Guidelines.
The Design Consultant shall be appointed by the registered owner of the lots (the "Developer"). In the event the Developer wishes to appoint a new Design Consultant, the Developer has the right to do so.
To ensure the Design Guidelines are adhered to, a $10,000 compliance deposit (the "Compliance Deposit") is to be paid to the Developer on completion of the purchase of the lot by the Lot Owner. The Developer will hold the Compliance deposit to ensure the Lot Owner complies with the Design Guidelines. This Compliance Deposit will be returned to the Lot Owner, without interest, after the Sunshine Coast Regional District and the Design Consultant issue a final occupancy inspection is satisfied that the dwelling conforms to these Design Guidelines and landscaping has been completed.. If the Lot Owner does not comply with the Statutory Building Scheme and the Design Guidelines, the Compliance Deposit will be automatically forfeited to the Developer, without prejudice to any other rights or remedies of the Lot Owner.
Plan Approval
Before purchasing a Lot or house plans, it is strongly recommended that Lot Owners and their Builders first read these Design Guidelines in their entirety. To ensure that the proposed home is compatible with the Design Guidelines and with nearby homes, Lot Owners and/or their Builders must provide the Design Consultant with preliminary building plans and specifications showing elevations, siting, exterior color scheme and details of exterior materials, existing trees, driveway cut-ins, electrical boxes and other significant site influences. Site-specific height and location restrictions may apply at the discretion of the Design Consultant in the interest of maintaining the view for other Lot Owners.
The Lot Owners and/or their Builders must also provide the Design Consultant with a copy of the geotechnical report prepared by a Geotechnical Engineer identifying the location where the building and any rock stack retaining walls may be safely constructed.
The Design Consultant will issue a letter of approval or disapproval within 10 days of receipt of such plans. The Design Consultant shall have the sole right to give or withhold approval. All site preparation and construction of improvements on the Lots must be in accordance with such Approval and if not, the Developer can require the unapproved preparation or construction to be remedied or removed at the Owners expense.
In all cases where major revisions or refusal of the home is involved, the Lot Owner and/or the Builder will be given an opportunity to meet and discuss the proposed revisions before a formal request for changes or an outright refusal of the home is issued. Once a plan is approved and bears the stamp of approval, the Design Consultant must approve any subsequent changes to the exterior of the home or significant changes to the interior in writing.
House Sizes
No dwelling on any Lot shall occupy an area (exclusive of garage, patios and decks) of less than 1200 square feet (111 square metres) on the main floor for two level homes, or less than 1400 square feet (130 square meters) for rancher or bungalow style homes.
Dwellings Permitted
No dwelling or other building erected on any of the Lots shall be of a construction other than new construction.
Modular dwellings, mobile homes, duplexes, agriculture and bed and breakfast homes are not permitted. No trailer, mobile home or motor homes shall be maintained as a residence on any of the Lots other than during construction, and this only for a period a six months.
Siting & Setbacks
The siting of each dwelling shall take into consideration the lot's natural characteristics, including the slope of the Lot, the location of any existing trees that are designated for preservation, and the location of neighbouring improvements, as determined by the Design Consultant in relation to the over-view or over-shadowing of neighbouring lots and improvements.
It is the Lot Owner and their Builder's responsibility to identify the location of easements, right-of-ways, restrictive covenants, drainage swales, hydro boxes, streetlights, and services and to comply with the setback requirements established by the Sunshine Coast Regional District and the recommendations of the Design Consultant. To ensure consistency and continuity of the streetscape, to ensure view preservation, and to maximize privacy, the Design Consultant and the Owner and their Builder will endeavour to ensure that specific setbacks are suitable for specific lots, and if needed will increase setback requirements on individual lots to amounts which may be more stringent than minimum setbacks of the zoning by-law.
Accessory Buildings
Only one accessory building is allowed on each Lot. The Design Consultant must approve all such buildings and their location. Accessory buildings must compliment the house style and be finished to match the main dwelling.
No portable sheds are allowed. No building of any kind is permitted outside the buildable area of the Lot in accordance with the Section 219 Covenant in favour of Her Majesty the Queen in Right of the Province of British Columbia as represented by the Ministry of Transportation (the "Geotechnical Covenant").
Roofs & Exterior Finishes
Roof slopes must be a minimum of 4:12. All roofs must be finished with cedar shakes or shingles or masonry tiles, except where the design or method of construction will not permit their use, in which event the Design Consultant may permit the use of a substitute roofing material.
Asphalt Shingles, strictly limited to those with a 40 year guarantee, are permitted in one of three colour choices: Weathered Wood, Slate Grey and Wood tone, similar to that of a shake roof.
Metal roofs are allowed only within the above color scheme. Flat roofs are permitted only in the design of West Coast contemporary homes with color to match the above.
Satellite Dishes
No satellite dishes will be permitted without the prior consent of the Design Consultant, whose consent shall not be unreasonably withheld if the proposed structure is not visible from any other Lot, from any public road or from any point on the ocean.
Parking & Driveways
On each Lot there shall be enclosed parking for at least two standard passenger size motor vehicles. The exterior finish shall match the exterior of the house. Carports are not permitted. Driveways shall be finished with blacktop, concrete, exposed aggregate or interlocking paving stoves.
Recreational Vehicles or boat parking on the street are not permitted. Boats and Recreational Vehicles shall be parked in a garage or other suitable enclosed space. Tradesmen's vehicles shall be parked in a garage, other than during construction. Large trucks are not permitted on any Lot or on any street adjoining the Lot other than during construction, and for a reasonable time only.
Landscaping & Fencing
The portion of the Lot lying between the Lot line adjoining any street and the building line of the dwelling furthest from the street shall be landscaped within a period of 18 months from approval of plans by the Design Consultant, unless prevented by causes beyond the Owner's control.
Whether the Lot is vacant or occupied, it is the responsibility of the Lot Owner to maintain weeds, brush, hedging, trees and other such growth at a minimal level so as not to interfere with the use, enjoyment and view of occupiers of adjoining properties.
No fencing or hedging shall exceed two meters in height and shall not be constructed of wire, chain link or metal. Retaining walls in excess of 6 feet in height are to be faced with rock, cultured stone or masonry. Rock stack retaining walls shall not be more than two (2) meters in height, without a horizontal step of at least two (2) meters. Rock stack walls require a geotechnical engineer's report for design and approval.
Tree Removal
The Developers have selectively cleared each Lot and prepared driveway entrances. Following approval, by the Design Consultant, a Lot Owner may cut, top, limb or remove trees from the Lot for the purpose of site clearing, view enhancement and safety. Owners are encouraged to retain mature, healthy trees wherever feasible, to preserve the natural beauty of the area. Clear-cutting of a Lot is not permitted.
From time to time, as is reasonably required, trees must be limbed or topped in order to maintain and protect the view of neighbouring properties, at which time the Lot Owner requesting the limbing or topping shall pay for the works and cleanup, with the approval of the Lot Owner where the trees are located. Such approval must not be unreasonably withheld.
Shoreline Access
Access to the shoreline must be by low visual-impact pedestrian stair or cable car means only. Clearing is restricted to the width of conveyance. Blasting is not allowed.
Storage
Building materials, crates, packing cases, contractor's sheds, equipment debris, unlicensed vehicles, including boats and recreational vehicles or any other unsightly object shall not be placed on any street, Lots or adjoining property. Construction material required is allowed for a reasonable length of time while work is actually in progress and on each owner's Lot only. Excavation on any Lot will only be for an approved structure or landscaping. Propane tanks are to be screened and concealed from view in a manner that is approved by the Design Consultant.
Completion of Structure
The exterior of structures must be complete, including finished painting or staining, within 12 months from the date of approval of plans by the Design Consultant unless prevented by causes beyond the Owner's control and agreed to by the Design Consultant. The entire structure, including landscaping as required and driveway must be completed with 18 months of approval of plans by the Design Consultant.
Signage
No signs, billboards, notices of advertising of any kind shall be placed on any Lots, buildings, fences or other structure, with the exception of signs indicating the Lot or Lot owner's name and a conventional sized sign indicating that the Lot is for sale.
Sanitary Pumps
For the benefit of each homeowner, the Developer will determine and recommend each Owner purchase and install a common brand of sanitary pump chamber and pump. This will simplify future maintenance with all homes on the same system.
Liability of Developer
Nothing in this Building Scheme nor the granting of any approval shall be construed as imposing any liability on the Design Consultant or the Developer for damages resulting from structural defects in any structure erected on any Lot with the Design Consultant's approval, nor any responsibility in connection with the site on the Lot selected for any structure or for the determination of Lot boundaries.
Other Liabilities
The restrictions herein shall not be deemed to be exclusive either of the requirements of the by-laws of the Sunshine Coast Regional District or of the obligations and liabilities imposed by statute, regulation and common law on Owners or occupiers of land, all of which shall be duly observed and complied. These restrictions include but are not limited to height restrictions and setback requirements.
Severability
If any provision herein is determined to be voided or unenforceable in whole or in part, it shall not be deemed to affect or impair the enforceability or validity of any other provision or any part thereof.
The Design Consultant shall be appointed by the registered owner of the lots (the "Developer"). In the event the Developer wishes to appoint a new Design Consultant, the Developer has the right to do so.
To ensure the Design Guidelines are adhered to, a $10,000 compliance deposit (the "Compliance Deposit") is to be paid to the Developer on completion of the purchase of the lot by the Lot Owner. The Developer will hold the Compliance deposit to ensure the Lot Owner complies with the Design Guidelines. This Compliance Deposit will be returned to the Lot Owner, without interest, after the Sunshine Coast Regional District and the Design Consultant issue a final occupancy inspection is satisfied that the dwelling conforms to these Design Guidelines and landscaping has been completed.. If the Lot Owner does not comply with the Statutory Building Scheme and the Design Guidelines, the Compliance Deposit will be automatically forfeited to the Developer, without prejudice to any other rights or remedies of the Lot Owner.
Plan Approval
Before purchasing a Lot or house plans, it is strongly recommended that Lot Owners and their Builders first read these Design Guidelines in their entirety. To ensure that the proposed home is compatible with the Design Guidelines and with nearby homes, Lot Owners and/or their Builders must provide the Design Consultant with preliminary building plans and specifications showing elevations, siting, exterior color scheme and details of exterior materials, existing trees, driveway cut-ins, electrical boxes and other significant site influences. Site-specific height and location restrictions may apply at the discretion of the Design Consultant in the interest of maintaining the view for other Lot Owners.
The Lot Owners and/or their Builders must also provide the Design Consultant with a copy of the geotechnical report prepared by a Geotechnical Engineer identifying the location where the building and any rock stack retaining walls may be safely constructed.
The Design Consultant will issue a letter of approval or disapproval within 10 days of receipt of such plans. The Design Consultant shall have the sole right to give or withhold approval. All site preparation and construction of improvements on the Lots must be in accordance with such Approval and if not, the Developer can require the unapproved preparation or construction to be remedied or removed at the Owners expense.
In all cases where major revisions or refusal of the home is involved, the Lot Owner and/or the Builder will be given an opportunity to meet and discuss the proposed revisions before a formal request for changes or an outright refusal of the home is issued. Once a plan is approved and bears the stamp of approval, the Design Consultant must approve any subsequent changes to the exterior of the home or significant changes to the interior in writing.
House Sizes
No dwelling on any Lot shall occupy an area (exclusive of garage, patios and decks) of less than 1200 square feet (111 square metres) on the main floor for two level homes, or less than 1400 square feet (130 square meters) for rancher or bungalow style homes.
Dwellings Permitted
No dwelling or other building erected on any of the Lots shall be of a construction other than new construction.
Modular dwellings, mobile homes, duplexes, agriculture and bed and breakfast homes are not permitted. No trailer, mobile home or motor homes shall be maintained as a residence on any of the Lots other than during construction, and this only for a period a six months.
Siting & Setbacks
The siting of each dwelling shall take into consideration the lot's natural characteristics, including the slope of the Lot, the location of any existing trees that are designated for preservation, and the location of neighbouring improvements, as determined by the Design Consultant in relation to the over-view or over-shadowing of neighbouring lots and improvements.
It is the Lot Owner and their Builder's responsibility to identify the location of easements, right-of-ways, restrictive covenants, drainage swales, hydro boxes, streetlights, and services and to comply with the setback requirements established by the Sunshine Coast Regional District and the recommendations of the Design Consultant. To ensure consistency and continuity of the streetscape, to ensure view preservation, and to maximize privacy, the Design Consultant and the Owner and their Builder will endeavour to ensure that specific setbacks are suitable for specific lots, and if needed will increase setback requirements on individual lots to amounts which may be more stringent than minimum setbacks of the zoning by-law.
Accessory Buildings
Only one accessory building is allowed on each Lot. The Design Consultant must approve all such buildings and their location. Accessory buildings must compliment the house style and be finished to match the main dwelling.
No portable sheds are allowed. No building of any kind is permitted outside the buildable area of the Lot in accordance with the Section 219 Covenant in favour of Her Majesty the Queen in Right of the Province of British Columbia as represented by the Ministry of Transportation (the "Geotechnical Covenant").
Roofs & Exterior Finishes
Roof slopes must be a minimum of 4:12. All roofs must be finished with cedar shakes or shingles or masonry tiles, except where the design or method of construction will not permit their use, in which event the Design Consultant may permit the use of a substitute roofing material.
Asphalt Shingles, strictly limited to those with a 40 year guarantee, are permitted in one of three colour choices: Weathered Wood, Slate Grey and Wood tone, similar to that of a shake roof.
Metal roofs are allowed only within the above color scheme. Flat roofs are permitted only in the design of West Coast contemporary homes with color to match the above.
Satellite Dishes
No satellite dishes will be permitted without the prior consent of the Design Consultant, whose consent shall not be unreasonably withheld if the proposed structure is not visible from any other Lot, from any public road or from any point on the ocean.
Parking & Driveways
On each Lot there shall be enclosed parking for at least two standard passenger size motor vehicles. The exterior finish shall match the exterior of the house. Carports are not permitted. Driveways shall be finished with blacktop, concrete, exposed aggregate or interlocking paving stoves.
Recreational Vehicles or boat parking on the street are not permitted. Boats and Recreational Vehicles shall be parked in a garage or other suitable enclosed space. Tradesmen's vehicles shall be parked in a garage, other than during construction. Large trucks are not permitted on any Lot or on any street adjoining the Lot other than during construction, and for a reasonable time only.
Landscaping & Fencing
The portion of the Lot lying between the Lot line adjoining any street and the building line of the dwelling furthest from the street shall be landscaped within a period of 18 months from approval of plans by the Design Consultant, unless prevented by causes beyond the Owner's control.
Whether the Lot is vacant or occupied, it is the responsibility of the Lot Owner to maintain weeds, brush, hedging, trees and other such growth at a minimal level so as not to interfere with the use, enjoyment and view of occupiers of adjoining properties.
No fencing or hedging shall exceed two meters in height and shall not be constructed of wire, chain link or metal. Retaining walls in excess of 6 feet in height are to be faced with rock, cultured stone or masonry. Rock stack retaining walls shall not be more than two (2) meters in height, without a horizontal step of at least two (2) meters. Rock stack walls require a geotechnical engineer's report for design and approval.
Tree Removal
The Developers have selectively cleared each Lot and prepared driveway entrances. Following approval, by the Design Consultant, a Lot Owner may cut, top, limb or remove trees from the Lot for the purpose of site clearing, view enhancement and safety. Owners are encouraged to retain mature, healthy trees wherever feasible, to preserve the natural beauty of the area. Clear-cutting of a Lot is not permitted.
From time to time, as is reasonably required, trees must be limbed or topped in order to maintain and protect the view of neighbouring properties, at which time the Lot Owner requesting the limbing or topping shall pay for the works and cleanup, with the approval of the Lot Owner where the trees are located. Such approval must not be unreasonably withheld.
Shoreline Access
Access to the shoreline must be by low visual-impact pedestrian stair or cable car means only. Clearing is restricted to the width of conveyance. Blasting is not allowed.
Storage
Building materials, crates, packing cases, contractor's sheds, equipment debris, unlicensed vehicles, including boats and recreational vehicles or any other unsightly object shall not be placed on any street, Lots or adjoining property. Construction material required is allowed for a reasonable length of time while work is actually in progress and on each owner's Lot only. Excavation on any Lot will only be for an approved structure or landscaping. Propane tanks are to be screened and concealed from view in a manner that is approved by the Design Consultant.
Completion of Structure
The exterior of structures must be complete, including finished painting or staining, within 12 months from the date of approval of plans by the Design Consultant unless prevented by causes beyond the Owner's control and agreed to by the Design Consultant. The entire structure, including landscaping as required and driveway must be completed with 18 months of approval of plans by the Design Consultant.
Signage
No signs, billboards, notices of advertising of any kind shall be placed on any Lots, buildings, fences or other structure, with the exception of signs indicating the Lot or Lot owner's name and a conventional sized sign indicating that the Lot is for sale.
Sanitary Pumps
For the benefit of each homeowner, the Developer will determine and recommend each Owner purchase and install a common brand of sanitary pump chamber and pump. This will simplify future maintenance with all homes on the same system.
Liability of Developer
Nothing in this Building Scheme nor the granting of any approval shall be construed as imposing any liability on the Design Consultant or the Developer for damages resulting from structural defects in any structure erected on any Lot with the Design Consultant's approval, nor any responsibility in connection with the site on the Lot selected for any structure or for the determination of Lot boundaries.
Other Liabilities
The restrictions herein shall not be deemed to be exclusive either of the requirements of the by-laws of the Sunshine Coast Regional District or of the obligations and liabilities imposed by statute, regulation and common law on Owners or occupiers of land, all of which shall be duly observed and complied. These restrictions include but are not limited to height restrictions and setback requirements.
Severability
If any provision herein is determined to be voided or unenforceable in whole or in part, it shall not be deemed to affect or impair the enforceability or validity of any other provision or any part thereof.