1.2. DESIGN GUIDELINES FOR THE DESIGN REVIEW COMMITTEE. The Declaration requires prior approval by the Committee or its designated representative before any Proposed Improvement is constructed, erected, placed, or altered. These Design Guidelines establish certain acceptable designs for different types of Proposed Improvements. These Design Guidelines apply to residential property in the Community and are intended to assist the Owners. Prior to installation or commencement of construction, all Proposed Improvements (except those constructed in accordance with the pre-approved standards set forth herein) must be submitted to the Committee for review and approval.

1.7. GOAL OF DESIGN GUIDELINES. Compliance with these Design Guidelines and the terms and provisions of the Declaration, the Final Development Plan and the Final Plat will help preserve the inherent architectural and aesthetic quality of the Community. It is important that the Proposed Improvements be made in harmony with and not detrimental to the rest of the Community. A spirit of cooperation with the Committee and neighbours will go far in creating an optimum environment which will benefit the Owners. By following these Design Guidelines and obtaining approvals for Proposed Improvements from the Committee, Owners will be protecting their financial investment and will help to promote Proposed Improvements that are compatible with the other Homes and property within the Community.

1.8. INTREPRETATION OF THE DESIGN GUIDELINES. The Committee shall interpret these Design Guidelines.

1.9. ENFORCEMENT OF DECLARATION AND DESIGN GUIDELINES. The Committee shall have primary responsibility for the enforcement of the architectural requirements of the Declaration and these Design Guidelines. The Committee will investigate written complaints of Owners for violations of the architectural requirements of the Declaration or these Design Guidelines, if such complaints are dated and signed by the Owner making the complaint. If a violation is found, the Committee shall notify the Owner whose property is in violation, in writing, requesting that appropriate action be taken to achieve compliance. If such Owner does not bring his property into compliance with the Declaration and these Design Guidelines within thirty (30) days, or the time specified by the notice, the Committee will request that the violation be referred to the Board for enforcement action.

1.10. ADVISING OF NEIGHBORS. It is suggested that Owners advise neighbors prior to submitting forms for Proposed Improvements. The Committee may, in its sole discretion, request adjacent neighbor input.

1.11. VIOLATION HISTORY. The Committee will consider the Owner’s violation history and current open violations when determining whether to approve the Proposed Improvement. The Committee may deny any Proposed Improvement on the basis that (1) the Owner has failed to adequately address violations that are currently open and/or (2) the Owner has a history of repeatedly failing to adequately maintain other improvements on his/her Property.

2. SPECIFIC TYPES OF IMPROVEMENTS/DESIGN GUIDELINES.

The [Design Guidelines] covers a wide variety of specific types of Proposed Improvements which Owners and builders typically consider installing. Pertinent information is given as to each. UNLESS OTHERWISE SPECIFICALLY STATED, DRAWINGS OR PLANS FOR A PROPOSED IMPROVEMENT SHALL BE SUBMITTED TO THE COMMITTEE, AND THE WRITTEN APPROVAL OF THE COMMITTEE SHALL BE OBTAINED BEFORE THE PROPOSED IMPROVEMENT IS MADE. Proposed Improvements that are not listed will also require Committee approval. The architectural style of a Proposed Improvement shall be consistent with the style and character of the Home and other residences built in the same general area of the Community. The Committee in its sole discretion shall determine such consistency.

2.51. LANDSCAPE AND MAINTENANCE. Front and backyards must be landscaped. All Landscaping Improvements require Committee approval and must (1) not alter, modify or change the Established Drainage of a Lot and/or any surrounding Lots, Common Area, (2) comply with the provisions of this Section and (3) comply with all landscaping requirements of the City (e.g. front yard landscape design must incorporate at least 6 bushes/shrubs, one tree every 40 feet in the tree lawn plus one tree in the front yard). Turf, rockbeds, flowerbeds, patios, sidewalks, sandboxes, dog runs, and gardens all count as landscaped areas and require Committee approval. All plants and trees are restricted to those plants and trees listed in Exhibit F.

• 2.51.4 Trees. Committee approval is required before a tree can be installed in the front or back yard.
  1. 2.51.4.1 Pine Trees. Pine trees in the front yard must be planted the “Minimum Pine Tree Set-Back Distance” from a neighboring property line. The crown of a typical mature pine tree in the front yard must not be within 5 feet of a neighboring property line (the “Minimum Pine Tree Set-Back Distance”).
  2. 2.51.4.2 Backyard Tree Set-Back Distance. Trees in the backyard must not be planted within 5 feet of any property line. Trees planted closer than the minimum set-back distance may cause damage to fence lines as the tree matures and sprinkler lines on neighboring properties.
• 2.51.5 Tree Lawn. Tree lawns shall be landscaped with sod and a permanent, underground irrigation system. A minimum of one tree (and no more than two trees) must be maintained in the tree lawn area in front of each House. Trees in the tree lawn must not be spaced any closer than 20 feet apart (measured from the trunk of each tree). For corner lots, a minimum of ONE tree (and no more than THREE trees) must be maintained in the tree lawn area on the side of the house. An exception to the minimum tree requirement is automatically granted in cases where a City-installed traffic sign exists in the tree lawn area (trees cannot be within 20 feet of a traffic sign). The minimum tree size is 1.5-inch caliper trunk and the tree must be comprised of no more than one trunk. If necessary, trees in the tree lawn must be staked to ensure such trees are growing straight. Trees in the tree lawn area are restricted to the following types of trees approved by the Committee (and the City):
  • Deciduous Shade Trees (Drought Tolerant)
    • Columnar Norway Maple (Acer platanoides “Columnar”)
    • Prairie Pride Hackberry (Celtis occidentalis “Prairie Pride”)
    • Marshall Seedless Ash (Fraxinus pennsylvanica “Marshall Seedless”)
    • Patmore Green Ash (Fraxinus pennsylvanica “Patmore”)
    • Green Ash (Fraxinus pennsylvanica)
    • Shademaster Honeylocust (Gleditsia triacanthos “PNI 2835”)
    • Skyline Honeylocust (Gledisia tricanthos “Skycole”)
    • Kentucky Coffee Tree (Gymnocladus dioicus)
    • Swamp White Oak (Quercus bicolor)
    • English Oak (Quercus robur)
    • Pagoda Tree or Scholartree (Sophora japonica)
  • Deciduous Shade Trees
    • Bur Oak (Quercus macrocarpa)
    • Red Oak (Quercus rubra)
    • Glenleven Linden (Tilia cordata “Glenleven”)
    • Greenspire Linden (Tilia cordata “PNI 6025”)
    • Turkish Filbert (Corylus colurnaTree Form)
    • Autumn Purple Ash (Fraxinus americana “Autumn Purple”)
    • Red Maple (Acer rubrum)
  • Ornamental Trees
    • Tatarian Maple (Acer tataricum- Tree Form)
    • Spring Snow Crabapple (Malus “Sring Snow” - Tree Form)
    • Golden Rain Tree (Koelreuteria paniculata)
    • Chanticleer Pear (Pyrus calleryana “Chanticleer)
    • Japanese Tree Lilac (Syringa reticulata)
    • Thornless Cockspur Hawthorn (Crataegus crus-galli inermis Tree Form)

c) Work exempt from building permit. Exemptions from building permit requirements of the Building Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the Building Code or any other laws or ordinances of the city. Building permits shall not be required for the following:

(1) Buildings/structures:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 square meter).
2. Fences not over 30 inches (762 mm) high.
3. Oil derricks.
4. Retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2:1.
6. Sidewalks not more than 30 inches (762 mm) measured vertically to the floor or grade below at all points within 36 inches horizontally to the edge of the open side, and not over any basement or story below and not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy or one- and two-family dwelling, that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18925 L) and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings in Group R-3 and U occupancies and in one-and-two family dwellings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
13. Stationary and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) in height.
14. Freestanding shade structures meeting all of the following requirements: Less than 120 square feet in area, limited to 12 feet in height, openings in the roof structure spaced greater than six inches, floor height less than 12 inches above grade, not attached to any structure, and not serving an exit door.
15. Replacement of asphalt shingle when, over the aggregate roof area, there is less than one square (100 square feet) that will be replaced.
16. Replacement of doors and windows in single-family dwellings, two-family dwellings, and townhouses where the size of the opening does not change.