ARTICLE VIII.
BUILDING AND DESIGN REGULATIONS
8.1 Square Footage/Height/Setback Requirements. Any Dwelling Unit erected wholly or partially on any Lot shall contain a minimum
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living area in the main structure, exclusive of garages, basements, porches, patios, decks, overhangs, terraces, or other unfinished living areas, of 3200 square feet. All exterior surfaces of any building shall be of materials and of a door approved by the Architectural Control Committee. All Dwelling Units and outbuildings shall have tile, Permatek® (Remove and add stone coated steel) or cedar shake shingle roofs unless otherwise approved by the Architectural Control Committee. A minimum three (3) car garage shall be required, and shall be at least twenty (20) feet deep and twenty-five (25) feet wide and contain a minimum of five hundred (500) square feet. Garage doors shall not open toward the street except with the consent of the Architectural Control Committee. No building shall exceed thirty-five (35) feet in height as measured from the highest natural ground level adjacent to such building to the highest point of the ridge line of such building unless approved by the Architectural Control Committee. The Architectural Control Committee reserves the right to require a smaller house on such Lot as it deems necessary to preserve views of surrounding neighbors. No building shall be erected or maintained on any Lot nearer than forty (40) feet from the front Property line of said Lot and no building shall be erected or maintained on any Lot, nearer than twenty-five (25) feet from any side or rear Lot line. If any dispute arises as to what constitutes a front, rear or side line, the decision of the Architectural Control Committee shall be final; however, said decision must be consistent with any ruling of the County of Arapahoe.
8.2 Professional Review of Certain Matters. The Architectural Control Committee shall not approve the construction of any dam or any lake, pond, or pool without a watertight liner or of any redirection of natural surface drainage channels, in each case without having first received the opinion of a licensed engineer or geologist that such work will have no material adverse effects on the stability of the lands within the Property or on subsurface drainages, wells, or springs within the Property; nor shall the Committee approve of the construction of any Dwelling Unit without having received the specific recommendations of a licensed engineer or geologist as to the bearing capacity of soils and the general suitability of the site for construction. The cost of obtaining any such opinion or recommendation shall be borne by the party seeking such approval. The Committee may, but need not, accept such opinion or recommendation from a licensed engineer or geologist representing such party. In general, the Committee may require such other professional review of work requiring its approval as it deems appropriate under the circumstances, in each case at the expense of the party seeking the approval.
8.3 Trees, Garden Areas, and Landscaping. The initial, basic landscaping plan shall include, for each Lot, at a minimum, six evergreen trees, each with a minimum height of eight feet (8’) and six (6) deciduous trees, each with a minimum caliper of one inch (1”). Such initial landscaping plan shall be completed, in
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accordance with the Architectural Control Committee’s approval, within nine (9) months after a Dwelling is initially occupied. Should this not occur, a monthly fee, as determined by the Architectural Control Committee, will be assessed against the Lot until such time as the required landscaping work is completed. Such fines shall be accrue after submission to the Owner of written notification by certified mail, return receipt requested or by hand delivery with receipt. Those fines shall constitute a Compliance Assessment in accordance with Article V, Section 5.5 hereof. No living tree or trees, whether now or hereafter grown upon any part of the Property, shall be cut down without the prior written approval of the Architectural Control Committee; provided, however, that this restriction shall not apply unless such tree is more than 2 inches (2”) in caliper as measured one fool (1’) above grade, and provided further that this restriction shall not be construed to limit in any way reasonable trimming of any trees within the Property. A family garden not to exceed one thousand (1,000) square feet is permissible, but no additional ground shall be broken for farming purposes. If outdoor lighting or awnings are to be installed on any building or structure, the proposed landscaping plan must contain the location and specifications for same. Prior to commencement of any construction of any fence, screening wall, retaining wall, arbor, gazebo, patio cover, hot tub, jacuzzi, roof, other permanent addition or landscaping, and prior to any planting of trees or shrubs, written approval of the Architectural Control Committee shall be obtained in accordance with Article VII, Section 7.2 hereof. All landscaping improvements, )except for initial landscaping improvements, as specified above), shall be completed within three (3) years after approval of plans by the Architectural Control Committee, or the Plan must be resubmitted to the Architectural Control Committee for reconsideration. All Lots shall be carefully maintained and kept free from plants infected with noxious insects or plant diseases which, in the opinion of the Architectural Control Committee, are likely to spread to other properties.
8.4 Domestic Water Wells/ Water Rights. In accordance with the Colorado Division of Water Resources’ specifications for Chenango, Chenango wells may not be used to fill ponds, pools or lakes. Individual domestic wells drilled into the Dawson Formation must be used for barn and in-house purposes and may not be utilized to irrigate more than four thousand (4000) square feet of lawn and garden area, wells must be drilled into the Denver Formation and each well may not be utilized to irrigate more that twelve thousand five hundred (12,5000) square feet of lawn and garden area. Trees and other drip irrigation areas shall not be considered as or included in lawn or garden areas. No water rights may be sold or conveyed to any Owner (except to the purchaser of the Owner’s Lot) without the Association’s prior written consent.
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8.5 Surface Water. All surface drainage, whether offsite or onsite, shall be permitted to freely pass through all Lots as required in order to reach its natural destination. All natural drainage ways shall be maintained in their existing condition and/ or capacity. No primary or secondary structures, fences, or other obstructions will be allowed within the 100 year old flood limits as shown on file with Arapahoe County. Any rechannelization or regrading of Lots shall be such that the historic draining route is not realigned so as not to cause possible problems with the adjacent Property owners. No material change may be made in the ground level, slope pitch or draining patterns of any Lot as fixed by the original finish grading except after first obtaining the prior written approval of the Architectural Control Committee. Grading shall be maintained at all times so as to protect foundations and footings from excess moisture.
All downspouts from gutters must have an extension or a splash block at the bottom, carried out from the wall of the Dwelling Unit at least 5 feet (5’) to provide positive drainage away from the Dwelling Unit. Said extensions or splash boxes are to be installed simultaneously with the downspout.
8.6 Fences. In order to preserve the existing natural quality and aesthetics of the Property, no fences will be erected including dog runs or construction fences unless approved in writing by the Architectural Control Committee. Three rail split rail fences shall be acceptable after location of the proposed fence is approved by the Committee. No barbed wire, snow, chain, lodge pole, peeled post and rail, steel T-Post and wire or chain link fences will be permitted. Vinyl clad chain link fences around tennis courts and special fencing required to comply with the Arapahoe County regulations for swimming pools must be submitted to the Architectural Control Committee for review and approval. The Architectural Control Committee shall have discretion to require that any fences be constructed in such a manner as to be as invisible as possible to neighboring Lots. Fencing for pets may be constructed by attaching a woven wire material approved by the Architectural Control Committee to split three rail fencing, below the top railing, after approval of the fencing plan has been obtained from the Architectural Control Committee.
8.7 Antennas. No exterior radio, short wave, television satellite dish, or other type of antenna shall be installed unless approved by the Architectural Control Committee. Satellite dish requests must be submitted with a landscaping plan which shall include sufficient evergreens to screen the dish from adjacent Lots, excluding southern exposures.
8.8 Tanks. No propane, water, or other tanks which extend above ground shall be erected, placed or permitted on any Lot.
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8.9 Septic Tanks. Unless otherwise approved by the Architectural Control Committee, no septic tanks or field systems shall be nearer than forty feet to the Lot lines of any Lot.
8.10 Commencement/ Completion of Construction. Before any construction or landscaping may be commenced upon any Lot in the Property, written approval of the plans by the Architectural Control Committee pursuant to Article VII, Section 7.7, and all applicable building permits must be obtained. Construction of any buildings or any other structures must be completed within eighteen (18) months of the date of the Architectural Control Committee approval, or the Plans shall be re-submitted to the Architectural Control Committee for re-approval. No Dwelling Units shall be occupied unless and until a certificate of occupancy has been obtained for the same from the appropriate County (Change to City of Centennial) building department. Landscape improvements must be completed within three (3 ) years after the date of (Change to City of Centennial) approval, except that the initial landscape improvements, as specified in Article VIII, Section 8.3 above, must be completed within in (9) months of the date of initial occupancy of the Dwelling Unit.
8.11 Modification to Design Regulations / Additional Design Regulations. The Architectural Control Committee may promulgate and distribute to the Owners of Lots within the Property additional, specific design regulations for construction and improvement of Dwelling Units upon the Lots. None of the design regulations shall conflict with the provisions of this Declaration. The terms and conditions of this Article VIII may be amended by a majority vote of the Members of the Architectural Control Committee, a majority vote of the Members of the Board of Directors and by not less that fifty-one (51%) percent of the record Owners of Lots in the Property.