Dammeron Valley Landowners Association
ARCHITECTURAL GUIDELINES
January 2004
PREFACE
To preserve the beauty of Dammeron Valley, the developer established conditions of ownership through the Dammeron Valley Landowners Association (DVLA) and the Conditions, Covenants and Restrictions (CC&R's) that were recorded for real property within the subdivisions. The CC&R's provide basic standards which are legally binding for building and land use. The CC&R's are similar but not uniform for the various subdivisions. The CC&R's are binding for a period of 40 years for each subdivision and are automatically renewed unless acted upon in accordance with their terms.
The DVLA was incorporated in 1976. It is governed by Articles of Incorporation and Bylaws. Membership in the DVLA is based on ownership of property in any of the subdivisions regulated by the DVLA. It is managed by a Board of Trustees which is charged with interpretation and implementation of the CC&R's.
These architectural guidelines were instituted to clarify the policies that the Board of Trustees will use in implementation of the CC&R's. The guidelines must be consistent with and in fulfillment of the CC&R's and will be interpreted taking into account the character of each subdivision as it has developed overtime. The Board of Trustees may adopt guidelines in response to instructions of the members of the DVLA in accordance with the bylaws. An Architectural Review Board (ARB) was established through bylaw to consult with members and advise the Board of Trustees regarding the external design, appearance, location, and maintenance of the properties and of improvements thereon. The ARB conducts the review of plans and proposals for construction and related activities in Dammeron Valley.
All construction of homes, accessory structures and perimeter fences require DVLA approval. The CC&R's for each subdivision must be consulted in addition to the architectural guidelines to ensure compliance with all recorded requirements.
NOTE: The DVLA does not
enforce Washington County building codes or zoning ordinances.
Landowners have an independent obligation to ensure that their actions
accord with applicable
federal, state and local laws and regulations.
GUIDELINES
BUILDING TYPE:
Casual western and ranch styles are preferred. Dome and A-Frame styles are not acceptable.
MINIMUM HOUSE SIZE:
(Size indicated for homes is exclusive of garage and basement)
Single-level homes: Minimum size is 1200 sq. ft. unless CC&R's specify otherwise.
Two-level or split-level homes: Minimum size on lower level is 1000 sq. ft. and Minimum size on upper level is 500 sq. ft, unless CC&R's specify otherwise.
MAXIMUM HOUSE HEIGHT:
Maximum height is 35 feet in all subdivisions unless CC&R's specify otherwise.
These measurements also apply to chimneys and flag poles, but excluding ordinary rooftop antenna deemed to be a reasonable height by the DVLA. No house shall exceed 2 ½ stories in any subdivision.
SIZE OF ACCESSORY BUILDINGS:
Accessory buildings shall generally not exceed 2,000 sq. ft. in area and 20 ft. in height, except in 5 acre lots zoned RA-5 (Dammeron Valley Ranches and Meadows) where they generally shall not exceed 3,000 sq. ft. Any accessory buildings proposed in excess of 1,200 sq. ft. will require detailed architectural features and landscaping to ensure that they blend with the surrounding area.
ROOF PITCH:
The minimum recommended pitch in the Meadows and Ranches is a 4/12 or greater pitch, not to exceed a 12/12 pitch.
EXTERIOR MATERIALS:
Recommended Siding:
House: Natural solid wood, log, stucco, brick, adobe, natural stone. T1-11 is acceptable if used in combination with other materials such as brick or stone. Metal and plastic siding may not be used except for minor appearance features, such as gables and soffits.
Detached Garages and storage sheds: It is recommended that materials and colors for accessory structures match the house and garage as much as possible. T1-11 and other similar type plywood based materials of exterior grade may also be used. Metal and plastic siding may not be used except for minor appearance features, such as gables and soffits.
Barns and animal shelters: Metal wall paneling is acceptable if the material is heavy gauge structural grade steel or aluminum panels manufactured specifically for use in buildings. Panels must have a baked on enamel finish, or equivalent. Plastic siding may not be used except for minor appearance features.
Roofing:
Reflective materials will not be allowed.
EXTERIOR COLORS:
Recommended Colors: Natural wood hues and native earth tones including taupe. In other words, warm subdued colors mainly in the brown family, unless CC&R's specify otherwise.
Unacceptable Colors: White, near-white, cool and blue grays, pastels, bright colors and tints of bright colors, and black, unless CC&R's specify otherwise.
GARAGE:
Garages are required in some subdivisions and recommended in others. They must be enclosed and must be built at the same time as the house and are subject to the same rules and regulations that govern houses. Garages must not be built prior to construction of the house. Minimum size: 12 x 20 ft, unless CC&R's specify otherwise.
Any type of semi-tractor/trailer vehicle over 26,000 lbs. Gross Vehicle Weight with a commercial license and intra or inter-state plates, including the tractor part of the tractor/trailer, will not be permitted to be parked or stored on any lot overnight. This does NOT apply to recreational vehicles, vans, trucks or horse trailers under 26,000 lbs.
FENCES:
Fronting recorded public road easements: In addition to round and split rail fences permitted by applicable CC&R's, fences may be of wood posts and may have two to four round, split or flat wood rails.
Fences along property lines fronting U-18 must be wood post and round rail of three or four rails. Such fencing is required and must be built within one year of lot purchase from the developer.
Sides and rear of properties: Wood or metal posts with wood or metal rails or field fence, "horse wire" or "V mesh". Vinyl or polymer post and rail. A single strand of barbed or electrified wire may be used in conjunction with perimeter fence to restrain large animals.
All wood post and rail fences may be lined with field fence "horse wire" or "V mesh" if desired. Other fence materials may be approved if they offer a similar design and natural appearance.
All fencing is to be non-reflective and earth tones in color. Chain link fencing is not acceptable.
No solid fencing (wood, brick, etc.) except when used in close proximity to the house or accessory building as privacy wall/screen. In no case should such fence encroach within stated setbacks.
BURIED SERVICES:
Lines connecting water, power, sewer, telephone and similar services must be underground. Private septic systems are not allowed in Pinion Hills. Lot owners there should exercise caution when planning, to assure sites and designs that will enable flow into the waste system provided by the Dammeron Valley Special Service District.
NATURAL VEGETATION:
Every effort should be made to preserve natural trees and vegetation, which should not be removed except as necessary for such things as building roads and houses, or for landscaping. Any areas where natural vegetation is removed will generate weeds unless landscaping is maintained. If vegetation is removed for any other reason, it must be restored in a reasonably prompt manner to the satisfaction of the DVLA.
LIGHTING:
Many landowners desire to enjoy the night skies. Even minimal lighting travels very far at night and interferes with vision. Exterior lighting should be designed to minimize transmittal of light onto adjacent properties. Out of courtesy for neighbors, landowners are encouraged to minimize use of exterior lighting at night.
CONSTRUCTION:
All construction projects must be completed within one year after commencement of construction or placement of temporary housing on property, whichever comes first. Temporary living quarters, such as mobile homes, are prohibited unless authorized by the DVLA Board of Trustees. Authorization may not exceed a period of one year and may only be issued while a permanent home is being constructed.
Adequate toilet facilities must be on site during construction. Proper containers must be provided on site for construction debris. Burning of debris is subject to DVLA Fire Department approval.
The landowner is responsible for informing construction workers about all relevant DVLA CC&R's and architectural guidelines. Workers are also expected to observe local speed limits, parking restrictions and the restrictions against loud noise, particularly loud radios.
CHANGES AND ADDITIONS:
Any changes or additions that relate to any matter encompassed within the CC&R's or architectural guidelines require DVLA approval before being started. This requirement applies to any project undertaken after approval of original plans, including construction of animal shelters, fences and changing the exterior color or materials of home or accessory structure, whether or not a County building permit is required.
Any structure or land use which has been in place for more than two years without action by the DVLA shall be deemed to have been approved, provided, however, that any implied waiver of any provision of these guidelines shall not be deemed to be a continuing waiver or a waiver of any subsequent breach, whether of the same or any other provision of these guidelines.
In order for plans to be approved by the ARB and the Board of Trustees they must be in compliance with the CC&R's and the Architectural Guidelines. Plan approval must be received before applying for County building permits.
Please call the current
chair of the ARB or any Board member to arrange to submit plans.
FORMAT FOR SUBMITTING BUILDING PLANS
When the following specifications are met, plans will be reviewed and a response issued by the DVLA as soon as possible, not to exceed 30 days.
SUBMIT THREE SETS OF PLANS:
If approved, one set will be retained by the DVLA and the other two returned to the owner, one for submittal to the County Building Department, and one to be retained at the building site during construction.
Plans must include:
Key exterior elements such as siding, roof, chimney, etc, must be rendered in sufficient detail and accompanied by clear descriptions of materials, colors and textures.
Descriptions for wood must disclose form, nominal measurements, common species name, finish to be applied and other pertinent data (e.g., solid 1 x 8 ship lapped western red cedar installed rough side out with clear finish.)
An Owner's Project Summary form and an Owner's Statement of compliance form should be submitted when plans are submitted.
These forms can be obtained from any member of the ARS, Board of Trustees, the DVLA secretary or the DVLA web site.
Submit accurate color samples for the exterior features of each structure. Samples required for buildings must include all relevant features such as roof, siding, trim, window frames, entry doors, garage doors, gable vents, soffits, gutters, etc.
Furnish actual material samples on pre-finished products such as brick, stone, roofing, etc. Other samples to be given a finish coat, such as wood, are helpful, but may not be essential if related material descriptions and color samples truly reflect final appearance.
Detailed plan requirements may be waived for a structure that does not exceed 12 ft. in width, length or height, and for a structure that is largely two-dimensional, such as a fence, if otherwise acceptably presented.
PERFORMANCE DEPOSITS & FEES:
Performance Deposits are required to ensure that residences and accessory structures are built according to approved plans and are in compliance with the CC&R's and Architectural Guidelines.
Refund of Performance Deposits will be made within 15 days after construction is completed if all exterior features are in compliance and the project has been inspected by the ARB.
For House & Garage:
A $1,000 Performance Deposit is required for construction of a new house (including garage) except where CC&R's impose higher amounts.
A $100 Plan Review Fee is required to cover building plan and architect review expenses (no refund).
A $100 Tree Deposit was initiated to encourage the planting of trees. Refund of the Tree Deposit will be made as soon as five 15 gallon size trees are planted on owner"s property within a two year period after construction has started. The Tree Deposit can be waived if the ARB determines that the lot is already sufficiently wooded. Additional requirements may be imposed by applicable CC&R's.
If the new home will not be occupied by the owner, a $300 Tree Deposit will be required. Refund will be made if owner plants trees before selling property. If the owner does not plant before selling, the Tree Deposit can be refunded to the new owner if trees are planted within one year of purchase.
For Accessory Structures and Additions:
For additions to houses and for structures such as barns, animal shelters and sheds, etc., the following graduated Performance Deposit schedule is in effect:
Structures under 200 sq. ft. do not require a Performance Deposit. However, plans for these structures need to be approved.
Structures from 201 sq. ft. to 500 sq. ft. require a $250 Performance Deposit.
Structures from 501 sq. ft. to 999 sq. ft. require a $500 Performance Deposit.
Structures over 1,000 sq. ft. require a $1,000 Performance Deposit.
PLAN REVIEW FEES ARE REQUIRED WHEN PLANS ARE SUBMITTED. PERFORMANCE AND TREE DEPOSITS ARE REQUIRED WHEN PLANS ARE APPROVED.
Checks for Performance
Deposits, Plan Review Fees and Tree Deposits should be made out to
the Dammeron Valley Landowners Association.
APPEAL PROCESS
Any landowner who desires to reverse the decision of the Board of Trustees with regard to a decision made to grant or deny permission for any structure may do so through the following procedure:
1. Send notice to the Board of Trustees which includes the following:
a. Identify the basis for the objection to the decision.
b. Provide a proposed draft decision which the landowner proposes to substitute for the decision made by the Board
c. An agreement to pay for all costs of submitting the proposed draft decision to the landowners for review, including printing and mailing costs (including costs of enclosing stamped, self-addressed labels for returning ballots to the DVLA), as well as the costs of staff time to tally the results.
d. A deposit of [$300.00] to pay for initial copying and mailing of the proposed draft decision to the members of the DVLA
2. No objection or draft decision which would constitute a violation of an express provision of applicable CC&R's may be considered for appeal
3. Notice in compliance with the requirements set forth above must be submitted within 30 days of the Board's decision or the landowner shall be deemed to have agreed to the decision
4. Upon receipt of timely notice and deposit which meets compliance with the requirements of Section 1, above, the Board shall cause copies of the proposed draft decision and the Board's decision which is being challenged, along with the basis for the objection to the Board's decision and a statement by the Board in support of its decision, to be mailed to the members of the DVLA, requesting them to either approve the Board's decision or the proposed draft decision and enclosing a ballot along with a stamped envelope addressed to the DVLA. The ballot shall specify the voting procedure and shall require ballots to be returned within 15 business days after the date the ballot was sent. The ballots for the subdivision where the decision applies shall be color coded or otherwise marked to differentiate them from other subdivisions.
5. The Board's decision shall be reversed, and the landowner's proposed draft decision shall be adopted, if approved by:
a. A majority of all landowners entitled to vote, and
b. A majority of landowners in the subdivision where the decision applies
Revised 1/27/2004