DEFINITIONS

Unless the context otherwise specifies or requires, the following words or phrases when used in the Residential Design Standards shall have the following specific meanings. Terms used herein that are defined in the Declaration shall have the meanings specified therein.

ARC - “ARC” means the Chaparral Pines Architectural Review Committee. This is a committee appointed by the Board of Directors and comprised of architects, engineers, builders, owners, members and non-owner members, as seen fit by the Board of Directors. This committee is appointed by the Board to review plans and specifications and have jurisdiction over all construction and landscaping on any Unit, to be the conclusive interpreter of the Residential Design Standards, and may create additional standards and review procedures as it deems appropriate.

ASSOCIATION - "Association" means the Chaparral Pines Community Association.

BOARD - "Board" means the Chaparral Pines Community Association Board of Directors.

BUILDER - "Builder" means a person or entity engaged by an Owner for the purpose of constructing any Work within Chaparral Pines. The Builder and Owner may be the same person or entity.

BUILDING ENVELOPE - "Building Envelope" means that portion of a Unit, as described in Section 5.0, which encompasses the maximum allowable construction area of the Unit.

CONSULTANT - "Consultant" means any professional such as; an Arizona licensed architect, contractor, builder, or civil engineer that serves in a capacity of advising the Reviewer on the technical aspects of each submittal.

DECLARATION - "Declaration" means the Declaration of Covenants, Conditions, and Restrictions for Chaparral Pines, as the same may be amended from time to time.

DESIGN STANDARDS aka RESIDENTIAL DESIGN STANDARDS - "Design Standards" or “Residential Design Standards” means the restrictions, review procedures, and construction regulations as initially adopted and enforced by the Chaparral Pines Architectural Review Committee, as set forth herein, and as amended from time to time per Article of the Chaparral Pines Community Association CC&R’s.

EXCAVATION - "Excavation" means any disturbance of the surface of the land (except to the extent reasonably

necessary for planting of approved vegetation), including any trenching which results in the removal of earth, rock, or other substance from a depth of more than 12 inches below the natural surface of the land or any grading of the surface.

FILL - "Fill" means any addition of earth, rock, or other materials to the surface of the land, which increased the natural elevation of such surface.

GOVERNING AUTHORITY - "Governing Authority" refers to the Chaparral Pines Architectural Review Committee, the Town of Payson, the State of Arizona and/or other applicable authorities. 

LIVABLE RESIDENTIAL SQUARE FOOTAGE— ”Livable Residential Square Footage” means finished and conditioned living space.

LOT - ”Lot” means a single-family residential legally subdivided (platted) lot within Chaparral Pines, whether improved or unimproved, and which is intended for development, use and occupancy as a Residence for a single family.

LRV - “LRV” means light reflectance value (LRV), which is a measure of visible and usable light that is reflected from a surface when illuminated by a light source. LRV found on the back of most color swatches and in the index of all major brands' fan decks. 

MASSING - “Massing” means the horizontal and vertical arrangement of three-dimensional building forms (discrete blocks) that compose the overall visual appearance of a residence.

NATIVE PLANTS - "Native Plants" means all the indigenous species of plants native to the Rocky Mountain Forest whether ground cover, shrub, or tree.

NATURAL AREA - "Natural Area" means that portion of the natural forest lying within a Unit but outside of the Building Envelope that must remain undisturbed, subject to Firewise constraints as stated in Section 8.02.

OPEN SPACE - "Open Space" means all land, improvements, and other properties now or hereafter designated as such on the Plat, or the Declaration or the Association Rules.

OWNER - "Owner" means the owner of a vacant lot or existing residence. For the purposes herein, the Owner may act through an Owner's agent or representative, provided that such agent or representative is so authorized in writing.

PLAT - "Plat" means the official Plat of Chaparral Pines Community Association as recorded in the Gila County Book of Records.

PRIVATE AMENITY - ”Private Amenity” means the golf course, driving range, putting green, Trailhead facilities, and Clubhouse.

PROPERTIES - "Properties" means all the real Properties located in Chaparral Pines together with additional property as is subject to the Declaration in accordance with Article XI of the Declaration.

RESIDENCE - "Residence" means the building or buildings, including any garage, used for residential purposes constructed on a Unit, and any improvements constructed in connection therewith. Unless otherwise defined, "Residence" shall mean single-family residence.

REVIEWER - "Reviewer" means the Chaparral Pines Architectural Review Committee established pursuant to the Declaration or any Association employee designated by the Architectural Review Committee.

STRUCTURE - "Structure' means anything constructed or erected on a Unit, the use of which requires location on the ground or attachment to something having location on the ground.

VISIBLE FROM NEIGHBORING PROPERTY - "Visible from neighboring property" means that an object or activity on a Unit which is or would be in any line of sight originating from any point six feet above any other property, including other Units, a Private Amenity, and Common Areas assuming that such other property or Unit has an elevation equal to the highest elevation of the ground surface of that portion of the Unit upon which such object or activity is located.

WORK - "Work" means any placement or installation of a structure or any improvements, including clearing, excavation, grading or other site work, exterior alteration or removal of landscaping materials.

WORKING DRAWINGS - “Working Drawings” are considered, for this document, the full set of plans that would be submitted to the Town of Payson for review and building permit.

DESIGN PHILOSOPHY

One thousand years ago, the occupants of the Chaparral Pines site created shelter from the native materials of the forest such as stone, wood and earth-forms.

Today, the philosophy is much the same, as we yearn to return to the land. Chaparral Pines incorporates an architecture that will appear to have grown from the native materials of the site, all in concert with technology, and create a building environment sensitively designed to integrate with the natural beauty of the property.

With the forest as the predominant feature, buildings must be secondary, thus the design approach is one of restraint to blend and harmonize, rather than be the feature attraction to the eye and spirit.

The palette of exterior materials and colors will adhere to this philosophy. To achieve this goal, architectural styles, ornament and appurtenances as defined in Section 7.00 should be introduced into the unique woodland architecture of Chaparral Pines.

Designs must not dominate the natural environs, or each other. We cannot improve on nature. Let us not detract from its beauty but reside in quiet harmony with the forest. This precept of an architecture that creates continuity in the forest and will be the primary goal of the Design Review process.

As the design begins for your home, retain this concept and the reminder..."don't fight the site". The following illustration depicts the forest character of residential exteriors and the use of native materials in a variety of designs.

1.00 PROPERTY DESCRIPTION

Chaparral Pines is a gated golf course community that encompasses 1,151 acres, which includes an activity center, clubhouse, lakes, hiking trails, and a world class golf course. Chaparral Pines offers an idyllic mountain environment with rich contrasts in topography and an abundance of wildlife and vegetation, all located within the world’s largest continuous Ponderosa Pine forest. The vision for Chaparral Pines is to create an upscale, rural lifestyle community that will complement the natural beauty of the Arizona high country.

2.00 INTRODUCTION TO THE RESIDENTIAL DESIGN STANDARDS

The architectural standards set forth in the Residential Design Standards have been established to protect and preserve the special environment of Chaparral Pines.

Any capitalized terms used in the Residential Design Standards that are not defined in Definitions shall have the same meaning as described in the CC&Rs.

3.00 AUTHORITY

Architectural control and design review for Chaparral Pines Community Association is handled by the Architectural Review Committee (the “ARC”). The ARC, appointed by Chaparral Pines Community Association’s Board of Directors, and consisting of a Board member as Chair of the ARC, shall have jurisdiction over all matters relating to architecture and landscaping on any Lot, as set forth in Article IX of the Declaration. The ARC shall review plans and specifications for all construction and landscaping on any Lot, shall be the conclusive interpreter of the Residential Design Standards, shall monitor the effectiveness of the Residential Design Standards, and may promulgate additional design standards and review procedures consistent with the Residential Design Standards. The ARC has the authority to approve or deny projects based on their interpretation of these standards. While there will be risk that the process may be perceived as arbitrary, the Committee also has the authority to approve deviations to standards created by unique site characteristics and innovative design solutions. Ultimately, the effectiveness of the design review process will be determined, not by the standards themselves, but how the ARC implements the standards. This is why it is important for owners to meet with the ARC early in the design process.

The ARC specifically reserves the right to make determinations as to whether a particular site or submission meets the objectives of the Residential Design Standards.

4.00 DESIGN REVIEW

The design review process was developed to provide checkpoints along the way so time is not wasted on plans and designs that do not adhere to the Residential Design Standards or the overall principles of Chaparral Pines. The ARC may provide comments during the review phases, but is NOT required to do so. 

4.01 OWNER'S RESPONSIBILITIES

Each Owner is responsible for being familiar with and complying with the Design Standards and all provisions of the Chaparral Pines CC&R’s, By-Laws, and the rules and regulations of any applicable Governing Authority.

It is strongly recommended that the Owner retain the services of competent professionals in the planning, design, construction and landscaping of the Residence. This includes architects, designers, landscape architects, engineers, builders, and other contractors who understand the philosophy, intent, and requirements of the Design Standards.

These professionals must demonstrate their ability to produce an attractive, cost effective, functional Residence that fits harmoniously into the Chaparral Pines environment. A competent professional can conduct a thorough analysis of a particular Unit, understand the Owner's special needs and living patterns, and convey to the ARC, through drawings and the required interactive computer generated 3-D model, the concept and design of a proposed Residence or other Improvement.

The Owner is responsible for the conduct of, and payment of, any unpaid fines imposed by the Association on any of the Owner's agents, representatives, and contractors, including the Owner's Builder and the Builder's subcontractors while they are in Chaparral Pines during the time under construction and until the Owner's Residence has completed construction and landscaping is complete. If the Owner's Builder fails to meet any Residential Design Standards obligations and the Construction and Landscape Deposit is insufficient to remedy the Builder's default, the Owner shall be personally responsible for paying the monetary penalties imposed, which amounts will be charged to the Owner’s account until paid in full.

The recorded Final Plat for Chaparral Pines requires that Owners retain a licensed surveyor to set markers at all corners of the Building Envelopes and property corners prior to submitting Preliminary Design Submittals to the ARC. A Location Certificate must also be provided by the licensed surveyor once the footings for the home are done and a Certificate of Elevation must be provided by the licensed surveyor upon completion of the finished floor. A benchmark  must also be set on the property, in a location that cannot be moved or changed easily and must remain for the duration of the project.

4.02 THE DESIGN REVIEW PROCESS

The Design Review process has been developed to provide adequate checkpoints to minimize time spent on concepts that do not adhere to the Residential Design Standards. It is strongly recommended that the Owner retain competent professional services for planning and designing their Residence. If an Owner elects to do his or her own design or retains the services of unqualified individuals and the Preliminary Submittal is not approved by the ARC, the ARC has the right thereafter to require the Owner to use licensed professionals for design services.

The purpose of the ARC is to facilitate the design and construction of high quality homes that meet or exceed the design standards of the Chaparral Pines Community while fostering the unique expression of a home desired by each resident. To accomplish the task the ARC will use a series of design reviews:

• Pre-Design Reviews: Informal meetings between owners, designers, builders and the ARC to answer initial questions regarding project feasibility, building placement, standards interpretations or exceptions based on project specifics, building envelope adjustments, drainage concerns, etc., as defined in Section 4.08.

• Preliminary Design Submittal: A formal submission by the Owner (or Owner’s representative), as defined in Section 4.09, reviewed by the ARC and adjoining property owners.

• Final Design Submittal: A formal submission as defined in section 4.10, by the Owner (or Owner’s representative) reviewed by the ARC.

In order to bring the design review process to a prompt and satisfactory conclusion, each Owner is responsible for complying with the Residential Design Standards, all applicable provisions of the CC&Rs, as well as, all the rules and regulations of any Governing Authority.

4.03 REVIEW CRITERIA

The following criteria apply to all proposed or existing construction within Chaparral Pines unless a written variance has been granted by the ARC.

While the Residential Design Standards are intended to provide a framework for construction and modifications, the Residential Design Standards are not all-inclusive. In its review process, the ARC may consider the quality of workmanship and design, harmony of external design with existing structures, location in relation to surrounding structures, topography, drainage and finish floor elevation, among other things. ARC decisions may be based on purely aesthetic considerations. However, the ARC shall not grant approval for proposed construction that is inconsistent with the Residential Design Standards, unless the ARC grants a variance.

Notwithstanding these criteria or any other Design Guideline requirements, the ARC specifically reserves the right to make subjective decisions regarding approval or disapproval of building size, form, color, texture, massing, location, and other aesthetic considerations, provided such decisions are made with the intent of ensuring that proposed Improvements will be in conformance with the goals, objectives, and philosophy of the Residential Design Standards.

The ARC may also modify its prior interpretations of the Residential Design Standards as it gains experience from their application.

4.04 PROCEDURES

The ARC will review Preliminary and Final Submittals of proposed residences during its regular scheduled meetings or at such other times as the ARC deems appropriate. Owners, architects, or builders shall have the right to make a presentation at any of these meetings provided they contact the Association within an adequate time frame to be added to the agenda. The ARC will respond in writing within one week or less after a submittal has been reviewed. Any responses an Owner may wish to make in reference to issues contained in the ARC's response following review of submittals must be addressed to the ARC in writing.

4.05 DRAWING SUBMITTALS

Design Review submittals being submitted must be delivered to the ARC no later than 10 days prior to the next Design Review meeting (a schedule of Design Review meetings is available from the Association office or online at www.chaparralpineshoa.com on the events calendar).

Incomplete submittals will not be accepted for review and will be returned.

4.06 REVIEW FEES

When a Builder or Owner submits plans to the ARC for approval, the submission shall include a "Review Fee". The Review Fee is subject to change from time to time and shall be payable upon application to the Chaparral Pines Community Association Inc., as follows: 

1. New Residence Construction the original construction of a new residence.

2. Major Alteration or Addition – a structural or site modification significant enough to warrant the issuance of a Building Permit by a governmental authority. Application for Review of Modifications to Existing Residence must be submitted to the ARC.

3. Minor Architectural Modification or Addition – any architectural changes that require architectural review and approval as set forth in the CC&Rs or the Residential Design Standards, but a governmental building permit is not required. For example, installing landscaping which deviates from the approved existing Landscaping Plan or installing a dog run. Application for Review of Modifications of Existing Residence must be submitted.

4. Submission of Changes to Approved Plans – changes submitted prior to construction/installation, during construction, will be free of charge.

5. Submission of Unapproved Changes to Approved Plans – Changes made to the approved plans without prior approval of the ARC and not submitted until noticed and notified by the ARC will often be accompanied by a substantial fine per the Chaparral Pines Enforcement Policy.

See Exhibit A “Review Fees, Fines & Deposits Schedule” for list of current fees.

4.07 PHASE I - MANDATORY SITE VISIT

To initiate the Design Review process, and prior to preparing any detailed designs or drawings for any proposed improvement, the Owner, and/or the Owner's Builder, architect or designer, must meet with at least one member of the ARC at an on-site meeting to review the Unit, discuss the proposed Residence, and to explore and resolve any questions regarding building requirements, interpretation of the Residential Design Standards, or the Design Review Process. This information and informal review will provide direction and guidance for proceeding with the Design Review Process in the most efficient and cost-effective manner. 

4.08 PHASE II - PRE-DESIGN REVIEW

This part of the review process allows for an informal meeting to take place between the Owner(s), designer, builder and ARC to review plans and answer initial questions regarding the Standards and the build. For these reviews, the Owner(s) or representative must provide the ARC with at least: 

• Site Plan with existing contours

• Existing Building Envelope and driveway easement

• Proposed Residence footprint and driveway location

  Applicants are encouraged to communicate frequently with the ARC so potential conflicts can be identified and resolved early in the design and review process.

  4.09 PHASE III - PRELIMINARY SUBMITTAL

Plans for new construction or modifications upon any Unit must be submitted to the ARC for approval. Preliminary drawings, including the appropriate Review Fee and the documents and information listed below, shall be submitted to the ARC.

Preliminary Submittals shall include:

1. A completed APPLICATION FOR PRELIMINARY DESIGN SUBMITTAL, together with full payment of the Design Review Fee (See Exhibit “C”)

2. ON-SITE MONUMENTATION (This information must be physically in place on the building site at the time of the Preliminary Submittal and be shown on the Grading/Site Plan):

a) BUILDING ENVELOPE STAKES at all corners of the existing Building Envelope, and at all corners of any proposed changes to the existing Building Envelope, Section 5.00. (Note #7 of the General Notes of the Recorded Final Plat of Chaparral Pines states: "Lot owners will be required to retain a surveyor Licensed by the State of Arizona to set markers at all property corners prior to submitting building improvement plans to the Chaparral Pines ARC for review and approval."

b) A GRADE STAKE in the ground near the center of the proposed Residence, with the existing ground elevation at that location written clearly on the stake.

c) A CERTIFICATE OF FINISHED FLOOR MUST be submitted AFTER foundation but BEFORE the lumber package is delivered. Any project missing the certificate of finished floor will be shut down until the certification is provided.

d) ALL TREES within the Building Envelope with a trunk 8” or more in diameter must be tagged and labeled as to their disposition, i.e., Save or Cut.

3. A completed PROJECT DATA SHEET on an 8 1/2 " x 11" page. This project data information must also be shown on the Drawing Cover Sheet. Included in the Construction Application.

4. A BUILDING MATERIAL LIST on an 8 1/2 " x 11" page. This building material list must also be shown on the Drawing Cover Sheet. The Building Material List must also be accompanied by a color board (with actual samples of the materials in the requested colors.) Included in the Construction Application.

5. REQUIRED INTERACTIVE 3-D MODEL of the proposed residence is required as part of the preliminary design submittal. The model is to be presented to the ARC by the property owner or their representative at the meeting  scheduled for project preliminary review. Currently this presentation shall be made by projecting the model from the owner’s computer or alternative device to the TV screen provided by means of an HDMI cable or casting method.

Please check with the Association Director to confirm the latest technology in use for presentation of the model. The purpose of a 3D computer model is to allow the ARC to fully understand all exterior form and material aspects of the proposed residence. To this end the following must be clearly illustrated on the model:

a. Site Topography

b. Property boundaries and building envelope

c. Massing – Roofs, building walls, retaining walls, decks, patios, driveways, etc.

d. Fenestration (windows and doors)

e. Materials – show what materials cover each surface of the site and building

f. Maximum allowable building height to be illustrated by showing a copy of the existing ground surface raised 30' vertically above the existing ground surface

6. A Town of Payson 11” x 17” AERIAL TOPOGRAPHY map of lot and 150’ surrounding areas with contour lines.

7. DESIGN DRAWINGS - Include one full set of drawings at ¼” scale and one set of 8 1/2" x 11" drawings. The Design Drawings include:

a) A COVER SHEET showing the name and address of the Unit Owner, the name and address of the Architect/Designer, Project Data Information, the Building Material List, a list of drawings, and other pertinent information. The Cover Sheet shall also include the following LANDSCAPE PLAN NOTE: "The Landscape Plan is not part of this Submittal and shall be submitted to the ARC prior to completion of construction." (See Section 8.00 for Landscape Standards and Section 8.05 for Landscape Plan submittal requirements.)

b) AN ENGINEERED GRADING/SITE PLAN (see Section 5.00) at a scale of 1"=10' or 1"=20', showing:

(i) the location and square-footage of the ORIGINAL AND PROPOSED BUILDING ENVELOPE, with trade-off areas clearly delineated. The square-footage of the proposed Building Envelope cannot be greater than the square-footage of the original Building Envelope. In most cases, there must be at least 20’ between the Building Envelope and the property line. The Driveway Easement is not part of the Building Envelope. Driveways in Phase 1 and 2 must be within the Driveway Easement and/or the building envelope. Any area to be disturbed must be incorporated in the building envelope.

(ii) EXISTING AND PROPOSED 2-FOOT CONTOURS, with spot elevations at the intersection of the driveway and the existing road, along the driveway and any proposed walkways, at each corner of the Residence, at the top and bottom of any proposed walls and along any proposed drainage ways. Any grading done outside of the Building Envelope will have to be approved by the ARC. Existing contour lines must be shown within the building footprint. If the Unit has significant washes or drainage ways, provide the cubic feet-per second (CFS) noted in "The Drainage Design Report for Chaparral Pines" (published June 1998 by ASL Engineers). Show the location, size and invert elevation of any proposed drainage structures.

(iii) The location and elevation of the GRADE STAKE and the PERMANENT FINISHED FLOOR BENCHMARK.

(iv) The location of all significant TOPOGRAPHIC FEATURES within the Building Envelope, such as drainage ways, boulders, and rock outcroppings.

(v) The location, size, type and disposition (Save or Cut) of all TREES within the Building Envelope and  Driveway Easement that have a trunk diameter of 8” or more, measured 4’ 6” above the ground.

(vi) The location of all proposed SITE IMPROVEMENTS, including the exterior walls, decks, patios, and roof ridgelines and roof overhangs of the Residence, future improvements, driveway, walks, address bollard, trash enclosures, mechanical equipment, utility lines, retaining walls, and drainage structures. Indicate the material, color, and finish of the Residence walls and roof, driveway, and walks. Note that the location of the proposed Residence must allow working room between the Residence and the Building Envelope. Indicate the proposed treatment of all drainage ways.

(vii) The location, elevation, and height of all RIDGELINES above existing natural grade.

(viii) The FINISH FLOOR ELEVATION of all floors, garages, guest houses, patios, and decks.

c) FLOOR PLANS of each level, at a scale of 1/4"=1-0', noting the finish floor elevation of each level and the square-footage of each floor, deck, and patio. Provide overall building dimensions.

d) A ROOF PLAN shall include but is not limited to, ridgelines, roof slopes, overhangs, any proposed skylights, solar collectors, and chimneys.

e) A minimum of four (4) BUILDING ELEVATIONS showing all floor levels with a dashed line. Indicate each finish floor elevation, the elevation at the top of all wall plates, and the elevation and height of all ridgelines. Show existing and proposed grade lines, fenestrations (windows, doors, gable vents, etc.), and exterior materials.

f) A minimum of two (2) BUILDING SECTIONS (transverse and longitudinal) through the highest ridge-lines, showing the existing natural slope (drawn with a dashed line) and the maximum building height line (also drawn with a dashed line). See Section 7.02 for maximum building heights. Except for the chimney, no part of the proposed Residence shall extend above the maximum building height, unless a variance is granted by the ARC. Indicate the elevation of all floors and all ridgelines. Show the heights of cut and fill areas of the existing natural grade.

8. An 8 1/2" x 11" BUILDING MATERIALS BOARD, showing all proposed exterior colors and materials. The LRV for all colors presented must be noted with the sample.

a) Roofing material (asphalt shingles can be represented with a manufacturer’s cut sheet; metal roofs must provide sample of actual metal material in the requested color).

b) Exterior material (siding must be presented as an actual sample with the requested color painted/stained)

c) Secondary/Trim material (if different from body of home, present material as an actual sample with requested color painted/stained).

d) Stone (must be presented as a manufacturer’s cut sheet - do not provide actual sample of stone).

e) Driveway (must provide a manufacturer’s cut sheet of the pavers).

9. A completed, signed and dated APPLICATION & CHECKLIST (Exhibits “B” and “C”).

4.10 PHASE IV - FINAL DESIGN SUBMITTAL

After written Preliminary Design Approval is obtained from the ARC, the following Final Design Submittal documents shall be submitted to the ARC for Final Design Approval. Final Design Submittal shall include:

1. One 8 1/2" x 11" set, and two full size sets at ¼” scale of WORKING DRAWINGS, reflecting all revisions made to address the ARC's Preliminary Submittal comments.

a. On the Grading/Site Plan, indicate: i) The location of the CONSTRUCTION FENCE and GATE ii) Areas dedicated for:

• WORKER'S SMOKING AND EATING

• CONSTRUCTION WASTE (DUMPSTER)

• PORTABLE TOILET (tan or green),

• CONCRETE WASH-OUT AND SUMP

• TEMPORARY STORAGE OF MATERIAL - If the temporary material storage area is outside the Building Envelope, include a note stating: "The area disturbed by the temporary storage of material will be re-vegetated by the Builder prior to completion of construction."

• The final location of all UTILITIES (including sewer, water, power, telephone lines, utility meters and transformers (and screening techniques).

• The location of any approved BUILDING ENVELOPE MODIFICATIONS.

2. The EXTERIOR LIGHTING PLAN shall list the QUANTITIES of each light fixture and show the LOCATION of all exterior light fixtures. The plan must include catalogue sheets, pictures, and specifications of all proposed exterior residential lighting (See Section 7.06). Landscape lights must be included on the landscape plan. All exterior lights must be Dark Sky compliant.

3. The Building Plans shall include DECK railing color, materials, and design details.

4. All GARAGE DOOR designs must be submitted for approval. Wood clad, fiberglass or metal doors are acceptable, on a case-by-case basis. The intent is to have garage doors complement surrounding wall materials and not visually dominate the structure. Any change to the approved design must be re-submitted for approval prior to installation.

4.11 REVIEW PERIOD

Each application for review and plan submittal shall be approved or disapproved within 30  calendar days or less of submission of all materials required by the ARC. One set of plans shall be returned to the Owner, accompanied by the ARC's comments and decision. The other set of plans will be retained for the ARC's records. The ARC's decision shall be in one of the following forms:

1. "Approved" - The entire application as submitted is approved.

2. "Approved with the following comments" - The application is not approved as submitted, but approved contingent upon addressing the suggestions/requirements provided by the ARC. The Owner must correct the plan's objectionable features or segments, and the Owner may be required to resubmit the application.

3. "Disapproved" - The entire application as submitted is rejected in total. The ARC may identify the issues that cause the application to fail, but the ARC will not be required to provide solutions to these issues.

No approval, whether expressly granted or deemed granted shall be inconsistent with the Residential Design Standards unless a variance has been granted pursuant to Section 9.5 of the CC&Rs. Construction documents prepared subsequent to final design approval shall accurately reflect all aspects of that approval.

4.12 MULTIPLE UNITS

Approved Builders of multiple Units within the Pine Island, Elk Run and Wildflower Ridge Neighborhoods may submit multiple plans and specifications for similar site plans, floor plans, and layouts on similarly situated Units for preapproval for an entire Neighborhood, in lieu of seeking approval as to each Unit to be built. However, the ARC may require a review of pre-approved plans for their use on specific Units. To be pre-approved the plans and specifications shall show the nature, kind, shape, color, size, materials, location of all proposed structures and improvements, and provide individual grading and drainage plans. Any changes made to pre-approved plans and specifications during the construction of improvements shall require approval of the ARC. Such approved Builders must submit a Grading/Site Plan showing the finish floor elevations and Landscape Plan for each Unit for ARC approval.

5.00 BUILDING ENVELOPES

To ensure the preservation of the natural forest for the enjoyment of all residents, Building Envelopes have been established for all Units in Chaparral Pines (except Pine Island, Elk Run and Wildflower Ridge) by recorded Plat approved by the Town of Payson. Copies of the plats are available for review from the engineer of record.

The Building Envelope defines the maximum allowable construction area. The Driveway Easement is not part of the Building Envelope, but the driveway must be within the Driveway Easement and inside the Building Envelope on lots within Phase 1 and 2.

Any proposed modifications to the Building Envelope must be submitted to the ARC for approval. Minor adjustments to the Building Envelope line may be approved by the ARC if the Residence to be constructed within the revised Building Envelope does not have an adverse impact upon the natural features of the Unit or the views from neighboring Units. Revised portions must be done in contiguous block form and not fragmented units. The square footage of the proposed Building Envelope must be equal to the square footage of the original Building Envelope. Building Envelope adjustment requests for any properties in Phase 3 (Lots 801-888) can only be approved by the ARC on a preliminary review basis and must be approved by the Town of Payson Town Council prior to final plan review by the ARC.

Within the Building Envelope, residences should be located where drainage, soil, and geological conditions will provide a safe foundation. The Residence should be designed and located so it does not completely fill the Building Envelope. Room must be allowed between the Residence and the Building Envelope line to provide working space for all  construction activities. The ARC’s goal is to always keep at least 40’ between residences by keeping structures at least 20’ from property lines.

Early consideration should be given to any future expansions or building needs, such as guesthouses, dog runs, pools, greenhouses, etc. These Improvements shall occur within the Building Envelope.

Roof overhangs are allowed outside of the Building Envelope. Any flatwork, including driveways and hammerhead turnaround areas, must be within the Building Envelope (this includes but not exclusive to courtyards, patios, and other flat outdoor areas). Retaining walls will be reviewed on a case-by-case basis, but all retaining walls shall not be closer than 15’ to the property line.

All areas outside of the Building Envelope that are disturbed during the construction process must be re-vegetated with native plants and restored to the original condition by the Builder or owner prior to release of the Owner’s building and landscaping deposit.

Any secondary construction access requires prior approval from the ARC. All accesses must be fenced and have operable gates. Any secondary access must be restored to original landscaped (native) condition.

Two or more lots may be combined, for the purpose of constructing a single Dwelling Unit thereon. The Lots will be treated as two or more single Lots and the owner will be responsible for the Assessments and memberships as if the lots were not combined. See CC&R’s section 1.36 “Unit” for more information.

SITE PLANNING

Each Unit within Chaparral Pines is unique in terms of design opportunities and constraints. In order to take full advantage of these unique attributes, each Residence will require site-specific design and construction solutions.

Any proposed Residence or Improvement that, in the sole opinion of the ARC, overwhelms the Building Envelope or is inconsistent with the philosophy of Chaparral Pines will not be approved. The ARC will not approve any Residence if the floor levels do not closely conform to the existing natural slope and other unique characteristics of the Unit.

The Owner and the Owner's architect/designer should understand that in reviewing any proposed Residence, the ARC will consider the potential impact of the proposed Residence or Improvement on the views and privacy of neighboring Units and should therefore locate and design the proposed Residence accordingly.

Undisturbed forest is the unifying theme at Chaparral Pines. This theme can be maintained only if existing natural conditions are not significantly altered to accommodate a design of a Residence or other Improvement. Residences should be sited so that important views are protected, natural drainage is not altered, and the overall philosophy of harmoniously integrating the Residences into the natural forest is achieved. The site should be altered as little as possible from its original native condition, protecting large trees, boulder outcroppings, existing watershed, and drainage ways.

6.01 CULVERTS, GRADING AND SITE PLAN

It is required that Owners hire a licensed engineer to prepare a Grading/Site Plan which addresses all grading, hydrological and drainage issues.

The plan shall establish the existing natural grade in sufficient detail as may be required by the ARC to fully evaluate the potential impact of the proposed Work on existing trees, and the extent of any proposed cuts and fills, retaining walls, or extended foundations. The Grading Plan shall include all of the information listed in Section 4.09 (b).

All site drainage and grading must be done with the goal of minimum disruption to the Unit and adjoining Units. Surface drainage shall not drain to adjoining Units, HOA common area or golf course property except as established by natural drainage patterns, nor cause a condition that could lead to unnatural off-site soil erosion. Excessive cut and fill is discouraged. Any erosion/drainage issues created on an individual Owner’s Unit, as a result of the construction of their home or landscaping will be the responsibility of the Owner to repair.

Prior to completion of construction, all disturbed areas must be re-contoured and re-vegetated with approved plant materials in accordance with a Landscape Plan approved by the ARC. See Section 8 for Firewise and Landscape Standards.

Structures, roads, driveways and all other improvements should be designed with the objective of fitting the existing contours of the site as nearly as possible, with minimal Excavation and Fill.

Drainage culverts may be required on all units where the driveway intersects the streets. The minimum size for a drainage culvert is 18” (unless otherwise designated by a civil engineer). All culverts, drainage pipes and structures shall be concealed and have stone or native boulder headwall coverings to promote a natural setting.

The Grading/Site Plan shall ensure that when a driveway intersects a street, the existing road drainage system is maintained. Damage caused by altering the natural flow of water across one Unit and onto other Units, Common Areas, or the Golf Course, is the responsibility of the Owner of the Unit that caused the unnatural drainage flow.

Natural drainage ways occur frequently throughout Chaparral Pines and shall not be obstructed. Improvements should be sited to avoid these washes, although they can be sited at the edge of the wash. Livable areas, decks, and other improvements designed and constructed to bridge washes without obstructing 100-year storm flows are encouraged.

6.02 DRIVEWAYS

Driveways must have a minimum width of 16 lineal feet of hard surface at the street entrance with at least 2’ of hard packed surface on each side of the hard surface (or additional hard surface). This is a current Town of Payson Fire Department requirement. These minimum widths must be maintained the entire length of the driveway. Shorter driveways may be more narrow, but architects and/or design professionals should check with the Town of Payson for current requirements. An additional driveway entrance may be permitted for each Unit if physical site conditions allow.

The additional driveway must be approved by the ARC and constructed of the same material as the primary driveway.

Unless required or previously platted, driveways will not be permitted from collector streets unless approved by the ARC.

Driveways shall be constructed of an approved hard surface material. Appropriately colored interlocking concrete pavers, embossed concrete, exposed aggregate and flagstone, are all accepted driveway materials. Feature strips of separate materials and special aggregates in exposed aggregate concrete will be reviewed on a case-by-case basis.

Driveways of loose granite or other similar loose materials are not permitted. Asphalt and plain (uncolored) concrete or gray colored concrete driveways are not permitted.

Drainage structures beneath driveways must be concealed by using approved plant material, rock, or stone. Driveway entry features, including but not limited to freestanding walls, posts, signs, planters, gates, beams, arches, or other similar features are not permitted. To provide a professional appearance, the roadway at the intersection of the driveway shall be saw-cut to provide for a smooth transition with the driveway.

6.03 SPORT/RECREATIONAL SURFACES

Although the majority of lots will not accommodate sports/recreation courts or play/sports areas due to the size of the Building Envelope. Requests to construct such a surface or area may be considered on a case-by-case basis by the ARC. All playing surfaces and recreational areas and equipment must be located entirely within the Building Envelope and shall be screened from neighboring Units, streets, Private Amenity or Open Space. Installation materials and colors of all such surfaces and/or equipment require ARC approval. Any connecting walkways should be visually integrated with the Residence and surrounding topography and landscape.

Tree houses/play houses/swing sets are prohibited.

6.04 FOUNDATION/RETAINING WALLS

When retaining walls are required, they shall be constructed of materials consistent with the materials and colors of the Residence and other Lot improvements. The use of native/natural stone is encouraged. When appropriate, retaining walls shall be designed as an architectural extension of the Residence.

STONE VENEER OR STUCCO 

Maximum total vertical exposure of a landscape retaining wall is 6’. Retaining walls as an extension of the residence shall not be over 10’ in height. The use of plantings to soften the visual impact of the retaining wall is encouraged. All retaining walls must be located no closer than 15’ to property lines.

All retaining walls shall be constructed of materials such as: block walls (clad with stone or stucco), dry-stack boulder retaining walls, or dry-stacked rubble to create a natural level change. Retaining walls which are not visible from neighboring Lots, streets, the Golf Course or Common Area may be constructed of other materials with prior written approval of the ARC. It is strongly recommended that the Owner and/or Builder retain the services of a licensed engineer to design all retaining walls.

See Section 7.07 for stem walls and Section 7.21 regarding areas beneath patios, porches, and balconies.

7.00 ARCHITECTURAL DESIGN

The siting and design of the Residence shall conform to the existing topography and natural vegetation of the Unit. Each side of the home should be designed with equal importance, however corner lots, lots backing to the golf course, and any home considered a “premier view” home must pay particular attention to the elevations visible from the road, private amenities, common areas, neighboring units, and off-site locations (if this pertains to the property). 

Residences located on steeply sloping sites must be designed with split or multi floor levels to minimize cut and fill and closely conform to the existing natural slope. For some Units, an elevator may be an appropriate solution.

To avoid steeply sloping driveways, garages may need to be located above or below the main living level. A more horizontal design approach, using gentle terracing of the Residence, will be more appropriate on Units with minor slopes.

Traditional architectural themes are encouraged. Styles that reflect the informal, rural-mountain setting of Chaparral Pines are welcome. Natural materials and colors that blend with the surrounding forest are required.

Examples of architectural styles consistent with the general goals are Craftsman and Bungalow styles, Traditional Informal European Cottages and Country Homes, Traditional Informal American Cottages and Country Homes, and Mountain Lodge and Log Homes.

7.01 RESIDENCE SIZE

Except for Residences located on Units identified below, the minimum square footage of conditioned livable (as defined by the Town of Payson) space of any Residence permitted on a Unit shall be at least 2,200 square feet exclusive of garages, crawlspaces, unfinished basements, patios, breezeways, and other unheated areas.

Coyote Mint: Units 50, 51, 52, 53, 56, and 57 (Coyote Mint and Scenic Drive) are restricted to a maximum of 3,000 square feet of conditioned livable space.

Pine Island: The minimum square footage of conditioned livable space of any Residence located within Pine Island shall be 1,450 sq. ft.

Elk Run: The minimum square footage of conditioned livable space of any Residence in Elk Run shall be 1,250 sq. ft.

Wildflower Ridge: The minimum square footage of conditioned livable space of any Residence in Wildflower Ridge shall be 1,500 sq. ft.

Phase III: The minimum square footage of conditioned livable space of any Residence located on Units 801 through 888 (Phase III) shall be at least 2,500 sq. ft.

7.02 BUILDING HEIGHTS

Except for Residences located on difficult steeper lots, the maximum height of any Residence shall not exceed 30’ measured vertically from existing grade plane.

Steep lots, considered to be steep due to a slope of 15% or more across the footprint of the proposed structure, shall not exceed 18’ above the highest existing grade, as measured off the highest point of the building envelope. The ARC may allow height variations on steep lots on a case-by-case basis, but this shall not be construed as a blanket variance for all sloping lots in general.

Chimneys may extend 3’ above the finished ridgeline. See Section 7.11 for more information on chimneys.

Notwithstanding the maximum building heights set forth above, the ARC may disapprove a proposed Residence or other Improvement if, in the ARC's sole opinion, the Residence or Improvement appears excessively prominent because of its height when viewed from any street, a Private Amenity, Common Area, or another Unit.

7.03 BUILDING MASSING

Massing is the horizontal and vertical arrangement of three-dimensional building forms (discrete blocks) that compose the overall visual appearance of a residence. Each residence shall be composed of multiple building forms with each distinguished by a vertical or horizontal offset of 2’ minimum and/or a significant change in roof lines that coordinate with the building forms below. At least two distinct building forms must be visible in each  building elevation. For those residences over 3,500 livable square feet, at least three distinct building forms must be visible in each elevation.

Masses may be organized symmetrically, asymmetrically, randomly, or irregularly. The goal for massing is to create forms that appear to emerge from their site rather than being imposed upon their site. The criterion for successful massing shall be good visual balance as judged by the ARC. Alternative strategies of reducing the appearance of large masses are encouraged. Multiple roof forms and planes of the types allowed in Section 7.05 are required. All two-story houses must include some main level roof elements, such as main level and deck/porch roofs. Excessive roof height, especially at residence main entry, is discouraged. 

No building wall shall extend more than 20’ vertically excluding gables) without a significant offset, recess or projection.

No building wall shall extend more than 30’ horizontally without an offset of at least 2’. Offsets and recesses in wall planes create visual interest and depth, casting form enhancing shadows, and are strongly encouraged. Excessive or disproportionate blank wall areas will not be allowed on ANY elevation. The ARC reserves the right to withhold approval for any proposed structure that appears over-simplified, boxy, boring, ill proportioned, tract-house like, or lacking in mass variation and balance.

7.04 PRESERVATION OF SIGNIFICANT VIEWS

Three kinds of views are important at Chaparral Pines:

• Views from any proposed Residence.

• Views of any proposed Residences and significant natural features beyond.

• Views from common areas including the golf course.

All views shall be taken into consideration when designing and locating a proposed Residence on a Unit. The objective is to create as many opportunities for views as possible, within the constraints posed by each Unit and the  objectives of the Residential Design Standards. Neither Chaparral Pines Community Association Inc., Chaparral Pines Architectural Review Committee, nor any seller or realtor can guarantee a view from a given lot or guarantee that existing views shall be preserved.

7.05 ROOFS

Roof pitches and overhangs will vary as dictated by architectural design. Roof slopes shall be no less than a 4:12 pitch with a maximum pitch of 12:12. Flat roofs over small areas may be permitted if approved by the ARC on a case-by-case basis.

The predominate roof form shall be gable or hip and shall be generally consistent throughout the Residence. Proposed Residences with a single, unbroken ridgeline will not be approved. Ridgelines must not exceed 50’ in length before a change occurs in direction or elevation. Roof structures may be articulated by way of gable or shed dormers. Roofs shall not descend closer than 7’ to grade, unless otherwise approved by the ARC. Overhangs are required to be 30” minimum, measured perpendicular from finished wall to outside of fascia (overhangs for Wildflower Ridge will remain at 24” minimum). Roof overhangs and dormers are encouraged to add interest and variety to roof forms. Fascia design is critical to the design of any home. Make sure fascia is proportionate to the design of the home. When used, dormers shall be an integral part of the roof form proportional to the overall scale of the roof. Dormers may be gable, hip or shed forms. 

Shed roofs may be used in support of primary roof forms. Mansard, dome, and other unconventional roof forms are not permitted.

Roof surfacing materials are an important visual element of the overall design. The following roof surfacing materials are permitted: flat concrete tile of an approved color, slate, 50-year metal shingles, weathered copper, or pre-approved premium grade/heavy duty/high profile/dimensional style asphalt shingles. Architectural roofing shingles among the highest quality roofing products made. Traditionally, they are composed of a heavy fiber glass mat base and ceramic-coated mineral granules that are tightly embedded in carefully refined, water-resistant asphalt. Regular (3-tab) asphalt shingles are not approved as they have three regularly spaced asphalt tabs, giving the roofing material a very repetitive pattern. In contrast, dimensional shingles have two layers of shingle material bonded together, giving them a three dimensional appearance. The following shingles, at a minimum, are acceptable: GAF Elk is the Timberline Ultra HD (high definition), GAF Grand Sequoia, Certain Teed is the Landmark Premium, and Owens Corning Duration Premium 50 year. These are the minimum requirements for roofing. Any other asphalt shingles must be submitted and approved prior to being ordered or delivered. Standing seam metal roofs are permitted, provided they have a minimum thickness of 26 gauge with concealed fasteners, have a non-reflective finish, and of a color that is approved by the ARC. Wood shingles or wood shakes are not permitted. It is important that all roof materials be of a color that blends naturally with its setting. All roofing materials and colors are subject to approval by the ARC.

7.06 EXTERIOR LIGHTING/LANDSCAPE LIGHTING

A. Exterior Lights on the Residence: All exterior mounted lighting shall be conservative in design, with a low intensity (maximum 25 watt incandescent or 300 lumens if using CFL or LED), concealed bulb that is shielded to direct the light upward or downward to minimize glare when viewed from neighboring Units, Common Areas, or Private Amenities. If directed upward, the light shall be blocked by a soffit or roof overhang, and not exposed to the night sky.

Carriage lights with clear glass panels are prohibited unless installed with a light shield or semi-opaque panels as approved by the ARC on a case-by-case basis.

Specification sheets showing the type, size and other characteristics of all exterior lighting fixtures located on the house must be included as part of the Preliminary Submittal documents.

B. Landscape/Driveway Lighting: Specification sheets showing the type, size and other characteristics of all landscape lighting fixtures and number of landscape lights to be installed must be presented on the Landscape Plan and approved by the ARC. Lampposts of any type, and/or floodlights are not permitted. "Mushroom" style landscape lights that do not have a visible light source and direct the light downward are permitted.

Driveway lighting should be minimal. Driveway and path lights must comply with all lighting requirements and may be mounted on short poles (1-3’) and staggered on both sides of the driveway so as not to create straight lines and be maintained to remain vertical. Driveway lighting shall not include a base or monument of any mass or shape, other than the mounting stem itself without ARC approval. Monument type structures, with or without lights, shall not be permitted at the end of the driveway.

A limited number of lighting fixtures may be used to up-light trees and/or architectural features as approved by the ARC on a case-by-case basis. See Section 7.17 for lighting an address bollard.

Temporary, exterior Holiday lighting is allowed. Such lighting must be removed within two weeks of the Holiday. A special use permit can be applied for through the Association to request permission for lighting for special events (weddings, parties, etc.)

Motion sensor flood lights and regular flood lights, of any kind, are prohibited from being installed.

7.07 MATERIALS - EXTERIOR SURFACES

Exterior surface materials shall harmonize with the natural landscape. Only timber, logs, horizontal or vertical wood siding (preferably individual boards), approved fiber cement board siding, native and select cultured rock (appropriately colored), and substantial stone shall be used. Wood siding in a "chevron", angled, or herringbone pattern is discouraged. Any artificial rock work shall match native natural rock. All rock and stone patterns are subject to approval by the ARC. Stone size must be appropriate for the size of the surface area.

Stone veneer elements must be integral to the architecture. Stone should wrap the entire mass whenever possible. Stone wainscot shall wrap the entire mass or terminate at inside corners. Stone used on columns and porches shall wrap these elements in their entirety. Stone veneer returns at areas around the front doors or windows should return back to logical termination points related to rooflines or building massing when they are available. Otherwise returns shall be 3’ minimum.

Properly colored and textured stucco, reclaimed wood, and/or weathered metal may be permitted as an exterior accent, not as primary material. All use of these materials must be approved by  the ARC on a case-by-case basis. Textured masonry block (split-face) may be used in moderation when stained or integrally colored.

All columns must be 12” x 12” minimum square (solid not built) or 12” diameter for round columns.

The following exterior facing materials are specifically prohibited: brick, slump block, standard concrete block, vinyl, plastics, Masonite, engineered hard wood, fiberboard, reflective surfaces, and other materials whose appearance, in the sole judgment of the ARC, does not conform with the design philosophy of Chaparral Pines.

Glass when used shall not be mirrored. Glass block is permitted, but must be approved by the ARC on a case-by-case basis.

Unless otherwise approved by the ARC, the following shall be prohibited: ornamental columns, grills, lattice, extensive "shingled" wall surfaces, and "gingerbread" decoration.

Shutters, exterior window shades, and window boxes are subject to ARC's approval.

7.08 GARAGE DOORS

The approval of all garage doors will be given by the ARC on a case-by-case basis. The intent is to have garage doors complement surrounding wall materials and not visually dominate the architecture. A cut sheet of the garage door must be submitted with the color board during the preliminary review phase. (See Section 4.09, Design Drawing 7.4)

Garage doors shall not dominate the residence when viewed from the street, especially in areas visible from Common Area, Private Amenities and Neighboring Units. Design submittals with the garage door(s) as a primary focal point from the street will be rejected.

7.09 EXTERIOR WALL COLORS

Exterior wall colors shall harmonize with the site and surrounding landscape at all times. The Residence color shall be warm, earthy hues - the colors of the forest - whether in the natural patina or weathered color of the wall surface itself, or in the color of the paint, stain, or other coating. In general, darker colors shall prevail. Note: Due to the high UV and low pollution found in Payson, AZ, stain will require more regular maintenance than paint.

The color of exterior materials must be generally subdued to blend with the natural landscape. Lighter and intense colors will not be permitted. The intent is to reflect the rich and varied forest colors, and preserve the appearance of the natural landscape, by using deeper colors that allow homes to blend in. This will preclude the use of colors that appear out of place, and therefore, offensive to the eye.

Major exterior colors (body color, large trim, garage doors, roofs) shall range from 8 to 40 Light Reflectance Value (LRV). Small scale accent colors (windows, small trim, small doors) shall not exceed 50 LRV. Extreme contrast between main body color and trim color must be avoided (including large or small trim). A difference of 10 LRV points between body and trim colors will be the maximum allowed.

In no case will colors approaching the primary range (red, blue, yellow, or white) be permitted, nor will drastic contrasts in value (light to dark) be allowed. The color white is prohibited for use on any exterior material or finish. Light gray stain/paint that approach white or off-white in appearance will not be allowed. The owner and architect are encouraged to drive the property to ascertain colors that will likely be approved. Proposed colors must be demonstrated to the ARC in a sample format that adequately depicts the hue, tone and shade of the proposed color in its final application. The ARC may require the proposed color to be applied to an area of the house, not less than 2' x 2', prior to final approval.

In addition to required color samples, plans and specifications submitted to the ARC must include ALL details of the exterior color scheme, including a list of all exterior surfaces and their colors. The ARC reserves the right to reject color schemes in which extreme contrasts in colors, or too many colors, create a “busy” or “cluttered” look.

Interior window treatments, decorative or for the purpose of privacy or sun shielding, shall take into consideration the exterior view of the structure. Contrasting color, when viewed from outside the structure, should be avoided. Reflective materials will not be allowed.

Gutters and downspouts must be colored to match or harmonize with the materials to which they attach. Gutter and downspout colors must be represented on the color board for review by the ARC.

"Chinking" between timber members on the exterior of a log home cannot be white or off-white and must be compatible with the overall color scheme of the logs or timbers.

Colors must be submitted to the ARC for approval prior to repainting the home unless the home is being painted the exact same color.

7.10 BUILDING PROJECTIONS

ARC approval is required for all roof projections such as, but not limited to solar applications, dormers, clearstories, skylights, chimney caps, vents, flashing, gutters, and down spouts. All roofing appurtenances must match roofing colors or be of a color that compliments the Residence and must be as inconspicuous as possible.

Electrical control panels/meters, landscape irrigation control systems, and security panels must be attractively concealed and/or painted to match the Residence.

Building projections such as balconies, porches, decks, railings and exterior stairways shall be integrated into the overall design of the Residence and match or compliment the color of the project. All building projections must be contained within the Building Envelope, with an exception of roof overhangs.

7.11 CHIMNEYS

Well-proportioned chimney masses can be used as sculptural features complimenting overall qualities of the Residence. Chimneys lend themselves to a variety of angular forms which can enliven the three-dimensional quality and profiled of the overall design. Stone or rock finished chimneys shall be used, unless otherwise approved by the ARC. Exposed metal flues are not permitted. All projections above top of chimney must be architecturally shielded/ concealed (i.e. architectural shroud, etc.)

7.12 PARKING SPACES/RECREATIONAL VEHICLES

Each Residence shall contain parking space for the parking of at least two guest automobiles, outside of the garage, within the building envelope, clear of all required setbacks. This extra parking area must be hardscape. No yard parking will be allowed. Homeowners who possess commercial trucks, buses, motor homes, campers, boats, trailers (camping and hauling), motorcycles, ATVs, or any other motorized vehicle other than a conventional automobile, must store or park such vehicles within an enclosed garage to be completely hidden from view of neighboring Units, Common Area or Private Amenities.

All garage doors must remain closed when garages are not in use. Where possible, a turn-around/hammerhead area should be provided within the Building Envelope so that vehicles will not be required to back out onto the street.

Carports are not permitted. Porte cocheres will only be approved on home sites large enough to permit the required turning movements without encroaching into the side setbacks.

7.13 ANTENNAE & SATELLITE DISHES

Exterior antennae, aerials, satellite dishes, and other such apparatus for the transmission or reception of television, radio, satellite or other signals may be erected on a Unit, so long as they are screened from view as much as is reasonably possible from any street, Private Amenity, Common Area, Golf Course or another Unit. It is recommended, all satellite dishes be of a color that matches or compliments the structure as approved by the ARC and must comply with the Town of Payson Building Code. Homeowners are encouraged to install a satellite dish as close to the ground as possible, mounted low either on the structure or on a metal pole set in concrete. This will be less obtrusive and it will make snow or ice removal easier so the satellite signal will not be interrupted.

These regulations apply only to video antennae including direct-to-home satellite dishes less than one meter (39.37”) in diameter, TV antennae, and wireless cable antennae. These regulations do not apply to antennae used for AM/FM radio, amateur (“ham”) radio, Citizen’s Bend (“CB”) radio or Digital Audio Radio Services (“DARS”). Antennae used for these purposes must not be visible from neighboring Units, Common Area or Private Entities.

7.14 FLAGS AND FLAG POLES

The Association shall not prohibit the outdoor front yard or backyard display of any of the following:

• The American flag

• An official or replica of a flag of the United States Army, Navy, Air Force, Marine Corps or Coast Guard by an association member on that member's property.

• The POW/MIA flag.

• The Arizona State flag.

• An Arizona Indian Nations flag.

• The Gadsden flag.

Temporary flags/banners may be hung from a temporary, non-vertical, five-foot maximum length pole that is inserted into a bracket mounted on the Residence.

One freestanding, permanent flagpole, is permitted within the building envelope as approved by the ARC. Flag poles may not exceed 20’ out of the ground.

The American Flag must always be flown on top with any additional flag flown below it. Only two flags may be displayed at one time. All federal rules for displaying the American Flag and military flags must be followed (U.S. Code, Title 4, Chapter 1, Section 6). These include: 

• Flags should only fly sunrise to sunset. If flags are flown overnight, the flag must be lit.

• Flags should not fly in inclement weather unless an all-weather flag is used.

• Flags must be in good condition. Flags must not be tattered, faded, or otherwise deteriorated.

Any flag or banner deemed offensive or inappropriate by the Board shall not be displayed anywhere on a Unit.

7.15 SWIMMING POOLS

Pools and spas must be within the building envelope and shall be screened from view from any street, Private Amenity,

Common Area, or another Unit and shall be fenced according to all applicable governmental regulations. The initial or subsequent installation of either a pool or a spa shall require submission of drawings and prior approval by the ARC.

Pools or spas shall be made an integral part of the deck or patio area and/or landscaping. Pools are only approved with proof of proper permitting from the Town of Payson.

7.16 BASKETBALL BACKBOARDS, CHILDREN'S TOYS AND PLAY EQUIPMENT, AND OTHER RECREATIONAL EQUIPMENT

Permanent installation of basketball backboards, children's play equipment, and all other recreational equipment outside of a Residence is prohibited. While in active use, children's toys and portable recreational equipment shall be located within the Building Envelope or driveway (not on common areas or streets) and shall not obstruct a neighboring

Owner's views of a Private Amenity or the Common Area. When not in active use, all such toys and portable recreational equipment must be stored within the Residence.

Tree houses are prohibited.

7.17 ADDRESS BOLLARDS

Each Unit shall have installed prior to completion of the Residence, an approved address bollard, made by 6”x6” rough sawn cedar with clear seal or painted to match the home, with the Unit's address number affixed to it. The numbers must be white number on a dark green 4 1/4” x 17” metal number plate (as shown in the drawing). The ARC has designed the approved address bollard.

Address numbers cannot be attached to the Residence or displayed anywhere on the Unit except on the approved address bollard.

The address bollard must be installed prior to receiving Final Review. The location of the address bollard must be on the approved site plan. The address bollard may be lighted with a small spotlight, provided that the light source is not visible and the fixture has a 90-degree cut-off.

7.18 SIGNS

No signs, except for emergency contact (described in Section 9.17), address bollards (Section 7.17), "For Sale", "For Rent", or political signs (per A.R.S. 33-1808), may be displayed by sub-contractors, and financing institutions, Owners, etc, on any Unit.

Per A.R.S. 33-441, A single For Sale or For Rent sign may be installed on the owner’s property. The sign must be installed on the unit and cannot be installed on any Common Area, Private Entity, or Neighboring Property. The sign must be 18” x 24” and professionally made. A single 6” x 24” rider may be used on the sign, unless a sale is pending, in which case a second “PENDING” rider may be displayed. Once a unit sells, the sign must be immediately removed.

7.19 SERVICE YARD

All above ground garbage and trash containers, firewood storage, clotheslines, mechanical equipment, and other outdoor maintenance and service facilities shall be screened from streets, a Private Amenity, Common Areas, and other Units.

All electrical transformers, cable TV junction boxes, telephone equipment, water connection boxes and other related fixtures shall be screened from view and/or attractively landscaped with low stone walls, boulders, or native plantings.

At no time shall firewood storage be covered with any material such as plastic or canvas tarps.

Adequate drainage shall be provided around all grinder pumps.

Grinder pump covers shall be painted to match the surrounding area. Grinder pumps shall not exceed 6” above finished landscape grade.

7.20 GUESTHOUSES, GAZEBOS AND GARAGES

Any attached or detached guesthouse, gazebo, or garage must be within the Building Envelope of the main Residence and reviewed and approved by the ARC prior to construction, and shall be of the same architectural style, color, and material as the Residence or of a style, color and material that is generally recognized as complimentary to that of the Residence, and shall be visually related to the Residence by walls, courtyards, or landscape elements. Any guesthouse, gazebo or garage must be built entirely within the Building Envelope and comply with all local zoning regulations. 

7.21 DECKS, BALCONIES, PORCHES, PATIOS AND COURTYARDS

Decks, balconies, porches, screened porches, patios and courtyards shall be designed as an integral part of the Residence to provide maximum enjoyment of exterior spaces and views from and to the Unit. Deck location should be considered so as not to obstruct or diminish the view from adjacent Units. Deck construction shall not occur over easements and must comply with all local zoning requirements.

Composite lumber and solid surfaces for deck surfaces and/top caps is encouraged. Other railing types, such as those with composite, wood-framed shatterproof glass panels, and metal vertical or horizontal posts and crosspieces will be considered by the ARC on a case-by-case basis. Pickets must be horizontal or vertical (no fan or starburst shaped pickets will be allowed) and pickets must meet building code standards.

Decks, balconies and porches shall be supported by rock, stone or wood columns, with native materials (boulders, vegetation, etc.) as ground cover underneath. All deck columns, whether supporting or decorative, must be at least 12” X 12” (See Section 7.07) in cross-section and constructed of materials approved by the ARC. Any column supporting roof structure above first finished floor that is viewable from the golf course is encouraged to be clad in stone. Lattice work or other architectural screens are not permitted under elevated decks, balconies or porches.

Proposed deck, railing, and column materials and colors must be included as part of the Final Design Review Submittal.

7.22 SOLAR APPLICATIONS

All solar applications are subject to approval by the ARC on a case-by-case basis. Solar panels must have the appearance of a skylight that is installed flat to the roof surface and finished with trim that blends with the color of the roof. Such solar panels shall not involve the removal of any existing trees or cause excessive glare or reflection. Any exterior boxes must be painted to match the siding of the residence. 

7.23 PROPANE TANKS

Installation of propane tanks is allowed but must be reviewed by the ARC on a case-by-case basis. The propane tank must be buried, within the Building Envelope, and must meet all the Town of Payson Building and Fire Department requirements. Above ground propane tanks are prohibited. The ARC reserves the right to deny any application for an underground propane tank for any reason, including, but not limited to, safety concerns.

7.24 BACK UP POWER GENERATORS

All back-up power generators must be submitted to the ARC for approval prior to installation. Generators must be equipped with manufacturer’s sound shields and must be screened from neighboring Units, Common Area, and Private Amenities. The ARC reserves the right to deny any request for a back-up generator for any reason, including noise concerns for neighboring Units.

7.25 FIREPLACES

All fireplaces and wood burning devices must be approved by the Environmental Protection Agency (EPA) in accordance with the Town of Payson's standards for particulate emissions. All wood burning fireplace chimneys  must have an architectural shroud to screen the spark arrestors as approved by the ARC. All spark arrestors, flues, and gas vents must be architecturally shielded as approved by the ARC.

7.26 GOLF COURSE UNITS

The potential hazard of golf balls or other objects entering a Unit must be considered when designing the Residence. Each Unit Owner is responsible for mitigating the potential hazards of living on the golf course.

Exterior building material, including glass windows, which can withstand the effect of errant golf balls must be used. Location and size of windows and location of patios and courtyards shall be designed to mitigate this potential hazard.

Neither the ARC, nor the Association, shall be responsible for any damage or injuries that may arise due to errant flying objects as a result of play on the golf course.

The use of screens, nets, or other similar materials for protection shall not be permitted at any time. Protection from errant flying golf objects shall be through natural landscape elements such as native mature trees, shrubbery, landforms, and prudent design techniques when possible.

The Chaparral Pines Golf Course is not subject to these Residential Design Standards and the Chaparral Pines Golf Course Owner has the right to add trees and other landscaping to the golf course and to change the location, configuration, size and elevation of tees, bunkers, fairways, greens, cart paths, bridges, rest rooms, irrigation pump stations and rain shelters on the golf course which may obscure or diminish the view from any Unit without obtaining the approval of the ARC.

7.27 ORNAMENTAL OBJECTS

A. Exterior ornamental objects such as, but not limited to, metal, ceramic, or wood sculptures/statues will not be permitted outside of the Building Envelope. Exterior ornamental objects, while not encouraged, are allowed within the building envelope when they are less than 36” tall and meet the following conditions:

• They must blend and harmonize with our unique woodland forest landscape;

• They must not dominate the woodland environs;

• The color of such objects must be warm, neutral, earthy hues.

• They must harmonize with the site and surrounding landscape at all times.

• No bright or primary colors will be allowed.

• Accepted materials are stone, metal, wood, or ceramic. No reflective or plastic materials are allowed including, but not limited to, plastic statues or flowers.

B. Ornamental objects that would be considered offensive or vulgar to the community (no matter the size) based on the obvious or implied meaning of the object will not be allowed.

C. Non-conforming ornamental objects may be allowed on a case-by-case basis inside the Building Envelope, if they are FULLY screened from view from any Neighboring Unit, Street, Golf Course or other Public Amenity. Approval for installation of non-conforming ornamental objects is at the discretion of the ARC. Approval must be obtained in writing from the ARC prior to installation. Drawings and/or photographs showing the nature of the object, its location on site and the screening materials to be used shall be submitted to the ARC for approval consideration.

Failure to obtain approval before installation will result in required removal or fine or both.

D. Wind chimes are discouraged if they can be heard by Neighboring Units (outside of your property). If complaints are received regarding wind chimes, the wind chimes will have to be removed.

7.28 MAIL BOXES

Individual mailboxes on Units are prohibited. Mailbox clusters are located throughout the community.

7.29 STORAGE BUILDINGS

Storage buildings, attached or detached, from the Residence, are not permitted. A detached garage, guesthouse, or gazebo is not considered to be a storage building.

7.30 WINDOW AWNINGS, OVERHANGS, AND SHUTTERS

Installation of any window awnings, shades, overhangs, exterior rolling window shades, and/or shutters are subject to ARC approval on a case-by-case basis. If approved, the color of such awnings, shades, overhangs, exterior rolling window shades, and/or shutters must complement or harmonize with the color of the Residence.

Sun-control window coverings, gazebo/deck/patio drapes, and exterior trim accents around windows, doors, and other such areas on the Residence are subject to approval. Window coverings have to abide by the same 10 point LRV difference for exterior colors as body, trim and window frame colors.

7.31 DOG RUNS/FENCING

The use of fencing on or around individual residences and/or properties is discouraged. Fences will only be allowed for the containment of dogs or small children, and as may be required around swimming pools, and must be located within the Building Envelope.

Fence materials shall be compatible with those used on the primary Residence and of similar color and materials. Owners are strongly encouraged to use landscaping and berming to create privacy areas, rather than erecting a fence.

Fences shall not be constructed on property lines (excluding the community’s perimeter fencing), nor shall they be used to delineate Building Envelope lines. All fence locations, materials, and heights shall be approved by the ARC. Fences shall not exceed five feet (5’) in height.

Galvanized chain link, barbwire, plywood, chain and bollard, picket, concrete block, brick, adobe, concrete or wood railway tie, lattice, or similar fencing materials are not permitted.

All dog runs must be located entirely within the Building Envelope as approved by the ARC on a case-by-case basis. Dog runs must be screened from view of all adjacent properties (including golf course, cart path, hiking trails or roads), with landscaping or natural vegetation. No uncoated chain link will be allowed. Posts must be set into concrete.

No t-posts will be allowed. Dog runs can be no more than 5’ high. Dog runs may be no more than 500 sq. ft.. Exterior planting must be coordinated with the overall Landscape Plan of the Residence, be properly irrigated and maintained and be dense enough to obscure the exterior of the dog run. All materials must be submitted to and approved by the ARC prior to installation.

Animal kennels are prohibited. Reference Exhibit “C” of the Chaparral Pines CC&R’s, Section 2.C regarding animal rules to be followed.

7.32 GREENHOUSES/COLD HOUSES

Construction of any greenhouse, cold house, or other similar structure is subject to ARC approval on a case-by-case basis. The architecture of the structure must be similar in composition to the Residence. The structure must be built within the building envelope.

7.33 SCREEN DOORS

Installation of a screen/storm door to a Residence or garage does not require ARC approval. The door material and color must complement or harmonize with the color of the Residence.

7.34 SECURITY TREATMENT

Steel or wrought iron bars or similar security treatments shall not be installed on the exterior or interior of any windows or doors of any Residence.

7.35 FIRE SPRINKLERS

The Town of Payson may require an interior fire sprinkler system. Check with the Town of Payson for current regulations. The Town or ARC may also enforce additional standards as required by the Payson Fire Marshall. Interior fire sprinkler systems, due to the climate of Payson, AZ, must be protected against freezing and possible breakage.

7.36 AUTO ZONES

On the Final Plats for Chaparral Pines Phases 1, 2 and 3 Units, that have been identified as having slopes exceeding 30 percent within the Building Envelope may be allowed an Auto Zone. Construction of a Residence on these Units requires special care and consideration. To facilitate garages and automobile access to these Units, "Auto Zones" have been created along the road frontage. These Auto Zones are located between front property line and the front Building Envelope line. When, in the sole determination of the ARC, it is not reasonable to locate a garage within the Building Envelope of an Auto Zone Unit, the garage, either attached or detached from the Residence, may be constructed within the Auto Zone as approved by the ARC on a case-by-case basis. When a garage is approved within the Auto Zone, extensive landscape and screening with native materials will be required within the right-of-way area between the pavement and the property line. (See Section 8.00 for Landscaping Standards.) Driveway grades and retaining walls in Auto Zone areas must be clearly defined in the Preliminary and Final Submittals, and must comply with accepted engineering standards. (See Section 7.02 for building heights on Auto Zone Units.)

8.00 FIREWISE AND LANDSCAPING STANDARDS

Included in this section are the standards to be used for developing landscape plans that incorporate the elements required to maintain a Firewised property.

8.01 FIREWISE 90-DAY RULE

Beginning July 2011, any entity that acquires title to a Unit (built or vacant) within the Association shall clear overgrown vegetation and Firewise their Unit pursuant to the standards established in Section 8.02 of the Residential Design Standards. The new Owner will have 90 days after acquiring title to the Unit to complete the Firewise. If after 90 days nothing is done, a notice will be sent giving 30 days to complete the work. During the 30 days, the HOA will request three bids to Firewise the Unit. If nothing is done after 30 days, the HOA will Firewise the Unit using the lowest cost of the three bids, and will assess this cost to the Unit.

To assist the property Owner, each property will be evaluated by a Certified Firewise Evaluator from the Chaparral Pines Firewise Committee. The property Owner will be required to fill out and return to the Association office the Evaluation Permission Form. Once the property has been evaluated, Owners may choose to do the work themselves or hire a contractor to do the work for them. Lists of contractors may be obtained from the Association office. Reevaluations are required every three years.

In accordance with the Mandatory Firewise Resolution, adopted April 26, 2018, all owners must maintain their Unit in compliance with the fire prevention standards. Recertification of the firewise status of the property is required every three years after receiving a passing evaluation.

8.02 CHAPARRAL PINES FIREWISE STANDARDS

As noted, the goal of Firewise standards is to keep the community as safe as possible from the threat of wildfire without increasing erosion. The National Firewise Organization (www.Firewise.org) suggests areas to consider when creating standards for defensible space and for slowing the spread of wildfire. These areas include: dead/dying vegetation,

horizontal density, ladder fuels and tree thinning, clearing of ignition zone surrounding houses, and on-going maintenance.

Using these national Firewise guides, the community of Chaparral Pines has developed and adopted the following Firewise Standards:

• Standard One: Dead and dying vegetation has been removed from the property. To meet this standard, the property should be largely cleared of all dead and dying vegetation. A property that contains dead trees and shrubs, piles of dead vegetation and debris does not meet this standard. A layer of duff, no thicker than 3”, to maintain soil moisture and prevent erosion is allowed.

• Standard Two: Sufficient horizontal space exists between shrubs and trees across the entire property. To meet this standard, vegetation on properties should be in definable groups or clumps with clear paths or openings between and among existing vegetation. A property with thick growth of vegetation that is difficult to walk through does not meet this standard.

• Standard Three: Trees on the property have been thinned, base cleared, and ladder fuel removed. To meet this standard, trees on the property should have been thinned (only one or two trees in an area), competing vegetation removed from the trees’ base, and limbs pruned up to at least 6’ from the ground but not to exceed 1/3 of tree’s height. A property with many trees close together, trees with heavy growth surrounding them, and trees with limbs near the ground does not meet this standard. Live trees 8” in diameter (or larger) may not be removed without prior written permission of the ARC and the Town of Payson, but they may be have their limbs pruned up.

• Standard Four: Area surrounding the house is cleared of vegetation and flammable debris. To meet this standard, all decks, porches, patios and roofs/gutters are to be clear of all flammable materials (e.g. pine needles, door mats, dry floral arrangements, cushions, pine needles, wood piles, etc.). Wood piles are to be 30’ from the Residence. Trees and shrubs should not be touching the Residence. It is required that no flammable materials or vegetation be within 5’ of wood-sided homes or any wooden structures.

• Standard Five: Maintenance of property is on-going. To meet this standard, a property must be regularly inspected and maintained (e.g., removal of flammable vegetation, tree pruning, and shrub thinning). A property that is not maintained by removal of dead vegetation and thinning of new growth does not meet this standard.

Although not a standard, Firewise evaluations will also entail examining property for signs of erosion and making recommendations for action as necessary.

To help prevent erosion, vegetation should be removed by cutting off at ground level leaving the root system in place.

Further developed standards, forms, procedures, and photos regarding Firewising may be found on the website under "FIREWISE INFORMATION."

8.03 LANDSCAPE DESIGN

The Chaparral Pines Landscape concept is based on compatibility with the natural forest environment, fire safety, and a commitment to low-water usage. An aggressive re-vegetation program will be implemented in all areas impacted by the construction to ensure seamless flow between the community and the surrounding environment.

Chaparral Pines has been carefully planned to blend in with the surrounding forest. To maintain this principle, the ARC will allow only restoration and minimal landscaping installations. The ARC reserves the right to reject any landscaping scheme that may interfere with the natural appearance of the forest or community.

Every effort should be made to develop simple landscaping plans that reflect and enhance the existing beauty of this forest neighborhood. Complex, high-density, excessively diverse or formal landscaping plans will be rejected. Care must be taken during the siting of the home to allow planting space for perimeter landscaping within the Building Envelope. All disturbed areas of the site must be restored to a natural condition as nearly as possible and some limited planting may be required to achieve this goal.

All landscape plans shall meet the requirements of both the Town of Payson and these Design Standards including incorporating fire safety (Firewise) and approved plants into the plans.

8.04 LANDSCAPE REQUIREMENTS

A detailed Landscaping Plan shall be submitted for approval by the ARC prior to completion of construction. Such Landscaping Plan shall identify all trees with an 8” diameter measured at a height of 4’ 6” above the ground level ("protected tree") that the Owner intends to remove. In accordance with the Town of Payson ordinance, no such protected live tree shall be removed without the prior written permission of the ARC and the Town of Payson. Removal of trees without permission could result in fines (up to $10,000) or a requirement to re-vegetate (replant trees).

The approved Landscaping Plan shall be implemented as soon as physically practical and shall be completed no later than 90 days after completion of construction, except that an extension of time may be granted by the ARC due to weather conditions.

Major changes made to any landscaping must be submitted to the ARC for review and approval prior to being started. Failure to gain approval may result in removal of landscaping and/or fines.

8.05 LANDSCAPE PLAN SUBMITTAL

The Landscape Plan submittal shall include a drawing at a scale of 1"=10’, showing:

1. All the information shown on the approved GRADING/SITE PLAN (See Section 4.09 (b)).

2.  The location of all PLANT MATERIALS proposed.

3. A PLANT LIST that identifies the type, size, and quantity of all plant materials and forest floor material. Large areas of gravel or decomposed granite will not be approved.

4. The location, materials, and construction details of other LANDSCAPE IMPROVEMENTS (walls, walks, drainage, etc.)

5. LANDSCAPE LIGHTING PLAN. A landscape lighting plan must be submitted for approval. The plan should include landscaping and location of any landscaping lights, and the plan should include a cut sheet of the lights to be installed and comply with section 7.06.

6. LANDSCAPE COMPLETION DEPOSIT will not be refunded until landscape improvements are installed and Firewise efforts are completed and approved by the ARC.

   
   
   

9.00 CONSTRUCTION STANDARDS

In order to assure that the natural forest surroundings are not unduly damaged during construction, the following construction regulations ("Regulations") shall apply to any and all Work performed on a Unit. All Builders and Owners shall be bound by the Town of Payson Building Codes, the International Building Code, and any other applicable Governing Authority. Any violation of these regulations by a Builder shall be deemed to be a violation by the Owner of the Unit.

9.01 OWNER’S COMPLETION  DEPOSITS

To guarantee that the Construction Standards are adhered to, and that Construction Violation fines are paid before beginning any construction, the property Owner shall post at the Preconstruction Meeting (see Section 9.03) a refundable cash completion deposit with the Association Management. No letters of credit or bonds will be accepted. The list of deposit amounts can be found in Exhibit “A” Fee Schedule. The completion deposit will consist of the previously collected Construction and Landscape Deposit.

For new construction of the main residence or for rebuilds of the main residence:

The Association or the ARC must hold a final design approval meeting for the purpose of approving the plans, and the member or their agent must be allowed to attend this meeting. If the plans are approved, then the Association or ARC must provide written acknowledgement that the approved plans, along with any approved amendments to the plans, are in compliance with all applicable rules and guidelines, and that the refund of the security deposit requires completion of construction in accordance with the approved Construction and Landscape plans.

The Association must conduct at least two on-site formal reviews during construction to determine compliance with the approved plans. The Owner or his/her representative must be allowed to attend these reviews. The Association must issue a written report specifying any deficiencies, violations or unapproved variations from the approved plans within five business days of the formal review.

Within 30 days after the second formal review, the Association must provide the member the written report specifying any deficiencies, violations or unapproved variations from the approved plans. If the written report does not specify any of such items, then the Association shall promptly release the security deposit to the Owner.

If there are identified problems, then the Association may hold the security deposit, if any, for 180 days or until receipt of a subsequent report of construction/completion compliance, whichever is less. If a report of  construction/completion compliance is received before 180 days elapses, then the security deposit must be promptly released to the Owner.

If no such report is received within 180 days, then the Association must release the security deposit from the trust account to the Association. The Association may decide to release all or any part of the security deposit to the Owner before receiving a compliance report. Any such release is not a representation that the construction complies with approved plans.

The statute (ARS 33-1817) confirms that approval of the plans and approval of construction (or a rebuild) of a main residential structure by the Association does not constitute a representation or warranty that the plans or construction comply with applicable governmental requirements, engineering or safety standards.

Should it become necessary for the ARC to remedy any violation of these Construction Standards, the costs of such remedy, or the payment of any delinquent Construction Violation fine will be paid from the cash deposit.

The obligation of the Owner to repair, correct, complete or otherwise comply with these Construction Standards and pay any Construction Violation fines shall not be limited to the amount of such cash deposit. Upon approved and signed completion of construction and landscaping, the Owner’s cash completion deposit (if applicable) shall be returned to the Owner.

Any additional expense over and above the amount of the cash deposit incurred by the ARC in enforcing compliance with the Residential Design Standards will be recorded against the Unit as a lien until paid.

Each Builder is responsible for the actions of all persons working on the Unit. This responsibility applies to all activities conducted by those persons while on the building site.

9.02 COURSE OF CONSTRUCTION

Before any lot clearing or any other work is done on the Unit, the Builder shall schedule a Pre-Construction Conference with the ARC. During the course of construction, Chaparral Pines Security and/or the ARC will periodically review the Work in progress and will give notice to the Builder of non-compliance issues observed.

9.03 PRE-CONSTRUCTION CONFERENCE

After receiving ARC's approval of Final Submittal, and prior to commencing construction, the Builder shall meet with the designated ARC representative and the Security Director to review construction procedures and to coordinate construction activities.

At this Pre-Construction Meeting, the Builder shall submit:

1. The required Owner’s Completion cash deposit (see Exhibit “A” for amounts).

2.  A signed Pre-Construction Application (Exhibits “D” & “E”). 

3. A copy of the Town of Payson's Building Permit.

4. A copy of the Town of Payson approved drawings (full size and on CD). This will be a copy of the set that was approved at Final Review and has the Chaparral Pines stamp of approval. Any Town of Payson plans submitted without a Chaparral Pines ARC stamp of approval will be rejected and the Pre-Construction Conference will have to be rescheduled.

5. A construction schedule.

6. The name and local cell phone number of a person that can be contacted 24-hours a day.

7. An up-to-date list of all the Builder's employees, suppliers, subcontractors, subcontractor's employees, and agents who will have access to and from the Unit during construction. All the aforementioned employees, suppliers, and agents shall stop and register at the construction gate upon their first visit to the site and receive a Construction Pass to enter Chaparral Pines. This Construction Pass may be revoked any time the holder of the pass fails to comply with the Construction Standards or Association rules and policies adopted by the Board.

8. A signed statement accepting responsibility for the actions of everyone working on the construction site.

9. A site plan with the construction fence location marked on it. This will be at the discretion of the builder to ensure that there is enough room for the crews to effectively work, as well as providing area, if available, for materials to be kept on the property.

9.04 COMMENCEMENT OF CONSTRUCTION

All Work must conform to approved plans. If it is determined by the ARC that Work completed or in progress on any

Unit is not in compliance with the Residential Design Standards or any approval issued by the ARC, the ARC shall, directly or through the Association, notify the Owner and Builder, in writing of such noncompliance specifying in reasonable detail the particulars of noncompliance, and shall require the Owner and/or Builder to remedy the same. If the Owner and/or Builder fails to remedy such noncompliance or fails to commence and continue diligently toward achieving compliance within the time period stated in the notice, then such noncompliance shall be deemed to be a violation of the CC&Rs and the Residential Design Standards.

1. Time to Commence. If construction does not commence on a project for which such plans have been approved within 12 months of such approval, such approval shall be deemed withdrawn, and it shall be necessary for the Owner to resubmit the plans and be required to pay another Design Review fee.

2. Time to Complete. The ARC shall include in any approval a maximum time period for the completion of any new construction or modification.

If no maximum time period is specified in the approval, construction shall be completed within one year of its commencement except when, and for so long as, such completion is delayed due to causes beyond the reasonable control of the Owner or the Owner has requested an extension of such maximum time period not less than three days prior to the expiration of the maximum time period, which the ARC may approve or disapprove in its sole discretion. A notice will be sent out 30-days prior to the expiration date notifying the homeowner and the builder of the pending completion date. If the project is not completed on time, and no request for extension has been filed, a $1000 fine will be levied against the building deposit, with subsequent fines of $1000 per month levied until the project has been completed, or an extension has been granted by the ARC. See Exhibit “A” Review Fee, Deposits, and Fine and Penalty Schedule.

If construction is not completed on a Residence within the period set forth in the approval, within the one-year default period, if applicable, or within any extension approved by the ARC, and the owner and builder have been notified of the fines levied against the deposit, the plan approval shall be deemed withdrawn, and the incomplete construction shall be deemed to be in violation of the CC&Rs and the Residential Design Standards. In the event of such violation, or if construction has been abandoned for a period of 6-months, the ARC may notify the Association of such failure and the Association, at its option, shall either complete the exterior of the Residence in accordance with the approved drawings, or remove the Improvement and return the Unit to its natural state prior to the beginning of any Work. The Owner shall reimburse the Association for all expenses incurred in connection therewith.

All Builders and Owners shall be bound by the Town of Payson Building Codes, the International Building Code, and any other applicable Governing Authority. Any violation of these regulations by a Builder shall be deemed to be a violation by the Owner of the Unit.

9.05 CONSTRUCTION ENFORCEMENT

The ARC may, at any time, inspect a lot or improvement on discovering a violation of these Residential Design Standards, and provide a written notice of non-compliance to the Owner, including a reasonable time limit with which to correct the violation. The ARC may document and record a notice of violation after the expiration of the time limit. If an Owner fails to comply within the stated time period, the ARC may recommend to the Board of Directors that it proceed with remedies which may include, but are not limited to, fines or recording of a Certificate of Non-Conformance with the title company upon notice of intent to sell or convey ownership. Said expenses incurred may be secured by a lien upon such lot enforceable in accordance with the Declaration.

In the event of any violation of these Residential Design Standards, the ARC may, at its sole discretion, and in addition to restoration expenses, impose without limitation a punitive fine, commensurate with the severity of the violation.

9.06 GOVERNING AUTHORITY

All Owners and Builders shall comply with the regulations of any Governing Authority, as well as all applicable Occupational Safety and Health Act regulations and standards (OSHA).

9.07 CONSTRUCTION TRAILERS, PORTABLE FIELD OFFICES, ETC

Any Owner or Builder who desires to bring a construction trailer or field office to Chaparral Pines shall first apply for and obtain written approval from the ARC. To obtain such approval, the Owner or Builder shall submit a copy of the architect's site plan with proposed locations of the construction trailer or field office within the Building Envelope. Such temporary structures shall be removed upon completion of construction.

No signage shall be allowed on any construction trailer or field office. The color of the construction trailer/field office shall be approved by the ARC.

9.08 DEBRIS AND TRASH REMOVAL

An approved trash receptacle must be on the Unit in the approved location at all times during the construction term. Builders shall clean up all trash and debris on the construction site at the end of each day and place it inside the receptacle. Trash and debris shall be removed from each construction site frequently and not be permitted to accumulate. Lightweight materials, packaging, and other items shall be covered or weighted down to prevent their being blown off the construction site. Builders are required to promptly retrieve all trash and debris blown onto neighboring properties. Trash receptacles must be covered at the end of each workday.

The Builder/Owner must have all trash receptacles emptied before debris and trash accumulates above the top rim of the receptacle. Failure to do so may result in immediate corrective action being taken by the Association.

Builders are prohibited from dumping, burying or burning anywhere within Chaparral Pines. During the construction period, each construction site shall be kept neat and clean and shall be properly policed to prevent it from becoming an eyesore or affecting other Units, Common Area, or Private Amenity.

Mud and dirt from the construction site on the paved streets of Chaparral Pines, whether caused by the Builder or any of its subcontractors or suppliers, shall be promptly removed and cleaned by the Builder.

Anytime the Builder or subcontractors are welding, grinding, painting or using materials that are subject to spontaneous combustion, Security staff must be contacted personally, so they can keep an eye out for any type of smoldering fire. All safety precautions must be followed if any of the above are occurring.

Failure to comply with this section will result in a fine being levied against the Builder and/or the violation being remedied by the Association at the Builder‘s expense. It is the obligation of the Builder to keep the construction site reasonably clean throughout the construction process and to pay any fines and/or costs incurred by the Association to insure compliance.

9.09 SANITARY FACILITIES

Each Builder shall be responsible for providing adequate sanitary facilities for Builder's construction workers. Portable toilets shall be located only within the Building Envelope or in an area approved by the ARC. All portable toilets must be painted either tan or green.

9.10 VEHICLES AND PARKING AREAS

Construction crews shall not park on, or otherwise use other Units or any open space. Private and construction vehicles and machinery shall be parked only within the Building Envelope or in areas designated by the ARC or Security. All vehicles shall be parked on one side of the street only, so as not to inhibit traffic, emergency vehicles, or block driveways.

Each Builder shall be responsible for assuring that the subcontractors and suppliers obey the speed limits posted within the development. Adhering to the speed limits shall be a condition included in the contract. Traffic violations (fines) will be imposed against the violator and the Builder will not be fined.

Construction vehicles shall not park on the concrete multi-use paths and shall comply with directives from Chaparral Pines Security personnel.

9.11 BLASTING

If any blasting is to occur, the Town of Payson and Chaparral Pines Security must be informed far enough in advance to make sure the Owner has obtained the advice of expert consultants that blasting may be accomplished safely, and to provide sufficient time to notify nearby residents. Applicable governmental regulations concerning blasting must be observed.

9.12 STORAGE OF MATERIALS

All building materials must be stored within the driveway easement and/or Building Envelope. With prior written approval from Security staff, building materials may be stored outside of the Building Envelope. The Builder shall revegetate this temporary storage area prior to completion of the Residence. With prior approval from the ARC, building materials may be temporarily stored on the road, provided such material is removed within 24-hours. The Builder shall be responsible for the cost of repairing any pavement that is damaged during the construction process.

Excavated and other bulk material cannot be deposited or stored on roadway pavement. Excess excavation materials must be hauled away from Chaparral Pines and properly landfilled if the property does not allow for space to store these materials. If the property is of the proper size, excavated materials may be stored within the Building Envelope.  Owner/Builder would have to take responsibility for any excavated materials being stored on-site and would have to ensure they were stored properly.

9.13 SITE PREPARATION

Before any work is done on a Unit, three 10-pound ABC fire extinguishers must be provided on the construction site. These fire extinguishers must be fully charged and remain on the Unit at all times during the construction term. The construction site will be immediately shut down if any of these fire extinguishers are missing or are not fully charged.

To protect existing vegetation, a temporary 4’ minimum high chain link fence is required. Such fence shall be fastened to steel fence posts located 8’ apart and driven firmly into the ground. Prior to installation, the fence location shall be flagged and all trees near the proposed fence line shall be protected. Contractors will be responsible for determining the location of their fence in order to maximize the useful space on the site but so as not denude the site. The location of the fence will be submitted on the site-plan, at the Pre-Construction Conference.

Such fence shall be installed pursuant to the Construction Regulations to completely enclose the proposed construction area. Such fence should have a single gated entrance with a lock (either key or combo), to ensure the gate can be locked when the job site is not being worked at. If multiple entrances are needed Owner must get approval from Security, and the additional entrances must be gated and locked in the same manner as the initial entrance. The fence shall remain erected until the Residence is completed. No other work may be conducted on the Unit until after the fence has been erected.

All construction trailers, field offices, sanitary facilities, construction materials and trash receptacles must be contained within such fence. Under special conditions, and with the prior written approval of the Association Director or ARC, construction materials may be stored outside such fence. In the event it is necessary to conduct construction activities outside of the Building Envelope, Builder shall, prior to conducting such activity, submit a boundary description of the proposed encroachment to the ARC for written approval. Prior to the Final Review, Builder shall restore and revegetate all areas damaged by such encroachment. Any Work done outside of the Building Envelope without the prior written approval by the ARC will incur a Construction Violation Notice.

9.14 MISCELLANEOUS AND GENERAL PRACTICES

Any damage of property outside the Building Envelope, including but not limited to roads, utilities, vegetation and/or other improvements, resulting from any construction operations, must be repaired and/or restored by the Builder prior to completion of construction of the Residence. In the event the Builder fails to restore or repair the damaged area, the Association may repair the area and impose the expense as a charge against the owner’s Unit.

The following practices are prohibited:

• Changing oil on any vehicle or equipment on the Unit or at any other location.

• Allowing concrete suppliers, plasterers, painters, or any other subcontractors to clean their equipment anywhere but the approved location specifically designated for that purpose on the approved site plan. Such cleaning outside the designated area is strictly prohibited. Any costs incurred by the Association to clean up the violation shall be charged against the Owner’s Unit.

• Removing any rocks, plant material, topsoil, or similar items from any property of others within Chaparral Pines, including other construction sites.

• Having any type of firearms in Chaparral Pines.

• Using disposal methods or equipment other than those approved by the ARC.

• Careless disposition of cigarettes and other flammable material.

• Smoking by construction workers outside the area designated for smoking. Such areas will be contained within the Building Envelope, and Builder shall provide ash cans. During periods of high fire hazard (Red Flag conditions) as posted by the HOA, smoking is not permitted on any construction site.

• All construction employees must wear shirts at all times.

• Use of, or trespass onto any golf course area.

• Pets, minor children, spouses, or other people not employed by the Builder or subcontractors are prohibited from job-sites in Chaparral Pines.

In the event of a violation, ARC, Declarant, or the Association through its Security personnel, shall have the right to deny access into Chaparral Pines.

9.15 CONSTRUCTION ACCESS

The only approved construction access during the time a Residence or other improvement is under construction will be over the approved driveway for the Unit unless the ARC approves an alternative access point.

The location of the construction entrance into Chaparral Pines will be determined from time to time by the ARC and each Builder shall be responsible for assuring that only that entrance is used by its employees, suppliers, subcontractors and agents.

9.16 DUST, MUD AND NOISE

Each Builder shall be responsible for controlling dust, mud and noise from the construction site. Radios are permitted as long as they cannot be heard outside of the building envelope.

9.17 TEMPORARY CONSTRUCTION SIGNAGE

One approved address/emergency contact sign will be provided by the Association. This sign shall be erected on the street side of the Unit. Unless required by Local Governing Authorities, no other construction signs may be posted anywhere on the Properties. All authorized signs must be removed prior to the Final Review by the ARC. Lighting of any approved construction sign is not allowed.

9.18 DAILY OPERATION

Monday-Saturday construction hours are posted at the gatehouse and the construction entry. Summer hours are Monday-Friday, 7 a.m. - 6 p.m., Saturday hours are 8 a.m. - 4 p.m.; Winter hours are Monday-Friday, 7 a.m. to 5 p.m.,

Saturday hours are 8 a.m. - 4 p.m. Extended hours must be approved by the Association.

No construction work is permitted on Sundays, designated holidays, or before and after posted working hours (Security will post the hours). Builders/Owners will be notified in advance of changes to the construction hours.

10.00 REVIEW OF MODIFICATIONS

The review of any modifications, including but not limited to changing of exterior colors, materials, additions, and landscaping alterations, of an existing Residence shall require the submission of an Application for Review of Modifications to Existing Residence to the ARC (Exhibit “G”) along with the required Review Fee. Depending on the scope of the modification, the ARC may require the submission of all or some of the plans and specifications required in Section 4 of the Residential Design Standards, or the ARC may require a less detailed description of the proposed modification. The review and approval of modifications shall take place within the same time periods as required for new construction.

10.01 VARIANCES

Variances may be granted in some circumstances (including, but not limited to, topography, natural obstructions, hardship, or environmental considerations) when deviations may be required. The ARC shall have the authority to grant a variance from strict compliance in such circumstances, so long as the variance does not result in a material violation of the CC&Rs or the Residential Design Standards. No variance shall be effective unless in writing.

10.02 APPEAL

Any Owner shall have the right to appeal a decision of the ARC by resubmitting applicable information, documents and fees to the ARC; however, such appeal shall be considered only if the Owner has modified the proposed construction or modification or has new information which would, in the ARC's opinion, warrant a reconsideration. If the Owner fails to appeal a decision of the ARC, the ARC's decision is final. In the case of a disapproval and resubmittal, the ARC shall have 20 calendar days from the date of each resubmittal to approve or disapprove any resubmittal. The filing of an appeal does not extend any maximum time period for the completion of any new construction or modification.

Disapproved resubmittals may be appealed to the HOA Board of Directors only after disapprovals have been discussed by the ARC with the Owner and efforts have been made to reconcile differences and only for the following reasons:

1. The proper procedures were not followed by the ARC during the administration and review process; or,

2. The ARC decision was arbitrary and not based on the governing documents of Chaparral Pines; or

3. A special situation requires consideration of an exception to the Design Standards and the Owner and the ARC cannot come to an agreement.

Appeals may not be requested simply because the Owner, architect/designer, or contractor does not like the decision made by the ARC. Nor may an appeal be requested when an Owner, architect/designer, or contractor builds/installs anything outside of the guidelines without prior review and approval of the ARC.

To initiate the appeals procedure, the applicant must submit a written request for an appeal within ten (10) days of the applicant receiving the ARC’s decision. The appeal must be mailed or emailed to Chaparral Pines Community Association, and it will be forwarded to the Board of Directors for review. The form, Architectural Review Committee (ARC) Appeal Form should be used. This can be requested from the Association office.

1. The appeal must include:

• Reasons for the appeal.

• Specify why the applicant believes the decision of the ARC is incorrect or unjustified.

• Supporting documents referencing the Chaparral Pines Governing Documents, recorded Plat Maps and scaled plans.

2. The Board of Directors may consider all relevant material and information. And and/or all members of the ARC and the Homeowner should be present at the review to support and explain their positions. No party to the appeal may be represented by counsel at any meeting of the Board of Directors at which an appeal is being considered

3. The Owner will be forwarded the results of the appeal within two (2) weeks of the Board’s meeting at which the appeal was considered.

4. The Owner, contractor, and architect shall abide by the decision. No further appeal may be made. Failure to comply with the decision may result in any or all legal remedies available under the provisions of the CC&Rs.

Please note that the Town of Payson requires a Certificate of Occupancy be issued prior to the owner moving into the home.

10.03 GOVERNMENTAL APPROVAL

The review and approval of designs shall not be a substitute for compliance with the permitting and approval requirements of the Town of Payson, or any other Governing Authority. It is the responsibility of the Owner to obtain all necessary permits and approvals and submit copies of all permits to the ARC.

If the Town of Payson, or any other Governing Authority having jurisdiction requires that changes be made to final construction plans previously approved by the ARC, the Owner must notify the ARC of such changes and provide the ARC with a copy of the revised plans and receive approval from the ARC prior to implementing such changes.

11.00 GOVERNING PRECEDENCE

To the extent that the Town of Payson ordinances, building codes or regulations require a more restrictive standard than the standards set forth in the Residential Design Standards, or the CC&Rs, the local government standards shall prevail. To the extent that any local government standard is less restrictive, the CC&Rs and the Residential Design Standards (in that order) shall prevail.

12.00 PREPARER

The Residential Design Standards have been amended by the Chaparral Pines Architectural Review Committee (ARC) and the amended Residential Design Standards have been approved by the Chaparral Pines Community Association, Inc., Board of Directors (Association). The Residential Design Standards may be changed and amended to serve the needs of Chaparral Pines pursuant to the procedures set forth in the CC&Rs. 

13.00 APPLICABILITY OF DESIGN REVIEW

The Residential Design Standards govern all property that is subject to the CC&Rs and any additional property that may be subject to the CC&Rs in accordance with Article IX of the CC&Rs. Unless otherwise specifically stated in Article IX of the CC&Rs or in the Residential Design Standards, all plans and materials for new construction or exterior modifications of Improvements on a Unit must be approved before any construction activity begins. Unless otherwise specifically stated in the Residential Design Standards, no Residence may be constructed upon any Unit, and no Improvements, including clearing, excavation, grading and other site work, exterior alteration of existing Improvements, and planting or removal of landscaping materials ("Work") shall take place without receiving the prior written approval of the ARC as described below.

Owners are responsible for ensuring compliance with all standards and procedures within the Residential Design Standards. Owners are also governed by the requirements and restrictions set forth in the CC&Rs and any applicable Supplemental CC&Rs. In particular, Unit Owners should review and become familiar with the Use Restrictions applicable to Chaparral Pines set forth in Article IV and Exhibit “C” of the CC&Rs, which address restricted and prohibited activities and conditions within Chaparral Pines.

Please note that the Town of Payson requires that a Certificate of Occupancy be issued prior to the owner moving into any home.

14.0 REVIEW FEES

When a Builder or Owner submits plans to the ARC for approval, the submission shall include a "Review Fee". The Review Fee, subject to change from time to time, shall be payable upon application to the Chaparral Pines Community Association Inc., as follows:

1. New Residence construction - the original construction of a new Residence.

2. Major alteration or addition - a structural or site modification significant enough to warrant the issuance of a Building Permit by a Governmental Authority. Application for Review of Modifications to Existing Residence must be submitted to the ARC.

3. Minor architectural modification or addition - any architectural changes that require architectural review and approval as set forth in the CC&Rs or the Residential Design Standards but a governmental building permit is not required. For example, installing landscaping which deviates from the approved existing Landscaping Plan or installing a dog run. Application for Review of Modifications of Existing Residence must be submitted. 

4. Changes to or re-submission of approved or unapproved plans. 

   See Exhibit A “Review Fees, Deposits, and Fine & Penalty Schedule” for list of current fees.

15.00 INCORPORATION

The provision of the CC&Rs applicable to design and landscape control are incorporated herein by reference, and control over the provisions herein, in the event of a conflict.

15.01 ENFORCEMENT BY BOARD OF DIRECTORS

In the event of any violation of the Residential Design Standards, the Board may take any action set forth in the ByLaws or the CC&R’s, including the levy of a specific assessment pursuant to Section 7.7 of the CC&R’s. The Board may revoke or remedy the violation and/or seek injunctive relief requiring the removal or the remedial action of the violation. In addition, the Board shall be entitled to recover the costs incurred in enforcing compliance and/or impose a fine against the Unit upon which such violation exists.

15.02 NON-LIABILITY FOR APPROVAL OF PLANS

Section 9.6 of the CC&R’s contains a disclaimer of liability or responsibility for the approval of designs contained in any request by an Owner. Prior to submitting plans or information for review, Owners should read and understand this disclaimer.

9.6 Limitation of Liability. The standards and procedures established by this Article are intended as a mechanism for maintaining and enhancing the overall aesthetics of the Properties but shall not create any duty to any Person. Review and approval of any application pursuant to this Article is made on the bases of aesthetic considerations only and the Reviewer shall not bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements, nor for ensuring that all dwellings are of comparable quality, value or size or of similar design. Neither the Declarant, the Association, the Board, any committee, or member of any of the foregoing shall be held liable for soil conditions, drainage or other general site work, nor for any defect in plans revised or approved hereunder, nor for any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Unit. In all matters, the ARC and all persons comprising the ARC shall be defended and indemnified by the Association as provided in Section 5.14.

15.03 RIGHT OF WAIVER

The ARC reserves the right to waive or vary any of the Residential Design Standards procedures or standards set forth at its discretion, for good cause shown (for example, a variance for height restrictions may be considered for Residences being built on extremely sloped lots).

However, any approval by the ARC of any drawings or specifications or Work done or proposed, or in connection with any other matter requiring such approval under the Residential Design Standards or the CC&R’s, including a waiver by the ARC, shall not be deemed to constitute a waiver of any right to withhold approval as to any similar drawing, specification, or matter whenever subsequently or additionally submitted for approval. For example, the ARC may disapprove an item shown in the Final Submittal even though it may have been evident and could have been, but wasn't, disapproved at the Preliminary Submittal.

Furthermore, should the ARC overlook or not be aware of any item of non-compliance at any time during the review process, construction process, or during its Final Review, the ARC in no way relieves the Owner from compliance with the Residential Design Standards and all other applicable codes, ordinances and laws.

15.04 FINAL CONSTRUCTION COMPLIANCE REVIEW SHEET

Within 30 days after written demand therefore is delivered to the ARC by any Owner, and upon payment therewith to the ARC of a reasonable fee from time to time to be fixed by it. The ARC shall record a Final Construction Compliance Review Sheet executed by an ARC member, certifying with respect to any Unit of said Owner, that as of the date thereof either (a) all improvements and other work made or done upon it with said Unit by the Owner, or otherwise, comply with the Residential Design Standards and the CC&Rs, or (b) such improvements and/or work do not so comply, in which event the certificate shall also (1) identify the non-complying improvements and/or work and (2) set forth with particularly the cause or causes for such non-compliance. Any purchaser from the Owner or mortgagee or other encumbrance shall be entitled to rely on said review sheet with respect to the matters therein set forth, matters being conclusive as between the Association, the ARC, all Owners and other interested persons, and such purchaser, mortgagee, or other encumbrance.

15.05 SEVERABILITY

If any provision of the Residential Design Standards shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of the Residential Design Standards to the extend that they can be reasonably understood without the invalid provision(s).

The Residential Design Standards have been approved and adopted as provided by the CC&Rs on the 1st of December 1999 and as amended on January 2000, amended November 2011, amended April 24, 2014, amended February 1, 2017, amended November 16, 2017, amended May 1, 2019, and shall remain in full force and effect until revised as provided in the CC&Rs or the Residential Design Standards.