Schedule “B”

FIFTH AVENUE ESTATES

DESIGN CONTROL GUIDELINES

 Design Guidelines

 1)      Architectural Theme

Our concept encompasses exceptional development features with design criteria guidelines to ensure a well-coordinated, attractive subdivision.  These guidelines together with thoughtful designs, will establish a concept of housing designs that will compliment each other, with the result being a community of houses that add value to each other and to the community of Niverville.  These standards will include architectural designs and materials throughout the community including all aspects of site development, landscaping, fencing and exterior finishes.  The implementation of the Design Criteria Guidelines is intended to offer all residences the confidence that each home will be complimentary to the neighborhood to protect your investment.

2)      General Guidelines

a)      Continuity of design, detail, and materials on exterior elevations is essential.

b)      All residences shall be designed to include minimum 22’ x 22’ attached garages.  No carports are allowed.

c)      No residence shall exceed two storeys in height when viewed from the street.  Minimum roof slopes of no less than 5 in 12. (Any exceptions must be approved by the Developer in writing.)

3)      Setbacks and Yard Requirements

a)      The minimum setbacks required by the Town of Niverville shall apply, except where exceeded by the guideline setbacks and yard requirements as determined by the Developer.

b)      Front yard setbacks shall be no more and no less than 25 feet except for lots fronting on the arc of the cul-de-sac where setback shall be 28 feet from the nearest point of the front property line.  (Cul-de-sac setbacks may be varied at the Developer’s discretion)

c)      Side yard setbacks shall be 5 feet.  Corner lot side yard shall be 5 feet.

d)     Setbacks and yard requirements shall be measured from property lines to exterior face of building.  Encroachments such as cantilevers, bay windows, chimneys and overhangs into the setback are permitted but must comply with the Town of Niverville regulations.

4)      Minimum Floor Areas

a)      Areas shall be calculated at main floor level only for bungalows and bi-levels.  Areas shall be calculated as total developed floor areas above ground for one and one half storey units, split-levels, two storey/splits-levels and two storey units.

Traditional lots:

iii)    Bungalow/Bi-level – minimum area of house        1300 square feet

iv)    Split-level top 2 levels- minimum area of house   1300 square feet

v)      Two-storey – minimum area of house                   1600 square feet

Lake lots (Walkout):

i)        Bungalow/Bi-level – minimum area of house        1400 square feet

ii)      Split-level top 2 levels- minimum area of house   1400 square feet

iii)    Two-storey – minimum area of house                   1800 square feet

Lake lots (Non-Walkout):

i)        Must meet same square footage requirements as Traditional Lots

(The Developer reserves the right to increase/decrease minimum square footage requirements for any lots they so choose to ensure the architectural continuity of the street.)

For all lake front homes, minimum main floor 9’ ceiling heights or vaulted/cathedral ceiling at Developers discretion.

5)      Lot Grading

a)      Grade elevations will be supplied by the developer. All grading elevations will be strictly enforced by the town of Niverville.

b)      Grading

i)        Lot grading must follow the subdivision concept-grading plan.

ii)      Each lot must be graded to handle all storm water falling within property lines without draining to adjacent lots within 3 months of occupancy.

iii)    Each principal residence constructed on each site within the “Planned Area” shall provide weeping tile drainage to be discharged to the side of the lot. No weeping tile drainage or storm water eavestrough drainage shall be trenched underground or otherwise directed via piping to the front or back portion of the lot.  No weeping tile drainage or storm water eavestrough drainage shall be discharged into the sanitary sewer system.

iv)    Purchaser to be aware, at the Developer’s discretion, rear yards may be contoured to conform to the subdivision grading plan.

v)      Any excess fill from basement excavation shall be delivered at the purchasers’ expense to an area within the development as designated by the Developer and this fill may not be sold or moved outside the development.

c)      Excavation Material

i)        Purchasers must ensure that all excavation is kept within the confines of the

lot. Any spillage on a road, land, sidewalk or neighboring lot must be removed immediately or the Developers will arrange for its removal and invoice for expenses via the Town of Niverville permit deposit fund.

d)     Retaining Walls

i)        In cases where a walkout basement lot abuts a non-walkout basement lot, retaining walls may be required.  If this is the case and the walkout basement aggravated the site conditions of the adjacent non-walkout basement, then the Builder/owner of the walk-out basement is wholly responsible for providing the required retaining wall.  In all other situations, the building grade plan shall be adhered to for all property line grades.  When the grades are altered from the building grade plan, the lot that caused the alteration is responsible for ensuring their lot drains properly and does not cause any drainage difficulties to the adjacent properties.  All retaining walls should be constructed within the property lines.

6)      Rear Elevations-all areas

a)      All rear elevations of houses that back onto public reserves, parks, linear open space or the lake, as indicated on the overall development plan, will require additional rear elevation treatment.  No three storey clear elevations will be allowed.  They shall be broken up with the use of banding, box outs, bay windows or decking with multiple levels, etc.  Extra detailing is mandatory and will be STRICTLY enforced.

7)      Exterior Materials

a)      Permitted exterior materials included clay brick, vertical or horizontal wood or vinyl siding, stucco, stone and combinations of the above.  Front elevations, with stucco finish, must be accented with built-up detailing around doors and windows and front entry.

b)      On residences utilizing clay brick veneers in combinations with either stucco or siding, finish colors are to be chosen to avoid color contrasts between materials.

c)      All fascia to be minimum 6 inches.

d)     The dimension between head of garage doors and the underside of garage roof horizontal fascia, or in the case of a gable roof, horizontal trimwork, shall be less than 30 inches.

e)      For all estate/lake lots, there must be 150 square feet of cultured stone on the front elevation.  This may be substituted by stone tile at the Developer’s discretion.

f)       Plain elevations lacking detail and architectural elements are not acceptable and will be returned to the builder without review.

8)      Roofs

a)      All roof structures are to utilize slope of not less than 5:12.  Acceptable roof finishes include asphalt shingles, cedar shingles, cedar shakes, pine shingles, pine shakes, concrete or slate tiles (no metal roofs). Any exceptions must be approved by the developer in writing.

9)      Driveways

a)      Not more than one driveway shall be constructed for each dwelling unit and the driveway shall not have more than one access to street.

b)     Driveway width shall be limited to 30% of the lot frontage, or else the frontage with of the attached accessory building (i.e. the garage), whichever is greater, to a maximum of 50% of the lot frontage.

c)      Permitted materials for driveway construction include interlocking pavers and cast-in-place concrete or combinations thereof.

d)      All approaches shall be surfaced with concrete or interlocking brick in accordance with the standards required by the Town Engineer.  All approaches to be completed within 18 months of issuance of building permit.

e)      No private approach or driveway from the street to the lot line, the payment of which shall be the obligations of the Purchaser, shall be constructed nor any curb cut made in the concrete on the street:

10)  Fencing And Landscape Architecture

a)      All fencing within the subdivision will be coordinated with respect to design, materials and finishes.  Fence designs are provided here.

b)      Fencing is permitted only in rear yards, to be constructed at owner’s expense and is to be consistent with Developer’s fence designs.

c)      No solid fencing is allowed on the back of any walkout lots of lots adjoining civic lands surrounding lakes/channels. Any back of lot fencing shall not be higher than 4 feet, black in color, with a minimal visual impairment (black rough iron, black chain linked or black aluminum fencing is recommended.) All side yard fencing on walk-out lots or lots adjoining civic lands surrounding lakes/channels must be stepped down toward the back of the lot so as not to be higher than 4 feet at the back of lot. Step down fencing shall have no more than 1 foot drop per 8 foot section of fence. The back 16 feet of fencing shall be no higher than 4 feet. All fencing must be approved by the developer in writing.

d)     Five or six-foot high solid fencing on side and rear property lines on standard (non-lakeside) lots.  Front yard fencing is not allowed.  Chain linked fencing is not permitted except at rear of lake lots to a maximum of 4’ in height and black in color.

e)      In the event that the Developer or successor in title installs fences along public walkways, such fences shall not encroach upon the lands taken for such walkways and shall be maintained by the owner of the lands upon which they are located.

11)  Plant Materials and Landscape Architecture

a)      Landscaping should include, at a minimum:

i)        sod, plants, trees and shrubbery for front yard including boulevard to the street curb

ii)      sodding of the rear yard is preferable, however in the event the homeowner wishes to seed the rear yard, seeding of the rear yards only would be permitted.

iii)    front yard, and flankage landscaping to be completed within one year from completion of construction.

12)  Corner Lots

a)      In addition to the general landscaping guidelines the homeowner is required to sod and maintain the flankage boulevard to the street curb.

b)      Homeowner shall maintain boulevard sodding to the street curb.

c)      All swimming pools, decks, patios must be located in the rear or side yard portion of each lot.

13)  Miscellaneous Restrictions

a)      Satellite dishes, if erected on individual lots, must be sited completely within the rear portion of the lot and be screened from public view from streets and parks.  On flanking lots satellite dish must be located along interior property line away from street.

b) Freestanding garden/utility shed, if constructed or purchased, must be located only in the rear area of the lot and must be consistent with the exterior materials and colour schemes for the principal residence. On flanking lots garden/utility sheds must be located along interior property line away from the street or public area. Prefabricated metal/vinyl construction pre-packages are not allowed.  All freestanding structures may have a maximum size of 10′ x 12′ and have a maximum height of 14’. All outbuildings on walk-out lots or lots adjoining civic lands surrounding lakes channels will not be allowed within the back 30 feet of the property.

c)      No person shall make a building permit application for, or commence construction of, any dwelling or dwellings upon any of the lots until the person has submitted to the Developer complete plans and specifications as required by these guidelines, a site plan showing the desired layout of the building on the property, and a lot survey done by a registered surveyor in the Province of Manitoba for the property in question.

d)     No private wells are permitted in the planned area. Wells drilled for a geo-thermal heat system may be acceptable in the back portion of the lot and must be approved by the town and the developer in writing.

e)      No curb cuts within the planned area are allowed.

f)       Sidewalks will be located on one side of Hampton Drive.

g)      The Developer reserves the right to refuse any plan that lacks attention to design guidelines stated herein.

h)      The Developer reserves the right to allow changes from these guidelines in cases where such an exception is deemed appropriate and will not detract from the quality within the development.

i)        Nothing herein contained shall be construed or implied as imposing on the Developer any liability in the event of noncompliance with or non-fulfillment of any of the covenants, conditions, or stipulations herein contained, or contained in any conveyance or other agreement pertaining to any of the lots.

j)        Nothing contained in the Miscellaneous Restrictions shall be construed as imposing any liability upon the Developer or the owner for damage resulting from structural defects in any structure erected on any lot with approval nor any responsibility in connection with the site selected for any structure by any owner nor for the determination of lot boundaries.

k)      Neither the Builder or the Developer, nor any of their respective agents, servants and employees shall be liable for any or all loss, costs, liabilities, claims, damages or injury to any person arising out of:

i)        The approval or deemed approval of any building plans, or

ii)      A failure to enforce any of the provisions herein contained; and whether caused by the negligence or willful act of the Builder, Developer or any of their respective agents, servants or employees or otherwise (herein collectively called the “Liabilities”).  Each of the owners of the lots from time to time hereby releases jointly and severally the Builder, Developer and each of their respective agents, servants and employees, in respect to the Liabilities.

l)        A caveat may be registered on title to give notice of the restrictions and provisions herein.

14)  Restrictions During Construction

a)      All building sites are to be kept safe and orderly during construction.  All garbage is to be stored out of sight or disposed of in garbage bins.  No garbage/trash burning is permitted at any time.

b)      Exterior work/construction is permitted only between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday, unless special arrangements have been made with the town, as per Town of Niverville’s bylaws.

15)  Signage

a)      All temporary promotional signage is to be approved by the Developer prior to installation.

 16)  Curb Stop and Survey Monument Maintenance

 a)      The Purchaser acknowledges that he/she has personally inspected the property and verifies that the curb stop is undamaged and at grade level. In case where the curb stop is disturbed or damage in any way, the Purchaser shall cause such curb stop to be replaced/repaired by a qualified person licensed to do such work. If it becomes necessary for the Developer to make such repairs, the Purchaser shall reimburse the Developer for all costs associated with the repairs.

b)     The Purchaser shall maintain all property monuments. If any survey monument is destroyed, disturbed, moved, covered or damaged in any way, the Purchaser shall at its expense, have it replaced by a Manitoba Land Surveyor. If it becomes necessary for the Developer to arrange such work, the Purchaser shall reimburse the Develop for all costs associated with the repairs. .

17)  Approval Process

a)      Preliminary Approval

i)        To obtain an initial approval from the Developer the following must be made available:

  1. 1.         Site plan (scale 1:250 metric or 1″=30′).     
  2. 2.         Front elevation, and side elevation if it is a corner lot. Elevations lacking detail and architectural elements are not acceptable and will be returned to the builder without review.

ii)      If Preliminary Plan meets guideline criteria it will be approved at this time.  If Preliminary Plan requires modification to meet criteria a meeting will be set up with home owner/builder to discuss required changes.

b)     Final Approval

i)        To obtain a final approval, two complete sets of final drawings must be made available to the Developer along with a copy of a Staking Certificate issued by a licensed Land Surveyor; which will be retained by the Developer.  (Lots must be Surveyed by the Purchaser prior to Approval).  Approval of your plan will be given to you in writing, along with an approved set of plans.  Once approval is given, approved copy, together with an approval letter and a copy of your acknowledgment indicating that you have received a copy of the Design Control Guidelines will be taken to the Town of Niverville by the Developer for a building permit application.  One set of plans will be retained by the Developer.

c)      Application for a building permit may be made only after completion of the applicant’s approval form by the Developer.

d)     Failure to conform to site plan, house design, materials, colours or any other portion of the drawings and documentation as approved without the written consent of the proposed revision by the Developer is prohibited.

e)      Serious infractions of these guidelines may delay the issuance of an occupancy permit by the Town of Niverville until such time that the infraction(s) have been rectified.