Tonaquint Heights
DESIGN CODE
This Design Code is established pursuant to Article 3 of the Declaration of Covenants, Conditions, and Restrictions of Tonaquint Heights, to govern Tonaquint Heights, a residential development in St. George, Washington County, Utah.
ARTICLE 1DEFINITIONS AND CONCEPTS
Except as otherwise provided herein, the definitions for capitalized terms as set forth in the Declaration, and any applicable amendments and supplements thereto or restatements thereof, shall control in this Design Code.
1.1“Building Envelope” means and refers to that portion of each Lot designated as suitable for the construction of improvements and the installation of landscaping. Building Envelopes shall be indicated on the Plat or otherwise designated by the ACC. The actual size of Building Envelopes may vary from Lot to Lot depending on the particular topography of the Lot. Area outside the Building Envelope constitutes Non-Disturbance Area.
1.2“Building Pad” means and refers to that portion of the Building Envelope of each Lot approved for the construction of improvements and installation of landscaping. Building Pads shall be no more thanten thousand (10,000) square feet in size. The actual size of Building Pads may vary from Lot to Lot depending onthe size of the Building Envelope and the particular topography of the Lot. Construction of improvements may only take place within the confines of the Building Pad.
1.3“Contractor” means and includes any contractor, subcontractor, and builder of any structure within the Property, and includes any Owner as an owner/builder.
ARTICLE 2PURPOSE; GENERAL REQUIREMENTS
2.1Purpose and Objectives. This Design Code is intended to establish criteria that will promote and maintain an attractive and harmonious community appearance and to describe the design review process and requirements. This Design Code is intended for use by Lot Owners, Contractors, architects, landscape architects, and civil engineers under the direction of the ACC.
2.2Compliance with Local Law; Governmental Permit Required. No home, accessory or addition to a home, other structure or building shall be constructed or maintained; no grading or removal of natural vegetation or change in natural or approved drainage pattern; and no installation of fencing or landscaping elements shall occur on a Lot until any required permit or required approval therefor is obtained from the appropriate governmental entity following submission to the appropriate governmental entity of such information as it may require. All structures shall be constructed in accordance with the zoning and building ordinances of St. George City, Utah, in effect from time to time, in addition to the requirements of this Design Code. The granting of a permit or approval by any governmental entity with respect to any matter shall not bind or otherwise affect the power of the ACC to refuse to approve any such matter.
2.3Licensed Architects. All dwellings constructed on any portion of the Property shall be designed by and built in accordance with the plans and specifications of a licensed architect unless the ACC otherwise approves in its sole discretion.
2.4Application to Declarant. This Design Code shall not apply to Declarant during the Declarant Control Period.
2.5Certificate of Compliance. Any Owner may request that the ACC issue a certificate of architectural compliance certifying that there are no known violations of this Design Code as it relates to the Owner’s Lot. The ACC shall either grant or deny such request within 30 days after receipt of a written request and may charge a reasonable administrative fee for issuing such certificate. Issuance of such a certificate shall preclude the ACC from taking enforcement action with respect to any condition as to which the ACC had notice as of the date of such certificate. A certificate of compliance is not a waiver to enforce any subsequent violations of this Design Code.
2.6Occupancy. No residence shall be occupied until (a) the City of St. George has issued a certificate of occupancy for the residence and (b) the ACC has certified, in writing, that the residence has been completed in accordance with plans approved by the ACC and that installation of landscaping elements has been completed in accordance with plans approved by the ACC.
ARTICLE 3DESIGN REVIEW
3.1Submission of Plans. A Lot Owner or the Lot Owner’s designee, shall submit the following to the ACC for consideration: (a) a complete set of building plans and specifications; (b) a site or plot plan showing grading, drainage patterns, floor and garage elevations, and landscaping; (c) a lighting plan; (d) a completed application form; (e) the review fee and deposits; and (f) such supporting material, such as color swatches or samples of building materials, as the ACC deems necessary. No work shall commence unless and until the ACC shall give its written approval that such plans are in compliance with this Design Code.
3.2Review Fee and Deposits. A non-refundable review fee of $100 and a construction and landscaping deposit of $3,000 shall all be submitted to the ACC with each application for approval. The construction and landscaping depositmay be held in whole or part by the ACC to ensure compliance with the provisions of this Design Code. The ACC may draw on the deposit to pay for any fine or penalty assessed by the ACC hereunder and shall only release the deposit, if any is left, upon its certification that construction on a Lot has been completed in accordance with this Design Code.
3.3Rights of Approval. In reviewing each submission, the ACC may consider any factors it deems relevant, including, without limitation, theappearance and suitability of the proposed building, the materials of which it is to be built, the site upon which it is proposed to be erected, the harmony of its external design with surrounding structures and natural environment, and the effect of said building, or other structure so planned, on the outlook from adjacent or neighboring property. Decisions may be based on purely aesthetic considerations. The affirmative vote of a majority of the member of the ACC shall be required for approval of any matter; provided, however, that the majority of the ACC members may appoint one member to act on behalf of the ACC.
3.4Time Frame for Action. The ACC shall make a determination on each application within 30 days after receipt of a completed application for approval and all required information. The ACC may (i) approve the application, with or without conditions; (ii) approve a portion of the application and disapprove other portions; or (iii) disapprove the application. In the event the ACC fails to take action within the time frame provided herein, approval shall be deemed to have been given.
3.5Changes after Approval. Any changes to plans after approval by the ACC shall be submitted to the ACC for approval in the same manner as approval of the original plans. No Owner may proceed with any changes until they have been approved by the ACC.
3.6New Construction; Modifications. Except as otherwise expressly provided for herein, the design review procedures set forth in this Design Code are applicable to all new construction as well as any modifications or remodeling, or any rebuilding of destroyed or damaged structures or dwellings.
3.7Inspection. The ACC, or its designated representatives, may make periodic inspections to ensure that construction is proceeding in accordance with the submissions approved by the ACC. Each Owner hereby grants to the ACC, or its designated representative access upon the Owner’s Lot for this purpose. If an inspection reveals that any construction or improvement is not being performed in accordance with approved plans, the ACC shall have the authority to order such work to cease and otherwise conform to the approved plans, and may take such other enforcement action as it deems necessary.
3.8No Waiver of Future Approvals. Each Owner acknowledges that the persons reviewing applications under this Design Code may change from time to time and that opinions on aesthetic matters, as well as interpretation and application of the Design Code, may vary. In addition, each Owner acknowledges that it may not always be possible to identify objectionable features until work is completed, in which case it may be unreasonable to require changes to the improvements involved, but the ACC may refuse to approve similar proposals in the future. Approval of applications or plans shall not be deemed to constitute a waiver of the right to withhold approval as to any similar applications or plans subsequently or additionally submitted for approval.
3.9Variances. The ACC may authorize variances from compliance with any of the provisions of this Design Code when, in the ACC’s opinion, circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require. All variance requests are considered on an individual case by case basis. No variance shall: (a) be effective unless in writing; (b) be contrary to the intent of the Declaration or this Design Code; or (c) preclude the ACC from denying a variance in other similar circumstances. The granting of a variance shall not set any precedent with respect to future decisions. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance.
ARTICLE 4DESIGN GUIDELINES
4.1Application. These design guidelines are applicable to any constructionwithin the Property, whether the improvements are new construction, remodeling, or replacement in nature. The ACC may append to this Design Code, or otherwise make available, architectural renderings, drawings, plans, samples, templates, or selections to provide additional guidance concerning acceptable architectural style and landscaping. Design guidelines are subject to change or modification by the ACC.
4.2Site Planning. Site planning should be sensitive to the Lot’s naturally existing features, including landforms and rock outcrops, vegetation and trees, soil properties, watercourses and drainage patterns, climatic factors such as wind and shade patterns, and the viewshed both from the site and of the site from its surroundings. Homes should be sited to take advantage of natural features and to reduce the apparent mass of the home and preserve viewsheds and open space linkages.
4.3Architectural Style. No architectural style is expressly prohibited within the Property. However, the ACC will only approve site plans and home designs compatible with the organizing principle that structures should blend with their native surroundings through color and material choices, and through a horizontal and relatively low visual emphasis. Accordingly, certain architectural styles such as those in a Victorian or Tudor vernacular conflict either directly or indirectly with the provisions of this Design Code and are highly unlikely to be approved.
4.4Permitted Structures. Only single-family residences are permitted. Each home must include a minimum two car, private, enclosed garage. Detached guest quarters, casitas, and garagesare permitted subject to the approval of the ACC, whose approval shall be contingent upon the detached structure achieving the same character and quality as the principal structure in terms of style, colors, materials and workmanship. All such structures must be located within the Building Envelope and shall be counted against the total area comprising the Building Pad. All structures shall be constructed in accordance with the St. George City zoning and building ordinances in effect.
4.5Minimum Area. The minimum total square footage of living area of any home constructed on any Lot within the Property shall be not less than two thousand (2,000) square feet, exclusive of porches, balconies, patios and garages.
4.6Setbacks. Minimum setback standards shall be in accordance with the setback standards established by the applicable zoning and subdivision ordinances of St. George City; provided, however, that notwithstanding the setback areas, no construction or other work shall occur outside the Building Envelope of any Lot.
4.7Building Height. Maximum building height shall be determined by the ACC on a Lot-by-Lotbasis in consideration of the topography and elevation of the Lot and its surroundings. In making its determination, the goal of the ACC shall be to preserve, to the extent possible, natural ridgelines and view corridors. Consistent with this intent, there shall be a presumption against approval of traditional two-story homes and other designs with a tall vertical emphasis. On steep slopes, the visual impact of a home can be effectively reduced by “stepping” a structure up or down a slope and by offsetting building masses on the slope. To encourage this design approach, the ACC may establish the maximum building height on a particular Lot in relation to the sidewalk, existing grade, or other relevant point of reference.
4.8Roof Pitch, Materials, and Colors. Roof pitch shall not exceed 3-in-12. Roof material shall be limited to slate, clay, or concrete tiles. Roof color shall be subdued earth tones or such other color as may be allowed by the ACC.
4.9Exterior Wall Surfaces. High, large or long continuous wall surfaces should be avoided. As a general principle, building surfaces should be relieved with a change of wall plane that provides strong shadow and visual interest. A pronounced change in massing, pronounced changes in wall planes and introduction of significant variations in the cornice/roofline are all possible methods to accomplish the desired division of elevations. Walls shall be mainly stucco, masonry, brick, or stone, with accents of brick, stone, or such other material as approved by the ACC.
4.10Exterior Colors. Base building colors shall be in earth tones. Pastels or high gloss finishes may not be used. Complementary accent colors can be used on facia, window trim, shutters and doors.
4.11Reflective Exterior Surfaces or Materials. No reflective exterior surfaces or materials shall be used. Sheet metal, flashing, vents and pipes must be colored or painted to match the material to which they are attached or from which they project. To reduce glare, windows and large areas of glass should be recessed. Glass must be non-reflective and not heavily tinted in order to reduce mirror effects. Interior shading treatment that may be visible from the exterior should be compatible withthe exterior wall colors.
4.12Sheds. The construction or placement of any storage, utility buildings, sheds, and similar accessory structures within the Property is prohibited.
4.13Driveways and Parking. There shall be area on the driveway (excluding sidewalk areas) to park not less than two vehicles per Lot. Each driveway on a Lot shall be constructed out of cement, brick, concrete, or interlocking pavers. Cinders, sand, gravel, asphalt, and dirt are not permitted for driveway material in the front and side yard area of any Lot. The driveway in the front and side yard areas shall be in a color compatible with the exterior of the home and its natural surroundings.
4.14Fencing and Walls. Fencing, walls and other barriers are permitted as approved by the ACC. Elements to be considered by the ACC include the location, height, material and color of the proposed fence, wall or barrier. No wall or fencing shall be constructed or placed in the front setback area unless as part of a porch or courtyard design approved by the ACC. Block, rock, iron, and materials of a similar rough, natural and/or sandy texture are strongly preferred. Prohibited walls and fences include those made of vinyl or chain link.
4.15Cut and Fill Slopes. To the extent possible, cut and fill slopes should be rounded where they meet natural grade so that they blend with the natural slope. Natural contouring and re-vegetation with native plant materials is encouraged and in some cases may be required by the ACC. Where retaining walls are required, they should be faced with indigenous rock or otherwise constructed to blend with their surroundings. Retaining walls are restricted to a maximum height offour(4) feet, unless otherwise approved by the ACC. The ACC may condition approval of a retaining wall higher than four (4) feet on the wall being tiered and/or landscaping being installed to reduce the visual impact of the retaining wall.
4.16External Illumination. External lighting should enhance the architecture of the home and be functional, but should not be so bright that it greatly diminishes the darkness of the night sky. Lights used to illuminate porches, garages, patios, parking areas or for any other purpose, shall be so arranged as to reflect light away from adjacent homes and away from the vision of passing motorists. Warm lighting colors are recommended. Low-level up-lights may be used sparingly to highlight landscape features (trees, rock formations, etc.) but care should be taken to minimize glare above the horizontal plane of viewers. Wall-mounted lights should be directed downward and shielded to minimize light spillage.
4.17HVAC and other Equipment. Air conditioning, heating equipment, and soft water tanks must be screened from view so as not to be visible from neighboring property or from the streets of the development, and shall be insulated for sound attenuation. Air conditioning units are not permitted on roofs or through windows.
4.18Utility Meters. Utility meters shall be placed in as inconspicuous a location as possible. Locations of meters are to be shown on the plans, and meters must be screened from view from neighboring property. Exposed piping and boxes should be painted to match exterior colors of the home. The area immediately around the meters should be cleared to allow for access. Electric meters, switches, or circuit breaker boxes are not to be located in the same enclosure with the gas meter and regulator. Enclosures for gas meters and regulators are to be vented in compliance with the International Building Code.