTRACT ADMINISTRATOR AT EACH CONSTRUCTION PHASE WHEN HOME IS READY FOR FIELD REVIEW.
BRUNSWICK PLANTATION
ARCHITECTURAL STANDARDS COMMITTEE
By:________________________________
Contract Administrator
CONTRACTOR
By:_______________________________
Date:_________________
EXHIBIT D
BRUNSWICK PLANTATION
FIELD REVIEW - PRE-CONSTRUCTION
Owner Date______________
Lot # Street _______________________________
1. The foot print of the house (HAS) (HAS NOT) been staked and complies with the setbacks.
Administrator’s Action:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Approved [ ] Not Approved [ ]
2. The trees to be removed (HAVE) (HAVE NOT) been identified.
Administrator’s Action:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Approved [ ] Not Approved [ ]
________________________________
Contract Administrator
EXHIBIT E
BRUNSWICK PLANTATION
FIELD REVIEW - FOUNDATION
Owner Date ________________
Lot # Street ______________________________________
The foundation (IS) (IS NOT) located as shown on approved site plan.
Administrator’s Action:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Approved [ ] Not Approved [ ]
Foundation Survey and Certificate (IS) (IS NOT) done as required in Section 10.2.d of these Guidelines.
Administrator’s Action:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
_____________________________________
Contract Administrator
EXHIBIT F
BRUNSWICK PLANTATION
FIELD REVIEW - DRY IN
Owner Date _____________
Lot # Street _______________________________
1. There (HAVE) (HAVE NOT) been changes to the approved exterior elevations.
Administrator’s Action:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. The landscape plans (HAVE) (HAVE NOT) been submitted and approved by the ASC designated representative.
Note: If the landscape plan has not been submitted and approved, the Administrator is to notify the designated POA landscape person to prepare the landscape plans.
This (HAS) (HAS NOT) been done.
Administrator’s Action:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
__________________________________
Contract Administrator
EXHIBIT G
BRUNSWICK PLANTATION
FIELD REVIEW - FINAL
Owner Date ____________
Lot # Street ______________________________
1. The house is complete and (FINISHED) (NOT FINISHED) as shown on approved plans.
Administrator’s Action:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Approved [ ] Not Approved [ ]
2. The landscaping is complete and (FINISHED) (NOT FINISHED) as shown on approved plans.
Administrator’s Action:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Approved [ ] Not Approved [ ]
[ ] The landscaping is not complete and the Certificate of Occupancy is not being issued until further inspection by the Contract Administrator.
[ ] The landscaping is not complete; however, the homeowner is depositing with the Contract Administrator the sum of $5,000.00 as a landscape performance guarantee pursuant to Section 10.24 of the Building Guidelines and a Certificate of Occupancy is being issued.
_________________________________
Contract Administrator