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Building Scheme

1. DEFINITIONS
   (a) "Developer" means 704315 BC LTD. and includes its assigns and successors.
   (b) “Lot” means any of the 58 residential building lots, in whatever phase, intended to be created by subdivision of the Land, and “Lots” has a corresponding meaning.
   (c) Purchasers and their successors in title of the Lots are subject to this Building Scheme and are hereinafter referred to as the "Owner" or "Owners".
2. DELEGATION
   
   (a) The Developer may appoint in writing:
   
   1. an agent;
   2. a committee;
   3. a person; or
   4. persons, to carry out any of its powers conferred in this Building Scheme.
3. APPROVAL OF PLANS
   
   (a) No dwelling, building or other improvements shall be constructed, placed, erected or maintained on any Lot unless and until plans and specifications showing compliance in all respects with these restrictions and providing elevations, siting, size, colour scheme, landscaping and all materials to be used have been submitted to and approved in writing by the Developer's authorized agent (“Design Consultant”) who shall have the right and power to approve or reject such plans and specifications. For the purposes of this Building Scheme, construction shall include grading, filling or other preparatory work on any Lot.
4. THE LOT
   
   (a) Site Requirements and Lot Grading
   
   1. Retaining walls, where unavoidable, will be limited to an exposed height of no more than 1.2m (4 feet). Any exposed concrete over 0.6m (2 feet) in height shall be architecturally treated. All retaining walls and their foundations, including drainage pipes, are to be within the property lines so as not to cause any encroachment on the neighbouring Lot. There shall be no commencement of site preparation, and there shall not be constructed, placed, erected or maintained on any lot any dwelling, building or other improvements (a “dwelling or house”), including pools or ponds, unless and until any necessary geotechnical assessment has been obtained in accordance with the requirements of the Cowichan Valley Regional District.
5. THE HOUSE
   
   (a) House Size
   
   1. One level homes shall have a minimum gross floor area of 2,000 square feet, not including
      garage areas.
      
   2. Two level homes shall have a minimum gross floor area on the first level of 1,500 square feet and the second level of 750 square feet, not including garage areas.
   3. Gross Floor Area means the sum of the total floor area on a Lot of each story in each building measure to the outside face of the exterior walls; excludes the areas of canopies, sundecks, outside stairs, concealed parking, separate and attached carports and garages.
   4. Restrictions on house siting and height will apply over Lots 37, 38, 39, 40, 41, and 48. Restrictive Covenants governing the heights will be registered over these Lots in order to preserve and maximize the views of specified adjacent Lots.
   (b) Exterior Design
   
   1. Specific exterior design details must include:
      1. In general, the main materials used on the front of the house should be used on all other faces of the building.
      2. The main exterior cladding shall be limited to rock or cultured stone, hardi-plank, wood siding and wood shakes/shingle siding. Stucco is permitted as an “accent only” exterior cladding material. A minimum of three types of exterior cladding shall be used.
      3. The siding shall be oriented horizontal and/or vertical unless approved in writing by the Design Consultant.
      4. The front facade is to have accent trims. A timber-framed entry feature is required and further detailing such as wood trims around appropriate windows and doors is required. Columns and garages should also be trimmed to provide relief from a siding only front facade. The design should be integrated in a related use of materials and complimentary colours.
      5. The extent and use of accent veneers such as rock, stone and special trims shall be left to the discretion of the Design Consultant.
      6. No exposed concrete block is permitted. Exposed concrete foundation walls are not to exceed 0.5 metres in height.
      7. Fascia board colours must compliment the siding colour.
      8. Front doors will have raised panels of solid construction to compliment other finishes on the home. Decorative windows are permitted within the front door. Front doors shall be featured with good lighting,
      9. The building facade should be clean and uncluttered.
      10. Houses on corner Lots shall be designed to face both streets with roof and/or wall treatments turning the exposed corner.
   (c) Roof
   
   1. Roofing materials will be either “high profile” 25-year fibreglass shingles in the weathered wood colour, cedar shakes or cedar shingles. The intent is to keep roofing materials and colours complementary.
      
   2. The roof pitch must be a minimum of 5:12; however the Design Consultant may relax this to 4:12 to accommodate roof elements that are integral to the heritage theme. Flat roofs are not permitted.
      
   3. Gutters, rainwater leaders and soffits are to be painted to match trim colours or selected in a compatible colour if pre-finished. Any aluminium fascia gutter should be combined with wood fascia boards where appropriate to meet the requirements of this Building Scheme.
   (d) Driveways and Garages
   
   1. Each dwelling shall have an enclosed area for a minimum of 2 parking spaces. All garages shall have closing doors with raised panels or other detailing and shall be painted to match trim colours or complement the design of the house. Flat panel garage doors are not permitted.
      
   2. Driveways shall be situated to take advantage of the street orientation, be compatible with adjacent houses and shall where possible be sited to maximize the streetscape. Driveways shall be constructed of asphalt, exposed aggregate, interlocking brick or a combination thereof. No gravel driveways or parking areas shall be constructed.
      
   3. To reduce storm water run-off from buildings and driveways constructed on the lots, run-off from buildings, driveways and any other impervious surfaces constructed on a lot shall be recharged back to ground through suitable subsurface storm water management systems such as rock pits or exfiltration chambers. Run-off from driveways which slope to the public road shall be intercepted at the property line by the provision of suitably designed and constructed absorbent strip such as grass-crete or permeable interlocking concrete pavers.
      
   4. Owners shall not construct their driveway or undertake any activity which damages or reconstructs any sidewalk or pathway adjacent to their Lot without the written approval of the Cowichan Valley Regional District.
6. GUIDELINES FOR THE STREETSCAPE
   
   (a) Recreational Equipment, Commercial Equipment and Accessory Buildings
   
   1. Except for licensed passenger automobiles, van and trucks which do not exceed a capacity of one ton, any vehicle including trailers, boats, motor homes, campers, recreational equipment and other similar objects on a Lot are required to be stored inside an enclosed space or behind fencing or screening to the side or rear of the house and shall not be visible from the street. Storage of these objects is not allowed in the front yard or the side yard along a flanking street.
      
   2. Any truck in excess of one ton capacity and commercial vehicles, equipment or machinery of any kind shall not be parked or stored anywhere on a Lot except as may be required for construction or repair of the home on the Lot.
      
   3. Accessory buildings shall not be constructed ahead of the front façade of the dwelling. Only one accessory building per Lot is allowed and shall comply with all municipal requirements. All accessory buildings shall be finished in the same exterior materials and colours as the principal building.
7. LANDSCAPING
   
   (a) Landscaping
   
   1. To enhance a settled appearance in the neighbourhood, the relevant Owner shall complete the street front of the Lot, front yard and side yard landscaping within 90 days after completion of house construction unless weather conditions make it impossible to do so.
      
   2. All front yard areas and any side yards fronting on either roads within the subdivision shall be landscaped with a minimum of one tree per 8 meters of frontage. Each tree shall have a minimum caliper of 7 centimetres and a height of two feet or greater. There shall also be at least 9 shrubs in the front yard. Bedding areas containing shrubs, flowers and trees shall occupy a minimum of 20% of the front yard. Any area of the front yard or the side yards fronting roads within the subdivision which are not landscaped with bedding areas shall be turfed or seeded.
      
   3. It shall be the Owner’s responsibility to landscape and maintain the area between the street front
8. LOT CONDITION/CONSTRUCTION
   
   1. No Owner shall allow debris, noxious weeds (i.e. thistles) or invasive plant species (i.e. scotch broom, gorse or ivy) to accumulate on a vacant Lot prior to construction of improvements.
   2. No improvements shall be constructed or approved for construction unless such improvements are approved and commenced within a period of one (1) year from the purchase of a Lot. Should the Owner fail to comply, the Owner will be assessed at $250 per month for single-family lots.
   3. Should no work have commenced after one (1) year from the date of the completion date of the purchase of the Lot the Owner will be required within ninety (90) days to clear, level and seed (or sod) and maintain the site in accordance with directions provided by the Design Consultant. Non-compliance will authorize the Developer to proceed with the same works and maintenance to the site, the cost of which to be deducted from the compliance deposit. Should the works and ongoing maintenance exceed funds remaining in the compliance deposit, the excess will be, registered against the Lot.
   4. No improvements shall be allowed to remain in an incomplete state and construction shall proceed diligently and continuously from commencement of the improvements until completion of all improvements in the manner approved by the Developer and in no case shall any improvements be incomplete within 12 months of commencement of the improvements for single family homes.
   5. Delays created by unforeseen circumstances are subject to review by the Developer and this period of delay may be deemed exempt from time restriction penalties. These time restrictions have been developed to assist. in protecting the visual appeal of the community for all Owners.
   6. No dwelling on any Lot shall be occupied by any person until construction of such building has received final Building Approval by the Developer and an Occupancy Permit from the Cowichan Valley Regional District has been issued. No dwelling on any Lot shall be occupied by any person unless and until such dwelling, including the exterior thereof, is substantially finished.
   7. The Lot Owner shall landscape the front yard of the Lot as soon as feasibly possible after completion of the construction of the house. Seed or turf is approved.
9. GENERAL RESTRICTIONS
   
   1. No Owner or occupier of any Lot shall cause, commit, suffer, authorize or permit any act of nuisance to originate or emanate from his/her Lot.
   2. No pole, mast, clothesline, antenna, satellite dish or any other similar object of any kind shall be situated on any Lot or on the exterior of any building or improvement on any Lot, save and except for a single satellite dish of approximately .61 metres (2 feet) in diameter.
   3. No billboard or "For Sale" sign of any character shall be erected, posted or displayed upon or about any part of any Lot other than signs not larger than 76.2 centimetres by 45.72 centimetres (30 inches by 18 inches).
   4. No heat pumps or air-conditioning units shall be placed in buildings or on any Lot unless the siting has been approved by the Developer and the sound level at the property lines of the Lot will not exceed 50 decibels.
   5. No Owner or occupier of any Lot shall keep or permit to be kept animals of any kind or description whatsoever except for domesticated household pets which pets shall not be permitted to run wild or uncontrolled within the subdivision.
   6. There shall not be stored, kept nor permitted to be kept or stored on any Lot or on any road or street adjoining any Lot any junk or wrecked or partially wrecked motor vehicles or any salvage materials or goods intended for commercial use or sale nor shall any waste or refuse be kept or stored upon any Lot.
   7. Any reference included within this Schedule of Restrictions to the Developer shall apply to the successors and assigns of the Developer.
   8. The Lot Owner shall be responsible for repairing any damage to curb, sidewalk, roadways, swales or service connections as a result of the house construction.
   9. The Lot Owner is required to keep the Lot, sidewalk, curb and street clean and orderly during construction.