CHAPTER 5 - DESIGN REVIEW PROCESS

5 - DESIGN REVIEW PROCESS

5.1 Introduction

The Design Review Process involves a series of meetings between the Owner, his or her design professionals and the ARB. Beginning with an introductory meeting and lot selection, it follows a series of steps that conclude with the completion of construction. The Design Review Process must be followed for any new construction or for any remodel, addition or other improvement to an existing structure. It will also take into consideration the construction of roads, driveways and site work, the construction of fences, landscaping and the construction of any other structure. The ARB is empowered under the Declaration, and all improvements to the Lot will be evaluated by the ARB.

There is a six-step Design Review Process established to ensure compliance with the Guidelines:

• STEP 1: Pre-Design Conference

• STEP 2: Preliminary Design Review

• STEP 3: Final Design Review

• STEP 4: Construction Area Inspection

• STEP 5: Landscape and Irrigation Inspections

• STEP 6: Final Inspection

Any planned improvements to a Lot must begin with and follow the Design Review process. It is required that the Owner obtains competent assistance from a designer, an architect, and a bonded licensed general contractor. Additional assistance from other professionals, such as a civil engineer, landscape architect, etc. is also required. The Owner and his or her design professional should also carefully review the Declaration and these Guidelines prior to commencing with the project and the Design Review Process. The design review schedule, fees and deposits can be found in Appendix A and applications and forms can be found in Appendix B.

5.2 Pre-Design Conference (Step 1)

An initial meeting will be held onsite with a representative of the ARB to discuss specific characteristics of the homesite (the “Pre-Design Conference”) including the desired architectural style. To avoid the possibility of delays arising from any ARB required plan changes, it is required that the Owner and his or her design professional have an informal Pre-Design Conference with members of the ARB while the project is in the conceptual design phase. At the Pre-Design Conference, a representative of the ARB will meet with the Owner and/or his or her design professional to discuss preliminary design ideas, desired architectural design style and the Design Review Process to ensure that the Owner and his or her designer understand the requirements, setbacks, fees and schedule of the process. This is an important meeting that is intended to help the Owner and his or her designer avoid any wasted investment in the preliminary design of the home.

The Owner will receive a copy of the current Declaration and Guidelines at the closing of their Lot, and the design professionals and consultants should take the time to become familiar with these documents prior to requesting the Pre-Design Conference.

5.3 Preliminary Design Review (Step 2)

The second step is an analysis of the individual homesite, submittal of the preliminary architectural site, and landscape plans or sketches (the “Preliminary Design Review”). The Owner and/or his or her design professional will initiate this step by submitting the Preliminary Design Review Application and fee, along with all required documents set forth in the Preliminary Design Review Submission Packet. The analysis and submittal must include building elevations, staking of proposed building locations, and display of exterior colors and materials. The Preliminary Design Review should contain enough detail to convey the design concept and intent. During the Preliminary Design Review, the ARB will review the submitted plans to ensure they comply with the requirements of the Declaration and the Guidelines, among other things.

Upon receipt of the required information, a representative of the ARB will schedule a Preliminary Design Review meeting with the Owner and his/her design professional. Following this Preliminary Design Review meeting, the representative of the ARB will submit the plans for review during the next ARB meeting.

Within fourteen (14) days of the ARB meeting, an action letter showing Approved as Submitted, Approved as Noted or Revise and Resubmit will be forwarded to the Owner. The ARB may refuse to approve any

submission or any component thereof, for any reason, including purely aesthetic reasons, at the sole discretion of the ARB.

Preliminary Design Review Submission Packet

A. Preliminary Design Review Application

B. A checklist along with the required submittal materials (per the Preliminary Design Review Checklist and described in more detail below) - an electronic PDF of drawings to be submitted in 24”x36” format. Drawings may be hand drawn or hardline.

C. Preliminary Design Review Items 1. Cover Sheet with Location Map, Name of Owner, Address of Lot, and all design companies involved including but not limited to Architect, Civil Engineer, Surveyor, and Landscape Architect.

2. Site Plan drawn at largest scale that will show entire Lot 1 inch = 20 feet is preferred showing property lines, building envelope, developable area, construction area, existing and proposed grading, existing vegetation coverage, drainage pattern, easements, road or driveway, utility trench, building footprint with finished floor grades, parking area, turnaround, drainage improvements, fences/walls, patios, decks, pools, spa, pool equipment, screened service/utility locations, and any other site amenities, identification of trees to be removed, and limit of disturbance along with any other pertinent information.

3. Schematic Floor and Roof Plans – 1/8 inch or larger

4. Schematic Elevations – 1/8 inch or larger, including roof heights, existing and finish grades and notation of exterior materials

5. Sample Board (see Appendix H) can be a printed board of 18”x24”; the following must be included:

• Roof material and color

• Exterior wall materials and color

• Exterior trim materials and color

• Window material and color

• Exterior door material and color

• Stone/rock materials

• Fence/wall materials

6. Schematic Grading and Drainage Plan – Drawn at the same scale as the Site Plan (maximum of 1 inch = 20 feet) including the entire Lot, property lines, building envelope, setbacks, residence and all other structures, finish floor elevation(s), driveway, parking area, existing topography, proposed grades, proposed walls with top and bottom elevations, and drainage flows with catch basins, trench drains, and other related sub-surface drainage pipes.

7. Landscape Plan – A hand drawn conceptual plan at 1 inch = 20 feet minimum drawing showing major natural features, irrigated areas, areas of ornamental plantings, turf, artificial turf, areas of native planting, water features, pools, decks, patios, existing trees to be removed with numbers to match on-site tagging, and any other significant design elements.

8. Variances – Any requested variances to the Guidelines are to be submitted at this time using the Variance Request From (see Appendix B.7), and any variance must be clearly shown on the

Preliminary Design Review drawings. An affirmative majority vote of the ARB members must be gained for a variance to be granted. The ARB will notify the Owner in writing regarding their decision. If a variance is not granted, the Owner may appeal the decision within seven (7) days after the decision notification has been given by the ARB and must be accompanied by the written decision of the ARB.

9. If the desire is a Transitional Ranch or a Ranch Contemporary home adjacent to an existing

Traditional style home, proper documentation must be provided to support the compatibility of the style. This includes but is not limited to supporting contextual photos and any additional information.

10. Staking Plan and Requirements – All proposed buildings and other site amenities must be defined by 2-inch by 2-inch wood stakes or steel stakes at least 48 inches high tied together by string to define the building outline(s). Stakes should be numbered and correspond to a staking plan.

11. Tree Tagging Requirements – All trees scheduled for removal should be clearly marked with bright orange tape five feet above ground level.

5.4 Final Design Review (Step 3)

The third step is the final design review submittal (the “Final Design Review”). The Final Design Review must incorporate all of the requirements of the Guidelines, including any revisions required by the ARB as a result of the Preliminary Design Review and any other informal meetings. It is required that each submittal be designed and prepared by professional designers and licensed architects. After considering the Preliminary Design Review comments from the ARB and making all necessary design changes, the Owner or his/her design professional should submit the Final Design Review Application and fee, along with all required documents.

Within fourteen (14) days of receipt of the required information, a representative of the ARB will schedule a Final Design Review meeting with the Owner and his/her design professional. Following the Final Design Review meeting, the representative of the ARB will submit the plans for ARB review. Within seven (7) days of the ARB meeting, an action letter showing Approved as Submitted (along with a Water Meter Application), Approved as Noted or Revise and Resubmit will be forwarded to the Owner.

Additional review meetings may be necessary to review corrected or new materials. Additional fees may be charged in connection with any submittal of substantial modifications or changes to previously approved plans or components thereof.

A professional designer, architect or Owner may request to submit hand-drawn sketches (the “Perspective Sketches”) to the ARB prior to the Final Design Review to clarify and confirm that any changes requested by the ARB as a result of the Preliminary Design Review have been met. Review of such sketches will be at the discretion of the ARB and may involve an additional review fee.

Final Design Review Submission Packet

A. Final Design Review Application (all submittals in the packet must include an electronic PDF copy).

B. A checklist of the required submittal materials that accompany the application.

C. Drawings to be submitted on 24”x36” maximum format: 1. Cover Sheet with Location Map, Name of Owner, Address of Lot, and all design companies involved including but not limited to Architect, Civil Engineer, Surveyor, and Landscape Architect. Site Plan drawn at largest scale that will show entire Lot 1 inch = 20 feet is preferred – showing property lines, building envelope, developable area, construction area, existing and proposed

grading, existing vegetation coverage and drainage pattern, easements, road or driveway, utility trench, building footprint with finished floor grades, parking area, turnaround, drainage improvements, fences/walls, patios, decks, pools, spa, pool equipment, screened service/utility locations, entry monumentation, and any other site amenities, identification of trees to be removed, and limit of disturbance along with any other pertinent information.

2. Floor and Roof Plans – 1/4 inch = 1 foot scale

3. Elevations – 1/4 inch = 1 foot scale, including roof heights, finish floor elevation(s), existing and finish grades and notation of exterior materials. Indicate location and material of all metal flashing.

4. Sections – At least 2 showing existing and proposed grading as well as building forms and top and bottom wall elevations.

5. Grading and Drainage Plan – Drawn at the same scale as the Site Plan (maximum of 1 inch = 20 feet) including the entire Lot, property lines, building envelope, setbacks, residence and all other structures, finish floor elevation(s), driveway, parking area, existing topography, final grades, walls with top and bottom elevations, and drainage flows with catch basins, trench drains, and other related sub-surface drainage pipes.

6. Sample Board can be a printed board; however, the ARB can request physical samples prior to making a decision. The following must be included:

• Roof material and color

• Exterior wall materials and color • Exterior trim materials and color • Window material and color • Exterior door material and color • Stone/rock materials

• Fence/wall materials

7. Perspective Sketches – If needed for clarity

8. Landscape Plan – A detailed plan at 1 inch = 20 feet minimum drawing showing major natural features, irrigated areas, areas of ornamental planting, areas of native planting, turf, artificial turf, water features, pools, decks, patios, existing trees to be removed with numbers to match on-site tagging, and any other significant design elements. Plants used for screening of electrical and gas meters are to be clearly noted. Include a full irrigation plan including location, type and specific heads with the landscape plans.

9. Lighting Plan (Exterior) – Detailed plan at 1 inch = 20 feet minimum drawing showing floorplan, landscape, entry monument, driveway, and any other elements that will be lit. A sample board for exterior architectural lighting and landscape lighting must be submitted to the ARB including fixture type, lumen output, temperature/color, and installation height. The aggregate total lighting in lumens and the total acreage of the lot shall also be included (see Appendix J). If landscape lighting is not submitted until the construction phase, a sample board is still required. Additional information may be requested by the ARB prior to final approval.

10. Construction schedule including start and completion dates for all aspects of the project.

11. Details – Include details that clearly illustrate typical wall construction, soffit/eave/roof construction, fireplace and fireplace cap design, house monument, retaining walls, garage door construction and typical detail where stone shelf meets finish grade. Additional details may be required based on the ARB.

12. Written Specifications – Required to describe materials or construction not shown in the drawings such as door/window material, roof and flashing.

13. Variances – Any variances to these Guidelines must be clearly shown on the Final Design Review drawings with the date they were approved by the ARB.

14. Variance Appeals & Approvals - If the Boot Ranch ARB approved any appeals, this information must be clearly shown on the Final Design Review drawings with the date approved.

15. Additional Applications – Included in the Appendix are additional applications that will need to be filed, including the Water Meter Application.

Any materials that were accepted in the Preliminary Design Review and that are in final form, i.e., the sample board, may be used in this submission packet as well. Any changes that were required after the Preliminary Design Review must be resubmitted in the Final Design Review packet.

Final Design Approval

If approval is given at the Final Review Meeting, the ARB will issue a written Final Design Approval within seven (7) business days from the date of approval. Any approval assigned is site-specific and should not be construed as to establish a precedent on any other Lot within the Development. The ARB may refuse to approve any submission or any component thereof, for any reason, including purely aesthetic reasons, at the sole discretion of the ARB. If the submission is disapproved, the ARB will furnish the Owner/design professional with the specific reasons, so as to allow them to modify the design and re-submit. An additional review fee may be charged if the design must be re-submitted for approval.

A. The Owner or Builder (as defined herein) is responsible for obtaining all applicable building permits and may apply for them only after receiving Final Design Approval from the ARB.

B. Any changes in the final approved design, or additions to the project in any form, must be submitted to the ARB in writing for review and approval prior to making such changes. This includes but is not limited to remodeling, additions and new build regarding landscape, exterior lighting, paint color, exterior material, or exterior color modification.

5.5 Construction Area Inspection (Step 4)

Prior to any construction activity, the Owner or Builder must submit completed Construction Area Inspection Request, Water Meter Application, Builder’s Sign Application, and pay all applicable deposits and fees. In addition, a full-scale Exterior Materials Mock-up shall be constructed on-site. The mock-up shall be approved by the ARB prior to the start of vertical construction. The Exterior Materials Mock-up shall display physical samples of the following:

• Roof material

• Exterior wall materials

• Exterior trim materials

• Window material

• Exterior door material

• Stone/rock materials

• Fence/wall materials

• Paving materials

• Decorative landscape rock/mulch material The Material Samples Mock-up shall be placed adjacent to the Builder’s Sign or in a location visible from the adjacent street. Final approval is contingent upon field mock-ups. Regardless of previous approvals, the ARB reserves theright to require changes to the exterior materials if they do not meet the Objectives of the Design Guidelines.

Within seven (7) days of receipt of the required applications, deposits and fees, the ARB will arrange the Construction Area Inspection with the Builder and upon completion of the Construction Area Inspection will issue a Notice to Commence letter.

An Exterior Materials Mock-Up similar to the one pictured above must be constructed on-site

After receiving the Notice to Commence letter, installation of silt fencing, tree protection, construction entrance, and area of disturbance fencing must be in place prior to the Construction Area Inspection. All construction will be limited to the fenced area delineated with green plastic fencing that must remain up throughout the construction process. Within the approved construction area, the corners of all proposed buildings, the driveway, the extent of grading and protected vegetation must be staked, along with the locations of any temporary buildings. This inspection must be completed prior to any construction, grading, landscaping, or plant removal. During the construction, the ARB or its authorized representative has the right to inspect any construction to ensure compliance with the approved Final Design Approval and the Documents. If changes or additions have been found which have not been approved in advance by the ARB, the ARB will issue a Notice to Comply pursuant to Section 5.8. Failure to provide such notice shall not be deemed a waiver or release of the ARB’s right to enforce any provisions of the Documents.

5.6 Landscape and Irrigation Inspections (Step 5)

Landscaping will be inspected throughout the construction process. Key items that require approval by the ARB include layout of landscape beds and turf areas, depth of topsoil, irrigation, and erosion control measures. Multiple inspections will be required throughout the installation process and must be completed prior to Final Inspection. If the Owner or Contractor continues installation of landscape or irrigation without approval of items, the Owner will be held accountable for any necessary adjustments and expense.

5.7 Final Inspection (Step 6)

A final inspection shall be conducted seven (7) days prior to completion of construction (or within twenty-one (21) days of receipt by the ARB of a written request by an Owner (the “Final Inspection Request”) in which all requirements per the Guidelines must be complied, installed, and met including, but not limited to stone walls and gates for screening, overall landscape, erosion control measures, and screening for above ground utilities. Any disturbance adjacent to the road due to construction vehicles must also be repaired.

Upon receipt of the Final Inspection Request and fee, the ARB will schedule the final inspection. Within seven (7) days of inspection, the ARB will send a Certificate of Compliance or, if the ARB finds changes or additions compared to the Final Design Approval, a Certificate of Non-Compliance along with a Notice to Comply.

5.8 Notice to Comply

When, as a result of a construction inspection, the ARB finds changes or additions to the Final Design Approval that have not been approved by the ARB as part of the Final Design Approval or do not comply with the Documents, the ARB will issue a Certificate of Non-Compliance along with a Notice to Comply to the Owner and the Builder within three (3) days of inspection. If the ARB issues a Certificate of NonCompliance and a Notice to Comply, the Owner and/or Builder has a maximum of thirty (30) days to correct all deficiencies identified by the ARB. For any period of time past this thiry (30) day period, a daily fine in an amount determined at the ARB’s sole and absolute discretion will be deducted from the Owner’s Deposit, as

such term is defined in Chapter 5.9. If a Certificate of Non-Compliance and a Notice to Comply is sent to the Owner and/or Builder and the items specified in the Notice to Comply are not corrected, the ARB has the right to cease all construction on the Lot until such items are corrected and approved by the ARB. Further, if the Owner moves into the residence prior to approval of Final Inspection, the Owner shall risk losing the entire Deposit based on such non-compliant items. The ARB further reserves the right to pursue any additional remedies allowed under the Documents.

5.9 Design Review Schedule and Fees

The ARB will make every effort to comply with the Design Review Schedule and Fees. Notwithstanding the timeframes contained therein, the ARB will not be liable for any delays that are due to circumstances beyond its control. Further, the ARB reserves the right to increase or decrease the fees otherwise set forth therein as determined from time to time in its sole discretion. Refer to Appendix A for specific fees.

The deposits and fees that must accompany each application are set forth on the Design Review Schedule, Fees, and Deposits schedule attached to these Guidelines. These deposits and fees are subject to change from time to time without notice. Required deposits shall include but not be limited to the Damage and Performance Deposit, or the Compliance Deposit, discussed below (collectively, the “Deposits”).

1. A refundable Damage and Performance Deposit in an amount set forth on the Design Review

Schedule, Fees, and Deposits schedule must be paid by, or on behalf of, each Builder prior to the Construction Area Inspection. Damage and Performance Deposits are intended to cover any costs or expenses incurred by the ARB and/or the Sponsor to install, remove, repair, or complete any improvement on a Lot if such work is not performed by the Owner or Builder, as required by the approved design plans, these Guidelines, the Documents, the requirements of any governmental authorities (including, without limitation, those requirements set forth in the permit), and/or any rules and regulations. The ARB and/or the Sponsor may draw upon the

Damage and Performance Deposit at any time, and from time to time, as necessary to cover such costs or expenses.

2. A refundable Compliance Deposit in an amount set forth on the Design Review Schedules, Fees, and Deposits schedule must be paid by, or on behalf of, each Builder prior to the Construction

Area Inspection. Compliance Deposits are intended to cover any costs or expenses incurred by the ARB and/or the Sponsor to (i) to repair any damage to the property, the Common Area, or any other Development improvement (including, but not limited to, streets, curbing and drainage, utility lines, signage, landscaping, entry features, and irrigation systems) caused by the

Builder (and/or any of the agents, employees or subcontractors of the aforementioned parties); (ii) to remove any trash or debris from the Lot; and (iii) to pay fines levied by the ARB and/or the

Sponsor against the Builder in accordance with the Documents. Should any Builder accrue any fines under the Documents, the Sponsor and/or the Association may draw upon the Compliance

Deposit, and from time to time, as necessary to cover such costs or expenses or to pay such fine.

The Owner or Builder, as applicable, shall immediately replenish the amount deducted from the Compliance Deposit within five (5) business days of incurring the fine.

Builders and Owners, as applicable, shall replenish any amount deducted from a Deposit within fifteen (15) days after the deduction is made.

The payment of other fees or deposits for the construction of improvements by the same Owner or Builder on other lots within the Development shall not affect or satisfy the obligation of an Owner or Builder to post a Deposit. Nothwithstanding the foregoing, the Sponsor or the ARB, in its sole and absolute discretion, shall have the right to reduce or waive a Deposit (i) for any Builder, or (ii) in instances where the nature of the construction of improvements being performed does not merit a Deposit, in the Sponsor’s or the ARB’s sole and absolute discretion.

Any remaining portion of a Deposit shall be refunded to the Builder or Owner, as applicable, after a Certificate of Compliance is issued for the Lot by the ARB.

5.10 Builder Assessment

The Sponsor is authorized to adopt and levy a one-time assessment against each Homebuilder in such amount as may be determined by the Sponsor, until expiration or termination of the Development Period, and by the Board thereafter, to contribute towards and repay any costs or expenses incurred by the Association to repair or restore any damage to adjacent lots, open spaces, roads, driveways, or improvements caused by the Builder (the “Builder Assesssment”). In the event that a Builder is not an Owner, then the Owner that has engaged a Builder to build their home or residence (the “Constructing Owner”) shall be liable for the payment of the Builder Assessment. The Builder Assessment hereunder will be due and payable to the Association immediately upon each transfer of title to a Lot to a Constructing Owner or Builder. Such Builder Assessment need not be uniform among all applicable Condominium Units or Lots, and the Sponsor or the Board, as applicable, is expressly authorized to levy Builder Assessments of varying amounts depending on the size, use, and general character of the appplicable Lot then being made subject to such levy. The Builder Assessment will be in addition to, not in lieu of, any other Assessments levied in accordance with the Declaration and will not be considered an advance payment of such Assessments. A Constructing Owner or Builder shall not have the right to avoid payment of the Builder Assessment in the event that the Builder causes no damage during construction. The Sponsor during the Development Period, and the Board thereafter, will have the power to waive the payment of any Builder Assessment attributable to an applicable Lot by the Recordation of a waiver notice, which waiver may be temporary or permanent. Notwithstanding anything in these Design Guidelines to the contrary, no Builder Assessment will be owed by a Builder constructing a Lot for the Sponsor.

5.11 Applications and Forms

Applications and forms are included in Appendix B; however, these forms are subject to change. The Owner or his/her Representative can contact Boot Ranch for current forms prior to the Pre-Design Conference.

5.12 Notices

Each notice, document or submittal (collectively, “notice”) required or permitted to be given under the Guidelines must be given in compliance with the requirements of this section.

1. Each notice shall be in writing.

2. Any notice to be given to the ARB shall be deemed to have been duly served and to be effective only when a receipt acknowledging such delivery (such as registered mail, overnight express service or hand delivery receipt) is signed by a member or authorized representative of the ARB.

The address of the ARB for delivery of notices hereunder shall be as follows:

Architectural Review Board Boot Ranch 77 Boot Ranch Circle Fredericksburg, Texas 78624

3. Any notice to be given to an Owner shall be deemed to be duly served when picked up by the

Owner at the ARB’s office or when delivered to the Owner’s address by regular U.S. Mail Service.

Delivery is presumed to have occurred on the second (2nd) day following the deposit of such notice by the ARB in the U.S. Mail. The address of an Owner shall be as set forth in the Owner’s submittal of the Preliminary Design Review Application.

4. Either the ARB or an Owner may change its address for notices hereunder by written notice to the other party designating the new address, such written notice of the changed address to be given to the other party.