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SKYLAND DESIGN GUIDELINES
SKYLAND FILINGS 1,2 AND 3
(Excluding the Skyland River
Neighborhood)
August 25, 2009
Skyland Community Association
350 Country Club Drive Suite 112A
Crested Butte, CO 81224
Skyland Design Guidelines-Table of Contents
TABLE OF CONTENTS
Authority ..................................................................................... 2
Article I: Purpose and Philosophy of Design Guidelines
Article II: Definitions
Article III: Design Review and Construction Process – Submittals and Review,
Approval and Construction
1. Approval of Design Review Committee Required
2. Submission and Decision Procedure Appendices
The Skyland Community Association Design, Review and Approval
Process
Design Review Packet
Preliminary Review
Final Review
Performance Deposit, Tap Fees (Application and Permits),
Acknowledgement of Construction Regulations Form and
Approval Letter
Plan Submittal and Review
Submission Place and Date
Committee Review
Committee Action
Requirements Upon Plan Approval
Staking
Performance Guarantee
Appeal
Variances
Plan Changes
Design Review Committee and Board of Directors Not
Liable
Written Records
Pre-Construction Check
Work in Process
Completed Work: Single-Family and Duplex Lots
Final Inspection: Multi-Family Tract, Clubhouse Tract,
Maintenance Tract and Lodge Tract...
Article IV: Plan Submission Requirements
Plan Contents Requirements:
Single Family Lot or Duplex Lot
Site Plans
Building Plans
Development Timetable
Erosion Control Plan
Submission Fee
Other Information
Plan Contents Requirements:
Multi-family Tract, Clubhouse Tract, Maintenance Tract and Lodge Tract
Site Plans
Utility Plans
Building Plans
Submission Fee
Timetable
Gunnison County Approval Required:
Duplex Lot, Multi-Family Tract, Clubhouse Tract, Maintenance Tract and Lodge Tract
Article V: General Restrictions
General
Building Sitting
Set Back Restrictions
Minimum and Maximum Size of Dwelling Units
Building Location
Primary Dwelling Unit to be Constructed First
Scale & Form
Continuity of Construction
Repetitive Design and Continuous Wall Restrictions
Building Height
Exterior Wall Materials
Exterior Colors
Reflective Finishes
Exterior Trim
Foundations
Roofs
Energy Conservation
Fire Protection
Accessory Structures
Storage Areas
Spark Arrestors
Exterior Lighting
Exterior Antennae
Housing Numbers
Grading
Retaining Walls
Exterior Signs
Solar Access
Fences
Awnings
Pools
Hot Tubs
Recreational Equipment
Outdoor Fire Appliances
Parking
Open Space
Viewing Platforms
Solar Panels
Lot Designation
Gazebos and Pergolas
Article VI Construction Regulations
Construction Hours
Silt and or Control Fencing
Snow Removal
Construction Trailers, Portable Field Offices, Unit or Complex
Designation Signs and Contractors Business Display Signs
Storage of Materials and Equipment
Debris and Trash Removal
Sanitary Facilities
Parking Areas
Concrete
Excavated Materials
Damaged Property
Blasting
Conduct and Behavior
Stop Work Authority
Housing
Pets
Site Cleanliness Requirements
Article VII: Landscaping, Screening and Exterior Displays
General
Clearing of Trees and Vegetation
Conservation of Landscape Materials
Landscaping Required
Single-Family and Duplex Lots
Multi-Family Tracts
Screening
Weed Management
Exterior Displays
Article VIII: Drainage
General
Single Family or Duplex Lots
Multi-family, Employee Housing, Commercial, Lodge, Maintenance, and Clubhouse Tracts
Article IX: Driveways and Parking Areas
Single Family or Duplex Lots
Multi-family, Employee Housing, Commercial, Maintenance and Clubhouse Tracts
Article X: Power, Phone, Natural Gas and Cable Television
Article XI
Effective date
Certification
Design Guidelines
AUTHORITY
The Skyland Community Association is the entity designated by the Declaration of
Protective Covenants, SKYLAND, FILINGS 1, 2, AND 3, having the responsibility
for enforcement and implementation of the Covenants. The Covenants were
adopted recognizing that it is impracticable to address all issues that might arise
concerning the use and enjoyment of property within SKYLAND, FILINGS 1, 2,
AND 3. To enhance the ability to address problems as they arise, the Skyland
Community Association, having the power and authority to do so, has adopted
these Design Guidelines consistent with the Declaration of Protective Covenants,
for the purpose of enhancing and perfecting the value, desirability, and
attractiveness of SKYLAND, FILINGS 1, 2, AND 3. The Design Guidelines set forth
herein, and as subsequently amended from time to time, are declared by the
Declaration of Protective Covenants to have the same force and effect as if
originally contained in the Covenants. The Design Guidelines shall also set forth
the various fees to be charged to property owners for review of plans and
specifications.
The Board of Directors of the Skyland Community Association as defined in the
Declaration of Protective Covenants shall have the authority and responsibility to
enforce the provisions of this instrument. Also, the Board of Directors of the
Skyland Community Association shall have the authority to change, modify or
amend this instrument, as it deems necessary.
ARTICLE I
PURPOSE AND PHILOSOPHY OF DESIGN GUIDELINES
Purpose
It is the intention of this instrument to set forth certain standards for the design and
construction of housing and other structures, driveways and parking areas,
drainage improvements, and the installation of landscaping and other screening
features within SKYLAND, FILINGS 1, 2, and 3. The "Design Guidelines" have
been developed in conjunction with the "Declaration of Protective Covenants" for
SKYLAND, FILINGS 1, 2, AND 3 and designed to ensure that the design and use of
materials for all improvements within SKYLAND, FILINGS 1, 2, AND 3, conform
and harmonize with the natural rural surroundings.
Owners are advised that the Design Guidelines do not address every requirement
or obligation imposed by the Covenants. Therefore, knowledge of the Covenants
and these Design Guidelines is important for understanding all regulations
applicable to SKYLAND, FILINGS 1, 2, AND 3.
Design Philosophy
The design style of Skyland should be based upon the heritage of its location in the
mountains of the American West. The romantic yet elegantly rustic lodges like the
Awahnee at Yosemite, Old Faithful Lodge at Yellowstone, Timberline at Mt. Hood,
and the alpine shelters and lodges of Glacier Park establish this design theme. The
simple, direct, yet picturesque ranch buildings further defines this western heritage
still seen on the lower mountain slopes and valleys of the Gunnison Valley.
While the design style has its origin in the early, rustic mountains and structures of
American West, the overall design goal for Skyland is to create innovative
structures and architectural solutions which respond to current lifestyles and
incorporate up-to-date building technology. The intent is not to mimic the false
fronts of cowboy towns, recreate rustic lodges or reproduce simple log cabins.
Rather, design solutions should advance an architecture that responds to its
location and respects its regional heritage.
The Architecture style uses natural materials from the area and which have an
appropriate scale to the surrounding mountains. Stone abutments, large timber
trusses and heavy log framing are examples of materials typically associated with
this theme.
In the broadest sense, the design style of Skyland is based on a respect for the
natural environment and the introduction of buildings in harmony with their setting.
Buildings should complement rather than overpower the landscape.
This style calls for buildings to blend with their sites so that when viewed from a
distance, overall building forms and massings respond to natural landforms and
topography. Buildings should step with the site, accomplishing level changes
though composition of forms rather than massive site grading. Building forms and
rooflines should relate to surrounding landforms. Harsh angular forms that are in
conflict with natural slopes should be avoided. The use of exterior materials and
colors with ties to indigenous site characteristics will lessen the visual impact of
buildings and allow a strong integration of landscape and structure.
Overall, the building forms at Skyland should be understated and simple with
extended eaves on pitched gable or hip roofs. The architecture is enriched by
handcrafted details that thematically convey an understanding of the region’s
history, wildlife, and flora. Details may be expressed in ironwork, carved wood,
etched glass, stone woodwork, trim and joinery.
The Design Review Committee is authorized by the Skyland Community
Association Board of Directors to interpret this design philosophy when reviewing
building plans during the design review process. The committee is empowered to
make a final decision regarding approval of plans based on their interpretation that
the design philosophy has been satisfied.
ARTICLE II DEFINITIONS
1. Caretaker's Apartment. A living unit containing no more than 900
square feet, preferably no more than 600 square feet. A caretaker's
apartment shall contain no more than one bedroom and one bathroom.
2. Condominium. A building or group of buildings in which the land is
owned in common by the owners of individual airspace units. A
condominium must contain a garage large enough for at least one car per
unit.
3. Declaration of Protective Covenants. A separate document entitled
"Declaration of Protective Covenants, SKYLAND FILINGS 1, 2, AND 3" which has been recorded with the Gunnison County Clerk and Recorder and runs with all lands located within SKYLAND, FILINGS 1, 2, AND 3.
4. Design Review Committee. A group of five persons who shall be
members of the Board of Directors of the Skyland Community Association, or
who shall be appointed by the Board of Directors of the Skyland Community
Association, responsible for the adoption, administration and enforcement of
these Design Guidelines.
5. Garage. A fully enclosed structure or an area within a fully enclosed
structure with one or more doors for parking motor vehicles. Each parking
space within a garage shall be at least 20 feet by 10 feet.
Gross Residential Square Footage. The usable interior floor space
within dwelling units, excluding all exterior walls, porches and screened-in
porches, carports, garages, decks, areas less that 5 feet in finished height
and floor areas less than 7 feet finished width in any dimension. Elevator
square footage counts on one floor. Square footage of stairs count on each
floor minus space under the stairs that is less than 5 feet in height.
7. Indigenous Species. Any species of flora naturally occurring within
Gunnison County, Colorado.
8. Insubstantial. Any building, addition, renovation of structure or any
clearing of trees or vegetation which is found by the manager or designee of
Skyland Community Association to be insignificant so that a full Design
Review Committee review will not be required, provided all other conditions
of the Design Guidelines are complied with. Such determination shall be
made based on the following criteria.
(a) Visibility or lack of visibility of the proposed construction from the
streets, golf course or other commonly traveled ways,
(b) Extent of the proposed changes are minor in relation to the
entire structure; and
(c) Impact of the proposed changes is minimal on the character of
the surrounding neighborhood.
Every insubstantial request shall be in writing approved by the manager,
Design Review Committee chairperson or designee.
9. Lot Coverage. Building square footage within the foundation of the
house, including garage plus screened-in porches, pop-outs, covered
porches and gazebos/pergolas.
10. Manager. The person responsible for supervising the business of the
Skyland Community Association, Skyland Metropolitan District and East
River Regional Sanitation District.
11. Owner. The owner of record, whether a person, firm, corporation, or
partnership, of fee simple title to any tract or lot in SKYLAND, FILINGS 1, 2,
AND 3.
12. Plan Submission Date. The date of hand delivery, or the date of
receipt as shown by a certified mail receipt, of any documentation required to
be submitted to the Skyland Community Association hereunder.
13. Screening. Shrubs, trees, fences, or other structures utilized to hide
or shield from view unsightly objects, such as garbage storage areas.
14. Set Back. Distance from any building wall to the property line or right-of-
way line.
15. Sewer Main. A primary sewer collection or outfall line, at least (8)
inches in diameter, which is part of the Skyland Metropolitan District central
sewer system.
16. Sewer Service Line. A branch sewer line used to serve one structure
with one or more primary living units with a diameter less than eight (8)
inches.
17. Skyland Community Association. A Colorado nonprofit corporation,
formed for the purpose of enforcing the Declaration of Protective Covenants
and adopting Design Guidelines for the purposes specified in Article I hereof.
18. Skyland, FILINGS 1, 2, AND 3. All lands included within the
boundaries of SKYLAND, FILINGS 1, 2, AND 3, Gunnison County, Colorado,
as shown on the plat thereof as recorded with the Gunnison County Clerk
and Recorder.
19. Skyland Metropolitan District. A special district formed in
accordance with Title 32, Colorado Revised Statutes.
20. Skyland Metropolitan District Board of Directors. The Board of
Directors of Skyland Metropolitan District, consisting of five persons.
21. Solar Access. The right of one property owner to not have his
residential building blocked from the sun by buildings or structures on other
lots.
22. Town house/Town home. One or more buildings each containing one
or more residential units in which land under each unit is owned in fee simple
by the owner of the unit situated over such land. A townhouse must contain
a garage large enough for at least one car per unit.
23. Water Main. A primary water distribution or transmission water line at
least six (6) inches in diameter, which is part of the Skyland Metropolitan
District central water system and used to serve several water customers.
24. Water Service Line. A branch water line used to serve one structure
with one or more primary living units, with a diameter less than six (6) inches.
25. Nominal Board Feet. All board measurements contained within this
document are referenced in Nominal Board feet or inches and not their true
measured dimensions.
ARTICLE III
DESIGN REVIEW AND CONSTRUCTION PROCESS –
SUBMITTALS AND REVIEW, APPROVAL AND
CONSTRUCTION
1. Approval of Design Review Committee Required. No building or
other structure, including but not limited to dwellings, commercial or office
buildings, barns, stables, outbuildings, swimming pools, hot tubs, tennis
courts, recreation equipment, parking areas, fences, walls, garages, drives,
flagpoles, curbs, patios or walks, signs shall be constructed, erected or
maintained on any lot, nor shall any addition to or alteration or change therein
be made, nor shall any vegetation be altered or destroyed on any lands, nor
any landscaping be performed on any tract or lot, except for minor
landscaping changes to improved tracts or lots, until complete plans and
specification meeting the submission requirements set forth below have been
submitted to the Design Review Committee and approved by said Committee
prior to the commencement of such work.
Compliance with the standards and procedures set forth in this document
does not satisfy compliance with applicable Gunnison County building codes
or regulations. An owner or his representative must consult with the
Gunnison County Building Department with reference to compliance
therewith.
2. Submission and Decision Procedure Appendices
A. Declaration of Protective Covenants and Amendments
B. Design Review Process
C. Design Review Packet Acknowledgement
D. Design Review Committee and Board of Directors Not Liable
E. Application for Design Review
F. Preliminary Review Checklist
G. Design Review Guidelines Checklist
H. Landscape Point Schedule
I. Weed Management Plan
J. Applications for Water and Sewer Service
K. Water and Sewer Tap Permits
L. Skyland Metropolitan and East River Regional Sanitation
Districts Rules and Regulations
M. Skyland Project Information and Acknowledgement of
Construction Regulations
N. Pre-construction Meeting Checklist
O. Design Review Approval
P. Performance Refund Checklist – Final Inspection
Q. Design Review Process – Flow Diagram
3. The Skyland Community Association Design, Review and
Approval Process
A. Design Review Packet. May be picked up at the Skyland
Community Association Office. Execution of Acknowledgement of
received Design Review Packet, Liability Waiver forms, and Application
for Design Review required – Appendices C, D, and E.
B. Preliminary Review.Submit Preliminary Review Design
Package with two (2) engineered 24 x 36 inch Site Plans, Preliminary
Design Review Checklist, Design Review Application and a check
made out to the Skyland Community Association for design review fee
to manager. Five (5) 8½ x 11 inch building plan and elevation copies
and the original 24 x 36 inch plan must be submitted 10 business days
prior to the preliminary review meeting. Once the preliminary design
review package is received and approved for review, a preliminary
Design Review meeting will be scheduled to evaluate the design.
During this meeting the Design Review Committee will give guidance
on overall design theme and the areas that are not consistent with
these Design Guidelines.
C. Final Review. Submit six (6) final design plans. One plan shall
be 24 x 36 inches and 5 sets shall be 8½ x 11 inches. Upon review of
the Final Design Package, the Skyland Community Association
manager will request any further information needed or request any
changes or additional information needed as a result of the Preliminary
Design Review meeting. The final review meeting will be scheduled
after all final review materials are received.
D. Performance Deposit, Tap Fees (Application and Permits),
Acknowledgement of Construction Regulations Form and
Approval Letter.Once final design review is approved, payment of
the performance deposit and tap fees is required. The
Acknowledgement of Construction Regulations form, (Appendix M)
shall also be completed. The manager will then deliver an approval letter. A preconstruction meeting will be scheduled between the
manager, contractor and owner.
E. Plan Submittal and Review. No submittal shall be considered
complete until receipt of a plan meeting all plan submission
requirements under Article IV below and summarized in Appendix F,
“Design Review Committee - Preliminary Review Checklist”.
F. Submission Place and Date. Plans shall be submitted by
delivery to the Design Review Committee office or by certified mail to
said office. If hand delivered, plans shall be stamped with the date of
delivery that shall be the submission date for purposes of determining
the time limit for Committee action. If sent by certified mail, the date of
receipt shall be the submission date.
G. Committee Review. The Design Review Committee or
designated representative shall review all the plans and materials
submitted, and may also make a site visit to ascertain plan accuracy
and to obtain a visual sense of the site. The Committee shall review
the plans for compliance with the general design objectives, the
specific design requirements, and the general use requirements set
forth in the Declaration of Protective Covenants.
H. Committee Action. Within 60 days of the date of final plan
submission, the Design Review Committee shall, in writing, either:
1) Approve the items submitted, in which case the applicant
may proceed with construction, subject to the provisions herein
regarding performance guarantee, and any other provisions of
these Design Guidelines or the Declaration of Protective
Covenants and subject to any requirement of Gunnison County
to obtain Gunnison County approval.
2) Conditionally approve the items submitted, in which case
the applicant must revise the items submitted to comply with the
stated conditions, and file the revised items with the Design
Review Committee for its approval prior to commencing
construction.
3)Disapprove the items submitted, with written statement as to
the reasons for disapproval and any suggestions as to changes
that would make the designs acceptable. In this case, the
applicant will be required to submit new plans and fees as requested by the Design Review Committee. Disapproval shall
be by majority action of the Committee, and shall be premised on
a finding that the proposed construction does not comply with
general objectives and provisions of the Design Guidelines and
Covenants.
The Design Review Committee shall return one set of drawings, together with
a copy of the Committee's decision and requirements to the applicant. If
upon the expiration of 60 days from the date of submittal of adequate plans to
the Committee, the applicant has not received notice of either approval or
denial of his application, the same shall be considered approved, and the
owner may commence construction, subject to the Skyland Covenants and
Design Guidelines, and after obtaining the applicable Gunnison County
Building Department approvals; EXCEPT THAT the applicant may agree in
writing to an extension of the 60-day decision period at the request of the
Design Review Committee.
4. Requirements Upon Plan Approval
A. Staking. If any plan changes were made as part of plan
approval, and if the Design Review Committee has previously required
staking of the locations of improvements, improvements shall be
revised accordingly.
B. Performance Guarantee
1) For Single-Family and Duplex Lots. Upon the approval of
construction plans and specifications, the lot owner shall be
required to escrow funds to guarantee completion of the
approved project in accordance with Skyland Design Guidelines,
Skyland Protective Covenants, and approved plans and
specifications. A deposit of $2.00 per square foot of living area
for each single-family lot and duplex lot shall be submitted to the
Skyland Community Association, which shall hold said deposit in
an escrow account until satisfactory completion of the project.
Refund of the performance guarantee is dependent on meeting
the following requirements:
a) Design standards have been met and constructed to
the approved plans and design guidelines,
b) The disturbed areas of the site revegetated per the
approved landscaping plan and an entire construction
cleanup completed,
c) Requirements of the Skyland Metropolitan District and
East River Regional Sanitation District have been met,
d) Landscaping meets the requirements set forth in this
document and the approved project plans and,
e) The Skyland Community Association will hold in an
escrow account 30% of the total performance guarantee
funds for one year after completion of the landscaping plan
to insure adequate growth and maturity of all plant
materials.
If the owner fails to meet any of these requirements during or
after the construction period, the Skyland Community
Association is hereby authorized to use the escrow funds and if
necessary, place a lien on said owner’s property to properly
complete or correct the aspect of the project not meeting
Skyland guidance documents, or approved plans and
specifications for said lot. Prior to any action commencing as
stated herein, the owner and or contractor will be given notice
and provided an opportunity to be heard. The Design Review
Committee will listen and review the circumstances and shall
have the right to suspend any action as they deem necessary.
2) For Multi-Family, Lodge, Maintenance and Clubhouse
Tracts. Upon approval of the plans, specifications and cost
estimates by the Design Review Committee and prior to the start
of construction, the builder or tract developer shall deposit with
the Design Review Committee a suitable performance guarantee
in an amount approved by the Committee in the form of an
irrevocable letter of credit, performance bond, or cash. Said
performance guarantee shall be payable to the Skyland
Community Association, and shall be in an amount adequate to
cover the cost of all driveway and parking lot construction,
drainage improvement construction, landscaping and complete
site cleanup following construction. The Design Review
Committee will hold the performance guarantee until all of said
improvements have been completed in conformity with the
approved plans and specifications and all 5 criteria are met per the paragraph above regarding performance guarantee
requirements for single-family and duplex lots alike.
C. Appeal. In the event the Design Review Committee shall
disapprove any plans and specifications, the person or entity
submitting such plans and specifications may appeal the matter at the
next regular or special meeting of the Board of Directors of the Skyland
Community Association, where a majority vote cast at said meeting
shall be required to change the decision of the Design Review
Committee.
D. Variances. Where circumstances create hardships, the Design
Review Committee may allow reasonable variances to any of the
provisions contained in this instrument on such terms and conditions
as it shall require; provided, that no such variance shall be finally
allowed until 14 days after the Design Review Committee shall have
posted two notices of such proposed variance and published such
notice in a newspaper of local circulation in Gunnison County. After
the 14-day period has elapsed, the Design Review Committee shall
consider all objections raised and make a final decision on the
variance. Before the variance is allowed, the Board of Directors of the
Skyland Community Association shall consider the decision of the
Design Review Committee and make a final determination.
E. Plan Changes.Any changes to the approved plans before,
during or after construction of a dwelling must first be submitted to the
Design Review Committee or manager in writing for approval.
F. Design Review Committee and Board of Directors Not
Liable. Neither the Design Review Committee nor the Board of
Directors of the Skyland Community Association shall be liable in
damages to any person or firm submitting any plans and specifications
for approval or to any owner or owners of lands with SKYLAND,
FILINGS 1, 2, AND 3, by reason of any action, failure to act, approval,
disapproval, or failure to approve or disapprove with regard to such
plans and specifications. Any person or entity submitting plans to the
Design Review Committee for approval, by so doing does agree and
covenant that he or it will not bring any action or suit to recover
damages against the Design Review Committee, its members as
individuals, or its advisors, employees or agents. See Appendix D.
G. Written Records. The Design Review Committee shall keep
and safeguard for at least five years complete permanent written
records of all applications for approval submitted to it (including one set
of all plans and specifications so submitted) and of all actions of
approval or disapproval and all other actions taken by it under the
provisions of this instrument.
H. Pre-Construction Check. At least three business days prior to
commencement of construction the owner shall notify the Committee
so that it can make a visual inspection of the Lot and complete the
“Pre-Construction Meeting Checklist” (Appendix N) to insure that the
final building layout and staking is in accordance with the final plan
approved by the Committee. Engineering certification of foundations
and the securing of a building permit is the responsibility of the Owner
and/or Builder. Construction documents (working drawings and
specifications) are to be in accordance with the design approved in the
final submittal. A complete set of the County approved construction
documents will be delivered to the Committee prior to or during the
Pre-Construction Meeting. Construction shall not commence until all of
the above requirements are satisfied. Additional construction,
landscaping or other improvements to a Dwelling and/or changes after
completion of an approved structure must be submitted to the
Committee or manager for approval prior to initiating such changes
and/or additions.
I. Work in Process. The Design Review Committee may inspect
all work in process and give notice of non-compliance. The absence of
such inspection and notification during construction does not constitute
either approval of the Committee or compliance with the Declaration of
Protective Covenants or Design Guidelines.
J. Completed Work: Single-Family and Duplex Lots
1) Upon completion of any Dwelling or other improvement for
which the Committee gave final approval, the Owner shall give
written notice of completion to the Committee.
2)Within such reasonable time as the Committee may
determine, but in no case exceeding ten (10) days from receipt
of such written notice of completion from the Owner or its duly
authorized representative, the Committee or manager may
inspect the improvements. If it is found that all construction is
complete and in full compliance with the final plans approved by
the Committee, then a written certificate of compliance shall be
issued to the owner of the improvements, with a copy retained in the Committee's files. If it is found that such work was not done
in strict compliance with the final plan submitted or required to be
submitted for its prior approval, it shall notify the Owner in writing
of such non-compliance within such period, specifying in
reasonable detail the particulars of non-compliance and requiring
the Owner to remedy the same.
3) If upon the expiration of thirty (30) days from the date of
such notification by the Committee, the Owner shall have failed
to remedy such non-compliance, the Committee shall notify the
Owner, and it may take such action to remove the non-complying
improvements as is provided for in the Declaration of Protective
Covenants.
4) If, after receipt of written notice of completion from the
Owner, the Committee fails to notify the Owner of any failure to
comply with its directives within the period provided in Paragraph
10(B) above, the improvements shall be deemed to be in
accordance with the final plan.
K. Final Inspection: Multi-Family Tract, Clubhouse Tract,
Maintenance Tract and Lodge Tract. Upon completion of all
construction within these tracts, the manager, Design Review
Committee or its designee will perform a final inspection to insure that
all construction has been completed in compliance with the approved
plans and specifications. If all work is found to be satisfactory the
Design Review Committee will provide the tract owner with a written
certificate of compliance.
ARTICLE IV
PLAN SUBMISSION REQUIREMENTS
Prepared by Professionals.
Plans submitted to the Skyland Design Review
Committee must be prepared and stamped by a licensed architect. Architects must
attend or be available to participate at all design review meetings. All site plans,
except for landscaping plans, must be prepared and stamped by a qualified
licensed architect or civil engineer.
1. Plan Contents Requirements: Single-Family and Duplex Lots. A
separate, shorter and more streamlined set of submission requirements has
been designated for single-family and duplex lots only. These submission
requirements do not apply to multi-family tracts, maintenance tracts, lodge
tracts or clubhouse tracts. The lot owner must submit, as a minimum, the
following (see Appendix F):
A. Site Plans. Two (2) “professionally prepared” copies, at a scale
of 1-inch equals 20 feet or longer, including:
1) Name, address and phone number of lot owner, lot
identification number for SKYLAND, FILINGS 1, 2, AND 3;
2) North arrow;
3) Boundaries of lot or lots to be built upon, with indication of
required setback lines as a fine dotted line;
4) Existing topography as a dashed line and proposed
topography as a solid line, with two feet contour intervals, in the
area of the proposed structure or structures and extending fifty
feet from all sides of the proposed structure, and also, in any
area where earthwork is proposed such as along access
driveways, fills, and regraded areas;
5) All significant existing vegetation with notations as to which
is proposed to be removed or cut down and which is to be
retained;
6)General features such as rock outcrops and meadows,
existing drainage courses;
7) Outlines of all proposed buildings and structures including
decks, porches, patios, walls, fences, storage and utility areas,
enclosures, hallways, breezeways, sheds, garages, dog runs,
pools, hot tubs, recreational equipment, paths, walks, steps;
8) Proposed driveways and parking areas with notation as to
grade and surfacing materials;
9) Proposed location of all underground utility connection lines,
including water, sewer, phone, power, natural gas and cable
television, and drainage improvements. Proposed location of
exterior connection for above-ground telephone and cable and
above-the-ground utility meters including but not limited to
electric, natural gas and water remote read out;
10) Proposed landscaping, including the varieties and
approximate sizes of plants, trees, and grass or other vegetation
to be planted;
11) Proposed exterior lighting fixtures;
12) Proposed colors of all exterior surfaces (stone, windows,
siding, fascia, doors etc.);
13) Utility easements.
B. Building Plans. One (1) reproducible 24 x 36 inch original and
five (5) 8½ x 11 inch copies, of complete architectural plans and
specifications for each building or structure, to include:
1) Four (4) principal elevation drawings at a scale of 1/8 or 1/4
inch equals one foot with notations indicating materials, textures,
and colors of exterior siding, foundation, roofs, fascia boards,
corner trim, gutters, doors, windows and window frames,
chimneys, porches, decks, attached accessory structures, and
solar equipment;
2) Floor plans at a scale of 1/8 or 1/4 inch equals one foot in
sufficient detail to determine whether minimum square footage
requirements are being met;
3) A specification list identifying all materials proposed for use,
including color samples of paints and stains to be used on any
exterior surfaces.
4) There may be geologic concerns with some or all lots.
Prospective owners should be aware of possible negative
geologic conditions and should consult a qualified soils engineer
to review these issues pertaining to their lot. For these Lots, a
detailed site specific soils and geology report should be
provided. A professional engineer registered in the State of
Colorado must prepare the geology and soils report.
C. Development Timetable. A statement of planned starting and
completion dates for dwelling and landscaping, and utility hookup.
D. Erosion Control Plan. A statement of proposed methods of
erosion and sedimentation control both during and after construction, if
required by the Design Review Committee. The Design Review
Committee may require silt fencing to prevent erosion and or control
sedimentation. Fencing may also be required to delineate areas that
are not to be disturbed on construction sites.
E. Submission Fee. The Design Review Committee shall be
authorized to charge a reasonable fee for the review of plans and
specifications, which fee shall be paid at the time of submission of the
plans and specifications. The submission fee shall be used for the
administration and enforcement of the plans and specifications review
process. The fee to be charged was established by the Board of
Directors of the Skyland Community Association and is equal to $.22
per square foot of living area for single-family and duplex lots and
includes three meetings of the Design Review Committee. If additional
SPECIAL meetings are necessary, the Design Review Committee
reserves the right to charge additional fees to cover the cost of those
meetings. Said fee may vary for different building sites depending
upon the cost incurred by the Design Review Committee in obtaining
adequate professional advice regarding any problems inherent to any
particular site being reviewed.
F. Other Information. The Committee may require submission of
a three dimensional illustration or model and any other materials or
information it deems necessary to enforce the provisions and achieve
the purposes of these Design Guidelines.
2. Plan Contents Requirements: Multi-Family Tract, Clubhouse
Tract, Maintenance Tract and Lodge Tract. These submission
requirements do not apply to single-family or duplex lots. The purpose of this
more detailed review is to ensure that development of each of the tracts
within SKYLAND, FILINGS 1, 2, AND 3, is planned, designed, and
constructed in accordance with the overall objectives of SKYLAND, FILINGS
1, 2, AND 3. Submission for tract development approval shall include, as a
minimum, the following (see Appendix F):
A. Site Plans: Two (2) “professionally prepared” copies, at a scale
of 1-inch equals 20 feet or longer, including:
1) Name, address and phone number of the tract owner, tract
identification number for Skyland, Filings 1, 2 and 3;
2) North arrow;
3) Boundary of tract or tracts to be built upon, with indication of
the required setback lines as a fine dotted line;
4) Existing topography as a dashed line and proposed
topography as a solid line, with two feet contour intervals, in the
area of the proposed structure or structures and extending fifty
feet from all sides of the proposed structure(s), and also, in any
area where earthwork is proposed such as along access
driveways, fills, and regraded areas;
5) All significant existing vegetation on the tract with notations
as to which is proposed to be removed or cut down and which is
to be retained;
6) General features such as rock outcrops and meadows,
existing drainage courses;
7) Outlines of proposed buildings and structures including
decks, porches, patios, walls, fences, storage and utility areas,
enclosures, hallways, breezeways, sheds, garages, dog runs,
pools, hot tubs, recreational equipment, paths, walks, steps;
8) Proposed driveways, parking areas and culverts with
notation as to grade and surfacing materials;
9) Proposed location of all underground utility connection lines
including water, sewer, phone, power, natural gas, cable
television, and drainage improvements. Proposed location of
exterior connection for above-ground telephone and cable and
above-the-ground utility meters including but not limited to
electric, natural gas and water remote readout;
10) Proposed landscaping, including the varieties and
approximate sizes of plants, trees, and grass or other vegetation
to be planted;
11) Proposed exterior lighting fixtures such as street or building
lights;
12) Proposed colors of all exterior surfaces (stone, windows,
siding, fascia, doors, etc.);
13) Utility easements;
14) A three-dimensional illustration or model of the master plan
of existing and proposed buildings may be required.
B. Utility Plans. Complete engineering plans and specifications,
prepared by a Professional Engineer, registered in the State of
Colorado, for water and sewer main extensions, driveways, parking
areas, and drainage improvements to include:
1) Size and type of pipe, fittings, valves, fire hydrants, depth of
cover, service line hook-ups, and point or points of connection to
existing system;
2) Plan and profile sheets for sewer main extensions that
indicate size and type of pipe, manholes, and other
appurtenances, proposed grade, service line hook-ups, and point
or points of connection to existing system;
3) Plan and profile sheets for driveways, parking areas and
culverts that indicate proposed grade line, approach to existing
roadway system, drainage improvements, proposed surfacing,
and pavement marking;
4) Specifications governing the materials and installation
methods to be utilized during construction;
5) A detailed engineers' cost estimate.
At the discretion of the Design Review Committee, installation design
drawings prepared by the appropriate utility company, for power,
phone, natural gas and cable television which indicate location of lines,
size and type of lines, junction boxes, building hook-ups, and
connection to existing distribution cables.
C. Building Plans. One (1) 24 x 36 reproducible and five (5)
8½ x 11 inch copies of complete architectural plans and specifications
including a color artist's rendering for each building or structure to
include:
1) Four principal elevation drawings at scale of 1/8 or 1/4 inch
equals one foot with notations indicating materials, textures, and
colors of exterior siding, foundation, roofs, fascia boards, corner
trim, gutters, doors, windows and window frames, chimneys,
porches, decks and railings, accessory structures, and solar
equipment. Samples or separate cut-sheets of any of the above
may be required;
2) Floor plans at a scale of 1/8 or 1/4 inch equals one foot in
sufficient detail to determine basic building layouts and square
footages;
3) Specifications relating to all materials and proposed
methods of construction;
4) All other data required by the Gunnison County Building
Department prior to issuance of a building permit;
5)A detailed foundation plan with all necessary information to
determine adequacy of foundation to support proposed
structures prepared by a Professional Engineer, registered in the
State of Colorado;
6) A site specific geology and soils report must be prepared by
a Professional Engineer, registered in the State of Colorado
which should address building foundation requirements,
driveway and parking lot requirements, and problems, which may
be encountered during development of the tract.
D. Submission Fee. The Design Review Committee shall be
authorized to charge a reasonable fee for the review of plans and
specifications, which fee shall be paid at the time of submission of the
plans and specifications. The submission fee shall be used for the
administration and enforcement of the plans and specifications review
process. The fee established by the Skyland Board of Directors is $.17
per square foot of living area for multi-family lots and includes three
meetings of the Design Review Committee. If additional SPECIAL
meetings are necessary, the Design Review Committee reserves the
right to charge additional fees to cover the cost of those meetings.
Said fee may vary for different projects, dependent upon the costs
expected to be incurred by the Design Review Committee in obtaining
adequate professional advice regarding any problems relating to any
particular site or project.
E. Timetable. The applicant shall also submit a statement as to
planned starting and completion dates of buildings, utilities and
landscaping, including any staggered phasing of sections of a tract,
and estimated dates of utility hook up.
3. Gunnison County Approval Required - Duplex Lot, Multi-Family
Tract, Clubhouse Tract, Maintenance Tract and Lodge Tract. Developers
of these tracts will be required to obtain a Land Use Change Permit from
Gunnison County, Colorado. Skyland Properties, a Colorado limited
partnership has previously obtained a Land Use Change Permit for the
entirety of SKYLAND, FILINGS 1, 2, AND 3. As a result of said Land Use
Change Permit already obtained, the general land use classification and the
maximum number of units or gross square footage allowable upon each tract
has been specified on the recorded plat of SKYLAND, FILINGS 1, 2, AND 3.
After receiving approval from the Design Review Committee, the developer
must comply with the requirements of the Gunnison County Land Use
Resolution in order to obtain its approval for the final plat of such tract.
ARTICLE V
GENERAL RESTRICTIONS
1. General. The Design Review Committee, in its plans and
specifications review process, will specifically review every structure and
building proposed to be constructed within SKYLAND, FILINGS 1, 2, AND 3,
for compliance with these Design Guidelines. The Design Review
Committee's goal shall be to encourage variation within an overall theme of
interesting architecture using natural materials, colors and textures, shapes
suited to solar exposure and high snowfall, and multiple levels to adapt to
topography, with site design that maximizes protection of the mountain
environment, views, rural quality and privacy. "Stock" or "catalog" plans and
specifications are discouraged and will receive critical scrutiny to assure
compatibility with the site.
2. Building Siting. Most building sites in Skyland have some degree of
slope, and therefore, the locations of buildings and site improvements are a
key component of the design process. The underlying goal of site planning
guidelines is for all buildings, structures and site improvements to be
integrated with the natural features of a site. Building form, orientation and
massing should respond to natural landforms, drainage patterns, topography,
vegetation, views, and sun exposure. Buildings should step rather than rely
on extensive site grading. Building forms and rooflines should relate to site
contours and surrounding landforms. Exposed building profiles atop
ridgelines and harsh angular forms that are in contrast to natural slopes are
discouraged. The location and design of buildings should minimize
disturbance to existing vegetation on a site. Access should also be
considered during the site planning and building design process. Extensive
cut and fill slopes to accommodate site access are generally not acceptable
and should be avoided or minimized by effective site planning.
3. Setback Restrictions. The following set back restrictions shall apply
within SKYLAND, FILINGS 1, 2, AND 3:
A. There shall be a 10-foot wide clear zone easement within the
entire boundary of each lot or tract. Within said clear zone easement,
no improvements of any nature may be constructed, except only
landscaping, fencing, and driveways.
B. For Single-Family and Duplex Lots, no residential or building structures of any kind may be constructed nearer than 30 feet to that
boundary of such lot that adjoins a platted road, or nearer than 25 feet
from that boundary of said lot which adjoins the golf course. The set
back for all structures and improvements from all other lot boundaries
shall be 15 feet.
C. For Multi-Family, Lodge, Maintenance and Clubhouse Tracts, the
set back for any residential or buildings structures from any lot
boundary adjacent to a platted road shall be 50 feet; from all other
boundaries, the set back shall be 25 feet.
D. In the event a Duplex Lot or Multi-Family Tract is re-subdivided
into two townhouse units, there shall be no clear zone easement or set
back between the two lots or units created by such re-subdivision.
E. No permanent structures or buildings of any kind shall be
permitted to be constructed upon any utility easements without the
written consent of the Skyland Metropolitan District, East River
Regional Sanitation District and the Design Review Committee.
F. All measurements for set back restriction will be from the eve of
the structure, or in the case of decks, from the point closest to the
property line.
4. Minimum and Maximum Size of Dwelling Units.
Gross residential
square footage shall be determined as defined in Article II, Definitions -
Number 6.
A. Single-Family Lot. The total gross residential floor area shall
not be less than 2,500 square feet excluding caretaker's apartment,
porch, garage and basement nor more than 9,000 square feet,
including a caretaker’s apartment but excluding the first 1,000 square
feet of an attached garage. Buildings of more than one story shall have
a main floor footprint, as determined by the Design Review Committee,
including garage, of not less than 1,500 square feet, excluding decks.
The total gross residential floor area for lots S-63, S-64, S-78 and S-79
shall not be less than 2,000 square feet. Buildings of more than one
story shall have a main floor footprint, as determined by the Design
Review Committee, including garage, of not less than 1,200 square
feet, excluding decks.
The total gross residential floor area for lots S-55 through S-62, S-75 through S-77 and S-80 shall not be less than 1,800 square feet.
Buildings of more than one story shall have a main floor footprint, as
determined by the Design Review Committee, including garage, of not
less than 1,080 square feet, excluding decks.
If lots S-55 through S-64 and S-75 through S-80 have homes
constructed equal to or larger than 2,500 square feet, the main floor
footprint must equal 1,500 based on the criteria above.
B. Duplex Lot. If two primary dwelling units are constructed on any
duplex lot the gross residential floor area of each unit shall not be less
than 1,800 square feet, excluding porch, garage and basement, no
more than 3,750 square feet, excluding the first 600 square feet of an
attached garage and in such event, no caretaker's unit or apartment
shall be permitted. Buildings of more than one story shall have a main
floor footprint, as determined by the Design Review Committee, of not
less than 1,000 square feet per unit, excluding garage and porch. If
only one primary dwelling unit, with or without a caretaker's apartment
is constructed on any duplex lot, the floor area requirements for a
Single-Family Lot shall apply.
C. Multi-Family. The gross residential floor area of each multifamily
condominium or apartment unit constructed on a Multi-Family
Tract, exclusive of garage and porch, shall be not less than the
following:
For any unit with less than three bedrooms, 800 square feet.
For any unit with three bedrooms or more, 1,200 square feet.
The gross residential floor area of a multi-family building shall not
exceed 10,000 square feet, excluding attached garages unless the
garage area is greater than 600 square feet per unit.
D. Lodge Tract. The gross residential floor area for each living unit
constructed within the Lodge Tract shall be not less than 450 square
feet.
The gross residential floor area of a multi-family building shall not
exceed 10,000 square feet, excluding garages.
5. Building Location. All buildings and structures shall be located on the
lot or tract so as to minimize the impact on the natural beauty of the land.
Particular attention will be paid to building location, sun direction, orientation
and views from adjacent lots, roads and the Golf Course during the design
review process.
6. Primary Dwelling Unit to be Constructed First. No caretaker's
apartment, garage or any other structure shall be constructed on any
residential lot prior to construction of the primary dwelling unit.
7. Scale and Form. Generally, residential buildings should be based
upon a central rectilinear massing with simple forms added to create scale,
and to allow for the adaptation to natural landforms. The underlying
rectilinear form should have the visual impression of "growing" out of the site.
A strong, horizontally proportioned massive base can reinforce this
impression. A box like appearance is discouraged.
8. Continuity of Construction. All building and structure construction
and alteration work shall be pursued diligently. Each primary structure on a
single-family or duplex lot shall be entirely completed within twenty (20)
months after commencement of construction. One four (4) month “winter
weather window” shall be allowed for construction commencing in the fall.
This “winter weather window” will allow commencement of an approved
construction timetable to be completed prior to the winter season thus
allowing a building site to sit idle for four months if desired. The “winter
weather window” shall be added to the 20-month construction period for a
total construction timeline of 24 months. Prior to and during this 4-month
“idle” time, the building site must adhere to certain conditions as determined
by the Design Review Committee, its designee or manager.
If the applicant determines that 20 months is an inadequate duration to
complete the project, they may request an extension during the design review
process. The request will be reviewed by the Design Review Committee,
who will take into account the project’s size, complexity, and site conditions.
If construction is not completed within the 20-month time frame and an
extension not approved during the design review process, a $500 impact fee
will be imposed and subsequent fees levied as shown below. Prior to the
impact fee being imposed, the contractor and owner will be noticed and
provided an opportunity to be heard regarding the fee. The design review
committee will listen and review the circumstances and shall have the right to
waive or modify the fee.
- 30 days after scheduled completion date = $500
- 60 days after scheduled completion date = $1,000
For each subsequent 30-day period the fee will be that of the previous 30-day
period plus an additional $500. i.e. for 90 days - $1,500, for 120 days -
$2,000 etc.
For construction on multi-family, maintenance and clubhouse tracts, a
specified construction completion time period will be designated when the
Design Review Committee approves the plans and specifications for said
tract. The fee schedule for single-family and duplex lots described in the
previous paragraph shall be enforced.
9. Repetitive Design and Continuous Wall Restrictions
A. Monotony of design shall be avoided. Variations of detail, form
and location are appropriate and desired.
B. House designs that are essentially identical to either nearby
houses (such as a series of houses built by one contractor from
standard plans or pre-fabricated kits) will not be permitted. In the case
of single-family units of a similar design, there must be significant
external individual variations making each unit unique. Long,
continuous exterior wall surfaces are discouraged and the committee
reserves the right to approve or deny this element based on review of
submitted plans.
C. "Mirror image" or symmetrical duplex units will not be permitted.
D. Condominium, townhouse, and apartment building designs with
the tendency to be parallel, repetitive or "barracks-like" buildings are
discouraged. An offset of at least eight (8) feet shall be provided for
every fifty (50) feet of continuous exterior wall surface, to break up
monotonous planes.
10. Building Height.
Maximum building heights shall be measured from
average finished grade on all sides of the building to highest roof point, and
are as follows:
A. Single-Family Thirty (30) feet.
B. Duplex Lot Thirty (30) feet.
C. Maintenance Thirty-two (32) feet.
D. Clubhouse Tract Fifty (50) feet.
E. Multi-Family Tracts
1, 2 and 3 Thirty-five (35) feet.
F. Multi-Family Tracts
4, 5 and 6 Forty-five (45) feet.
G. Architectural provisions above height limit. Towers, spires,
cupolas, chimneys, flagpoles and similar architectural features not
useable as habitable floor area may extend above the height limit a
distance of not more than twenty five (25) percent of the height limit.
H. Exceptions to Height Limit. Structures or portions of structures
with sloping roofs may exceed the height limit in accord with the
following schedule. Any exception authorized by this subparagraph
shall not constitute a change of height limit but shall authorize a
building height exceeding the prescribed height limit only for that
portion of a structure to which this subparagraph applies. This
subparagraph shall apply to gable, hip or shed roofs, but shall not
apply to mansard roofs or to any roof structure which does not extend
to a peak at a slope of two (2) feet vertical to twelve (12) feet
horizontal, or greater.
Schedule of Exceptions
To Height Limit
Vertical rise per
Twelve feet horizontal
2 feet
4 feet
5 feet
6 feet
7 feet
8 feet
9 feet
10 feet
11 feet
12 feet
13 feet or greater
|
Permitted additional
height
1 foot
2 feet
3 feet
4 feet
5 feet
6 feet
7 feet
8 feet
9 feet
10 feet
12 feet maximum |
11. Exterior Wall Materials
A. Theme. A major component of the design theme is the use of
natural materials that are an outgrowth of their setting. A limited range
of exterior wall materials, the use of similar colors, and simple, additive
building forms will establish an architectural image that will
complement and blend into the natural landscape.
B. Scale and Form. Generally, residential buildings should be
based upon a central rectilinear massing with simple forms added to
create scale, and to allow for the adaptation to natural landforms. The
underlying rectilinear form should have the visual impression of
“growing” out of the site. This impression can be reinforced by
following the natural contours of the site and portraying a strong,
horizontally proportioned massive base.
C. Materials. Acceptable exterior wall materials include stone,
stucco and wood. Either stone or stucco shall be used as an
expression of mass; heavy timber or log framing may be used to
express structural form; wood siding may be used for exterior
sheathing; and board trim may be used for detail areas such as fascia,
eave, corner and window trim. In all cases, the use of exterior wall
materials shall accurately convey the structural integrity of the
residence. The use and composition of these materials are described
in the following sections.
D. Log. Logs may be used as stacked load bearing walls, but when
expressed on the building exterior, logs must be set on a stone base.
In such cases, stone should comprise at least 25% of the exterior wall
area. Logs should express a massive, hand-hewn appearance.
Typical minimum dimension of at least 14 inches in diameter is
encouraged. Logs are to be hand hewn to reflect the natural shape,
grain, and inconsistencies of timber. Turned or “manufactured” logs of
uniform profile, finish and radius shall not be used. Logs may be hewn
round or rectangular and joints may have chinking or may be fitted into
an interlocking profile without chinking.
E. Stone. The use of stone is required to be at least 25% of the
exterior surface, excluding windows and doors. Stone provides a
physical link with the natural characteristics of a site and also serves to
visually anchor a building to the ground. When used, stone should be
incorporated around the base of the building to establish a strong
sense of mass and performance. Imitation stone and brick are prohibited. The use of boulders and large rocks to visually “anchor”
corners and ground levels of rock walls, fireplaces, and landscape
improvement is encouraged. Stone should have the appearance of
being self-supporting through the natural forces of mass and gravity.
F. Stucco. Stucco may be used as an exterior wall material. In
such cases, the stucco shall be finished in an “earth tone” color that is
compatible with the natural soils and rocks on the site. When stucco is
used, it should convey a visual impression of “mass: by forming eased
or rounded corners and deeply set reveals for windows and doors.
Stucco should be integrated throughout the building to establish a
coherent composition of materials. When stucco is used, at least 25%
of the exterior wall area excluding windows must be stone to form a
strong visual base for the building.
G. Modular Masonry. Modular masonry units such as brick,
concrete block, or ceramic tile are not consistent with the architectural
theme for exterior materials and should not be exposed to view.
H. Lintels and Sills. In “mass” walls of stone or stucco the use of
lintel and sills at door and window openings is strongly encouraged.
These lintel and sill members shall be detailed and proportioned so as
to appear structurally sound. Lintels and sills may be made of hewn
timbers, logs cut stone, or natural stone.
I. Exterior Wood.Wood siding can be used very effectively to
reinforce the architectural style, particularly when used to sheath
secondary portions of buildings such as gables, dormers and soffits.
Generally, no more than 75% of any exterior wall surface shall be
wood siding and in such cases the remaining wall area must be stone
to provide a visual base to support the wood sheathing of the building.
Woods should be selected that will age to a beautiful blend of natural
colors if left untreated, or if treated with wood preservatives or semitransparent
stains. The use of paint on wood siding is generally not
consistent with the architectural theme.
For siding, boards of six or eight inch width should be used with
profiles of channel rustic, shiplap, tongue and groove or board and
batt.
Cedar shakes or shingles may be used in lieu of wood siding on
secondary wall areas, such as dormers and gables. Rectangular or
half round shingles may be used. Heavy timber, logs, and glue-lam beams can be used to express the structural framing of the building,
particularly as trusses, lintels, sills, beams, purlins and rafters. Fascia
boards shall have a minimum dimension of 2 inches thick by 10 inches
wide. The scale of these members should be consistent with their
structural insertion.
J. Prohibited Wall Materials. In order to further define the design
theme and establish continuity between buildings, exterior wall material
is generally limited to the materials described above. At the discretion
of the Design Review Committee, materials other than those
specifically listed may be approved. The following materials are
inappropriate and are specifically prohibited:
1) Plastic materials
2) Imitation stone or brick
3) Concrete, either masonry units, precast, or formed
4) Cinder block
5) Metal siding
6) Plywood or composition siding, T-111 and other hardboard
products
7) Asbestos shingles or asbestos appearing shingles
12. Exterior Colors. Muted natural or earth tone colors shall be
encouraged for all buildings and structures. Contrasting color schemes are
encouraged. Owners wishing to change the exterior appearance of their
home, including but not limited to color, must receive approval from the
Design Review Committee prior to work commencing.
13. Reflective Finishes. Reflecting or contrasting finishes are not
acceptable, and all exposed metals such as fascias, flashing, wall and roof
vents, metal enclosures, and other items shall be pre-oxidized or painted an
approved color. The use of petiniaed copper in flashing, deck rails, or other
areas approved by the Design Review Committee is permitted.
14. Exterior Trim
A. Theme. The design theme for Skyland calls for a high level of
quality in exterior materials and details. Details provide the opportunity
to present the skill of the designer and craftsman while expressing the
heritage, cultural folklore, and artistry of the architectural style. Many
opportunities can be exploited to enrich building details. Among these
are windows and doors, gates, balconies and railings, decks and patio
surfaces, chimneys and dormers, corbels, artwork and lighting. In concert with the overall architectural style, details should be consistent in their origin and interpretation throughout the building. Functional
details such as window boxes and shutters are encouraged, however,
shutters must be proportioned to cover their respective windows. The
design of functional hardware is encouraged.
B. Windows and Doors. Windows and doors offer the opportunity
to provide individual character and refinement of scale by introducing
openings and patterns on stucco and stone walls. In keeping with the
design theme, consideration should be given to establishing a pattern
or rhythm on primary facades, while being responsive to interior
function and view opportunities.
C. Windows. Within wood, timber or log walls, windows should
respond to the expressed framing and proportions of the wall.
Windows in wood walls can be used as single openings or in
combinations to create a series of windows, or as panes of glass to
create a transparent wall between well-proportioned timbers or log
framing.
When used in stucco or stonewalls, windows should be “set within the
wall” rather than designed as repetitive, linear rows of continuous
windows or “curtain walls”. Bay windows may be used to enhance
views and provide interest to exterior walls. Dormers should generally
be used in lieu of skylights for both functional and style reasons.
D. Window Casings. Window casings shall be made of wood with
exterior finishes stained, painted or clad in metal or vinyl. Colors and
clad windows must be factory applied. Mirrored or reflective glass is
prohibited.
E. Scale. In order to maintain a smaller scale, large window
openings should be composed of smaller panes of glass.
F. Exterior Main Entrance and Exterior Doors. The main
entrance and main entry door are an important design element of the
home. These elements must be distinctive in nature, pronounced and
draw attention to this portion of the home. Exterior doors, especially
main entry doors, should be designed with great attention to detail in
order to create an individual identity for the building. Richly detailed
doors are also very characteristic of the design theme. Doors should
be made of wood, glass or metal. Hardware for exterior doors and
windows; including hinges, latches, handles and pulls should be designed with artistic expression and constructed of material such as
wrought iron, bronze or copper. Garage doors for vehicles shall be
constructed of wood, or the exterior surface faced with wood, not metal
or other materials.
G. Decks and Balconies. Decks and balconies are very
characteristic of the design theme and when properly located on sunny
exposures, can provide pleasant outdoor spaces. Decks and
balconies must relate to the scale and massing of the major
architectural forms of the building. Examples of architectural forms
include, but are not limited to, horizontal beams, corbels, bracing
material etc. i.e., design elements that are substantial structural
components directly related to the scale and mass of the deck.
Balconies can either be recessed into the wall mass or projected from
exterior walls. Decks with tall slender columns are prohibited and
thick, “heavy in nature” support posts are recommended. Long,
vertical support posts must be interrupted to prevent a strong verticality
of an exterior deck. Long continuous expanses of horizontal balconies
or decks are not allowed and may be “broken” utilizing jogs along the
deck’s length. When a projected balcony is used, consideration must
be given to protection from snow shedding from overhead roofs. The
Design Review Committee may require a portion of the entire “deck”
area to be covered by a roof. Synthetic material for exterior deck
floorboards may be used with prior approval of the Design Review
Committee.
H. Deck and Balcony Railings. Railings offer an opportunity to
express individual character within the context of the design theme.
Balconies enclosed with solid walls are prohibited. The use of framing
material for balcony railings is not permitted. Wood or metal railings
may be used. Structural elements, including the top rails must be
sized to appear appropriately massive.
I. Chimneys. Chimneys are a strong visual element of a home
and an important aspect of the design theme. They should relate in
form and materials to the design style of the primary structure.
Typically, chimneys should be constructed of stone with cut stone caps
or decorative metal spark arrestors as required by fire code.
Decorative structures covering spark arrestors, chimney pipes and or
caps must also relate in form and materials to the design style of the
primary structure. These structures, including framing members, must
be “heavy in nature” and be of substantial “mass” consistent with
materials used on the primary structure. Fireplace flues as well as mechanical flues and vents should be consolidated and enclosed with
chimneys. All exposed metal flues or pipes on the roof shall be
enclosed or painted to match the approved roof color.
15. Foundations. Concrete or block foundation walls may not be exposed
above the finished grade.
16. Roofs
A. Roofs. Roofs are a very prominent visual element of a building
and provide a strong unifying characteristic between buildings.
Consistent roof forms are also an important element in support of the
design style. A simple pattern of primary and secondary roof forms,
dormers, and a limited palette of materials and colors are the primary
design objectives for roofs. Rooflines longer than 50 feet must be
offset, and or include a “break”.
B. Form. Roof forms should be relatively simple and limited to
gable, hip and shed type roofs. In order to assure interesting form and
reduction of visual scale, roofs should be comprised of primary and
secondary roof forms. Secondary roof forms must be subservient to
primary roof forms. Primary roof overhangs of at least 24", secondary
roof overhangs of at least 18” and wide fascias should also be
incorporated into the design of roofs. Flat roofs are not permitted as a
primary roof form.
C. Parameters. For shed roofs, no more than 40% of the total roof
may be designed as a single-plane. For gable roofs, no more than
75% of the total roof may be designed as a single gable. Hip roofs
shall not be the primary roof design element and should have minimal
distance “runs”. The composition, scale and proportion of secondary
roofs shall not be more than 30% of the total roof area.
D. Snow Shedding. The design of roofs should give strong
consideration to snow accumulation and shedding. Entryways,
garages and pedestrian areas should be protected from potential snow
shedding. This can be achieved most effectively by the form and slope
of the primary or secondary roof.
E. Truss and Gable Design. Truss and gable detail should
contain heavy timbers and add richness to the overall design of the
building. The detail shall be supportive in nature, provide a structural
function to the building and supplement the entire design theme of the building.
F. Dormers. Roof dormers are an important architectural
characteristic of the design theme, and as such they should be
designed relative to the style, appearance, and overall proportional
balance of the volumes and surfaces of the building. The design of
dormers should be functional to allow window openings and head
heights for upper level or loft living spaces. They can also be used to
bring natural light into multi-story living spaces and to provide
protection to entryways, decks and garages. Dormers should generally
be used in lieu of skylights for both function and style reasons. Dormer
forms may be gable, hip or shed. Dormers should be designed and
located relative to the style and overall proportional balance of the roof
and building. Shed dormers should not exceed more than 2/3 of the
primary roof plane. In order to maintain a simple roof form and
effectively break up the mass of the building, the front face of large
shed dormers should be at least 2 feet back from the edge of the roof.
G. Ancillary Roof Elements. Roofs should be relatively simple
and as such; the design of ancillary elements such as flues, vents,
mechanical equipment, snow fences and clips, heat tapes and
lightening rods is very important in order to minimize roof clutter.
Ancillary elements should be designed to be compatible with the
primary roof and to not create a visual distraction. All flues and vents
should be consolidated and enclosed in a structure compatible with the
overall roof form. In the event that the consolidation and enclosure of
all flues and vents is not feasible, the Design Review Committee may
approve unenclosed flues and vents provided they are small in size
and painted to match the roof color.
H. Pitch. Primary roof structures shall have a pitch of a least 7:12.
The roof pitch of secondary roofs shall be complementary to the
primary roof. This is not to imply that the pitch of secondary roofs must
be the same as primary roofs. Secondary roof pitches may vary from
the primary roof. With the exception of small flat roof sections, the
pitch of secondary roofs shall be at least 3:12.
I. Cold Roof Design. Cold roofs are strongly encouraged in order
to prevent or reduce ice damming and icicle buildup on eaves. Cold
roof design should include a continuous airflow space between eave
vents and ridge vents. Attention should be given to the venting of
dormers, secondary roof areas, and hip ridges to prevent heat build-up
or lack of airflow. If cold roofs are not used, full ice and water guard coverage will be necessary.
J. Loading. All roofs shall be designed to comply with Gunnison
County loading requirements.
K. Roof Materials. Roofing materials consisting of fireproofed
wood shingles, natural slate, tile or clay are encouraged. Corrugated
and non-reflective or pre-petiniaed metal roofs with a natural finish may
be considered as an acceptable roof material. Roofs shall be of a
muted earth tone color theme, within the range established for the
exterior walls of buildings. Asbestos shingles, asbestos appearing
shingles, synthetic materials and, except as above described, metal
roofs, are prohibited. If an excessively similar pattern of roof designs
occurs, the Design Review Committee in its sole discretion will have
the authority to determine on a case-by-case basis if a roof material is
allowed.
17. Energy Conservation.
Buildings within Skyland should be designed
to conserve energy throughout the life of the structure. The following
principles should be incorporated in the architectural design:
A. Solar Heating. Passive design should consider window size,
orientation, and shading devices. Direct solar gain surfaces should be
considered for south facing areas.
B. Entryways. Entryways should be protected from wind exposure
and the use of airlock vestibules is encouraged.
C. Landscaping. Plantings of deciduous trees can provide
summer shade and allow winter sun on south exposures while conifers
can provide winter wind protection on north exposures.
D. Sealing. Openings in exterior walls must be completely caulked
and sealed.
E. Barriers. Air and filtration barriers should be used on all outside
walls not clad in stone or stucco.
18. Fire Protection. A sprinkler fire suppression system is strongly
recommended for all newly constructed buildings.
19. Accessory Structures. Structures such as care takers apartments,
garages, sheds, porches and greenhouses shall be of similar construction
materials and quality as the principal building and shall be attached to the
main structure. Greenhouses must be constructed of permanent materials
and must be connected to the main structure.
20. Storage Areas. Site design shall provide storage areas for trash cans,
utility transformers, snow, and firewood hidden and screened from the view of
vehicular or pedestrian ways and adjacent properties by plantings,
enclosures, fences, berms or by location.
21. Spark Arrestors. Spark arrestors are required for all chimneys.
22. Exterior Lighting. Exterior lighting is to be kept to a minimum, meet
applicable local building codes and be consistent with good safety practices.
The method shall be that exterior light fixtures direct light downward. No
exterior light whose direct source is visible from the street or neighboring
property or which produces excessive glare to pedestrian or vehicular traffic
will be allowed.
A. All light bulbs must be recessed into the fixtures as far as
possible.
B. Outdoor spotlight(s) must be operated with a timer or motion
sensor that contains an automatic device to shut off the spotlight(s).
C. Indirect sources and horizontal full cut-off fixtures are required to
reduce glare and provide general ambient light.
D. Use of other than white or color corrected high intensity lamps,
as exterior lights will not be allowed.
E. Seasonal holiday lighting is an exception, but is only allowed to
be illuminated between November 15th and January 15th, and must be
removed by May 1st.
F. Sodium, mercury vapor, or bare HID (High Intensity Discharge)
yard lights are not allowed.
G. The address of each building shall be illuminated via a switched
light so as to be visible from the adjacent roadway.
H. Plans submitted to the Design Review Committee that alter the
exterior of an existing structure will require that the new exterior lighting
direct light downward. If the existing exterior lighting on the previously
approved structure does not direct light downward, such existing
lighting must be modified or replaced with exterior lighting that is
consistent with the requirements within this section. This will be a
requirement for approval of the addition/alteration plans.
I. Landscaping plans that include lighting installed for safety
purposes must be submitted with preliminary plans.
23. Exterior Antennae. No exterior antennae or satellite dishes shall be
allowed except those that meet the following requirements:
A. Shall be fixed, with maximum one (1) meter in diameter or
diagonal measurement;
B. Color shall blend with building color; except white square internet
receivers are permitted;
C. Location shall be approved by the Design Review Committee;
D. If items A, B and C are satisfied, the Design Review Committee
shall not impose restrictions that void any manufacture warranties to
exterior antennas and or in conflict with any existing state or federal
laws regarding antennas.
24. Housing Numbers. The committee recommends that each singlefamily
and duplex dwelling unit install a lighted house or unit number visible
at night from the roadway, conforming to a design and location approved by
the Design Review Committee.
25. Grading. Grade changes, cut, fill and soil removal shall be minimized
in site design. Cut and fill slopes should be no steeper than 2:1 (horizontal to
vertical). Cut and fill slopes should have good surface drainage and must be
revegetated with native ground covers and terraced or controlled by retaining
walls to protect against erosion and sedimentation. Grading shall not impact
or encroach upon adjacent lots.
26. Retaining Walls. Retaining walls may be constructed of stone or
treated landscape timbers. The use of exposed concrete, cinder block and
stucco will not be permitted. Retaining walls should be constructed to a
maximum of four feet in height. If a taller wall is required, two or more shorter
walls should be used, if feasible, with at least six feet horizontal distance
between them instead of one tall wall. Weep holes must be provided to
release trapped drainage water. Walls over four feet must be engineered.
27. Exterior Signs. All exterior signs for new and existing single-family,
duplex, town home/townhouse and multi-family projects must be approved by
the Design Review Committee and meet the specifications stated herein. All
identification signs on unsold lots owned by the developer (ND Enterprises or
successor) must be approved by the Design Review Committee and meet the
specifications stated herein. The Design Review Committee as well as the
Board of Directors of the Skyland Community Association must approve all
signs on open space.
Unless otherwise approved by the Design Review Committee all signs which
are permanent in nature shall be wood framed, down-lighted or unlighted,
mounted on a wood or rock base having the following characteristics:
A. On single-family and duplex lots one sign with no more than 6
square feet of space on each side upon which the address, inhabitant’s
name or project name and/or symbol maybe contained. The permitted
height of the sign will be determined at time of approval and may vary
based on the topography of the lot on which it will be located.
B. On multi-family tracts one sign with no more than 16 square feet
of space on each side upon which the project name and/or symbol and
address may be contained. The top of the sign, including the support,
shall be no more than 7 feet in height.
C. On developer owned lots no more than 2.25 square feet of space
on each side of the sign on which the lot number and an identification
symbol may be contained. On non-developer owned lots, the owner
may install a 2.25 square foot sign identifying the physical address of
the property. The sign, including the support, shall be no more than 5
feet in height. Lot identification signs shall be removed when the initial
sale of the lot has been completed. With prior approval of the Design
Review Committee a project identification sign for a tract containing
multiple lots may be erected at the entrance to the tract.
D. On construction sites a single temporary sign with no more than
6 square feet of space on each side. Information contained on the sign
shall include the project address and, at the owner’s option the project
name. The permitted height of the sign will be determined at time of
approval and may vary based on the topography of the site. The sign
will be of professional quality on materials approved by the Design
Review Committee.
E. All signs not prohibited in the Skyland Protective Covenants
require approval of the Design Review Committee. Speed Limit and
Stop signs require approval by the Skyland Metropolitan District.
28. Solar Access. Buildings or structures on any lot or tract shall be
designed and sited so that they do not substantially diminish access to
sunlight for solar energy use on adjoining lots or tracts.
29. Fences.The design and location of fencing shall be submitted and
approved by the Design Review Committee prior to installation. Fences, if
permitted, shall be constructed totally of natural stone and/or wood materials
or faced with natural stone and/or wood material so that no non-wood or nonstone
materials are visible. Only privacy fences shall be permitted. Subject
to the approval of the Design Review Committee as to design, size and
location, privacy fencing will be permitted to screen a small portion of a yard,
or to screen a patio, pool or dog run. Fences of more than six (6) feet in
height will not be permitted. Privacy fencing must be in harmony with the
exterior design and materials of the residence, and may not obstruct the
natural view of adjoining properties.
30. Awnings. All awnings shall meet the following criteria:
A. Frames shall be constructed of wood or metal;
B. Cover materials shall be of wood or canvas;
C. Color must be appropriate and compatible with the character of
the residence and the neighborhood.
31. Pools. Above ground pool structures shall not be allowed. The top
surface of the pool must be not more than 12 inches above grade. All pool
equipment shall be screened from view of neighboring lots, tracts, roads, or
golf course. All pool equipment shall be located or sound attenuated in such
a manner as to not disturb the occupants of adjacent or nearby properties.
32. Hot Tubs. The Design Review Committee must approve the location
and appearance of all outdoor hot tubs. Hot tubs must be screened from the
golf course and adjacent owners and must blend with building color. The
exterior surface area must be covered with an earth-tone color wood siding or
earth-tone recycled material. The hot tub shall be covered using a hard
cover consisting of a durable foam inner core and plastic covering and
finished with an earth tone color.
33. Recreational Equipment. Recreational equipment including but not
limited to swing sets, jungle gyms, trampolines, basketball standards and
sports nets or cages must be approved by the Design Review Committee.
34. Outdoor Fire Appliances All permanently installed exterior barbeque
fire appliances must be reviewed and approved by the Design Review
Committee.
35. Parking. Each single-family and two-family (duplex) residential
building shall have at least two parking spaces per unit within a fully enclosed
garage. All multi-family residential buildings, including, without limitation,
apartments and condominiums, shall have at least two parking spaces per
dwelling unit, at least one of which shall be within a fully enclosed garage.
36. Open Space. At least seventy-five percent (75%) of a lot on which a
single floor structure is constructed shall be left open and not built upon and
at least eighty-five (85%) of a lot on which a multi-floor structure is
constructed shall be left open and not built upon. Screened-in porches are
included in this calculation, open exterior decks are not.
37. Viewing Platforms. Viewing platforms may be approved and installed
at the sole discretion of the Design Review Committee.
38. Solar Panels. Subject to Design Review Committee (DRC) approval,
solar panels may be used if they are integrated into the architecture or
landscaping. Mounted panels that attach to the building at angles and
pitches inconsistent with the surrounding structure are not permitted.
The design and location of solar panels must be submitted and approved by
the DRC prior to installation. The DRC recognizes that there are several
methods to install solar panels and the installation method will be reviewed
on a case-by-case basis. The proposed method of installation i.e., ground,
roof or wall must be reviewed and considered during the preliminary design
phase/review of a new home(s), proposed remodel or proposed new
installation of solar panels at an existing home(s) and be incorporated into
the construction and or site planning and landscaping design.
The DRC has established a set of criteria utilized in determining the
appropriate method of installation. This criteria includes but is not limited to::
A. Visibility of proposed solar panel style and location from the
streets, golf courses, neighbors, open space areas or other commonly
traveled ways;
B. Solar panels frames, mounting brackets and associated
hardware shall not be reflective, shiny or contrasting in appearance to
the structure. These materials must blend into the site and or structure
and match existing building materials;
C. Solar panels shall be integrated into the existing natural features
of the site and or landscaping plan. Landscaped screening of the
panel is required to incorporate the panel into the site and landscaping
while allowing the panel to maximize its solar efficiency;
D. Solar panels shall lie flat on the roof surface. Roof design should
include the best pitch within the permitted range to achieve appropriate
solar exposure. Roof top panels which are raised and supported at an
angle different than the roof plan will not be permitted;
E. Solar panels may not protrude higher than the ridge of the roof
installed upon.
39. Lot Designation. Lot boundary corners must be marked with 5 foot
metal “T” posts driven into the ground 1 to 1½ feet and building envelope
corners must be marked with 3 foot 2-inch by 2-inch wood lath material. No
flagging material of any kind shall be tied to lot corner and or lot building
envelope stakes. Flagging may only be used for specific engineered projects
requiring a licensed surveyor and must be removed within 30 days of
installation.
40. Gazebos and Pergolas. The Design Review Committee must
approve gazebos and pergolas. If approved, the square footage of the
pergola or gazebo will be included in the Lot Coverage calculation used to
determine the required open space percentage for the lot. If the lot has a
platted building envelope, the gazebo or pergola must be constructed within
the envelope. Otherwise, the construction of a gazebo or pergola must
satisfy the setback requirements in Article V, “General Restrictions”
paragraph 3.
ARTICLE VI
CONSTRUCTION REGULATIONS
Construction. The following restrictions apply to the construction of all buildings
and structures within SKYLAND, FILINGS 1, 2, AND 3:
1. Construction Hours. Construction is permitted from 7am – 6pm
Monday through Saturday and work is not permitted on Sunday.
2. Silt and or Control Fencing. Silt and or control fencing may be
required to delineate areas that are not to be disturbed on construction sites.
3. Snow Removal. Snow may be removed, or “pushed off” lots prior to
commencing construction on lots within Skyland at the sole discretion of the
Design Review Committee (DRC). Prior to granting approval, the applicant
must present detailed plans to the DRC for review and consideration.
4. Construction Trailers, Portable Field Offices, Unit or Complex
Designation Signs and Contractors Business Display Signs. Owners or
contractors who desire to temporarily set a construction trailer , field office,
unit or complex designation sign or business display sign on a construction
site must first obtain written approval from the Design Review Committee
(DRC). Any sign on a construction site must conform to the requirements
stated within Article V, “General Restrictions”, paragraph 27, “Exterior Signs”
and be approved by the DRC. The DRC, designee or manager will designate
a specific location and a maximum period of use.
5. Storage of Materials and Equipment. Owners or contractors are
permitted to store construction materials and equipment on an approved
construction site during the construction period. All equipment and materials
shall be neatly stored or stacked, properly covered and secured. Owners or
contractors will not disturb, damage, trespass or store materials or equipment
on other lots, tracts, roadway rights of way, or utility easements.
6. Debris and Trash Removal. Trash and debris must be placed in a
dumpster that contains an integral lid(s) or a secured tarp. Owners and
contractors shall clean up all trash and debris daily on the construction site
and surrounding land, if blown from the site. Particular attention should be
paid to site cleanup following windstorms and during spring months. The
dumpster must be emptied when full. All persons are prohibited from
dumping, burying or burning trash anywhere in Skyland Filings 1, 2, and 3. Solid and liquid food wastes, including containers used for foods and liquids
such as empty cans, bottles, bags, styrofoam and paper boxes, etc. must be
disposed of in a “bear-proof” container approved by the Design Review
Committee.
7. Sanitary Facilities. Each owner or contractor shall be responsible for
providing adequate sanitary facilities on site for his construction workers.
8. Parking Areas. Construction crews or other construction personnel
shall not park on public roads or use other lots or tracts for parking purposes
during construction. The applicant must establish a parking plan with the
Design Review Committee, designee or manager and adhere to said plan
during the construction period.
9. Concrete. Following concrete delivery to construction sites, concrete
trucks may not clean trucks or dump excess concrete in Skyland roads, right
of ways or easements.
10. Excavated Materials. Excess excavated materials shall be hauled
from SKYLAND, FILINGS 1, 2, AND 3, or placed in areas approved by the
Design Review Committee.
11. Damaged Property. Damage to or scarring of other properties,
including but not limited to other lots or tracts, roads, driveways or other
improvements is not permitted. If damage occurs, the person(s) responsible
will repair it promptly. The owner of the lot or tract upon which improvements
are being constructed shall be responsible for damage and other violations of
these construction regulations caused by such owner’s contractors, subcontractors,
employees, agents or other representatives.
12. Blasting. If any blasting is to occur, the Design Review Committee
shall be informed in writing forty-eight hours in advance to allow it to make
such investigation as it deems appropriate to confirm that adequate
protective measures have been taken prior to blasting. The “blasting”
contractor must be licensed, provide proof of insurance and name the
Skyland Community Association as an additional insured party.
13. Conduct and Behavior. All property owners in SKYLAND, FILINGS
1, 2, AND 3, shall be responsible for the conduct and behavior of their
representatives, builders, contractors and subcontractors.
14. Stop Work Authority. The Design Review Committee shall at all
times have the authority to stop all work on any construction site within
SKYLAND, FILINGS 1, 2, AND 3. Contractors or contractors' personnel
violating any of the provisions of this instrument or the Declaration of
Protective Covenants shall be just cause for stopping all work. A stop work
order will be issued directly to the lot or tract owner in writing and posted at
the work site.
15. Housing. No construction worker or lot or tract owner shall set up a
temporary residence on any construction site in a trailer, motor home, or tent.
All construction workers must be housed in permanent housing within or
outside SKYLAND, FILINGS 1, 2, AND 3.
16. Pets. Dogs and other pets owned by contractors or construction
workers shall be prohibited from construction sites unless said contractor is
the legal owner of record of such lot and on-site and controlling the pet when
present where construction is taking place.
17. Site Cleanliness Requirements. When the sites building(s) receives
a Temporary Certificate of Occupancy, the entire site must be cleaned and all
construction materials and equipment removed within fourteen (14) days.
ARTICLE VII
LANDSCAPING, SCREENING AND EXTERIOR DISPLAYS
1. General. It is the intent of this article to improve the natural
appearance of SKYLAND, FILINGS 1, 2, AND 3, and to maintain such
appearance and maximize the seclusion of each home site from other home
sites, insofar as possible. Landscaping is encouraged and the types and
treatment of plant materials are subject to approval of the Design Review
Committee. The intent is to reinforce the natural setting through welldesigned
use of existing grade and drainage and drought tolerant native and
adapted plant materials. The transitional area between the asphalt surface of
the road and the private area of a lot must contain natural vegetation. If this
area is disturbed during construction, the criteria identified in Paragraph 4
below must be followed.
2. Clearing of Trees and Vegetation.At all times – prior to, during and
after construction is complete, no trees or brush growing on any residential
lot or tract shall be felled or trimmed nor shall any natural areas be cleared or
formal lawn areas planted or landscaping performed on any residential tract
without the prior written approval of the Design Review Committee or Design
Review Chairperson, Vice Chairperson, or manager if found to be
insubstantial. The purpose of tree cutting is to allow beautification, promote a
more attractive and healthy landscape environment, create views, allow for
better sun exposure for homes and to prevent possible damage from falling
trees to houses or roads.
Within fifteen (15) days, any trees cleared from any lot or tract shall be
disposed of by the owner of said lot or tract in such a way that all lots,
whether vacant or built upon, shall be kept free of accumulations of cut brush,
logs or other materials that may constitute a fire or insect infestation hazard
or render a lot unsightly, provided, however, that this clause shall not prevent
owners from stacking firewood in neat stacks on their lots. Stumps must be
cut no more than 3 inches from ground level.
If the owner of a lot or tract violates this section, the Board of Directors of
Skyland Community Association may levy a fine against the owner and may
order the owner to restore the lot or tract to its previous condition, as it
existed before the violation. If the owner fails to pay such fine and/or restore
the lot or tract, the Board of Directors may levy a Non-Compliance
Assessment in the amount of the fine, plus the cost of restoration, plus
attorneys' fees and interest, and a written notice of assessment lien may be
signed and recorded in accordance with the provisions of the Declaration of
Protective Covenants of SKYLAND, FILINGS 1, 2, AND 3. Prior to the fine
being levied and subsequent action taken as described herein, the owner will
be given notice and provided an opportunity to be heard. The Design Review
Committee will listen and review the circumstances and shall have the right to
waive the fine and or subsequent actions.
3. Conservation of Landscape Materials. Owners and contractors are
apprised of the fact that lots and tracts contain fragile native plants and other
landscape materials that should be salvaged before and during construction,
such as topsoil, rock outcroppings and native shrubs, grasses and trees.
Materials that cannot be removed should be marked by flagging and
protected by barriers.
4. Landscaping Required. The landscaping of lots and tracts within
SKYLAND, FILINGS 1, 2, AND 3, is required and must be completed in
conjunction with the construction of buildings and other structures by the end
of the growing season following substantial completion of the building.
Revegetation of disturbed areas after construction must adhere to the
following criteria:
(a) A grading plan is required to determine areas that will require reestablishment
of lands back to its natural state. The grading plan must
identify a location for storage of backfill, topsoil and areas that
constitute the impacted areas (to be noted “transition zone”). The
Design Review Committee reserves the right to require protective
fencing to protect areas outside said transition zone;
(b) Disturbed areas must be seeded with a native grasses mixture,
including 20% native wildflower seeds;
(c) A water management plan identifying specific details for watering
the new seed must be approved by the Design Review Committee;
(d) Constructed utility trenches must adhere to the seeding and
watering plan (approved by the Design Review Committee) to reestablish
the pre-existing natural condition.
In accordance with the "Plan Submission Requirements" set forth herein, all
proposed landscaping must be shown on the "Site Plan" or "Tract
Development Plan" submitted to the Design Review Committee for review
and approval, and the landscape performance guarantee must be posted as a condition of plan approval. The approved landscaping plan must be completed within one year after the Certificate of Occupancy is received by
the Gunnison County Building Department. The Design Review Committee,
its designee or manager, must approve any revisions to the landscaping plan
approved during the design review process. Required landscaping is as
follows:
A. Single-Family and Duplex Lots. As a minimum, landscaping or
remaining natural growth after construction shall include 3,000 points
(minimum) for a single-family lot and 4,500 points (minimum) for a
duplex lot. Points required are based on the square footage of the
structure, i.e., if a single-family home is 3,750 square feet (per the
square footage definition), 3,750 landscaping points would be required.
This formula applies to duplex structures also.
A single-family lot must have at least three (3) 14-foot evergreen trees,
and a duplex lot must have at least five (5) 14-foot evergreen trees.
Points must be from at least four (4) categories, with a minimum of
1,000 points in the “Trees” category and 250 points from three (3) other
categories.
Evergreen and Deciduous trees must be nursery-grown and satisfy
minimum standards as defined and certified by the Colorado Nursery
Growers Association. The Design Review Committee shall have the
authority to require nursery grown trees if an owner requests approval
to plant additional trees exceeding the trees and points requirements
stated above. Said requests and review of additional trees will be
evaluated on a case-by-case basis.
1) Trees (1,000 points minimum):
Deciduous 5 points per foot
Evergreen 15 points per foot
2) Shrubs:
Deciduous 30 points per shrub
Evergreen 40 points per shrub
3) Dry landscaping:
Bark Chips 1 point per 10 square feet
Crushed rock 1 point per 10 square feet
Boulders 50 points per decorative boulder
(minimum exposed 3 feet in
diameter)
4) Planted surface (maximum 500 points):
Sod or seeded lawn 1 point per 10 square feet
Flowers in beds 1 point per square foot
Ground cover 1 point per 10 square feet
5) Hard surfaces:
Pavers 40 points per 100 square feet
Stone Patio 40 points per 100 square feet
6) Structures:
Planters 5 points per square foot
Benches 5 points per bench
7) Existing landscaping (maximum 500 points):
Trees:
Deciduous 5 points per foot
Evergreen 15 points per foot
Irrigated lawns should be kept to a minimum to promote water
conservation within Skyland. Lawn sizes are to be in accordance with
the Rules and Regulations of the Skyland Metropolitan District, and all
lawns will be watered with a permanently installed, automatic,
underground sprinkler system.
B. Multi-Family Tracts. The same point system and requirements
set forth in Article VII, paragraph 4 and 4(A) shall apply to all multifamily
tracts with minimum of 2,000 points per unit, 6,000 points per
building, including 1,000 points (minimum) from the “Trees” category
and 250 points (minimum) from three (3) other categories. Each
building within the multi-family tract must have a total of five (5) 14-foot
evergreen trees. Points required are based on the square footage of
the structure, i.e., if a multi-family unit is 2,500 square feet (per the
square footage definition), 2,500 landscaping points would be required.
As in single-family and duplex lots, the Skyland Metropolitan District’s
Rules and Regulations will apply to multi-family tracts.
5. Screening. Utility meters, garbage and rubbish areas, clotheslines, air
conditioning equipment, pool filters, dog runs, hot tubs, recreational
equipment and any other improvements which the Design Review Committee
deems unsightly shall be screened or enclosed from view from public roads,
other lots and tracts, or the golf course. Screening enclosures or fences shall
be of materials and colors that conform to this instrument and are
harmonious with the primary buildings or structures on the lot or tract. If
plantings are used for screening, they shall be of species equally effective in
winter or summer. Roof equipment such as ducts, ventilators, or chimneys
shall be anodized, painted, or screened in an acceptable manner.
6. Weed Management. Appendix I titled “Weed Management Plan”
describes the weed management plan approved by the Skyland Community
Association Board of Directors. The goal of the plan is to prevent and or
control the growth of noxious weeds within Skyland. The Design Review
Committee is hereby authorized to enforce this plan.
7. Exterior Displays. Personal items of substantial size and shape
displayed on a lot’s exterior land and or attached to a structure in Skyland
must be approved by the Design Review Committee. These items must
reflect the design style of Skyland and be based upon the western heritage of
Skyland’s location in the mountains of the American West. The Design
Review Committee reserves the right to require dimensioned drawings,
artist’s renderings and or other information deemed necessary, of the
proposed item(s) prior to granting approval.
ARTICLE VIII
DRAINAGE
1. General. There are several minor drainage ways that work their way
across SKYLAND, FILINGS 1, 2, AND 3. These minor drainage ways are
either the result of perennial springs that originate within SKYLAND, FILINGS
1, 2, AND 3, or storm runoffs with tributary areas lying outside the boundaries
of SKYLAND, FILINGS 1, 2, AND 3. Detailed drainage analysis must be
utilized in planning for drainage on individual tracts or lots. Local storm
drainage must be provided for in the design of proposed improvements on
any lot or tract within SKYLAND, FILINGS 1, 2, AND 3.
2. Single-Family or Duplex Lots. Where private access driveways
approach the public road system, provision must be made to prevent
blockage of the roadway ditch system. Therefore, a side culvert must be
provided at all private driveways where they meet the existing public road.
Normally a twelve (12) inch diameter corrugated metal pipe (CMP) will
adequately handle expected storm flow. However, under certain
circumstances where large tributary areas exist or perennial flows are
present, a larger culvert will be required. Where private access driveways
meet private roadways in multi-family or duplex projects within Skyland,
normally a twelve (12) inch diameter CMP should be installed. However,
under certain circumstances, this may not be necessary. In such
circumstances, the Design Review Committee, its designee or manager must
be consulted to evaluate and determine if a CMP should be installed.
The Design Review Committee may be consulted on drainage issues and
may require certain minimum standards; however, each owner shall be
responsible for consulting independent professionals to determine necessary
culvert size and other drainage requirements. All private driveway culverts
shall be installed at the flow line of the roadway ditch in line with that ditch or
where the fill slope meets the native ground when a ditch does not exist. No
house, garage or other structure can be built within a drainage easement nor
may any fill material which will impede the flow of storm drainage be placed
in a channel or swale along any identified drainage way.
In the design of storm drainage improvements for any tract with Skyland,
every effort should be made to utilize existing ditches and watercourses, and
to prevent soil erosion. The Design Review Committee will not approve the
plans and specifications for any tract until adequate provision for storm
drainage has been made. The Design Review Committee will disapprove
any plans and specifications containing inadequate provision for storm
drainage.
3. Multi-Family, Lodge, Maintenance, and Clubhouse Tracts. It is
anticipated that storm drainage within these tracts will be adequately handled
through the proper design and use of swales, ditches, culverts, and channels.
However, under certain circumstances, curb and gutter and storm sewers
may be required to properly handle storm drainage within some tracts.
In the design of storm drainage improvements for any tract within SKYLAND,
FILINGS 1, 2, AND 3, every effort should be made to utilize existing ditches
and water courses, and to prevent soil erosion.
The Design Review Committee will not approve the plans and specifications
for any tract until adequate provision for storm drainage has been made.
Inadequate provision for storm drainage will be just cause for the Design
Review Committee to disapprove the plans and specifications for any tract
within SKYLAND, FILINGS 1, 2, AND 3.
ARTICLE IX
DRIVEWAYS AND PARKING AREAS
1. Single-Family or Duplex Lots. Access to primary dwelling units on
single-family or duplex lots shall be by driveways that allow easy access to
the public road system via the secondary road access. When driveways are
considered during the design review process, the following factors will be
taken into consideration:
A. The minimum surface width of the driveway must comply with
the Gunnison County Road and Bridge department’s specifications;
B. Good visibility and sight distance should be obtained along the
public roadway together with an intersection as close to 90 degrees as
possible;
C. All driveways shall have a maximum gradient of 11%. Driveways
shall not exceed a grade of 4% for a minimum of 30 feet from the
intersection with the edge of the road. Grades and distances will be
measured at the centerline of the driveway. The Design Review
Committee is authorized by the Skyland Metropolitan District to
consider variances. The Design Review Committee may consider
modifications to this article, including additional requirements in order
to comply with the Crested Butte Fire Protection District Guidelines;
D. Driveways on steep terrain should not run perpendicular to land
contours, and all cut and fill slopes should be as flat as possible and
revegetated. Interference with natural drainage flows should be
avoided;
E. On steep terrain, where driveway construction will be expensive,
lot owners should consider building driveways jointly with adjacent lot
owners;
F. All driveways must be paved. A hot bituminous pavement (HBP)
or concrete surface course (but excluding chip and seal) shall be used.
Paving of a driveway (whether new construction or existing
construction) shall be at the sole expense of the lot owner and
completed within one year of receiving a certificate of occupancy.
2. Multi-Family, Lodge, Maintenance, and Clubhouse Tracts. Detailed
plans and specifications for driveways and parking areas within tracts are
required to be submitted for review by the Design Review Committee. Within
parking areas, pavement-marking delineating individual parking and
pedestrian crossings, is required. For multi-family tracts, at least two, off
road, parking spaces shall be provided for each dwelling unit. For the
clubhouse tract, maintenance tract and lodge tract, adequate off street
parking must be provided for the sizes and types proposed. The following
factors will be taken into consideration during the review of driveways and
parking areas for tracts:
A. The minimum surface width of the driveway(s) must comply with
the Gunnison County Road and Bridge department’s specifications;
B. Good visibility and sight distance along the public roadway and a
degree of intersection as close to 90 degrees as possible;
C. Gradients should not exceed 11% anywhere along the driveway
and must be at or near 4% within 30 feet of the public roadway
shoulder. The Design Review Committee is authorized by the Skyland
Metropolitan District to consider variances if the gradient exceeds 4%
within 30 feet of the public roadway shoulder;
D. Driveways on steep terrain should not run perpendicular to land
contours, and all cut and fill slopes should be as flat as possible and
revegetated;
E. For each tract, access to the public road should be limited to
three driveways;
F. Adequate landscaping shall be required in order to break up, and
to screen to the extent feasible, all parking areas;
G. All driveways and access drives must be paved. A hot
bituminous pavement (HBP) or concrete surface course (but excluding
chip and seal) shall be used. Paving of driveway(s), access drives and
parking area(s) shall be at the sole expense of the tract owner and
completed within one year after completion of the last building with the
designated tract noted above.
ARTICLE X
POWER, PHONE, NATURAL GAS AND CABLE TELEVISION
Individual lot or tract owners are responsible for providing for the extension of
private utilities to buildings or structures. Extensions should be provided for through
the appropriate private utility company or their contractors. All extensions must
conform completely to the rules and regulations of the private utility companies. All
power, telephone, natural gas and cable television cables must be installed
underground in all areas throughout SKYLAND, FILINGS 1, 2, AND 3. Overhead
lines or wires, poles or any other aboveground appurtenances, except junction
boxes, are strictly forbidden within SKYLAND, FILINGS 1, 2, AND 3.
ARTICLE XI
EFFECTIVE DATE
These Design Guidelines shall be effective as of and apply to all construction
commenced after August 25, 2009. Approvals granted hereunder shall be valid for
18 months for single-phase projects and for 60 months for multiple phase projects
on condition that construction is commenced within 18 months of approval.
CERTIFICATION
The foregoing Design Guidelines were duly adopted by the Board of Directors of
Skyland Community Association, a Colorado non-profit corporation, at a meeting
held on August 25, 2009.
SKYLAND COMMUNITY ASSOCIATION,
A Colorado non-profit corporation
By:
Secretary
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