HomeMy WebLinkAboutArchitectural Guidelines (2).pdfARCHITECTURAL GUIDELINES FOR
CHERRY TREE GROVE
TABLE OF CONTENTS
SECTION I. INTRODUCTION
A. Intent of Guidelines ... ....... . .. .. .......... .. .. . .. 3
B. Developer . ....... ... ........... .. ............. 3
C. Cherry Tree Grove Architectural Control Committee .......... ... 3
SECTION II. PLAN REVIEW PROCEDURES
A. General Procedures . ......... . . . . . . . ........ .. . . . .. 4
B. House Plan Submittal Requirements ...................... 4
C. Exterior Improvement Submittal Requirements ................ 5
SECTION III. CONSTRUCTION GUIDELINES
A. General ... . . . . . . ....... . . . . . . . ............. . . 6
B. Builder Approval . . .. ....... ... .. . . ............... 6
C. Construction Procedures ............................. 6
SECTION IV. ARCHITECTURAL GUIDELINES
A. Minimum Dwelling Sizes ........ .. . . . . ......... .... . .. 8
B. Location .. .. . . . . . . ... .. .. . . . . . . . . . . . .. . . . . . . . .. 8
C. Exterior Materials & Design ...... . . . . . . . ....... . . .. . . .. 8
D. Colors ........... ..............................9
E. Roofs ........... ..............................9
F. Garages ... .......... . . . . .............. . .. ..... 9
G. Windows ... ....... . . . . . . . ......... ... . . ........ 9
H. Vents ........... ..............................9
I. Foundations ........ . . . . ... ....... . . .. . . ......... 9
J. Storm Water Drainage .. . .... ......... .. .. . . . ........ 9
K. Driveways ....... ............................... 10
L. Mail Boxes ... .......... . .. ............. . ........ 10
M. Exterior Lighting .... ........ ... .. ......... ........ 10
N. Landscaping .. . . . . . . ....... . . . . . . . .. .. ... . . . . . . . . 10
O. Sidewalks ... . . .......... ........ ....... .. ...... 11
P. Pools ...... .. ........... .... .......... . ....... 11
Q. Fencing ..... ............. .............. ........ 11
R. Play Equipment . . . . .. .. . . . . . . . .. .. .. .. .. . . . . . .. .. . 11
S. Accessory Structures ....... . . . ........... .. ......... 12
T. Flag Poles .. .... . .. ....... .. ................ .. .. 12
U. Vehicles .. .... ........ .. ............ . . .. ...... 12
SECTION V. SUBDIVISION DESIGN AND MAINTENANCE
A.
Buffer Yard Areas ...... . .. .......... . . . . . ........
12
B.
Wetlands ............. ................. ........
12
C.
Tree Preservation ........ .. ............. .. ........
12
D.
Common Areas . ....... .. .. .. .. .......... ........
12
E.
Cherry Tree Grove Property Owners' Association, Inc ......... . . . . .
13
F.
Erosion Control . ........... .............. ........
13
G.
Trash Collection . . . . . ... .. .. . . . . . .. .. .... . . . . . .. ..
14
1
SECTION VI. MODIFICATIONS AND AMENDMENTS
A. General ... . .. .......... . . . . . . . .. .... ........ . 15
LIST OF EXHIBITS
Exhibit Description
A
Driveway Specifications
B
Mailbox
C
Yard Light & Location
D
Lighting Standards
E
Landscaping Standards
F
Lawn Treatment Locations
G
Cherry Tree Grove Plant List
H
Sidewalk Detail
I
Fencing Locations
J
Play Equipment Locations
K
Buffer Yard Requirements
L
Cherry Tree Grove Service Providers
M
Addresses
N
Mailbox Location
O
Plan Submittal Documents
2
Section 1. Introduction
A. Intent of Guidelines.
The intent of these Guidelines is to; 1) establish minimum standards of design and construction, which
are consistent with the level of quality and character desired for Cherry Tree Grove, 2) to establish and
maintain a community image the enhances the natural and man made environment and is consistent with
the Declaration of Covenants, Conditions, and Restrictions ( "CCR's ") recorded for Cherry Tree Grove,
3) to protect and preserve the values of the investments of all the owners of Lots within Cherry Tree
Grove and 4) to assist builders and homeowners in the planning, design, and construction of all site
improvements.
It is not the intent of these guidelines to ensure that all the homes are built similar in design and of the
same exterior materials. Diversity in architecture is encouraged as long as the quality of construction
and value of the improvement is consistent with these minimum guidelines and compatible in
Developer's opinion with surrounding homes. Every improvement shall be reviewed individually based
on its merits and any special site conditions. The Developer reserves the right to waive or vary any of
the procedures or standards set forth herein at its discretion for good cause shown. Any special
consideration request must be shown, in Developer's sole opinion, to be consistent in value with the
overall requirements and enhance the surrounding sites or community as a whole, before it is to be
granted. All exceptions or waivers shall not be deemed given unless said exception or waiver has been
granted in writing.
These Guidelines are intended to serve as minimum standards for the community and will be the criteria
by which all improvements will be reviewed and approved or disapproved by the Developer and the
Cherry Tree Grove Architectural Control Committee ( "CTGACC "). The CTGACC and/or Developer
shall have the authority to approve or disapprove all improvements to the site or any additions to said
improvements. These guidelines are intended to serve for the life of the community and may be
amended by the Developer or CTGACC from time to time as provided by the CCR's for Cherry Tree
Grove.
B. Developer
The Developer shall originally be the Architectural Control Committee and shall always have the sole
authority of approval of the construction of the original residences to be built on Lots within the Cherry
Tree Grove Development whether or not they remain the Architectural Control Committee.
C. Cherry Tree Grove Architectural Control Committee.
The Cherry Tree Grove Architectural Control Committee ( "CTGACC ") has been established pursuant to
the Cherry Tree Grove Declaration of Covenants, Conditions and Restrictions in order to preserve
property values and maintain a hannonious and compatible relationship among the homes in Cherry
Tree Grove. All external improvements to a residence of any kind (including, without limitation,
additions, decks, gazebos, walkways, patios, porches, terraces, pools, fences, walls, antennas and
landscaping) must be approved in writing in advance by the Committee pursuant to Article II of the
Cherry Tree Grove Declaration of Covenants, Conditions and Restrictions.
N
Initially, the CTGACC will be comprised of representatives of the Developer. The Developer shall
continue to serve as the CTGACC until such time as the Developer owns no lots within the development
or resigns it's position as the CTGACC.
Section 11. Plan Review Procedures
A. General Procedures.
Generally, all external improvements to lots and residences will require the written approval of the
Developer or CTGACC prior to application for a building permit and any construction of said
improvement is to begin. All applicants shall be required to submit proposed improvement plans to the
Developer or CTGACC to the standards listed in these Guidelines. Said submittal shall include two (2)
full sets of plans. One set shall be retained by the Developer for their records to ensure actual
construction is in accordance with approved plans and the other set shall be returned to applicant and
stamped; 1) approved as shown, 2) approved with a list of conditions that must be met, 3) approved with
list of additional items to be addressed at a later time, or 4) disapproved with list of items that need to be
addressed or changed. Faxed copies of plans are not acceptable. Plans shall be delivered to Cherry Tree
Grove Development, LLC Company, Inc. at 15658 Bridgewater Club Blvd., Carmel, IN 46033. In
general Developer will take action within five (5) business days of receipt of application. However,
Developer reserves the right to take up to 30 days, in accordance with the CCR's.
B. House Plan Submittal Requirements.
FOLLOWING PLANS MUST BE SUBMITTED AND APPROVED
PRIOR TO BUILDING PERMIT APPLICATION
A. Plot Plan Showing the following in reasonable detail;
1. Name, address, and phone number of both owner and contractor
2. Lot number and address.
3. Scale (no less than 1" = 30') and North Arrow.
4. Property lines, building line, and easements.
5. Existing manholes, water valves and hydrants and storm water structures.
6. Location and drip lines of all existing trees to be preserved.
7. Locations and dimensions of proposed structures.
8. Driveway materials and distances from lot lines.
9. Lowest floor elevation (Basement).
10. Exterior lighting locations.
11. 2' Contours and site grading plan.
12. Retaining wall locations, materials, and height.
13. The manner in which the builder will provide for surface water drainage on the lot.
14. Location and manner in which any sump pumps discharge will be handled on the lot.
15. The erosion control measures taken to ensure compliance with Rule 5.
16. Location of all existing trees 8" in caliper or greater as measured one (1) foot above grade.
17. Location of Yard Light.
18. Location and width of sidewalks.
One copy of the plot plan will be retuned to the Builder showing the number, variety options,
and location of the Street Trees the Applicant is required to plant.
0
B. Residence Design Plan
1. Name, address, and phone number of both owner and contractor.
2. Lot number and address.
3. Scale (no less than 1/8" = I').
4. Plans for all proposed structures and Improvements.
5. Square Footage Table Showing
a. Total square feet of residence
b. Total livable square feet (excludes garages, open porches, & basements).
c. Total livable square feet above grade.
d. Total square feet of basement.
6. All four exterior elevations to scale.
7. Detailed descriptions of exterior materials and color samples. (Must be approved prior to
masonry work, painting or roofing.)
S. Roof pitches.
9. Description of Windows to be used.
MUST BE SUBMITTED WITHIN 60 DAYS OF START OF FOUNDATION
C. Landscape Plan showing all landscaping improvements to be constructed on the lot including;
1. Name, address, and phone number of both owner and contractor.
2. Lot number and address.
3. Scale (no less than 1" = 30') and North Arrow.
4. Property lines, building line, and easements.
5. Locations and dimensions of proposed structures and drives.
6. Location and drip lines of all existing trees to be preserved.
7. Location and method of tree preservation barrier.
8. Areas to be sodded, hydro- seeded, and /or seed & straw.
9. Irrigation plans.
10. Street Tree Locations and names.
11. Size and location of all landscape motulds.
12. Size, location, and common names of all trees and bushes to be planted.
13. Material cost breakdown of all trees and plants (excluding annuals).
C. Exterior Improvement Submittal Documents
D. Plans for all Exterior Improvements (Home additions, fences, play sets, basketball goals, etc.)
1. Name, address, and phone number of both owner and contractor.
2. Lot number and address.
3. Property lines, building line, and easements.
4. Locations and dimensions of existing and proposed structures and drives.
5. Description of materials and colors.
6. Color photograph or brochure picture of improvement.
7. Any other information necessary to support a thorough review of improvement by CTGACC.
Section III. Building Guidelines
A. General. All homes built in Cherry Tree Grove shall follow the following construction guidelines
prior to and continuing through the construction period to ensure compatibility of the home
construction with the community and adherence to Cherry Tree Grove's CCR's and these guidelines.
B. Builder Approval.
All homes within Cherry Tree Grove must be constructed by an approved builder including the complete
finishing's of all areas denoted as finished space on plans submitted for approval and all landscaping.
To become an approved builder each applicant shall have previously built in a Cherry Tree Grove
Development, LLC Custom Community or meet the following requirements, complete the builder
approval form, and be approved by the Developer and /or CTGACC. The Developer and the CTGACC
reserve the right to make exceptions and modify requirements on an individual basis.
A. Certificate of Insurance.
B. Proof of financial commitment.
C. Been an active builder for at least 2 years.
D. Built 5 homes of similar style and price as Cherry Tree Grove Homes.
B. Provide Three (3) client references.
C. Construction Procedures
1. Lot Purchase and Construction Deposit.
No clearing, digging, or other construction shall occur on any lot until the Lot has been
purchased from the Developer and completion of a pre - construction meeting. At Lot closing, the
Owner or Builder shall pay for the mailbox ($400.00), yard light ($285.00), and $500.00
Homeowner's Association Capital Reserve Fee. At Lot Closing, Purchaser shall also submit to
Developer a Construction Deposit in the amount of Two Thousand Five Hundred ($2,500)
Dollars to ensure the proper home construction, Lot maintenance, and installation of, sidewalks,
yard light, street trees, landscaping, and for the protection of infrastructure and preserved trees.
During construction, Developer shall make routine inspections of the construction site to ensure
compliance with these guidelines. In the event Developer determines builder is not in
compliance Developer shall notify builder of the violation. Builder shall have seven (7) days to
cure said violation. In the event builder does not cure said violation, Developer shall take
whatever action Developer deems necessary to cure violation and reimburse Developer for costs
of said actions from construction deposit.
Upon notification of Builder /Lot Owner that all improvements have been made, Developer shall
make an inspection of said improvements within 5 working days. After completion of
inspection, Developer shall return construction deposit or provide Builder /Lot Owner written list
of items that need be brought to compliance for the release of deposit. Upon receipt of items,
Builder /Lot Owners shall remedy said items within thirty (30) days, weather permitting, or
Developer shall remedy items with construction deposit and return any remaining deposit to
Builder /Lot Owner.
on
2. Pre - construction Conference. All Builders shall meet with the Developer on site prior to
construction to discuss site issues (i.e. tree preservation, erosion control measures, sump pump
discharge, soil testing, lowest floor elevations, etc.) and compliance with the CCR's and these
Building Guidelines. Soil testing was performed on lots where fill was placed. No soil testing
was performed on undisturbed lot pads. It shall be the builder's sole responsibility for verifying
adequate soil compaction for all building pads.
3. Construction. Builders shall comply with the following guidelines during the construction of
homes within Cherry Tree Grove. In the event of the failure by a builder to comply with its
obligations under these guidelines, Developer may, after written notice and reasonable
opportunity to cure, perform such obligations on behalf of the builder and collect from the
builder the reasonable costs thereof and collect any fees incurred in the collection of said fees.
Developer may also retain the construction deposit or portion thereof to offset Developers costs
performed on the behalf of the Builder.
a. Maintenance of Lots During Construction. Lot Owner /Builder shall be responsible for
maintaining the appearance of lots from date of Lot Closing through the construction
period. When necessary, builders shall mow lots and provide a regularly emptied trash
storage area, either in the form of a trash pen or dumpster and keep the remainder of the
lot free of trash and other debris and keep such waste from blowing or being deposited
onto other areas of the development. Builder may be required to participate in a trash pen
program designed for the Cherry Tree Grove Development. At the beginning of
construction of each home, the builder will be required to install a stone base in the
driveway area in order to minimize the spread of construction dirt and mud into project
roadway areas. During construction, builders are asked to use all reasonable efforts to
keep building sites and adjacent streets in as neat, clean and orderly condition as is
practicable. Builders will be responsible for removing all excess dirt, concrete, finish
grade material, and other debris from adjacent streets and may not deposit or allow any
subcontractors to deposit any dirt, gravel, concrete, or other construction debris on any
adjacent lots or common area.
b. Compliance with Subdivision Grading Plan. Builders must comply with the over -all
grading plan for Cherry Tree Grove project (copies are available at the office of the
Developer) when establishing the finished floor elevations on and performing the final
grading of the lots, and builders may not interfere with the general drainage plan for the
project by filling or diverting existing rear or side -yard swales. Builders will be solely
responsible for providing for positive storm drainage for the entire lot and for not
adversely affecting the flow of surface water to or from adjoining lots.
c. Signage. There shall be allowed only two signs during the construction and sales period
of the dwellings on Lots within Cherry Tree Grove. These signs shall be for the Builder
constructing the residence and for the Realtor or other sales organization marketing the
home for the builder. Additional subcontractor signs shall not be permitted.
d. Tree Preservation. All builders building residences on lots with a tree preservation or
buffer yard easement will receive a copy of the Tree Preservation PIan. All builders are
required to abide by the terms and conditions outlined in said plan.
7
Section IV. Architectural Guidelines
In order to preserve property values and ensure compatibility of all homes to be constructed within
Cherry Tree Grove, minimum building requirements have been set forth in recorded zoning ordinances,
the recorded Cherry Tree Grove OCR's and these Guidelines. All proposed homes must be approved by
the Developer prior to application for a building permit. To provide builders and property owners with
additional guidance in regard to the CCR's and on the manner in which the Developer will approve
improvement plans, the following information has been provided.
A. Minimum Dwelling Sizes. The minimum square footage of finished living area (i.e., exclusive of
decks, patios, porches, terraces, garages and basements) for a one -story dwelling shall be 2,100
square feet and the minimum square footage of finished living area for a multi -story dwelling
shall be 2,400 square feet, provided that 1,200 square feet shall be located on the first floor.
Said standards shall be minimums for the development and the Developer may require higher
square footage requirements on an area or lot basis.
B. Location. The location of dwellings on any lot must conform to the front, rear, and side setbacks
designated on the plat(s) of Cherry Tree Grove. Generally, the setbacks are as follows: Front
setback as per plat (25 feet), side setback six (6) feet each side, rear setback twenty (20) feet.
Some lots are subject to additional setbacks due to buffer yard, tree preservation, and other
easements. Refer to the plat(s) for the actual setbacks applied to each individual lot. These set
back requirements are the minimum required and the Developer may require the dwelling to be
located beyond the minimum requirements for aesthetic harmony or preservation of natural
features.
C. Exterior Materials and Design. Exterior building materials will generally be restricted to
masonry, EIS Systems ( "Drivet "), and wood materials. No wood sheet, aluminum, or vinyl
siding will be acceptable. Generally, masonry or drivet is required on the first floor of the front
and sides (full wrap will be encouraged), all exposed exterior foundation walls, and the fireplace
chases of all homes. In general all homes in Cherry Tree Grove shall have masonry or Drivet on
50% of the dwelling. Side elevations generally shall wrap to match front facade. Variations to
the above requirements may be granted in order to allow for diversity in architectural styles.
All homes in Cherry Tree Grove will be required to meet the guidelines set forth in Carmel /Clay
Township Zoning Ordinance through the use of the following design objectives.
1. Single - family dwellings located on corner lots of an intersection and located so as
to have a rear or side facade oriented to a public street shall utilize multiple textures
(e.g., rough, smooth, striated, etc.) or multiple architectural elements (e.g., quoins,
pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on each
facade visible from the public street.
2. Development of single family subdivisions in which the front facade of an
attached or detached front load garages are stepped back from the front building line
by at least one -half of the depth of the single family dwelling on the lot.
3. No two single - family dwellings may be located on side to side adjacent lots with
the same combination or proportion of roofing or siding materials on each facade
visible from a public street. This design objective shall be accomplished through the
8
use of different combinations or proportions of roofing or siding materials on each
front facade like - oriented facade and facing facade of single - family dwellings located
on adjacent lots and visible from a public street. Simple variation in color scheme
shall not be deemed sufficient. Architectural style and exterior treatment will be
governed so as to prevent similar styles or models from being built on adjacent lots.
D. Colors. All exterior brick, siding and trim color selections will be controlled to insure that color
schemes are reasonably conventional and harmonious with the surrounding area. All exterior
colors shall be submitted as color samples for Committee to granted specific approval in writing.
All exterior colors must be approved prior to masonry work, painting or roofing.
E. Roofs. Roof materials must be asphalt/fiberglass dimensional shingle or any other natural
roofing material. All roofs shall generally have a minimum pitch of 8/12 unless the Committee in
writing has specifically approved architectural style. All roof shall have a minimum of a 12 inch
overhang.
F. Garages. All garages must be finished and conform to the above exterior material requirements
and must have automatic garage door openers for each garage door. All homes must have a
minimum of a three (3) car attached garage. All garages shall be angled, side Ioad or when
aesthetically designed "L" shaped with the majority of the doors being side load. Garages with
all doors located perpendicular to the street will generally not be permitted unless they are
oriented on the side of a corner lot or are approved by the committee.
G. Windows. All windows and window treatments must generally be wood with aluminum,
fiberglass, or pvc clad and approved by Developer, vinyl windows shall not be permitted. Any
variation shall require written developer approval. Window model and manufacturer shall be
provided to developer with plans for approval.
H. Vents. Vent stacks and roof vents must generally be placed to the rear roof elevations.
I. Foundations. All foundations will be either basement or crawl space design. Slab foundation
construction will not be approved in any Section of Cherry Tree Grove. In the event a crawl
space is being requested, the dwelling size shall generally exceed one and one half (1.5) times
the minimum dwelling size requirements as set forth in Paragraph A Minimum Dwelling Sizes.
All drainage from sump pumps must be discharged directly to the designated drainage tile
supplied to each lot. Casual water will not be permitted to stand on any lot. Under no
circumstances may downspouts, sump pumps or any storm water facility be connected to any
part of the sanitary sewer system or designed or built in a manner that adversely affects drainage
on adjoining lots. Post and beam construction is not permitted within Cherry Tree Grove.
J. Storm Water Drainage. All drainage from sump pumps must be discharged directly to the
designated drainage tile supplied to each lot. Casual water will not be permitted to stand on any
lot. Under no circzmstances may downspouts, sump pumps or any storm water facility be
connected to any part of the sanitary sewer system or designed or built in a manner that
adversely affects drainage on adjoining lots.
K. Driveways. All driveways must be concrete or other approved materials. Drives shall have a
maximum width of thirty (30) feet within the right of way excluding aprons and a minimum
width of twelve (12) feet. All driveways shall be constructed to the City of Carmel °s Standards
6
(Exhibit "A "). At the beginning of construction of each home, the builder will be required to
install a stone base in the driveway area in order to minimize the spread of construction dirt and
mud into project roadway areas.
L. Mail Boxes. The Developer has chosen the style and color of the mailboxes. All mailboxes must
be purchased through the Developer at time of Lot closing and installed by Developer's
representative. Mailboxes will be of the style and placed in the locations shown on Exhibit "B"
and "P ". The current price for the mailbox and installation is $400.00. Owner /Builder shall
contact Carmel Lighting (896 -3033) (3) weeks in advance of their desire to have the mailbox
installed.
M. Exterior Lighting_ The Developer has chosen the style and color of the yard lights in order to
enhance the appearance of the residences and the community safety and security. The yard light
must be illuminated only from dusk to dawn and must be installed as part of the home
construction within the front yard of each residence. Yard lights shall be purchased from
developer at Lot closing. Placement requirements and style of the yard light are noted on Exhibit
"C ". Owner /Builder shall have the yard lights installed within Thirty (30) days of home
completion. Current price for the yard light is $285.00 and this amount will be collect at Lot
closing. Builder shall contact Carmel Lighting (896 -3033) three (3) weeks prior to Builder's
desire to have light installed. Develop will supply the light on site. It shall be the Builder's /Lot
Owner's responsibility to install the yard light. It shall be the homeowner's responsibility to
maintain the yard light and to replace burned out bulbs immediately upon failure of the yard light
to illuminate properly. Additional landscape and exterior lighting shall be approved by the
CTGACC as to the style of fixture, location, and illumination area prior to installation.
Placement and direction of lighting shall adhere to the Carmel Lighting Ordinance (copy of
ordinance can be found on Exhibit "D ") and shall enhance Iandscaping and home appearance
without infringing upon adjacent properties.
N. Landscapes. All landscaping plans visible from the street must be submitted to and approved by
the Developer prior to installation and must meet the Carmel Requirements (Exhibit "E ") and the
following minimum requirements. The front and side yards to back corners of all homes must
have an in ground irrigation system and be sodded or properly hydro- seeded (fertilized seed and
straw with a tacking applied to the straw is a suitable alternative as hydro seed as long as the end
result is a good stand a grass as determined by the Developer). Seed and straw is permitted in
the rear yards with tacking in ensure straw does not blow. See Exhibit "F for sod, hydro -seed,
and seed and straw requirements. Regardless of the installation type of all yard areas, said
installation shall be sufficient and adequately maintained to allow for a good stand of grass in the
Developers opinion. Builder /Lot Owner may be required by Developer to take additional
measures deemed necessary by Developer to obtain a proper stand of grass. Street trees in
locations and of the tree types as designated by the Developer and shall generally be placed
every fifty (50) feet of road frontage, with the base of the tree within four (4) feet from the
sidewalk toward the home. The Developer upon submittal of a plot and landscaping plan will
determine actual locations of the street trees. All homes shall be landscaped with a minimum of
the following:
1. 3 Shade Trees, 2" caliper (Including required street trees)
2. 2 Ornamental Trees, 1 Y" caliper
3. 1 Evergreen Tree, 5' in height
4. 15 bushes, 18" in height excluding ornamental grasses
10
Plant material used to satisfy above requirements shall be of the type listed on Exhibit "G" or as
submitted and approved by Developer.
Developer reserves the right to modify individual requirements on a per lot basis based on
existing trees. Landscaping per the approved plan shall be completed within 30 days of home
completion, weather permitting. For winter construction, landscaping shall be completed by
May 1. All exterior sculptures, birdbaths, fountains, flags, and similar yard ornamentation
visible from the street must be approved by the CTGACC.
O. Sidewalks. Builders must install sidewalks in accordance with the requirements and standards of
the City of Carmel Ordinance along all interior streets in the project upon which the lot abuts.
Sidewalks must be completed, to the specifications on Exhibit "H ", within thirty (30) days of
substantial completion of the home or within one (1) year of lot purchase, whichever occurs first.
If a builder should default on its obligation to install sidewalks, Developer may, after written
notice to the builder and a reasonable opportunity to cure, perform such obligation on behalf of
builder and collect from builder or retain a portion of the construction deposit an amount equal to
the reasonable costs thereof.
P. Pools. No Above - ground pools, filtered baby pools, or ice skating rinks will be permitted in
Cherry Tree Grove.
Q. Fencing. No fence shall be erected in Cherry Tree Grove without prior written approval of the
Developer or CTGACC. Black wrought iron or its aluminum equivalent, as approved by the
CTGACC, shall generally be the only style of fencing permitted. Masonry walls or columns
integrated with the fencing may be permitted. No chain link, stockade, horizontal wood, shadow
box, solid aluminum, or PVC fences shall be permitted within the Development. Wrought Iron
style fences must generally not be higher than six (6) feet from ground level. Fencing located in
the rear or side yards of lake or brook Lots, however, should generally not exceed 48 inches.
No fences shall be constructed in areas designated for Retention or Detention nor shall fences be
constructed in the Floodway. No fences shall be constructed in front of the building line on any
Lot. Fencing is permitted only from the back corners of the residence to the rear easement line
or property line in the event there is no easement. The inclusion of fence around a side door is
permitted in the sides of a residence. See Exhibit "I" for permitted locations of fence.
R. Play Eguipment. Children's play equipment, such as sandboxes, swing and slide sets, and
temporary swimming pools having a depth less than eighteen (18 ") inches and ten (10) feet in
diameter shall generally be permitted upon approval of the Developer or CTGACC, provided
that such equipment is not more than six (6) feet high, located in rear yards areas denoted on
Exhibit "J ", and maintained in good repair by the homeowner. The homeowner shall place the
equipment in such a way that it is not obtrusive visually to surrounding property owners. In the
event all the standards listed in here or not met, Committee may grant approval requiring
additional landscape screening. Basketball goals shall be of permanent installation and shall have
clear backboards. Tree houses and stand -alone forts shall generally be prohibited. Gazebos,
Arbors, and similar structures shall be classified as play equipment, shall be highly scrutinized
prior to approval, and generally located in areas approved for play equipment. Gazebos and
similar structures shall be on a permanent foundation, be "stick built" on site using similar
construction standards as used on the residence. Exterior materials shall be similar to those used
on the residence.
11
S. Accessory Structures. Outbuildings, detached garages, yard barns, satellite dishes over one
meter in diameter, and other similar structures shall not be permitted.
T. Flag Poles. Flagpoles may be installed if approved in writing by the committee. All flagpoles
shall be installed within landscaped beds, which shall not be permitted within easements or
setback lines. The height of the flagpole shall not exceed 15 feet and the maximum dimensions
of the flag shall be four feet tall by six feet wide. A maximum of two flags shall be permitted on
the pole and all flags flown shall be in good appearance with no rips, tears, holes, etc. and limited
fading. Flags shall generally be limited to United States, Indiana, High Schools and Colleges.
All poles to be installed shall be of a material and exterior surface designed to maintain its
current appearance for a period of 10 years or more. If, at anytime, the Developer or Committee
shall deem that the flag or pole is no longer in a condition as required herein, the owner shall
immediately, upon notice, take actions to correct the appearance of the flag or pole to the
satisfaction of the Developer or Committee, which may require the replacement of the same or
removal of said structures from the premises. In the event Owner fails to take action as
contemplated herein, the Developer or Committee may, at their sole discretion, enter upon
Owner's premises and take said action on behalf of the Owner and bill the Owner for costs
incurred. Ifthe Owner fails to reimburse Developer /Committee for said costs within Thirty (30)
days, the Developer /Committee is hereby authorized to place a lien against said Lot. In addition,
interest on those expenditures shall accrue at a rate of twelve percent (12 %) per annum and
Developer shall be entitled to recover in an action at law or in equity from the Owner of the Lot
all of the attorneys' fees and related costs and expenses it incurred pursuant to the collection of
the above funds. Written requests for flagpoles shall be sent to the Developer, until the
applicable date at which time they shall be submitted to the Committee. Requests shall include;
plot plan of lot showing proposed location of the pole, landscaping in the bed in which the pole
is located, spec sheet on the pole showing material of the pole, exterior surface, dimensions, and
any warranties; and the size and picture of the flag(s) to be flown. By written submittal of flag
request, Owner hereby represents, warrants, covenants, acknowledges and agrees to abide by the
terms of this paragraph.
U. Vehicles. Boats, trailers, campers, and recreational vehicles that are parked in the drives of and
owned by a resident of a Cherry Tree Grove shall not be deemed in violation of "Section 15.
Vehicles" of the recorded covenants as long as said vehicles and trailers are not continually
parked within Cherry Tree Grove on a weekly basis and so long as they are removed within a 48-
hour period.
Section V. Subdivision Design and Maintenance
A. Buffer Yard Areas. There are strips of ground as shown on the plat(s) as Buffer Yard Easements.
These areas are required and have been landscaped to the standards set by the City of Carmel. In
the event that these areas are located in within a Lot than it shall be the Owners of the Lot's
responsibility to maintain these areas per the standards of the City of Carmel. In the event these
areas are located within Common Areas it shall be the Cherry Tree Grove Property Owners
Association's responsibility to maintain these areas per the standards of Carmel. (Exhibit "K ").
B. Wetlands. Cherry Tree Grove contains areas denoted as wetlands and wetland preserves. These
areas are to be preserved for the life of the project for storm water management, water quality
control, and wildlife habitat. Any grading or other construction within these areas shall not be
performed without CTGACC and appropriate Federal, State, and local approvals.
12
C. 'Tree Preservation. A considerable amount of time and effort has been devoted to designing Cherry
Tree Grove in a manner to preserve of the maximum number of existing trees as possible. A result
of these efforts has been the creation of Tree Preservation and Buffer Yard Easements. In such
easements no trees shall be removed, except for diseased or dead trees, trees needing to be removed
to promote the growth of more desirable trees, or for safety reasons unless specifically approved in
writing by the Developer or CTGACC. In addition, construction activity within the drip lines of
trees within these easements shall be prohibited.
A tree preservation plan has been created for Cherry Tree Grove. All construction to be performed
around existing trees whether or not they are within preservation or buffer yard easements shall
comply with the preservation plan.
D. Common Areas. Cherry Tree Grove contains areas designated as Common Areas denoted on the
plat(s) as alphanumerically numbered Blocks. These areas shall be reserved for the sole use and
enjoyment of those living within Cherry Tree Grove with the exception of any path along the pond
in common area . These paths and only these paths shall be required to be made available for
the use of the public. The Association shall be obligated to maintain the common areas in a
presentable manner. Common areas shall be properly mowed and kept free and clear of trash and
debris. The Association shall maintain separate account for capital improvements with contributions
made yearly as part of the annual fee.
C. Cherry 'Tree Grove Property Owners' Association, Inc. A property owners association has been
established for Cherry Tree Grove under the tenns and conditions outlined in the recorded
Covenants. In July of 2008, the Association was officially Incorporated under the terms and
conditions of the Articles of Incorporation and Code of By -Laws of the Cherry Tree Grove Property
Owners' Association, Inc. Copies of these documents are available upon request.
F. Erosion Control Guidelines. Cherry Tree Grove Development, LLC Company, Inc. ( "Developer ")
has established and implemented an erosion control policy pursuant to the requirements and
conditions of Rule 5 and Rule 13 of 327 IAC 15, Storm Water Runoff Associated with Construction
Activity. This policy contains guidelines, which in our belief will keep the building sites in
compliance with Federal, State, and Local ordinances.
The builder(s) will be required to take erosion control measures of sufficient nature to maintain at a
minimum the erosion control established by Developer. The builders are responsible for their
subcontractors, and suppliers as their work pertains to the erosion control policies set forth.
The Builder will be responsible for the construction of a stone drive large enough to accommodate
the staging of material delivery and storage throughout the course of construction. All vehicular
traffic onto disturbed areas of the site should be minimized. No material storage will be allowed on
the street, or adjacent lots. Off street parking will be on stoned areas only.
The Street will need to be kept clean. Developer has set up for periodic street cleaning, however the
co- operation of all of the builders will be required to maintain the streets in a manner acceptable to
the erosion control policy. The timing of deliveries is critical. The placement of materials on the site
needs to be directed by the builder. All deliveries need to be made to the stone staging area unless
weather conditions allow for drop -off in other areas of the building site. The streets will need to be
cleaned up if mud is brought onto them from delivery trucks servicing Builder /Lot Owner.
13
The Builder will be responsible for the establishment and protection of construction limits on the
building site. This can be accomplished by preservation of existing perimeter vegetative cover, silt
fence, construction fence, sedimentation tubing, placement of mulch from clearing operations, and
combinations thereof. The construction limits protection will at a minimum protect adjacent
roadways, private property and existing storm water runoff improvements from sedimentation
coming from the building site.
When anticipated construction time frames exceed 60 days then all disturbed areas should be seeded
with a temporary seed mix which should be done upon completion of the initial backfill and rough
grade. Any storm sewer inlets on the building site will need to have silt protection placed around the
casting. Curb inlets within the property line extensions of the building site will need to have a filter
sock placed around it. Any finished graded areas will need to be protected from sedimentation and
from traffic.
All erosion control measures shall meet the design criteria, standards, and specifications for erosion
control measures established by the Indiana Department of Environmental Management in guidance
documents similar to, or as effective as, those outlined in the Indiana Handbook for Erosion Control
in Developing Areas. This can be obtained from the Division of Soil Conservation, Indiana
Department of Natural Resources, or the Hamilton County Soil Conservation Service.
The builder shall bear responsibility for erosion control of his project and hold Developer harmless
for any erosion control violation due to builders actions or lack thereof throughout the entirety of the
residential construction, which shall not end until final landscaping and lawns are established. The
builder shall remedy any problems that arise from work done by employee, agent, or subcontractor
that is not in compliance with the erosion control policy established by Developer. In the event
Developer shall face pending fines due to the actions of lack of actions by the builder or lot owner or
their subcontractors or other agents, Developer shall have the right to take actions Developer deems
necessary to avoid the incurrence of the fine and bill the builder for said costs. In the event builder
fails to reimburse Developer, Developer shall retain the construction deposit. In the event Developer
is fined due to the actions or lack of action by Builder, Developer shall retain a portion of the
construction deposit equal to the amount of the fine. In the event fines or Developers costs are not
reimbursed by Builder and the amounts exceed the construction deposit, Developer is entitled to use
any action allowed by law to recover these costs, plus interest.
G. Trash Collection. Cherry Tree Grove Development, LLC or the Association has entered into a
contract for the exclusive trash collection and recycling by Republic Waste Services in order to
receive discounted rate and uniform collection dates. All Lot owners shall be obligated to pay for
said collection and recycling and said fees shall be included in the yearly association dues or billed
separately. Regardless of billing times these fees shall be deemed an Association Assessment and
shall be due and collectable as the same.
Section VI. Modifications and Amendments
These Building Policies and Procedures are subject to modification from time to time, with or without
notice, in the reasonable discretion of the Developer. The Developer will use all reasonable efforts to
monitor the compliance by Builders and homeowners with these policies and procedures, but the
Developer will not be responsible or liable to any Builder or Owner for another Builder's or Owner's
violation thereof.
14
{
COMNiI'L'M ,NTS CONCERNING THE USE
AND DEVELOPMENT or REAL, ESTATE
RDJ Land Development, LLC (the "Developer ") makes the following conin7itments to
the Carmel CiLy Councit (the "Council ") regarding the use and development of the following
described real estate (the "Real Estate ") located in Hamilton County, Indiana:
Section 1. Description of Beal Fstate:
200600071293
See attached l xi�ibit "A
Filed for Record in'
HAMILTON COUNTYr INDIAHA
JERHIFER .i HAYDEN
Section 2. Petition. 06060016 Z 11I 3 -2006 At 03: 54.00.
Section 3. Statement of Comniitments:
These commitments shall run with Iand, be binding oil the Developer of the Real Estate,
subsequenL owners of the Real Estate and other pen ons acquiring an interest therein.
A. The nunriber ol'honries on the Real Estate shall not exceed 34.
B. The Real Estate shall be developed in substantial compliance with the site plan
attached hereto as Exhibit "B."
C. Homes built on the Real Estate shell comply with the architectural standards
attached hereto as Exhibit "C."
D. No more than 25% of the homesite labeled as Lot 34 (the "Conservancy Lot ") on
Exhibit "B" shall be disturbed, The existing driveway location shall be used for
access to the Conservancy Lot.
E. The detention pond shown in Exhibit B shall be lined with clay soil.
F. Vinyl siding shall not be used.
G. The Developer agrees to extend a 10' asplialt pedestrian trail through idle common
area in the southeast corner of the Real Estate for the purpose of malting a trail
connection to the east with the developer of property abutting and to the east of the
Real Estate.
SEefilan 4. Modification of Commitments
These commitments snay be moth wd or terminated only by a decision made by the
Carmel- City Council at a public hearing after notice has bec:: given in accordance with
the City Council's Rules of Procedures.
Pa, ^, 1 of 5
b
Section S. Effective Date
The commitments contained herein shall be effective upon the approval of Petition
06060016 Z and shall continue in effect until modified or terminated by the Carmel City
Council.
Section 6, Recording
The undersigned hereby authorizes the Secretary of the Council to record these
commitments in the Office of the Recorder of I•Itumilton County, Indiana, upon approval
o!'Petition 06060016 Z.
Section 7, Enforcement -
These commitments may be enforced by the City Council of the City of Carmel,
Hamilton County, Indiana.
IN W ITNI'SS WHEREOF, CR White Development, LLC, has caused this comitiitment to be
executed as of the 19 day of Nave,,4 - ?006.
RDJ Land Development, LLC
By: Chris White
its: opfrni kle
STATE OF INDIANA )
) SS:
COUNTY OF HA ILTON )
Before nee the undersigned, a Notary Public in and for said County and State, personally
appeared CArl'5 ]LOA e,.,12 LyL,��.e , who having been duly sworn acknowledged the execution
of the foregoing Commitments.
Witness my hand and Notarial Seal tltis ra day of o>f , 2006.
My Commission Expires: Notary Public i ATiq 11 [ ✓E►MeR
NOTAUBLIC
FikS. ;yB C INDIANA �tY C , OUNry SeP S* )i Expires
Residing; in , t � 2012
I affirm, utuier the penalties for perjury; that I have taken reasona lu care to redact each Social
Security number in th:.. document, unless required by la,,,: Matthew S. Skelton.
This docerrtle=nt wits Prepared by Matthew S. SkcItoii, Attomey at Law, Baker Sz Daniels, LI—P,
600 Last 96"' Stre ?t, Suite (iiiv, Jtidianap�)lis, Indiana 46210, (3l 7) 569- 96t`•fl.
Page 2 of 5
1.X111131 A
LEGAL DESCRIPTION
A Dart of the West Half of the Northeast Quarter of Section 22, Township 18 North, Range 4
East, Clay Township, Hamilton County, Indiana, being more particularly described as Follows:
Commencing at the Southwest corner of the Northwest Quarter of said Northeast Quarter
Section; thence North 00 degrees 02 minutes 39 seconds East along; the; West line of said Half
Quarter Section 45.00 feet to the Centerline of Cherry Tree Road and the POINT OF
BEGINNING of this description; the next four (4) calls being on and along said Centerline; 1.)
North 16 degrees 49 minutes 55 seconds East 52.54 feet; 2.) North 26 degrees 58 minutes 46
seconds East 132.80 feet; 3.) North 35 degrees 39 minutes 22 seconds East 81.80 fLt; 4.) North
38 degrees 16 minutes 40 seconds East 102.55 feet to the Southwest corner of the property
described in Instrument No. 2001 -36075 in the Office of the Recorder of Hamilton County,
Indiana; the next three(3) calls being on and along the South, Cast and North lines of said real
estate; l .)North 89 deg •ees 55 minutes 33 seconds East 469.84 feet; 2.)North 00 degrees 55
minutes 09 seconds West 225.57 feet; -.)South 89 degrees 55 minutes 33 seconds West 288.06
feet to a point on aforesaid Centerline; thence North 36 degrees 58 minutes 51 seconds East
along said Centerline 154.16 feet to the Southwest corner of the real estate described in
Instrument No. 2000 -51124 in said Recorders Office; thence Noah 89 degi-ecs 55 minutes 33
seconds Exist along the South line of said Real estate 861.04 Ieet to the East line of said Half
Quarter Section; thence South 00 degrees 01 minutes 00 seconds West along said East line
961.00 Feet; thence South 89 degrees 29 minutes 02 seconds West 810.89 feet; thence North 00
degrees 30 minutes 58 seconds West 323.49 feet; thence North 89 degree.,, 48 minutes 55
seconds West 269.02 feet, thence South 05 degrees 50 minutes 55 seconds West 20.49 feet;
thence South 89 degrees 40 minutes 48 seconds West 233.46 feet to the place of beginning,
containing; 20.442 acres, more or less.
Page3 of5
Cf)
EXI]IB7T B
n UD CO m
r
C3
EN
cn
Ll
IN
'er
Ii
EXHIBIT C
ARCHI`I'Ei:TURAL STANDARDS
STRUCTURE AND DESIGN STANDARDS AND PROVISIONS
Buildings shall maintain a consistent architectural style, in both Form and tarn, throughout. The
trim shall be present on all sides of the building, as appropriate. Appropriateness shall be defined
as utilizing features and forms that are considered typical to the chosen architectural style, and
shall be determined by staff review. All builefinla eletnunts cu e sul�fect to the host current edition
of the Indiana Batiklirkq (-'ode.
A. WINDOWS
1. At least two windows shall be present on each facade, and each occupied level, as
architecturally appropriate. One window shall be permitted on half stories.
2. All windows, on till sides of the house, shall have trim as architectui °ally appropriate.
B. ENTRYWAYS
1. Entryways shall be clearly visible and shall bc: the dominant leature oCthe front facade, or
the side facade.
2, Porches shall be a nunlinum of six feet deep, and shall be provided where architecturally
appropriate.
C. CHIMNEYS
1. Chimneys shall extend fully to the ground, and above the eaves, if external.
2. Chimneys shall be made of masonry or stucco material or panels, or material with a
similar, durable appearance.
3. "Shed - style' or bump -out chimneys shall not he permitted.
D. GARAGES
1. Garages shall not be the dominant feature of the front facade
2. If ol-f -set or side - loading (courtyard loading), the facade facing the street shall Have at
least one window.
3. The garage, if front- loading, shall comprise no more than 30% of the main front facade.
C. ROOFLINES
1. Rools sliall have minimum 12" overhangs, on all sides of the structure, i f architecturally
appropriate.
F. MATERIALS
1. if more than one rriater:, -1 or color is used, the transition between 1-nateriais and%0r colors
shall be logical, i,e, to highlight an architectural feature. If a material such as brick or
stone is used on the front facade but not the side iacades, a logi.-at transition with trim,
such as quoins, shall be provided. Vinyl siding, if used, shall not be less than 0.048
thickness. Aluminum siding shall not be used.
Page 5 of 5
BDD131i1 4589819V 1