Architectural Controls – Cottonwood Estates

ARCHITECTURAL CONTROL GUIDELINES

1. DEFINITIONS

For the purposes of these Architectural Control Guidelines the following terms shall have the definitions as hereinafter stated:

Plan Review Firm: the Developer shall designate a Plan Review Firm to review and approve or refuse, as the case may be, all Applications for Development for the lots comprising Cottonwood Estates, it being understood that the Developer may at its option comprise the Plan Review Firm.
Restrictive Covenant: shall refer to the Restrictive Covenant as registered against the title to all lots forming part of Cottonwood Estates.
Developer: shall refer to 324700 Alberta Ltd. the owner of Cottonwood Estates. (d) Owner: shall refer to the owner of a lot in Cottonwood Estates.

2. APPLICATION FOR DEVELOPMENT

Prior to any development on a lot forming part of Cottonwood Estates, the Owner and/or Builder shall submit to the Plan Review Firm, an Application for Development in the form as prescribed by the Plan Review Firm, together with the following:

3 sets of blueprints and site plans for the residence to be constructed, with 1 copy to be retained by the Plan Review Firm and 2 copies to be returned to the Owner and/or Builder following the review by the Plan Review Finn.
engineered designed plan(s) identifring the elevations, grading and drainage contours for the lot as approved by the Engineer designated by the Developer.
an approved Building Permit from the Town of Coaldale; provided that in the event that the Town of Coaldale is not prepared to grant a Building Permit until the Application for Development has been approved by the Plan Review Firm, the Plan Review Finn shall be entitled to grant tentative approval of the Application for Development, assuming compliance with the terms hereof, with final approval of the Application for Development to be granted upon receipt by the Plan Review Firm from the Owner of the approved Town of Coaldale Building Permit.
the processing fee of the Plan Review Firm as established from time to time.

After review of the Application for Development, the Plan Review Firm shall:

approve the Application without conditions, in which case the Owner and/or Builder shall be entitled to proceed with the development, or
approve the Application with condition(s), in which case the Owner and/or Builder shall only proceed with the development, following satisfaction of the condition(s), or (iii) refuse the Application with written reasons for the refusal to be provided, in which case the Application may be resubmitted to the Plan Review Firm after the reasons for refusal have been dealt with to the satisfaction of the Plan Review Firm; provided that in the event that the Application for Development has been refused and is subsequently resubmitted, the Plan Review Firm shall be entitled to assess an additional processing fee for the resubmission of the Application for Development.

All applications for multi-family residences shall require the approval of the Developer and the Town of Coaldale and shall be constructed only on lots zoned and designated for such residences. (d) The Owner and/or Builder shall not effect any change to the proposed development once the Application for Development has been approved by the Plan Review Finn unless there has been prior approval from the Plan Review Firm.

3. INTERPRETATION OF ARCHITETURAL GUIDELINES

Interpretation of these Architectural Controls shall lie solely with the Plan Review Firm and the Developer and any Application for Development, may be refused by the Plan Review Firm if deemed to be incompatible with the intent of these Architectural Control Guidelines according to the sole discretion of the Plan Review Firm and/or the Developer .
The Plan Review Firm and the Developer shall be entitled to full access to any construction site for purpose of inspections to ensure compliance with these Architectural Controls and the

Approved Application for Development.

4. PERFORMANCE BOND

Each Owner shall pay a Performance Bond in the amount of ONETHOUSAND($l,500.00) DOLLARS or such other amount as may be designated by the developer to ensure due conformance/compliance with these Architectural Controls Guidelines, the Restrictive Covenant and the approved Application for Development.

5. COMPLIANCE / NON COMPLIANCE WITH ARCHITECTURAL GUIDELINES AND RESTRICTIVE COVENANT

In the event that the Owner and/or Builder has not requested a Development Permit for the residence to be constructed on the Lot within 2 years of the date of purchase of the Lot the Performance Bond shall be deemed to be forfeited to the Developer.
Upon completion of the Development the Owner and/or Builder shall request the Plan Review Fim to effect a final inspection and in the event there is full compliance with these Architectural Controls and the Restrictive Covenant, the Plan Review Firm shall issue a Final Certificate of Compliance and shall direct a refund of the Performance Bond without interest; provided that in the event that there is not full compliance with these Architectural Controls and/or the Restrictive Covenant, the Owner and/or Builder shall forthwith proceed to rectify all deficiencies, following which the Owner and/or Builder may request a subsequent inspection, upon payment to the Plan Review Firm of a reinspection fee as determined by the Developer prior to a further inspection being effected.
In the event that a Final Certificate of Compliance confirming full compliance with these Architectural Controls and the Restrictive Covenant is not granted to the Owner and/or Builder by the Plan Review Firm within 2 years of the date of approval of the Application for Development the Performance Bond shall be deemed to be forfeited to the Developer.
In the event of non compliance with these Architectural Controls and the Restrictive Covenant as aforesaid the Developer shall be entitled but not obligated to remedy any default or deficiency with respect to the development at the sole cost of the Owner.
The Performance Bond at the discretion of the Developer may be applied to the costs of remedying any default or deficiency and in addition thereto the Developer shall be entitled to the remedies provided in the Restrictive Covenant.
In the event that the Owner wishes an extension to either of the 2 year periods referenced in paragraphs 5(a) or (c), the Owner shall be entitled to apply to the Developer for a maximum extension up to 1 year and in the event that the extension is granted by the Developer at its sole discretion, the Owner shall pay to the Developer a non refundable fee of FIVE HUNDRED ($500.00) DOLLARS.
Any further extensions as may be requested by an Owner may or may not be granted by the Developer at the sole discretion of the Developer and if granted then same shall be subject to such terms and conditions as the Developer shall deem advisable.
In the event that a lot has not been fully developed by an Owner within four (4) years of the date of purchase thereof and the Developer as a consequence thereof is not entitled to the electrical rebate receivable from Fortisalberta Inc. or its successor for a completed development on the lot, the Owner shall pay to the Developer upon demand therefor the amount of such rebate as forfeited by the Developer.

6. ARCHITECTURAL CONTROLS

A.SETBACKS

All yard setbacks shall be in strict accordance to the Town of Coaldale Land Use By-Laws save for the lots referred to in Schedule A hereto which shall have setbacks as stated therein, it being understood that in the event that the Town of Coaldale Land Use By-Laws shall require yard setback requirements for any lots which are greater than as set out in Schedule A, the Town of Coaldale yard setback requirements shall prevail;
Any application for a yard setback waiver shall be made both to the Town of Coaldale and the Developer and to be approved shall require the approval of both the Town of Coaldale and the Developer.

B. EASEMENTS

It is acknowledged that Utility Easements affect each lot and no Owner shall cause or permit an encroachment from any construction on their lot upon any Utility Easements.

C. TYPE OF RESIDENCE

The residences to be constructed within Cottonwood Estates shall be restricted to new on site construction only, unless otherwise approved by the Developer and then upon such terms and conditions as the Developer shall in its sole discretion determine.

D. SIZE OF RESIDENCE

The size of a residence (excluding garage) shall conform to the following:

Minimum Size: minimum size of 900 square feet for the main floor.
Maximum Size: according to the Town of Coaldale Land Use Bylaw.

E. GARAGES

Each residence shall be constructed with either an attached or detached garage with size and appearance as approved by the Plan Review Firm and the Developer subject also to compliance with Town of Coaldale Land Use By-laws.

F. ROOFS

Acceptable roof materials shall be approved cedar or pine shakes, concrete tiles, clay tiles and asphalt shingles or such other materials as may be approved by the Plan Review Firm.
Metal furnace or fireplace flues shall be located on the back side of roof ridges or, if approved by the Plan Review Firm, on the front or side facing slopes if boxed in to match the exterior of the residence or garage.

G. EXTERIOR FINISHES

Subject to paragraph G(b) herein acceptable exterior finishes shall be stonework, brickwork, wood, metal, vinyl siding, fibre cement siding, stucco or acrylic used singularly or in combinations with all exterior colours to be subdued earth tone and/or pastel as approved by the Plan Review Firm,
Acceptable exterior finishes for Lots 15 – 32 Block 1 1 shall be as above save as follows:
1. vinyl siding is not permitted;
2. any stucco shall be acrylic.

H. LANDSCAPING

Driveways and Sidewalks: All driveways and sidewalks from the residence to the street/avenue and boulevard approaches shall be either interlocking concrete pavers or cast in place concrete; provided that other materials may be approved at the sole discretion of and subject to such terms as determined by the Plan Review
Firm and the Developer.
Final Grading: All lots shall be graded and contoured according to such specifications as approved by the Plan Review Firm and the Town of Coaldale in keeping with adjacent lots to ensure drainage to the street, avenue or lane with retaining walls to be constructed where designated by the Plan Review Firm, to prevent drainage to adjacent lots.
Planting:

Each Owner shall be responsible for landscaping their lot as hereinafter set out and maintaining the same based upon the following minimum requirements, it being understood that Owners are encouraged to plant additional trees, shrubs and flowers:
each front yard shall be sodded or otherwise landscaped as approved by the Developer;

each front yard shall contain at least 1 deciduous tree with a minimum 2 inch caliper (measured 12" above ground) or I coniferous tree with a minimum 8′ height;
the boulevard in front of each lot where separated by a sidewalk shall be sodded and shall contain at least I tree of the type designated by the Developer having a minimum 2 inch caliper (measured 12" above ground) such tree to be placed at such location as shall be determined by the Plan Review Firm;
in the event that the lot is a corner lot the responsibility of the Owner for sodding and planting a tree as stated in paragraph (iii) above, shall extend to the boulevard along the entire side of the lot with the tree again to be placed at such location as shall be designated by the Plan Review Firm.

1. FENCING

Each Owner shall erect or cause to be erected a fence across the rear of their lot and along the street]avenue side of their lot ifa corner lot as approved by the Plan Review Firm and as set out in Schedule A hereto, if applicable, which fence shall be compatible with fences on adjacent or neighbouring lots, with such fence to be constructed within 2 years of the date of granting of the Development Permit or upon 90 days written notice from the Developer.
Adjacent Owners are encouraged to share the costs offences separating their respective lots.
Lot Owners shall not interfere with, damage or alter the fences constructed by the Developer as aforesaid without the written consent of the Developer and then upon such terms and conditions as established by the Developer;
In the event that an Owner wishes gate access through a fence constructed by the Developer such access shall only be constructed with the approval of and by the Developer or under the direction of the Developer, with the cost thereof as determined by the Developer to be payable by the Owner prior to commencement of any construction pertaining to the gate access.

SCHEDULE A

FRONT SETBACKS:
Block 10, Lots 8 – 14:	35 Feet
Block 4, Lots 53 – 55:	35 Feet
Block 4, Lots 69 – 77:	35 Feet
Block 1 1, Lots 1 -32:	40 Feet

FENCE REQUIREMENTS OF PURCHASER(S):

Block 4, Lots 53 – 55: cedar rear fence as approved by the Developer
Block 4, Lots 69 – 77: cedar rear fence as approved by the Developer
Block 4, Lot 69: North side and rear fence as approved by the Developer
Block 4, Lot 70: South side and rear fence as approved by the Developer
Block 10, Lots 8 – 14: cedar rear fence as approved by the Developer
Block 1 1, Lots 8, 9, 17 and 18: walkway requires a 6′ cedar fence as approved by the Developer
Block 11, Lot 26: North side cedar fence as approved by the Developer

Fences being the responsibility of the Developer as follows:

Block 11, Lots 1 1 -14: rear concrete fence
Block I l, Lots 1-10: 6′ rear cedar fence
Block I l, Lots 15 – 32 :rear chain link fence

ADDITIONAL REQUIREMENTS OF PURCHASER(S):

Block 11, Lots 1 – 32: The rear of the residence must have the same or similar level of detail as the front elevation; Residences with walkout basements must be designed and constructed to provide relief for the height of the residence as viewed from the rear of the lot.
Corner Lots: All corner lots shall be bound with the following requirements:

The side elevations of two storey elevations shall be treated with the same level of detail as the front elevation;
The roof planes shall wrap around the building face on both street exposures and the principal roof planes shall top both street exposures;
Both street elevations shall be designed to be a front elevation.