CUMBEFTLAND GHHEN DESIGN GUIDELINES - HULES AND REGULATIONS First lssue Date: October 10,2006 TABLE OF CONTENTS Contents lntroduction Purpose of Master Declaration Design Guidelines Design Review Procedures.......... '..........4 Submission of Drawings and PlanslArchitectural Plan Review Landscape Plan and Other Site lmprovements Review Revisions and Additions to Approved Plans Review Action by Design Review Committee Failure of Committee to Act on Plans Completion of lmprovement(s) with Approval Review of Work in Progress and/or Completion of Work Enforcement Rights of Appeal by Applicant Effect of Governmental and Other Regulations Administration of Design Guidelines.,......... 7 Variances 7 Revisions to Design Guidelines 7 Landscape Standards."... ...............8 General B Water Conservation Landscape lrrigation Landscape Maintenance F.ront and Side Yard Landscaping FIear Yard Landscaping Plant Materials I Landscape Materials I General Site lmprovements. .........'..,.11 Page 4 4 4 tr 5 6 6 6 6 6 7 7 7 B B B B I Accessory Structures Arbors and Trellises Awnings, Patio Covers, and Shutters Basketball Hoops Dog Houses and Dog Runs Exterior Lighting \\oakwoodfsllerab$\[{y Documents\Cc Design Guidelhes l0 I0 06.doc -1- 11 11 11 11 11 12
Transcript
CUMBEFTLAND GHHENDESIGN GUIDELINES - HULES AND REGULATIONS
First lssue Date: October 10,2006
TABLE OF CONTENTS
Contents
lntroductionPurpose of Master DeclarationDesign GuidelinesDesign Review Procedures.......... '..........4
Submission of Drawings and PlanslArchitectural Plan ReviewLandscape Plan and Other Site lmprovements ReviewRevisions and Additions to Approved PlansReview Action by Design Review CommitteeFailure of Committee to Act on PlansCompletion of lmprovement(s) with ApprovalReview of Work in Progress and/or Completion of WorkEnforcementRights of Appeal by ApplicantEffect of Governmental and Other Regulations
Administration of Design Guidelines.,......... 7Variances 7
Revisions to Design Guidelines 7
Landscape Standards."... ...............8General B
Water ConservationLandscape lrrigationLandscape MaintenanceF.ront and Side Yard LandscapingFIear Yard LandscapingPlant Materials ILandscape Materials I
General Site lmprovements. .........'..,.11
Page
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tr
566666777
B
B
B
B
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Accessory StructuresArbors and TrellisesAwnings, Patio Covers, and ShuttersBasketball HoopsDog Houses and Dog RunsExterior Lighting
CUMBEHLAND GHEENDESIGN GUIDELINES - HULES AND REGULATIONS
I4.BreContents
General Site lmprovements Cont'dExterior Mechanical EquipmentFencing of your yardFlagsGarbage and TrashHoliday Seasonal DecorationsHot Tub/JacuzziMailboxesMaintenance of DrainageMaintenance of FencingMaintenance of Property lmprovementsNo Hazardous ActivitiesNo UnsightlinessPatios, Decks and Paving MaterialPaintinglRepaintingPet FencingPlay ancl Sports EquipmentRecreational and Commercial VehiclesRetaining WallsRoof ReplacemenVRooftop EquipmentSatellite Dishes/AntennaeScreen/Security Doors and WindowsSigns/Address NumbersSolar EquiprnenUSkylightsSwimming PoolsYard OrnamentsVehicle RepairVegetable Gardens
Paoe
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Exhibit ListExhibit A - Recommended and Approved Plant List
Approved Fence StandardsTypical Landscape PlanProeedures for Submitting Design Hevjew Applications
ign Review Applicationand lnspection Application
y Docrune4ulC6 Desigrt Guidclines. t0 10 06.doe
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CUMBEHLANN GREENDESIGN GUIDELINES - HULE$ AND REGULATIONS
Introduction
Cumberland Grean is a planned community located in the City of Fountain,Colorado. The Cumberland Green Metropolitan District (hereafter referred to as"CGMD') will evaluate homeowner design applications, to make sure they are consistentwith the vision for Cumberland Green as described in ihe Master Declaration olCovenants, Conditions, and Restrictions for Cumberland Green.
Purpose of the,Ma$ter Declaration
The Master Declaration is executed to (a) lurther a common and generalplan forthe Cornmr"rnity Area, (b) enhance and protect the quality, value, aesthetic nalur6,desirability, and atlractiveness of tl:re Community Area, (c) provide a mechanism toreview additions and changes to commercial and residential structures located withinthe Corrrmunity Area, (d) provide a mechanism, for the enforcement of the provisions ofthe Master Declaration, and (e) define certain duties, powers, and rights of Owners ofSites within the Community Area.
Design Guidelines
Compliance with these guidelines will help preserve the inherent architecturaland aosthetic quality of CUMBEHLAND GHEEN, lt is important that improvements toany property be made in harrnony with and not detrimenlal to, the rest of thecommunity. A spir:it ol cooperation with the District and its neighbors will go far increating an optimum environment, which willbenefit allhomeowners and the communityas a whole. Sy following these Design Guidelines and obtaining approvals forimprovernents to your property fronr the Design Fleview Committee,{hereafter referredto as the "Committee"), homeowners will be protecting lheir financial investrnent and willhelp make sure that the improvements to their property are compatible with standardsestablished for Cumberland Green.
Design Review Procedures
All site inrprovements, including, but not limited to, walks, fencing, patios, lighting,landscaping, or other exterior improvements, are subject lo review under tlrese DesignGuidelines. Unless otheryyise specifically stated herein, drawings and/or plans for theproposed inrprovement(s) must be submitted to the Committee and ryrittqn gprrqvalmust be obtained hgfg& the improvements are nrade.
Submission sf Srawings and Flans and Arehitsctural Plan Review
For major improvements, such as room additions, remodels, structural changesor accessory building eonstruction, ths Owner must submit to the,Cornmittge two sets ofconstruction docurnents that include the lollowing to a scale of Y*" * 1':
r Architectural elevations (front, side, and rear), indicating typical proposedgrade lines, finished floor elevations, top of slab elevations, and building heightcalculations
r l:loor ;;lans, irrclr':jiit$ square footage for each floor. Hoof plans indicating piiches, ridges, etc.. lndicalion of all proposed exterior malerials. Exterior details. Any other proposed improvernents (i.e, decks, awnings, hot tubs, etc.)r $amples of alllinished exterior materials and colors. Specifications or catalog sheets for exlerior lighting
Landscape Plans and Other $ite lmprovements Heview
Approygl" rpust be obtained prior to installatiqn gfugny landscap[6g or any other*i1*::,lfirliii ?$. Sffiinc;iuding, but not'iimitod'tb, dog rijns, play eQuipmdnt, fencing, siteti$hiirig;'ga{ios, etc. The materials to be submitted should b'e professionally prepared byan architect, landscape architect, or draftsman. lf plans are nct prepared professionally,plans must be drawn to scale and must have sulficient detail to permil a cornprehensivereview by the Committee.
The following guidelines should be utilized in preparing drawings or plansr
The drawing or plan must be done at a scale of 1" = 10'and should depict theproperty lines of the owner's lot and the footprint of the home as located on the lot.Existing improvements, in addition to ihe owner's home, should be shown on thedrawing and identified. (See Appendix C)
All proposed plant locations, lypes, quantities and sizes and the location of turfand other ground cover materials slrould be shown on the plan and labeled. The ptan
should exhibii grading and layout of all additional landscape irnprovements such asb6rrns, walks, and structures.
Plans for any other site improvements, such as play/sports equipment, dog runs,hot tubs, trellises, retaining walls, fencing, lighting, etc. mu$t be shown on the plan witha descriplion of tlre proposed improvement, including the materials and colors to beused, ln the case of structural improvements (l.e,, gazebo, {ence, trellises, elc.), anelevation drawing to scale af the proposed improvement is also required.
Any revisions and/or additions to the approved Architectural or Landscape Plansmade by the ownsr or as required by any.governmental agency must be resubmitted forapproval by the Conrnrittee. The revised plans must follow the requiremenls as outlinedabove.
Fleview Action by the Design Review Comnrittee
The Design Review Committee will meet regularly to review all plans submiHedfor approval. The Commiltee may require the subrnission of additional material and maypostpone action and review' until all required materials have been submitted. TheCommittee will contact the homeowner in writing if the Committee feels additionalinformation is necessary. The Committee will act on the plans within 30 days afterree*ipt sf all malerials required by the Committee {unless the time is extended bywritten, mutual agreement). A written response of the decision by the Committee will besent ta the homeov(ner by mail within 5 days of the Committee's decision. TheCommittee may extend the time frame up to an additional 15 days upon notification olthe applicant. The Comrnittee will not return submittal plans, but may relurn materialsamples at its sole discretion.
Failure of the Commlttee to Act on Plans
Any request for approval of a proposed irnprovement must be deemed approved,tinless disapproval or a request for additional information or materials is transmitted tothe Applicant by the Committee within 30 days after the date of receipt by theCommittee of all required materials,
Completion of lmprovement(s) With Approval
After approval of any proposed improvement, the improvement(s) must beaccomplished as prornptly and diligently as possible. Failure to complete the prCIposedimprovements within 12 months after the date of approval or such period of extension ofthe initial 12-msnth period as specified in writing by the Committee must constitutenoncompliance with the requirements for approval,
Review of Work in Progrees and/or Completion of Work
The Committee may review all work in progress and/or at completion of work tothe extent required to ensure that the improvement(s) complios witlt all approved plansancl/or construction procedures" Please be sure to follow the Procedures for SubmittingDesign Review Applications, which has been included in your Design Guidelinespacket. lf you do not have the application materials, please contact CGMD or yourCommunily Manager to get a copy. The Committee may withdraw approval of any
ilrnj.r* !l th* a"pprovnr"l llen i* nr:t being followed.
As provided in the Master Declaration, CGMD has the primary authority toenforce the provisions of these Design Guidelines. lf an owner fails to perform or
observe any covenant, condition, ctr roquirernent imposed by CGMD or these Design
Guidelines, CGMD and/or Committee may notily the owner of the noncompliance as
described in the Master Declaration and proceed in the manner set forth therein and inthese Design Guidelines.
Rights of Appeal by Applicant
Pursuant to Section 6.7 of the Master Declaration, the decision of the Design
Review Committee is linal in all respecls, and an applicant does not have the right toappeal a decision of the Design Review Committee to the Board of Directors of the
District.
Effect of Governmental and Other Hegulations
Approval of plans by the Committee does not constitute compliance with the
requirements of local, zoning, health, safety or fire codes or other applicable law, as
determined by such governmentaland/or regulatory agencies, and it is the responsibilityof each owner to comply with such requirements.
Administration of Design Guidelines
It is the responsibility of the Gommittee to insure that all proposed improvementsmeet or exceed the requirements of these Design Guidelines and to promote thelrighest quality design for the neighborhood. Specific duties and powers of lhe
Committee are defined in the Master Declaration ol Covenants, Conditions, and
Restrictions for Cumberland Green.
Variances
At its sole discretion, the Committee may grant variances from compliance withany of the provisions of these Design Guidelines when circumstances such as
topography, natural obstructions, hardship, aesthetic, or environmental consideralionsmay require.
Revisions to Design Guidelines
The Committee reserves the right to revise these Design Guidelines from time totime as changing conditions and/or priorities dictate.
Thq landscapingrfor each lot should include substantial live pl4nts ir1,$"e front.yard'of eeich home,' landscape screening where necessary to provide privaCy, and lawn
and shrub bed* that bl*nd into adlaeent properties'
Water Conservation
ln the landscaping of each residential site, plant malerials, irrigation systems and
maintenance practices must be utilized to conserve water, wherever possible,.lt shouldbe noted that if Xeriscape landscaping is selecled, a more traditional "green"
appearance can still be achieved. Xeriscape uses much less water than typical
suburban residential landscape, but it does not msan that large areas of river rock or
mulch will be allowed in place o{ green, growing plant material. Please refer to the end
of this Design Guideline packet for a listing oi approved plant materials for CumberlandGreen.
Landscape lrrigation
watsr to the maximum extent practicable while still rnaintaining landseaping in an
attractive, green and growing condition. Turf areas rnust be zoned separately from
be defqyq{,,until, tlre fq,f lowing,rt#!$$$$.} l&$h*U}d:14,:,}ontearyg@,tV'9qmglet,lQ,,,*€rnini*riui&n*;Apht,,, ti flifit',.6 a.xei"'"ilnio"'ira,me,''thle'' eiriowsd furtus wiJI be
advancediby CGMO {foin the dats Advanesd until'lhs date repaid.
Reaf Yard Landseaping ,:..
ftea.r yard landscaping:filuEi:b6, inslalled wilhin 90 days of occupancy, unless the
home iS'iirai'occupied betwden Octobei 1*t a6O March 31*1,:wherg completion could be
delayed until the ioltowing July 1't. Like the front and side yard landscaping, lhe rear
yard'landscaping will be subject to the same general Design Guldelines as described
above.
Flant Materials
A minimum of one dqtiduout..Qhade lree, one tlowgli[]g.ollafienl3lilr9e, q1"9, ne
evergreen tree must be planted in ttre front yard. The deciduous tree must be aminimUrn ai.':2:1/r inc.tr, iafiper at ihe ,time of installaiian an* the lloweriDg,,orna$$ntaltree muli:'6*-,,e,, inctr _c?lip-gf= f lnjmum. a1 timerofi il$taliation. The evergreen tiee size
Mulch may include crushed or rounded gravet, shreddod wood, or bark native to*Coloraelo. U.nnatural or high contra$ting eolor:mulch witl be prohibitad and earthtonW
. j colors will belencouraged. Weed baniers are r*quired under all bark or gravel rnulch.
Allirees must be staked or guyed ueing metalT-post or wood lodge pole stakessl ...si$,!'Guy wires must be maintained by the r'omeorroner to keap all newly Blanted trees set$Kplumb'.
Boulders used in landscaping must be native to Colorado and must be approvedby the Committee.
&en*rel Siitc Imprcvsmsnts for CUMBERLAND GREIIh{ Lots
Accessory Structures
. AridegSn&:slrUcturdgi:,:$uQh':ag,,storage sheds, gazabcs; &fldr,srsen':nouseqa$!!ibe located in'tne.fear-yarcl hnd must adhere to the general design guidelines outlined
below. Requests toi approval will be reviewed on a case'by.case basis, taking into
account tnl tot size, 'square
footage of the home, and proposed location of the
accessory buitding. The accessory stiucture cannol exceed 80 square leet in size and Ifeei in hight, ldeitly, storage sniOs musl be located in areas that are not visible from
open space, recreational aieas, or public streets. lt is important that the massing and
scale, as well a$ forms, materials, and other detailing be coordinated with the main
structtrre(s) on the home site. Gazebos must be an integral part of the landscape plan.
Greenhouse structure approval will be based on, but nol limited lo, the general
aesthetics, quality, and permanence of materials used. No carports or prefabricated
meial sheds will be allowed,
Arbors and Trellises
Comrnittee approval is required prior to installation of any plo!9sed -ailqr
or
trellis, Ths,,i$iUe;h.eighl of, alproposed arbor or tr6lli$ rfiu$t not exce6-d S'foet; 6 ,in$h*sifi
Arbors mr]si'6e comilementary'to'the residence. Professionally prepared plans for
Arbors are highly encouraged to expedite the approval process; otherwise, a
photograph or catalog picture must be provided. All City o{ Fountain and the Pikes
Peak Regional Building codes must be followed.
Awni n gs/Patio C oversl$h utters
Awning, patio covers, and shutter colors must be complimentary to the exterior
color oi'ihb"T6me., Patio covers must be structured of wood or material generally
complementary to the home gnd be siqli.lar:or complementary in color'. $$pptrrtli$6$t*,'{8}pallo,etitcig:milsttbe a minimum of $"'N:'6't in $ize. r'
Basketball Hoops (portable and permanent)
Dog HouseslDog Runs
The Committee may allow dog housesreviewed on a ca$e-by-case basis. The locationwill be determined with consideration given to
and/or dog runs and these willand size of the dog house or dogits impact on adiacent ProPerties
berunand
I1
street$. *Er,grglle,*gghou*es mg$Lfp] exceed 4 leei in heigltt and m.g*'t,b.9.f3gt*ib$.with the *'6iffi iiiTffiArial and:.*dW#$gg 1un qrgag .shglld'nol exeeed eCIo''*q*ai6.tust3
in size an$ th* fcn*e heigl'rt shouid'nofstseed s {sstffiIhe dog run fencing should be
located immediately adiaCent to the home and be compatible with the hg*? in ma.telal ,,.,
and color. The use of chain-link fencing is strongly discouraged, but if it is used, th0'i''11.
Owner must fully $creen the dog run from adjacent properties, streets, and open space
using the privacnfencing detail outlined for the Community. 'fhe siandard privacy fence
detail has been included in the back of these Design Guidelines.
W,bighlinsEComrnittee approval is required prior to changing or adding exterior lighting. ln
reviewing lighting r-equests, the Cornmittee will consider the visibility, style, location and
quality oi tne lighting fixtures. Exterior lighting for security andior other uses must be
directed towardi the ground whereby the light cone stays within the property boundaries
and the light source does not cast a glare onto adiacent prcperties.
Exterior Mechanical EquiPment
No exterior mechanical equipment may be elgcled on any residential.site without
the specific appr:oval of the Cornmittee. Grcp,g.,ievsl ahdrwindoryrair qqldiligl$.$"S<t$. *inelLldlqgr -o,1grs' mu$.bgjpgtalled.ril street levelonly'.:$gle=$u$t'b6'16tifib$ $i
in ardi#tii:reaivarcj,eno rnuii be $re6ii&iii6iii'auim$nt properties ;
Fencing of your yard
Each owner must be responsible for installing, maintaining, repairing, and
replacing, in a reasonably attractive manner, any fence located on such owner's site per
the enclosed fence standards. Any owner constructing, erecting, installing, modifying, or
replacing a tence must obtain the prior approval of i!_e .93mm!tle9 in accordance with ,tthe Master Declaration and Design Standards. Olraln'link&nab along the side or,16&r '
yard ol a.hsme is strictly prohibited. (See Appendix B - Approved Fence Detail)
Flags
Committee approval is required for permanent flagpoles. Committee approval is
not required for flying the U.$. or Colorado flag from brackets attached to houses or
temporary flagpoles. becorative flags or banners must be kept in good repair. Limil ofl€ - r
llag per home.
Garbage and Trash
No garbags, tra$h, lumber, grass or shrub clippings, plant waste, compost, metal,
bulk materials, scrap, or debris ol any kind will allowed to be stored or to accumulate on
any site. All trash containers musl have a cover that is resistant to animals and be kept
within an enclosed structure. The container may be placed at the curb at such times as
rnay be l'lecessary to permit garbage and trash pickup. Trash containers may not bqprAi$b',at'the curb ,prro{',,,1b-,7,9,*.r,the evelinq. bg{arb:''.collgQiion axd 611bi'b(.;r'iettiihod.ta,ttre sncloseai'siiuiturerih* tlay- of 9o.!!96lionr.[Neq$,to dg,terrning 1?*!piek-up specifics lor ,Fcurlpit:J , liash|"i0llk:tjp.,iil,l't$-t1,l''up'.16 ''lhe''individual''irgmg,iwners,. fhele is ni tia$hlplof;up service by tlie.Oity of'Fountain'
f"toliday & $easonal Decorations
Reasonable holiday/seasonal decorations an#or lighting do . not requir!
i11
Committee approval it f.tg,*f*ll,g,, g;;Bl9;l,ill$,!6-l!ed not rndre than:,S weeks prior and '::
rem$ved.within 2 weeks ?ftff.l$uch liollday. f
I Hat irtb$,l*I*;ueu i iil
Hot tubs and Jacuzzis must be designed as an integral part of the deck or palio
area and must.be rlocated inJhg.gido ,or:I-nr vqrd area,.They must be installed in such a
*avtnaitnei,arenot.linxaoiai@[r9ryr!VoWl1*'I6lors$.r:eqnad$lfuf!{qq*Wg br privaiy ie,r:i*e iii,,siieh a mannsr that affofd$ botfi harygowners' ad*quater::
$ii,i$Hff:-Ttie uie of the hot tlib/Jaiuzzi cannot create an unreasonable level of noise for
adjacent property owners.
Mailboxes
Hequirecl Cluster Mailboxes will be builtcommunity design guidelines and the United States
Maintenance of Drainage
All Owners of real property within lhe Community Area will be responsible tor
rngintfinfng-the edtabtished drainage pattern'.on such real property*jn accordance with
the'$radihi pian provided to the Owner at the tirne of closing, Please refer to your
Drainage Certificate for details.
Maintenance of Fencing
Each owner of a site will be responsible lor maintaining, repairing, and replacing,
in a reasonably attractive manner, any fence located on the owner's site, unless the
fence is to be maintained bY CGMD.
Maintenance of Property lmprovements
No property within Cumberland Green musi be permitted to fatl into disrepair and
all property within Cumberland Green, including any lmprovements upon that property
(i,e, landsiaping, patios, fencing), must be kept and maintained in a clean, safe, and
attractive condition,
\\oakwoodfs I \ mab$Wy Documenls\CG Desi gn Guidclines I o 1O 06-doc
-13-
in accordance with the aPProvedPostalService.
Ns Hazardous Activities
No activity may be conducted on and noany propsrty within Cumberland Green that is orperson or ProPertY.
:-
No Unsightliness
includingin actuai
other. similar colors. "
other bri
;ilil;;;:q"tr. oo*@to match the body colorof the home.
Pet Fencing
pet fencing may include any invisible fence on or within the perimeter boundary
of an owner's site pei the enclosed fencing standards. Also re{er to dog housesldog
runs for additional information and restrictions.
Play and SPorts EquiPment
play equipment must be located in the rear yard and set baek a minimum of 5
feet from"the'property lines. Consideration must be given in the location 9t pl?y
equipment so as io not create an undue disturbance on neighboring propedies- Noi|i
plinyb,:ounA equipment above 6 feet in heigh$ as me?s.ured from the rear ground level
io,ii or porch of any home built on any Residential Site, can be erectgd on..3nY,.
Residential Site within tf'* Co*munity Area wiihout the pliqr qpp,r{y€i,€"! the'e$.lr?ittgerrplayhougeE lalggr:rthan 30 squars leet and 'hifher than 6 ieei'will bo reviewed on *,.,,
the ,main::hou*e structr:&. Natural,:;,vb*.nr...)eii6R${65if'ba.,#tilW,.,fmXly-:fff6"i'dfiifird'it,ffiiht, tr is ah*,'ii*A'i$*iaioeo thar paving maieriais be earth tone colors'
..
Faip.ting/Repainting
Committee approval is required for all exterior painting or repainting of the hgme .
and accessory imprivements. All ,exterior finishes including front doors and shutlers l:
sh*uld be subdueO oartn toneg',i$uch as grey, green, brown, muted blues or reds, or
Flecreational and Commercial Vehicles
,,,N -,somrnerciel,"vehicle, house trailer, camper, camping trailer, molor home,
horse traitdr,'b'oat,' hauling trailer ol any nature, truck larger than 3/ ton, self containedrecreationat vehicle (comrnonly relerred lo as an "RV"), snowmobile, jet'ski, motocross
motorcyclc, 'il'lrc*-ir,,ix:*l*r, Lli rrlh*r recreational equipment or vehiglg-associated
accessory cgg,,bs, palkqd qn any portionrol th6,oCImmunlly l0ng*rthan {& hours in any,
2-week period. ,;il
Retaining Walls
Retaining wall materials must be compatible with the color and style of the.lofg,Materials may include boulders, stone, brick or modular eoncrete block. Walls within lots
should not eiceed 3 feet in height. Wallq shc&rld nqt obEtruct or q{y*{Sqlv a{f93t existing
drainaqe patterns.
Roof ReplacemenURooftop Equipment
Committee approval is required if roof material or color is changed. Roo{ing eolor
should be complementary to other colors on the home. Air conditioning units must be
ground mounted.
Satellite Dishes/Antennae
Satellite dishes and antennae must be carefully located and screened to
minimize visibility from any public streets, public open spaces, or adjacent homes and
should be no larger than one meter or less in diameter. To the extent feasible, the
satellite dishlantehnae should be ptaced in the rear or side yard area. Antennae for
shor-t wave or l*lAM radio operation are prohibited unless it can be demonstrated thal
said antennae can be screened from view similar to a satellite dish.
Screenl$ecurity Doors and Windows
Committee approval is nol required for the addition of screen doors or storm
windows added to a horne if the material and color matches, or is similar lo, existing
doors and windows on the home.
Signs/Address Numbers
Temporary signs advertising property for sale or lease (i.e. typical and customary
real estate rign) may be installed on a lot without Committee approval, provided there is
no more than orre sign per totl; Atl lrado $igns,ryhich include, but are not limited to,
landscaping, painting, remodeling, etc. may only be displayed while work i$ in progress Iand must be removbd upon completion oi the job. All other signs, including address
numbers and nameplate signs, must be approved by the Commiitee.
Solar equipment and skylights must be designed as an integral part of the roof"
Skylight glazing musl be clear, solar bronze, or white.
$wimming Po*ls
Requests for swimming pools will be reviewed on a case-by-case basis by the,
Committee with consideration given to, but not necessarily limited to, the size of the'
)rard a.rea, sethack from impacl on neighboring properties, size of pool enclosure, andpool materials. Aboyegroun{ pools are not-allqggd" *All City of Fountain and/or Pikes
Peak Regional Buiiding Depahment and fi pario County Health Departrnent permits
must be obtaineO by the homeowner prior to plan review by the Committee.
Yard Ornaments
Permanent yard ornaments in front yards or yards adjacent to public CIpen spaceor streets, including, but not limited to, fountains, sculpture, statues, wagon wheels,
driftwood,'b!rdp.q!h{r,qtc., wil! require approval by the Committee' Yqr:d,prnamentsi,lo0at6'd in iltfi p.{ro,ii.ttyard,rare diseou raged,,r
Velricle Repair
Maintenance (other than washing and polishing vehicles), servicing, repair,
dismantlingi or repainting of any type vehicle, boat, lrailer, machine, etc. cannot be
carried on upon any residential site, except within a completely enclosed structure thatscreeRs the sight and sound of the activity.
Vegetable Gardens
Vegetable gardens must be located in either the rear or side yards. Gardensmust be screened from neighboring homes, common open space areas, and adjacentstreets.
Enforcement of covenants, Limitations anel Hestrlctione
It benefits all homeowners in Cumberland Green to establish Design Guidelines,
fiul*s *ncl Rnili,i,;1'Lr,'; to promote the common good and enioyment of tho
horneowners' lnvestments, protect properly values, and maintain a pleasant living
environment, Fursuant to the Documents and $ection 32,1-1001 (1Xi) C.n.$., failure to
adhere to the Hules and Flegulations as outlined in the Documents may result in
monetary penalties, or $uspension of any services provided by CG{D. Furthermore,
the hom-eowner may also be held responsible for eosts incurred by CGMD to resolve
the issue such as, but ,not limited io, legal expenses. By statute and the legal
documents, unpaid penalties are a first tien on the property in question and may be
toreclosed through judicial proceedings.
l.*,Nbtice of Yiolatlon'f;aurte*y
',$rd,Notiee of Violatlfn *$$0.00 Fenqlty '.,'
' ': The third notice to the homeowner will state that the alleged violation has not
been corrected and that a penalty of $50.00 has been imposed. The homeowner will be
given notice that a $100.00 penalty will be imposed if the alleged violation is not
iorr,ected within 14 days. Covenani violqIons canrlot be appealed' However, if a
'ho**o*nerdisagreeswith(suchas.late,unapprovedar inappropriate landscaping), ihen lhe homeowner can appeal in writing to lhe
Commitiee within 10 days of receipf of notice. The Committee will set a date when the
homeowner can be heard to review the issue.
dh Hotice of Violatian -$100.00 Penalty' ii
The fourth notice to the homeowner: will state that that the alleged violation has
not been corrected and that a penalty of $100.00 has been imposed. The homeowner
will be given notice that (a) subsequent penalties of $100.00 will be imposed every 14
days uitit the alleged vioiaiion is corrected and (b) homeowner may be responsible for
all costs incurred by CGMD to resolve the issue, including, but not limited to, fines, fees,
liens, and legalfees.
\oakwctodfsl\ierab$\lv{y Docurnents\C0 Design Cuidelines 1o lO O6'doc
Th* firsi natice to the horylpCI*nef wil! give the nalure of .the alleged violation and ;,i,r
wit!:aontl*I:aiie,qq*Xt:fbi:dffitlfi&iffiminrt$.days ot the written nolice',ti
2nd Notice ol Violation - Fine Warning r:
-17 -
,4,**:13&1
Notwithsianding the {oregoing, il the Committee beligves that the property has si'been abandonad, is iaeant, is-in f6reclo*ur6, or tho violation will esntinue without a
*,-"rgassnahls prorpect that a rernedy is immincnt, then the Oommitteg may (a) accelerdte ;61s*'
the perioA for notifieaiisns hereunder, (b) record stalem,entg af lie.1 .(,e) atherwise S
**r|lu* ifio sett help provisions avaitaUrte under the$$ Destgn' Guidelines and .the "*ili
Covenante, or {d) turn the matter over to the Committee's logal counselfor appropriate .$legal action. i,,,ir:"
Declaration - means the Master Declaration of Covenants, Conditions and
Restrictions for Cumbertand Green, as it may be amended or supplemented from time
to tir-l'rc.
Design Guidelines, Rules, and Regulations - means any instrument adopted
by the Declarant for the purpose of establishing guidelines, rules, regulations, and
piocedures relating to the architectural design, exterior appearance of all dwellings, and
any improvementi or alterations made on any lot. The design guidelines may be
amended or supplemented from time to time.
Design Standards - means the origu'ral Cumberland Green Design Standards
dated AdDb+ o, /!0b, which may be amended from time to time by CGMD.
CG - means Cumberland Green
lmprovements to Property - means all structures and any appurtenances
thereto and equiprnent of every type or kind, including, but not limited to, buildings,
outbulldings, swimming pools, patio covers, awnings, painting of any exterior surfaces
of any visinle structure, additions, walkways, outdoor sculptures or artwork, sprinklerpipes, S,a.rages, carports, basketball potes and/or bacl<hoards, playground equipment,itagpotes, r6ads, diiveways, parking areas, fences, screening walls, retaining walls,
staiis, decks, fixtures, landscaping (both organic and non-organic), hedges, windbreaks,plantings, ptanted trees and shrubs, poles, signs, exterior tanks, solar equipment,
antennae, satellite dishes and exterior air conditioning units.
Owner - means the recordecl holder of legal title to the lee simple interest in any
Lot or portion thereof.
penalty Policy - means the Enforcement of Covenants, Limitations and
Restrictions set forth in the Master Declaration for Cumberland Green.
Dcnsign !{eview eommittee - means a committee of members, who need not be
members oflne Board of Directors of CGMD or owners, who are appointed by CGMD toperform design review functions and other functions related to enforcement of the
Master Declaration.
Residential Site - means the real property that is subject to the Master
Declaration.
Cumbertand Green Metropotitan District - means a quasi-public corporation
organized under the laws of the State of Colorado.
PROCEDUHES FOR SUBMITTING DESIGN HEVIEW APPLICATIONS
As stated in the Design Guidelines - Rules and Regulations, pre-approvalis required for ALL external improvements made to your home (i.e. landscape,fence, deck, lrot tub, paint colors, etc.) PFIOR to installation. lt is important thatthis process be followed to ensure and promote design excellence in yourcommunity, and prevent possible fine violations.
1. The initial Design Review Application must be completed and submitteddirectlyto-[attheaddressorfaxnumberlistedontheapplication.
will review all apptications and foruard the2.applications to the Committee for final approval. The Committee will act upon the planswithin 30 days of receipt of a completed application packet.
will contact the homeowner in writing with thedecision on the submitted application. lf your improvement is not approved, you mustresubmit with the necessary revisions (as indicated by the Committee) until you havereceived written approval lrom the Committee
4. Once your improvement is completed, you may then submit the FinalApproval & lnspection Application to . Once submitted,
will conduct an on-site inspection of the improvement.
5. Once does an on-slte inspection of the improvement,you will receive written notification of approval. They will also notify the CumberlandGreen Metropolitan District in writing. The District will notify your Title Company torelease your landscape escrow money and your check will be mailed to your homeaddress usually, within 14 days.
Forward Design Review Applications to:
lf you have any questions, please contact directly atThank you in advance for your cooperation.
Thank You for helping make Cumberland Green a great place to live!
NOTE: Please attach all applicable site plans, and/or floorplans with your application. If additional details
about the project are needed by the ARC you will be notified of the specific information. Incomplete
applications will delay the approval process or potentially result in the denial of your request by the ARC.
Commencement of work on the project cannot start until written approval is granted by the ARC.
Work must be performed by licensed and insured contractors. Prior to approval of the ARC Application, a Certificate (or Certificates) of Insurance must be submitted to the ARC which names the Cumberland Green Metropolitan District (the District) as an additional insured. Exterior improvements will not be approved without proper indemnification of the District. Name of Contractor/Contractors doing the work if applicable:
____________________________________________
License Number of Contractor(s): _________________ Telephone Number(s) of Contractor(s):
from nearest lot line(s) ______________ other ___________
Est. Completion Date: _________________ NOTE: All work must be completed within six (6) months from
date off approval; otherwise the work could be declared a nuisance and/or hazard for neighbors and the
community. If it appears to you that you will not be able to complete the project in the allocated time,
please contact this office to discuss a possible extension.
OWNER’S AFFIDAVIT
I am familiar with the Governing Documents of the Cumberland Green Metropolitan District as applicable to the subject lot and to my knowledge nothing in the proposed improvement/alteration is in violation of them. I represent and warrant that the proposed improvement/alteration will be completed in strict compliance with the Governing Documents. I understand that approval by the Architectural Committee shall in no way be construed as a waiver of modification of the Governing Documents. I represent and warrant that the proposed improvement/alteration will be in conformity and harmony of external design and location to the surrounding structures and topography, and that the quality of workmanship and materials involved will be in conformity with that of the existing structure. I understand that it is my responsibility to conform to any city, county, state, federal, or other agency building codes and ordinances that may apply to this improvement/alteration and that approval by the Architectural Committee shall in no way be construed as a waiver as such. I agree that no construction or other work on this improvement/alteration shall commence until I have received the written approval from the Architectural Committee. I understand that the Architectural Committee will act on this request as quickly as possible and contact me regarding their decision. I understand that the ARC may share this application (or portions thereof) with my neighbors and solicit their input which may be taken into consideration.
3
CONDITION OF APPROVAL AND DISCLAIMER
Unless specifically agreed otherwise in writing by the Board of Directors, approval of the
submitted plans is expressly conditioned upon the owner agreeing to assume the cost for any
additional maintenance directly or indirectly caused by the proposed modification(s),
addition(s) or improvement(s).
During the approval process, the District may require that its architect, landscape consultant,
attorney, contractor, etc., review the proposed plans. SUCH REVIEWS ARE VERY LIMITED
IN SCOPE AND MAY NOT BE RELIED UPON BY THE OWNER TO ENSURE
CORRECTNESS OF PLANS FROM EITHER A LEGAL, ARCHITECTURAL, STRUCTURAL,
ENGINEERING, LANDSCAPING, ETC., STANDPOINT.
The applicant FURTHER AGREES AND REPRESENTS that, as a condition of submittal, they
independently reviewed and confirmed that the proposed plans are correct for a legal,
structural, architecture, engineering, and/or landscaping standpoint and will not in any way,
other than that which has been disclosed in the application, negatively impact the District or
cause damage or additional maintenance to District-owned land and/or District maintained
property.
The applicant FURTHER AGREES AND REPRESENTS that the applicant has complied with all
applicable Federal, State, County and City laws and ordinances and has obtained all necessary
permits in connection with the proposed plans. Applicant further agrees to send copies of all
permits to the District prior to the actual implementation of the proposed plans.
SUBMITTAL
Please submit your Architectural Review Application via email to:
