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ARTICLE 1.0 ARCHITECTURAL CONTROL AND GUIDELINES

1.1	MANDATORY ADHERENCE

(a)	An owner shall not commence construction, alteration, removal, relocation, demolition, addition, installation, modification, or reconstruction of improvements on the units until the plans and specification therefore, showing the location of the same, have been submitted to the Architectural Review Committee (ARC), and have been approved by the committee.

The following guidelines will be followed by the Architectural Review Committee (ARC) in so far as possible:

1.2	THE UNIT SETBACKS

(a)	Development setbacks from the property lines must comply with the bylaws of the Municipal District of Fairview No. 136 as amended from time to time.

(b)	Maximum site coverage is twenty-five (25) percent. Unit coverage means the percentage of the area of any unit which is covered by buildings or structures except driveways, parking areas, and sidewalks.

(c)	The front yard of all units is the street side of the property. Except for Riverfront Units 1 through 21 where the front yard will be facing the river and the rear yard will be facing the street.

(d)	A-two-(2)-meter (6.5 feet) natural green buffer-zone-of natural vegetation shall be kept on the - rear and sides of each unit except for Riverfront Units where a natural green buffer zone of vegetation shall be kept on the front and sides of each unit.

1.3	UNIT GRADING

(a)	All retaining walls must be engineered as applicable as per Alberta building codes and also approved by the Architectural Review Committee (ARC)

(b)	Railway ties are not permitted.

(c)	No changes in the elevation of the land shall be made which will interfere with the natural drainage, or that will cause undue hardship to adjoining property or drainage structures.

1.4	GENERAL APPEARANCE OF UNITS

(a)	To protect and maintain the value of the units within the subdivision and to ensure that unit owners are not affected negatively by other's activities; no activities are permitted that may become an annoyance or nuisance to other unit owners.

(b)	No units may be kept in such a state that they present an unsightly condition when viewed from the subdivision road or from adjoining properties.

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(c)	No sign or advertising matter of any kind except a sign depicting the owner's name and address shall be kept on the units on a permanent basis. Signs relating to selling a unit, building contractor, etc shall be kept only on a temporary basis for a maximum of six (6) months.

(d)	All landscaping, lawns, fences, building or other improvements incorporated into the unit must be maintained in good and proper working order and appearance at all times.

(e)	Bear-proof garbage containers are strongly recommended for the safety of the community.

(f)	No lumber, grass, shrubs, or tree clippings or plant waste, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any portion of the unit; except within an enclosed structure or closed container in a sanitary manner, or if appropriately screened from view.

(g)	No above ground water storage tanks shall be located on unit except on a temporary basis. A maximum size of two hundred (200) gallon water storage tank will be allowed for first two (2) years of occupancy, but thereafter an approved underground water cistern or water storage tank contained in a building approved by the Architectural Review Committee (ARC) shall be installed.

(h)	Recreational Vehicles in disrepair or that have damaged exteriors may not be stored on any unit.

(i)	To maintain a "Dark Night Policy" and reduce light pollution, any exterior light fixtures should be shielded to project light downwards such that the lamp itself or the lamp image is not directly visible outside the property perimeter.

1.5	LANDSCAPING AND VEGETATION

(a)	To maintain the three (2) meter (6.5 feet) natural green buffer zone on sides of property, trees and shrubs native to the Boreal Forest Region and Central Mixed wood sub region of Alberta should be replanted within 2 years of removal to replace any vegetation removed from this area. Untreed units shall comply with the same planting guidelines.

(b)	Any tree capable of causing damage to an adjacent unit owner's buildings or possessions should it fall or which is considered to be unsafe by the Condo Association must be removed at unit owner's expense.

(c)	Should any tree on owner's unit fall onto any common property, boulevard, roadway, or adjacent property; it is the unit owner's responsibility to remove and dispose of it in a timely manner.

1.6	FENCES AND GATES

(a)	Boundaries and privacy screens of indigenous vegetation are preferred to fences.

(b)	Yards may only be fenced with green chain link. The use of other materials is subject to the approval of the Architectural Review Committee (ARC) and such approval may be arbitrarily denied by and in the unfettered discretion of the ARC.

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(c)	Fences shall not exceed 1.5 meters (5 ft.) in height.

(d)	Wood screen fencing is not allowed.

(e)	Temporary chain or wood gates (no rope or wire gates) may be used as security gates during dwelling construction, for a period not exceeding twenty-four (24) months.

(f)	Installation of driveway gates made of black wrought iron or aluminum are permitted, all other materials are subject to the approval of the Architectural Review Committee (ARC).

(g)	All fences and gates must be maintained in good and presentable condition.

1.7	DWELLING

(a)	Dwelling style shall favour traditional cabin, chalet, or cottage designs.

(b)	Dwellings shall be a minimum of six hundred (600) square feet.

(c)	All dwellings, sheds, garages added to the unit must be new, unless otherwise approved by Architectural Review Committee (ARC)

(d)	Custom built, prefabricated, modular, Ready-to-Move (RTM) or Custom Cottages by Expert Engineered homes are permitted. All RTM homes must be capable of being delivered into your unit within the existing road allowance. A site inspection with your home manufacturer and truck driver is mandatory before purchasing your home. Some unit locations may be too tight to allow turning and manoeuvrability of modular home delivery. Existing trees on neighbouring property cannot be removed or altered to facilitate your home delivery. Any excessive damage to road caused by home movers must be repaired at the expense of the unit owner.

(e)	Mobile homes (trailers) are not permitted. A mobile home is defined as a building or structure with or without wheels, designed or equipped as a stationary dwelling place, and constructed to be moved from one point to another by being towed or carried by truck, but does not include a vacation trailer or motor home.

(f)	Improvements on each unit must be matching or coordinating in color. All guidelines regarding the main dwelling shall also apply to any detached garage, structure, or shed.

(g)	Maximum height of dwelling is nine (9) meters (30 ft.) and is limited to 2 stories in height.

(h)	Minimum side wall or end wall length is limited to twenty (20) feet.

(i)	Earth tone colors only will be allowed. The exterior of all dwellings and structures shall be in subdued flat earth tone and wood tone colors. Earth tone colors are considered to be medium to dark shades of brown, reddish-brown, tan, umber (clay), and green. Pastel colors, white, yellow, orange, blue, red, or other colors that are not earth tone or wood tone shall not be allowed. The exterior colors of dwellings, structures, and fences shall be compatible with their surroundings, and blend rather than contrast with the existing vegetation, environment and site. A

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sample of approved color chart/scheme is available from the Architectural Review Committee (ARC) for siding, trim, and roofing materials.

1.8	ROOFS, STACKS, SOFFITS AND FASCIA

(a)	The minimum pitch of a roof shall be 3:12

(b)	Roofs shall be covered with asphalt shingles or coloured metal roofing. The color shades for roofing shall be darker earth tone colors that are considered to be shades of slate grey, charcoal grey, and dark brown shades. Samples of approved roof colors are available from the Architectural Review Committee (ARC). Roof color shades that are not allowed are: light/medium grey, red, white, orange, blue, and green.

(c)	Asphalt shingles shall be an "architectural" grade composition shingle or better quality.

(d)	Wood shakes or wood shingles for roofing material are not allowed due to fire hazard.

(e)	Galvanized (silver coloured) metal roofing is not allowed.

(f)	Galvanized finish for roof stacks, flues, flashings, etc. are not allowed. These must be prefinished in neutral colors or painted to match the roof color.

(g)	All pre-fabricated fireplace flues must be framed and clad.

1.9	FOUNDATIONS

(a)	All exposed concrete on foundations shall be parged with a texture finish.

(b)	Foundations may also be covered with simulated/faux stacked stone, rock or brick siding products (e.g. EZ Rock, GenStone).

(c)	Foundations exposed more than one (1) meter (3 ft.) shall be finished in such a way as to blend with the surrounding area or the home exterior.

1.10	ACCESSORY BUILDINGS (GARAGES, SHEDS, STRUCTURES)

(a)	Material and color scheme used to finish dwelling shall be the same used to finish garage or shed.

(b)	All guidelines regarding the dwelling shall also apply to any garage or shed.

(c)	Any detached garage or accessory building shall be no more than 7.6 meters (25 ft.) in height.

(d)	No accessory building or portion thereof shall be placed or erected in the front yard of any unit.

1.11	PRIVIES (OUTHOUSES)

(a)	Temporary privies (outhouses) are allowed but must comply with the guidelines in the Alberta Regulations of the Public Health Act 198/2004, section 10 (1) as from time to time in force and effect and must be properly installed with an

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underground pump-out holding tank as not to contaminate any groundwater course.

(b)	After the ten (10) year period allowed for completion of the dwelling privies must be removed and any excavation filled and landscaped.

1.12	UTILITY LINES

(a)	Utility lines are located in utility easements defined as the 3.0 meter easement across the frontage all units adjacent to the internal roadway. Unit owners are responsible for the cost of completion of all utility connections to their property.

(b)	Unit owners shall not in any way interfere with utility lines located in easements.

(c)	All electrical services from the transformer to the dwelling or buildings or between buildings must be underground.

(d)	To ensure proper drainage along the boulevard, if a culvert is required on the driveway approach to a unit, the unit owner shall be responsible for the installation and associated costs.

1.13	APPEARANCE DURING CONSTRUCTION

(a)	Unit owners and their building contractors are required to keep the unit reasonably clean and orderly at all times during construction.

(b)	All excavated soil and material must be contained within the confines of the unit. Surplus materials shall not be dumped or disposed of within the subdivision. The unit owner shall be responsible for the removal of any spillage or materials from any area outside the confines of the owner's unit.

(c)	Back filling on open excavations shall be completed promptly.

(d)	Waste materials or packaging material from the construction site must be disposed of in a proper manner at an authorized landfill site outside of the subdivision area.

1.14	FIRE PREVENTION

(a)	All cottages and permanent dwellings must have a fire sprinkler system installed.

(b)	Unit owners shall comply with the guidelines and recommendations provided in the Alberta Fire Smart Manual to help reduce the hazards of wildfire on their property and the entire subdivision as required by the Municipal District of Fairview No. 136.

(c)	FireSmart compliance recommends removal of deadfall, thick shrubbery, woodpiles, and of tree branches up to two (2) meters from ground.

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(d)	Once the unit is registered with land titles, it is the unit owner's responsibility to comply with Alberta FireSmart protection even if the unit is vacant. If the unit possesses a potential fire hazard to the subdivision and adjacent properties; the condo association will deliver a notice to the unit owner to correct the hazard. If after a reasonable amount of time, the debris/material is still considered a fire hazard, the condo association will hire a contractor to complete work at unit owner's expense.

(e)	Fire pit areas must be properly prepared to be "FireSmart".

(f)	Unit owners must follow the current fire bans issued by Alberta Sustainable Resource Development, Forest Protection Division.

1.15	EMERGENCY RESPONSE PLANS AND ACTION PLANS

(a)	Unit owners shall be familiar with the current plans and procedures for an Emergency Response Plan and Action Plan in the event of an emergency as required by the Municipal District of Fairview No. 136.

1.16	COMMON PROPERTY

(a)	Trail system allows bicycles, pedestrian foot traffic, and cross-country skiing only. Absolutely no All Terrain Vehicles or golf carts or snowmobiles are allowed on trails.

(b)	Speed limit on all roads shall be 15 km/hr or as posted.

(c)	Legal use of golf carts is strongly encouraged within the subdivision (excluding trail system).

(d)	All Terrain Vehicles are prohibited from the common property and roads within Dunvegan Summer Village; but may be used for utility purposes on unit owner's property only.

(e)	The owner of any unit shall not do or permit anything to be done on Common Property that may cause irreparable damage to the improvements. Unit owners are fully responsible for any invited or uninvited persons or animals that are on premises for the purpose of calling upon said unit owner.

(f)	Snowmobiles may be used on roads within Dunvegan Summer Village to access owner's units during periods when otherwise inaccessible due to snow accumulation.

1.17	RECREATIONAL VEHICLES

(a)	A holiday trailer or recreational vehicle in good repair and less than ten (10) years of age may be used as temporary accommodations on a unit until dwelling is completed.

(b)	The	maximum	number	of	recreational	vehicles	used	as	temporary accommodations per unit shall be two (2).

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(c)	No permanent porches, patios, or sheds or any structures may be attached to such trailer or Recreational Vehicles.

(d)	Upon cottage or dwelling completion, only one (1) Recreational Vehicle may be stored on owner's unit.

(e)	Recreational Vehicles in disrepair or that have damaged exteriors may not be stored on any unit.

(f)	Absolutely no discharge of "grey water" or wastewater from any Recreational Vehicle will be tolerated. This violation is subject to penalty established by the condo association.

(g)	Unit owners shall have power service hooked up with ATCO. Once power service is available to unit owner. The use of portable power generators will not be allowed to minimize noise pollution.

1.18	WATER AND SEWAGE

(a)	A potable water supply will not be guaranteed or provided and it is the responsibility of the unit owner to provide their own source of potable water.

(b)	The owner must install an approved underground suck-out septic holding tank of sufficient size to meet the septic and wastewater requirements of the unit in accordance with prevailing Alberta standards.

(c)	All sewage and wastewater must be hauled to an offsite treatment facility.

(d)	All sewer tanks installed will be inspected as per tank specifications by a qualified inspector and tanks will be replaced if they do not pass inspection. All life expectancy dates on tanks must be recorded and given to the Architectural Review Committee (ARC) by each unit holder. Unit holders will be responsible to meet this requirement"

ARTICLE 2.0 INSURANCE

2.1	INSURANCE

(a)	Unit owners shall maintain and provide proof of adequate liability and fire insurance to the corporation on an annual basis.

2.2	PETS

(a)	All pets and animals shall be restrained and kept within the owner's unit.

(b)	All pets and animals shall not cause any nuisance, annoyance or excessive noise.

(c)	When off the owner's property, all pets and animals shall be properly controlled, leashed and supervised by the owner.

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(d)	All animal waste must be collected and disposed of by the owner of the animal when the animal is on common property.

(e)	On yards and private property all animal waste must be collected and disposed of by the owner to prevent odour and fly attraction.

(f)	"Invisible" pet fences are highly encouraged to contain pets on owner's property.

(g)	All pets must wear a collar identifying the owner(s) and contact information.