Basinview CC&R's

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DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS OF
BASINVIEW ESTATES CLUSTER SUBDIVISION
A COVENANTED SUBDIVISION
THIS DECLARATION is made and executed this ______ day of ____________, 2006 by
Basinview Development, L.C., a Utah Limited Liability Company, (the "Declarant").
R E C I T A L S:
A. Declarant is the record owner of that certain tract of land (the "Property") in the
county of Weber, state of Utah, which is more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof. Declarant desires to create on said Property a
residential development with Common Areas.
B. Declarant desires to provide for preservation of the values and amenities of the
Property and for maintenance of the Common Areas.
C. Declarant has deemed it desirable, for the efficient preservation of the values and
amenities of the Property, to create an entity which possesses the powers to maintain and
administer the Common Areas, collect and disburse the assessments and charges provided for in
the Declaration and otherwise administer and enforce the provisions of the Declaration. For such
purposes, Declarant has caused to be incorporated, under the laws of the State of Utah, the
Basinview Estates Home Owners Association, a Utah non-profit corporation (the "Association").
NOW, THEREFORE, for the foregoing purposes, the Declarant declares that the Property
shall be subject to this Declaration and that the Property is and shall be held, transferred, sold,
conveyed and occupied subject to the covenants, restrictions, easements, charges and liens
hereinafter set forth.
ARTICLE I - DEFINITIONS
When used in this Declaration (including in that portion hereof headed "Recitals") the
following terms shall have the meaning indicated:
1.1 Association shall mean the Basinview Estates Home Owners Association, a Utah
non-profit corporation.
1.2 Board shall mean the Board of Trustees of the Association.
1.3 Common Areas shall mean all property, including open space, streets, roadways,
rights-of-way and utilities, owned or designated on the recorded plat as being intended ultimately
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to be owned by the Association for the common use and enjoyment of the Owners, together with
all improvements thereon and all easements appurtenant thereto.
1.4 Declaration shall mean this Declaration of Covenants, Conditions and Restrictions
of Basinview Estates Cluster Subdivision, a Covenanted Subdivision.
1.5 Architectural Control Committee shall mean the Architectural Control Committee
established by and referred to in Article VIII of this Declaration.
1.6 Living Unit shall mean a structure which is designed and intended for use and
occupancy as a single-family residence, together with all improvements located on the same
Residential Lot and used in conjunction with such residence.
1.7 Managing Agent shall mean any person or entity appointed or employed as
Managing Agent pursuant to Section 4.1 of Article IV of this Declaration.
1.8 Mortgage shall mean any mortgage, deed of trust, or trust deed or the act of
encumbering any property by a mortgage, deed of trust or trust deed; and mortgagee shall mean
any mortgagee of a mortgage and any trustee or beneficiary of a deed of trust or trust deed.
1.9 Owner shall mean any person who is the owner of record (as reflected by the
records in the office of the County Recorder of Weber County, Utah) of a fee or undivided fee
interest in any Residential Lot, including contract sellers, but not including purchasers under
contract until such contract is fully performed and legal title is conveyed of record.
Notwithstanding any applicable theory relating to mortgages, no mortgagee shall be an Owner
unless such party acquires fee title pursuant to foreclosure or sale or conveyance in lieu thereof.
Declarant shall be an Owner with respect to each Residential Lot owned by it.
1.10 Property shall mean the Property described in Exhibit "A" attached hereto, which
includes all land covered by this Declaration, including Common Areas.
1.11 Residential Lot shall mean and refer to any one of the eight (8) lots of land within
the boundary of the Property as shown upon and designated on the Plat.
1.12 Plat shall mean and refer to the Plat of Basinview Estates Cluster Subdivision, A
Covenanted Subdivision, prepared and certified by Robert D. Kunz, a registered professional
surveyor, executed and acknowledged by Mark A. Bates on August 4, 2006, which is being
recorded in the official records of Weber County, Utah, shortly before the recording of this
Declaration.
1.13 Member shall mean and refer to every person who holds membership in the
Association.
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1.14 Declarant shall mean Basinview Development, L.C., and its successors and
assigns.
1.15 Roadways shall mean that portion of the Common Areas consisting of the streets
and roads within the Property for the use and benefit of the Owners as such are identified and
depicted on the Plat.
ARTICLE II - SUBMISSION AND DIVISION OF PROJECT
2.1 Submission. The Property which is and shall be held, transferred, sold, conveyed,
and occupied subject to the provisions of this Declaration consists of the real property situated in
Weber county, state of Utah, described in Exhibit "A" attached hereto and by this reference made
a part hereof. The Property is being subdivided into eight (8) Lots, identified as Lots 1 through 8,
Basinview Estates Cluster Subdivision, A Covenanted Subdivision, as identified in the Plat.
2.2 Division into Lots and Common Areas. The Property is hereby divided into eight
(8) Lots, each consisting of a fee simple interest in a portion of the Property as set forth in the Plat.
All portions of the Property not designated as Lots shall constitute the Common Areas, which
shall be owned by the Association for the benefit of all Owners in accordance with the provisions
of this Declaration.
ARTICLE III - MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
3.1 Membership. Every Owner upon acquiring title to a Residential Lot shall
automatically become a member of the Association and shall remain a member thereof until such
time as his/her ownership of such Residential Lot ceases for any reason, at which time his/her
membership in the Association with respect to such Residential Lot shall automatically cease and
the successor Owner shall become a Member. Membership in the Association shall be mandatory
and shall be appurtenant to and may not be separated from the ownership of a Residential Lot.
3.2 Voting Rights. The Association shall have the following described two classes of
Voting membership:
Class A. Class A members shall be all Owners, but excluding the Declarant until
the Class B membership ceases. Class A members shall be entitled to one vote for each
Residential Lot in which the interest required for membership in the Association is held.
Class B. Declarant shall be the sole Class B Member. The Class B Member shall
be entitled to four votes for each Residential Lot which it owns. The Class B membership
shall automatically cease and be converted to Class A membership on the first to occur of
the following events:
(a) When the total number of votes held by all Class A Members equals
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a combined total of five (5) or more; or
(b) December 31, 2015.
3.3 Multiple Ownership Interests. In the event there is more than one Owner of a
particular Residential lot, the vote relating to such Residential Lot shall be exercised as such
Owners may determine among themselves, but in no event shall more than one Class A vote be
cast with respect to any Residential Lot. A vote cast at any Association meeting by any of such
Owners, whether in person or by proxy, shall be conclusively presumed to be the entire vote
attributable to the Residential Lot concerned unless an objection is made at the meeting by another
Owner of the same Residential Lot, in which event a majority in interest of the co-owners as
shown on the record of ownership maintained by the Association shall be entitled to cast the vote.
.
3.4 Record of Ownership. Every Owner shall promptly cause to be duly filed of record
the conveyance document to him/her of his/her Residential Lot and shall file a copy of such
conveyance document with the secretary of the Association, who shall maintain a record of
ownership of the Residential Lots. Any Owner who mortgages his Residential lot or any interest
therein by a Mortgage which has priority over the lien of any assessment provided herein shall
notify the secretary of the Association of the name and address of the mortgagee and also of the
release of such Mortgage; and the secretary of the Association shall maintain all such information
in the record of ownership.
ARTICLE IV - OPERATION AND MAINTENANCE
4.1 Duties of the Association. Without limiting any other duties which may be
imposed upon the Association by its Articles of Incorporation or this Declaration, the Association
shall have the obligations and duties to do and perform each and every one of the following for the
benefit of the Owners and the maintenance and improvement of the Property:
(a) The association shall accept all owners as Members of the Association.
(b) The Association shall accept title to all Common Areas conveyed to it by
the Declarant.
(c) The Association shall provide and be responsible for the management,
control, operation, care, maintenance, repair, replacement, and upkeep of the Common
Areas, including snow removal, and shall keep the same in good, clean, attractive, safe and
sanitary condition, unless, until and except to the extent that such responsibility is
transferred to and accepted by some other authority, public agency, or utility, and such
transfer is agreed to by Members holding at least two-thirds (2/3) of the votes of each class
of membership of the Association.
(d) To the extent not assessed to or paid by the Owners directly, the
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Association shall pay all real property taxes and assessments, levied upon any portion of
the Common Areas, provided that the Association shall have the right to contest or
compromise any such taxes or assessments.
(e) The Association shall obtain and maintain in force the policies of insurance
required by Article IX of this Declaration.
(f) The Association may employ a responsible corporation, partnership, firm,
person or other entity to act as the Managing Agent to manage and control the Common
Areas, subject at all times to direction by the Board, with such administrative functions and
powers as shall be delegated to the Managing Agent by the Board. The compensation of
the Managing Agent shall be such as shall be specified by the Board. Any agreement
appointing a Managing Agent shall be terminable by the Board with cause upon five (5)
days written notice thereof and at any time without cause or payment of a termination fee
upon ninety (90) days written notice thereof, and the term of any such agreement may not
exceed one (1) year, renewable by agreement of the parties for successive one-year
periods. Any Managing Agent shall be an independent contractor and not an agent or
employee of the Association.
4.2 Powers and Authority of the Association. The Association shall have all the
powers set forth in its Articles of Incorporation, together with its general powers as a non-profit
corporation, and the power to do any and all things which may be authorized, required or permitted
to be done by the Association under and by virtue of this Declaration, including the power to levy
and collect assessments as hereinafter provided. Without in any way limiting the generality of the
foregoing, the Association shall have the following powers:
(a) The Association shall have the power and authority at any time and from
time to time and without liability to any Owner for trespass, damage or otherwise, to enter
upon any Residential Lot for the purpose of maintaining and repairing such Residential Lot
or any improvement thereon if for any reason the Owner fails to maintain and repair such
Residential Lot or improvement, or for the purpose of removing any improvement
constructed, reconstructed, refinished, altered or maintained upon such Residential Lot in
violation of this Declaration. The Association shall also have the power and authority from
time to time in its own name, on its own behalf, or in the name and behalf of any Owner or
Owners who consent thereto, to commence and maintain actions and suits to restrain and
enjoin any breach or threatened breach of this Declaration or any rules and regulations
promulgated by the Board, or to enforce by mandatory injunction or otherwise all of the
provisions of this Declaration and such rules and regulations.
(b) In fulfilling any of its duties under this Declaration, including its duties for
the maintenance, repair, operation or administration of the Common Areas and Residential
Lots (to the extent required herein or necessitated by the failure of the Owners of such
Residential Lots) or in exercising any of its rights to construct improvements or other work
upon any of the Common Areas, and provided that any contract for goods or services
having a term of more than one (1) year shall state that it may be terminated by either party
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at the end of the first year or at any time thereafter upon not less than ninety (90) days'
written notice, the Association shall have the power and authority (i) to pay and discharge
any and all liens placed upon any Common Areas on account of any work done or
performed by the Association in the fulfillment of any of its obligations and duties of
maintenance, repair, operation or administration and (ii) to obtain, contract and pay for, or
otherwise provide for:
(1) Maintenance, repair and replacement of any private gates, all
Roadways and appurtenant improvements, including the removal of snow thereon,
on such terms and conditions as the Board shall deem appropriate;
(2) Construction, maintenance, repair and landscaping of the Common
Areas, including all surface run-off, drainage and detention facilities, on such terms
and conditions as the Board shall deem appropriate;
(3) Such insurance policies or bonds as the Board may deem
appropriate for the protection or benefit of Declarant, the Association, the members
of the Board, the members of the Architectural Control Committee and the Owners;
(4) Such utility services, subject to availability, including (without
limitation) culinary water, secondary water, sewer, trash removal, electrical,
telephone and gas services, as the Board may from time to time, in its sole
discretion, deem desirable;
(5) The services of architects, engineers, attorneys and certified public
accountants and such other professional or nonprofessional services as the Board
may deem desirable;
(6) Fire, police and such other protection services as the Board may
deem desirable for the benefit of the Owners or any of the Property;
(7) Such materials, supplies, furniture, equipment, services and labor as
the Board may deem necessary; and
(c) The Board may delegate to a Managing Agent any of its powers under this
Declaration; provided, however, that the Board cannot delegate to such Managing Agent
the power to execute any contract binding on the Association for a sum in excess of $7,500,
subject to reasonable adjustments from time to time by the Board, nor the power to sell,
convey, mortgage or encumber any Common Areas.
4.3 Failure to Maintain Lot. Upon thirty (30) days prior written notice to the Owner,
the Association shall have the power and authority to hire a responsible corporation, partnership,
firm, person or other entity to maintain the Lot of an Owner should the Owner thereof fail to
properly maintain the same. The cost to maintain a Lot for an Owner shall be charged to the
Owner and may be included in the next scheduled monthly assessment to the Owner.
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4.4 Association Rules. The Board from time to time and subject to the provisions of
this Declaration may adopt, amend, repeal and enforce rules and regulations governing, among
other things, (a) the use and maintenance the Common Areas; (b) the use of any Roadways or
utility facilities owned by the Association; (c) the collection and disposal of refuse; (d) the
maintenance of animals on the Property; and (e) other matters concerning the use and enjoyment
of the Property and the conduct of residents.
4.5 Limitation of Liability. No member of the Board acting in good faith shall be
personally liable to any Owner, guest, lessee or any other person for any error or omission of the
Association, its representatives and employees, the Board, the Architectural Control Committee or
the Managing Agent.
4.6 Limitation on Granting Easement to Adjacent Property Owners. The Association
acknowledges that Declarant has paid for all infrastructure running through the Project with the
expectation that it will receive reimbursement for a portion of the same through negotiating and
granting access easement(s) through the Property. To that end, the Association agrees that it shall
not grant an easement through the Common Area(s) of the Property for the benefit of any adjacent
property owners without first obtaining the prior written consent of Declarant. In addition, the
Association hereby assigns, in perpetuity, to Declarant the exclusive right to negotiate any such
easements and the right to collect and keep any money obtained from the granting of such
easement(s) as and for infrastructure reimbursement. The Association hereby grants to Declarant
the power of attorney, coupled with an interest, and with full authority, to execute, on behalf of the
Association, any such easement(s) without further authority or consent by the Association.
ARTICLE V - ASSESSMENTS
5.1 Personal Obligation and Lien. Each Owner shall by acquiring or in any way
becoming vested with his/her interest in a Residential Lot, be deemed to covenant and agree to pay
to the Association the monthly and special assessments described in this Article, together with late
payment fees, interest and costs of collection, if and when applicable. All such amounts shall be,
constitute and remain: (a) a charge and continuing lien upon the Residential Lot with respect to
which such assessment is made until fully paid; and (b) the personal, joint and several obligation
of the Owner or Owners of such Lot at the time the assessment fails due. No Owner may exempt
himself or his Residential Lot from liability for payment of assessments by waiver of his rights in
the Common Areas or by abandonment of his Residential Lot. In a voluntary conveyance of a
Residential lot, the grantee shall be jointly and severally liable with the grantor for all unpaid
monthly and special assessments, late payment fees, interest and costs of collection which shall be
a charge on the Residential Lot at the time of the conveyance, without prejudice to the grantee's
right to recover from the grantor the amounts paid by the grantee therefor.
5.2 Purpose of Assessments. Assessments levied by the Association shall be used
exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents
of the Property. The use made by the Association of funds obtained from assessments may include
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payment of the cost of taxes and insurance on the Common Areas; maintenance, repair, and
improvements of the Common Areas; management and supervision of the Common Areas;
establishing and funding of a reserve to cover major repair or replacement of improvements within
the Common Areas; and any expense necessary or desirable to enable the Association to perform
or fulfill its obligations, functions or purposes under this Declaration or its Articles of
Incorporation. The Association shall maintain an adequate reserve fund or funds for maintenance,
repairs and replacement of those elements of the Common Areas that must be maintained, repaired
or replaced on a periodic basis.
5.3 Monthly Assessments. The Board shall from time to time and in its discretion set
the amount of the monthly assessment in an amount reasonably estimated by the Board to be
sufficient to meet the obligations imposed by this Declaration and on the basis specified in Section
5.07 below.
5.4 Special Assessments. From and after the date set under Section 5.8 of this Article,
the Association may levy special assessments for the purpose of defraying, in whole or in part: (a)
any expense or expenses not reasonably capable of being fully paid with funds generated by
monthly assessments; or (b) the cost of any construction, reconstruction, or unexpectedly required
repairs or replacement of the Common Areas. Any such special assessment must be assented to
by a majority of the votes of the membership which Owners present in person or represented by
proxy are entitled to cast at a meeting duly called for that purpose. Written notice setting forth the
purpose of such meeting shall be sent to all Owners at least ten (10) but not more than thirty (30)
days prior to the meeting date.
5.5 Quorum Requirements. The quorum at any meeting required for any action
authorized by Section 5.4 above shall be as follows: At the first meeting called, the presence of
Owners or of proxies entitled to cast at least fifty percent (50%) of all of the votes of each class of
membership shall constitute a quorum. If a quorum is not present at the first meeting or any
subsequent meeting, another meeting may be called (subject to the notice requirements set forth in
Section 5.4) at which those present shall constitute a quorum. No such subsequent meeting shall
be held more than forty-five (45) days following the immediately preceding meeting.
5.6 Special Assessment on Specific Residential Lots. In addition to the monthly
assessment and any special assessment authorized pursuant to Section 5.4 above, the Board may
levy at any time special assessments (a) on every Residential Lot especially benefited by any
improvement to adjacent Roadways, planting areas or other portions of the Common Areas made
on the written request of the Owner of the Residential Lot to be charged, (b) on every Residential
Lot the Owner or occupant of which shall cause any damage to the Common Areas necessitating
repairs, and (c) on every Residential Lot as to which the Association shall incur any expense for
maintenance or repair work performed, or enforcement action taken, pursuant to Section 4.2(a) of
Article IV or other provisions of this Declaration. The aggregate amount of any such special
assessments shall be determined by the cost of such improvements, repairs, maintenance or
enforcement action, including all overhead and administrative costs, and shall be allocated among
the affected Residential Lots according to the special benefit or cause of damage or maintenance
or repair work or enforcement action, as the case may be, and such assessment may be made in
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advance of the performance of work. If a special benefit arises from any improvement which is
part of the general maintenance obligations of the Association, it shall not give rise to a special
assessment against the Residential Lots benefited.
5.7 Uniform Rate of Assessment. All monthly and special assessments authorized by
Section 5.3 or 5.4 above shall be fixed at a uniform rate for all Residential Lots; provided,
however, that the monthly assessment applicable to such Residential Lots owned by Declarant
shall be ten percent (10%) of the monthly assessment which would otherwise apply to such
Residential Lot. No amendment of this Declaration changing the allocation ratio of such
assessments shall be valid without the consent of the Owners of all Residential Lots adversely
affected.
5.8 Monthly Assessment Due Dates. The monthly assessments provided for herein
shall commence as to all Residential Lots as of the second month following conveyance to the
Association of the Common Areas shown on the Plat. At least fifteen (15) days prior to such
commencement date and at least fifteen (15) days prior to the effective date of any change in the
amount of monthly assessments, the Association shall give each Owner written notice of the
amount and first due date of the assessment concerned.
5.9 Certificate Regarding Payment. Upon the request of any Owner or prospective
purchaser or encumbrancer of a Residential Lot and upon the payment of a reasonable fee to the
Association to cover administrative costs, the Association shall issue a certificate stating whether
or not payments of all assessments respecting such Residential Lot are current and, if not, the
amount of the delinquency. Such certificate shall be conclusive in favor of all persons who rely
thereon in good faith.
5.10 Effect of Nonpayment – Remedies. Any assessment not paid when due shall,
together with interest and costs of collection, be, constitute, and remain a continuing lien on the
affected Residential Lot. If any assessment is not paid within thirty (30) days after the date on
which it becomes due, the amount thereof shall bear interest from the due date at the rate of one
and one-half percent (1 1/2%) per month; and the Association may bring an action against the
Owner who is personally liable or may foreclose its lien against the Residential Lot, or both. Any
judgment obtained by the Association in connection with the collection of delinquent assessments
and related charges shall include reasonable attorney's fees, court costs and every other expense
incurred by the Association in enforcing its rights.
5.11 Subordination of Lien to Mortgages. The lien of the assessments provided herein
shall be subordinate to the lien of any first Mortgage to a bank, savings and loan association,
insurance company or other institutional lender; and the holder of any such first Mortgage or
purchaser who comes into possession of a Residential Lot by virtue of the foreclosure of such
Mortgage or the exercise of a power of sale under such mortgage, or by deed in lieu of foreclosure,
shall take free of such assessment lien as to any assessment which accrues or becomes due prior to
the time such holder or purchaser takes possession of such Residential Lot; provided, that to the
extent there are any proceeds of the sale on foreclosure of such Mortgage or by exercise of such
power of sale in excess of all amounts necessary to satisfy all indebtedness secured by and owed
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to the holder of such Mortgage, the lien shall apply to such excess. No sale or transfer shall relieve
any Resident Lot from the lien of any assessment thereafter becoming due.
ARTICLE VI - PROPERTY RIGHTS AND CONVEYANCES
6.1 Easement Concerning Common Areas. Each Owner shall have a nonexclusive
right and easement of use and enjoyment in and to the Common Areas. Such right and easement
shall be appurtenant to and shall pass with title to each Residential Lot and in no event shall be
separated therefrom. Any Owner may delegate the right and easement of use and enjoyment
described herein to any family member, household guest, tenant, lessee, contract purchaser, or
other person who resides on such owner's Residential Lot. Notwithstanding the foregoing, no
Owner shall have any right or interest in any easements forming a portion of the Common Areas
except for the necessary parking, access, communication, utility, drainage and sewer purposes for
which such easements are intended for use in common with others.
6.2 Form of Conveyancing. Any deed, mortgage, deed of trust, or other instrument
conveying or encumbering title to a Residential Lot shall describe the interest or estate involved
substantially as follows:
Lot No. _________ of Basinview Estates Cluster Subdivision, A Covenanted
Subdivision, according to the Plat thereof recorded in Book ______, Page ______,
of the Official Records of Weber County, which Lot is contained within Basinview
Estates Cluster Subdivision, A Covenanted Subdivision, identified in the
"Declaration of Covenants, Conditions, and Restrictions of Basinview Estates
Cluster Subdivision, A Covenanted Subdivision" recorded in Book ______ at Page
______. SUBJECT TO the covenants, conditions, restrictions, easements, charges
and liens provided for in said Declaration of Covenants, Conditions and
Restrictions.
Whether or not the description employed in any such instrument is in the above-specified form,
however, all provisions of this Declaration shall be binding upon and shall inure to the benefit of
any party who acquires any interest in a Residential Lot. Any lease of a Residential Lot shall be in
writing and shall provide that the terms of the Lease shall be subject in all respects to the
provisions of this Declaration and the Articles of Incorporation of the Association and that any
failure by the lessee to comply with the terms of such documents shall be a default under the Lease.
6.3 Transfer of Title to Common Areas. Declarant shall convey to the Association title
to the various Common Areas free and clear of all liens (other than the lien of current general taxes
and the lien of any non delinquent assessments, charges, or taxes, imposed by governmental or
quasi-governmental authorities).
6.4 Limitation on Easement. An Owner's right and easement of use and enjoyment
concerning the Common Areas shall be subject to the following:
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(a) The right of the Association to govern by rules and regulations the use of
the Common Areas for the Owners so as to provide for the enjoyment of the Common
Areas by every Owner in a manner consistent with the preservation of quiet enjoyment of
the Residential Lots by every Owner, including the right of the Association to impose
reasonable limitations on the number of guests per Owner who at any given time are
permitted to use the Common Areas;
(b) The right of the Association to suspend an Owner's right to the use of any
amenities included in the Common Areas for any period during which an assessment on
such Owner's Residential Lot remains unpaid and for a period not exceeding ninety (90)
days for any infraction by such Owner of the provisions of this Declaration or of any rule
or regulation promulgated by the Board;
(c) The right of Weber County and any other governmental or
quasi-governmental body having jurisdiction over the Property, to enjoy access and rights
of ingress and egress over and across any street, parking area, walkway, or open area
contained within the Common Areas for the purpose of providing police and fire
protection, transporting school children, and providing any other governmental or
municipal service; and
(d) The right of the Association to dedicate or transfer any part of the Common
Areas to any public agency or authority for such purposes and subject to such conditions
as may be agreed to by the Association, provided that such dedication or transfer must first
be assented to in writing by (1) all holders of first mortgages secured by Residential Lots
and (2) the Owners of at least seventy-five percent (75%) of the Residential Lots (not
including Residential Lots owned by Declarant). No such dedication or transfer, however,
may take place without the Association first receiving written approval from Weber
County pursuant
to all applicable state rules and ordinances in effect at the time of such proposed dedication
or transfer.
6.5 Reservation of Access and Utility Easements. Declarant reserves easements for
access, electrical, gas, communications, cable television and other utility purposes and for sewer,
drainage and water facilities, (whether servicing the Property or other premises or both) over,
under, along, across and through the Property, together with the right to grant Weber County, or
any other appropriate governmental agency or to any public utility or other corporation or
association, easements for such purposes over, under, across, along and through the Property upon
the usual terms and conditions required by the grantee thereof for such easement rights, provided,
however, that such easement rights must be exercised in such manner as not to interfere
unreasonably with the use of the Property by the Owners and the Association and those claiming
by, through or under the Owners or the Association; and in connection with the installation,
maintenance or repair of any facilities as provided for in any of such easements, the Property shall
be promptly restored by and at the expense of the person owning and exercising such easement
rights to the approximate condition of the Property immediately prior to the exercise thereof.
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6.6 Easements for Encroachments. If any part of the Common Areas as improved by
Declarant now or hereafter encroaches upon any Residential Lot or if any structure constructed by
Declarant on any Residential Lot now or hereafter encroaches upon any other Residential Lot or
upon any portion of the Common Areas, a valid easement for such encroachment and the
maintenance thereof, so long as it continues, shall exist. If any structure on any Residential Lot
shall be partially or totally destroyed and then rebuilt in a manner intended to duplicate the
structure so destroyed, minor encroachments of such structure upon any other Residential Lot or
upon any portion of the Common Areas due to such reconstruction shall be permitted; and valid
easements for such encroachments and the maintenance thereof, so long as they continue, shall
exist.
6.7 Easements for Construction and Development Activities. Declarant reserves
easements and rights of ingress and egress over, under, along, across and through the Property and
the right to make such noise, dust and other disturbance as may be reasonably incident to or
necessary for the (a) construction of Living Units on Residential Lots, (b) improvement of the
Common Areas and construction, installation and maintenance thereon of Roadways, walkways,
buildings, structures, landscaping, and other facilities designed for the use and enjoyment of some
or all of the Owners, and (c) construction, installation and maintenance on lands within, adjacent
to, or serving the Property of Roadways, walkways, and other facilities, planned for dedication to
appropriate governmental authorities. The reservations contained in this paragraph shall expire
twenty (20) years after the date on which this Declaration was first filed for record in the Office of
the County Recorder of Weber County, Utah.
6.8 Grant of Easement to Weber County. Declarant hereby dedicates, grants and
conveys to Weber County a perpetual right-of-way and easement over, upon and under the lands
designated on the Plat as Common Area, Roadways, and easements for public Utility and drainage
purposes as indicated on the Plat, the same to be used for the installation, maintenance and
operation of public utility service lines and storm drainage facilities, the same to be maintained
and managed by the Association.
ARTICLE VII - LAND USE RESTRICTIONS AND OBLIGATIONS
7.1 General Restrictions and Requirements.
(a) No improvement, excavation, fill or other work (including the installation
of any wall or fence) which in any way alters any Residential Lot from its natural or
improved state existing on the date such Residential Lot is first conveyed by Declarant to
a purchaser shall be made or done except upon strict compliance with the provisions of this
Article VII and the provisions of Article VIII, or the Architectural Guidelines.
(b) Residential Lots shall be used only for single-family residential purposes,
and no more than one Living Unit shall be constructed on any Residential Lot. The
facilities and improvements constituting part of the Common Areas shall be used only for
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the purposes and uses for which they are designed. Common Areas shall be used only for
natural recreational uses which do not injure or scar the Common Areas or the vegetation
thereof, increase the cost of maintenance thereof or cause unreasonable embarrassment,
disturbance or annoyance to Owners in their enjoyment of their Residential Lots and
Living Units or the Common Areas.
(c) Businesses, professions or trades may be operated or maintained in a
Residential Lot subject to the prior written approval of the Board, which approval shall not
be unreasonably withheld, subject to the following limitations: (i) any such business,
profession or trade may not require heavy equipment or create a nuisance within the
Project, (ii) may not noticeably increase the traffic flow to the project, (iii) may not be
observable from outside the Residential Lot, and (iv) may only be carried on following
approval from Weber County pursuant to all applicable state and county rules and
ordinances in effect at the time any such use is requested. Specifically, it is contemplated
that certain businesses, professions or trade which rely heavily on the Internet and other
similar type of technological advances may be operated or maintained within a Residential
Lot, subject to the foregoing limitations and all other limitations of this Declaration.
(d) No noxious or offensive activity shall be carried on upon any Residential
Lot, nor shall anything be done or placed thereon which may be or become a nuisance, or
cause unreasonable embarrassment, disturbance, or annoyance to other Owners in the
enjoyment of their Residential Lots and Living Units or the Common Areas. Without
limiting the foregoing, no exterior speakers, horns, whistles, bells or other sound devices,
except security devices used exclusively to protect the security of the Residential Lot and
Living Unit thereon, shall be placed or used upon any Residential Lot without the prior
written approval of the Architectural Control Committee.
(e) No furniture, fixtures, appliances or other goods and chattels shall be stored
in such a manner as to be visible from neighboring Residential Lots, Roadways or
Common Areas.
(f) Each Residential Lot, and all improvements located thereon, shall be
maintained by the Owner thereof in good condition and repair, and in such manner as not
to create a fire hazard, all at the Owner's expense.
(g) All garbage, rubbish, and trash shall be kept in covered containers. In no
event shall such containers be maintained so as to be visible for neighboring Residential
Lots, Roadways, or Common Areas. The storage, collection and disposal of garbage,
rubbish and trash shall be in strict compliance with applicable laws and the rules and
regulations of the Board.
(h) No Residential Lot shall be resubdivided.
(i) All improvements shall be constructed in accordance with applicable
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building line and setback provisions of zoning ordinances.
(j) All structures constructed on any Residential Lot shall be constructed with
new materials unless otherwise permitted by the Architectural Control Committee; and no
used structures shall be relocated or placed on any Residential Lot.
(k) All improvements located on any Residential Lot including any and all
landscaping shall be constructed and placed upon a lot shall be in accordance with the
Architectural Guidelines, a copy of which are attached hereto as Exhibit “C” and
incorporated herein by this reference and with the prior written approval of the
Architectural Control Committee as required in the Architectural Guidelines.
(l) No alterations to any improvements or landscaping shall be made except in
accordance with this Declaration and the Architectural Guidelines.
(m) No Living Unit shall be permitted to remain incomplete for a period in
excess of one (1) year from the date of commencement of construction unless any delays
are approved by the Architectural Control Committee.
(n) No accessory building shall be constructed upon any Residential Lot unless
specifically allowed by the Architectural Guidelines prior approved by the Architectural
Control Committee. In the absence of any architectural standards, no such accessory
building shall be allowed.
(o) No Living Unit shall be occupied until the same is (i) substantially
completed in accordance with the plans of the Unit type and (ii) the Living Unit is
approved for occupancy by Weber County.
(p) No Owner of any Residential Lot, except Declarant, shall build or permit
the building thereon of any structure that is to be used as a model or exhibit unless a permit
to do so is first granted by the Architectural Control Committee.
(q) No improvement which suffers partial or total destruction shall be allowed
to remain on any Residential Lot in such a state for more than three (3) months after the
date of such destruction.
(r) No outside toilet, other than self-contained portable toilet units used during
construction, shall be placed or constructed on any Residential Lot or the Common Areas.
All plumbing fixtures, dishwashers, garbage disposals, toilets and sewage disposal
systems shall be connected to a sewage system.
(s) No exterior antenna or satellite dish of any sort shall be installed or
maintained on any Residential Lot except of a height, size and type approved by the
Architectural Control Committee. No activity shall be conducted within the Property
which interferes with television or radio reception.
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(t) No Outside clotheslines and other outside clothes drying or airing facilities
shall be maintained on any Residential Lot unless the same is maintained within a fenced
enclosure and not visible from the Roadways.
(u) No drilling (except for a water well expressly permitted), refining,
quarrying or mining operations of any kind shall be permitted upon any Residential Lot or
the Common Areas, and no derrick, structure, pump or equipment designed for use in any
such activity shall be erected, maintained or permitted on any Residential Lot or the
Common Areas. There shall be no water well developed on any Residential Lot by the
Owner thereof unless (i) a permit is first obtained from the Board and (ii) the Board first
approves the location and facilities used in connection with such well.
(v) There shall be no blasting or discharge of explosives upon any Residential
Lot or the Common Areas except as permitted by the Board; provided that this provision
shall in no way limit or restrict Declarant in its activities in connection with and during the
development and sale of Residential Lots.
(w) No signs whatsoever shall be erected or maintained upon any Residential
Lot, except:
(1) Such signs as may be required by legal proceedings,
(2) Such signs as Declarant may erect or maintain on a Residential Lot,
the Common Areas, or at the entrance of the Property.
(3) One "For Sale" or "For Rent" sign having a maximum face area of
six (6) square feet and referring only to the premises on which it is situated.
(x) Except to the extent used by Declarant in connection with and during the
development and sale of Residential Lots, no mobile home or similar facility shall be
placed upon any Residential Lot, the Common Areas, or adjoining public streets except for
temporary storage in strict accordance with the rules and regulations of the Board. No
stripped down, wrecked or junk motor vehicles shall be kept, parked, stored or maintained
on any Residential Lot, Common Areas, or Roadways. No large commercial vehicle,
motor home, camping trailer, snowmobile trailer, or the like, shall be parked on any
Residential Lot, Roadways, or Common Areas, except as prior approved by the Board.
(y) Maintenance of any animals on any Residential Lot shall be subject to the
following restrictions and limitations:
(1) No livestock of any kind, including, but not limited to, pigs, cows,
goats, sheep, horses, etc. may be kept or maintained on any Residential Lot.
(2) No dangerous or nuisance animals, as defined by the Board, may be
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maintained or kept on any Residential Lot.
(3) The area of any Residential Lot occupied by an animal shall be
properly maintained so as not to create any noxious or offensive odors or
conditions which is or may become a nuisance or may cause disturbance or
annoyance to other Owners in the Project.
(4) No animals shall be permitted on the Common Areas except when
accompanied by and under the control of the persons to whom they belong.
(5) The use and control of any animals shall be subject to further control
by rules and regulations set forth in the Architectural Guidelines and as further
promulgated by the Board from time to time.
(z) Subject to further control by rules and regulations promulgated by the
Board, only a reasonable number of generally recognized house pets shall be kept on any
Lot. House pets shall be permitted on the Common Areas when accompanied by and under
the control of the person to whom they belong. No animals of any kind shall be raised for
commercial purposes unless prior written approval is obtained from the Board.
(aa) There shall be no exterior fires, except fires started and controlled by the
Association incidental to the maintenance and preservation of any portion of the Property
and barbecue and incinerator fires contained within facilities or receptacles designed for
such purposes. No Owner shall cause or permit any condition which creates a fire hazard,
creates a nuisance, or is in violation of any fire prevention regulations.
(bb) There shall be no camping upon any Residential Lot or Common Areas
except as permitted by the Board by written license.
(cc) No Owner or guest shall park any vehicle or cause any obstruction in front
of a driveway.
7.2 Exemption of Declarant. Notwithstanding the provisions of Section 7.1, the
Declarant shall have the right to use any Residential Lot or Living Unit owned by it, and any part
of the Common Areas reasonably necessary or appropriate, in furtherance of any construction,
marketing, sales, management, promotional or other activities designed to accomplish or facilitate
improvement of the Common Areas or improvement and sale of all Residential Lots owned by
Declarant.
7.3 Enforcement of Land Use Restrictions. The following persons shall have the right
to exercise or seek any remedy at law or in equity to enforce strict compliance with this
Declaration:
(a) Declarant, so long as it has any interest in any of the Property or Residential
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Lots;
(b) Any Owner; or
(c) The Association.
The prevailing party in an action for the enforcement of any provisions of this Declaration shall be
entitled to collect court costs and reasonable attorney's fees.
7.4 Conditional Notes on Plat. Neither the Association nor any Owner of a Residential
Lot shall have the authority to waive or alter the conditions or requirements set out as notes on the
Plat.
ARTICLE VIII - ARCHITECTURAL CONTROL
8.1 Organization of the Architectural Control Committee. There shall be an
Architectural Control Committee consisting of not fewer than three (3) members. Each member
shall hold his office until such time as he has resigned, been removed, or his successor has been
appointed. The members of the Architectural Control Committee need not be Owners. Declarant
shall have the right to appoint, remove and increase the number of members of the Architectural
Control Committee; provided that such right shall vest in the Board upon the expiration of any
continuous period of eighteen (18) months during which Declarant at all times owns less than ten
percent (10%) of the Residential Lots then covered by this Declaration. Declarant may voluntarily
relinquish control of the Architectural Control Committee to the Board at any time. Whenever the
Architectural Control Committee consists of more than three (3) members, it may designate
subcommittees, each consisting of at least three (3) members. Unless authorized by the Board, the
members of the Architectural Control Committee shall not receive any compensation, but all
members shall be entitled to reimbursement from the Association for reasonable expenses incurred
in the performance of any Architectural Control Committee function.
8.2 Address of Architectural Control Committee. The address of the Architectural
Control Committee shall be the address established for giving notice to the Association, unless
otherwise specified by the Committee. Such address shall be the place for submittal of plans and
specifications, and the place where the current Architectural Guidelines shall be kept.
8.3 Actions Requiring Approval. No fence, wall, Living Unit, accessory or addition to
a Living Unit, or landscaping or other improvement of a Residential Lot shall be constructed or
performed, nor shall any alteration of any structure on any Residential Lot, including a change in
exterior color, be made, unless complete plans and specifications showing the nature, color, kind,
shape, height, materials and location of the same shall first be submitted to and approved by the
Architectural Control Committee in accordance with the Architectural Guidelines.
8.4 Resignation of Members. Any member of the Committee may, at any time, resign
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from the Committee upon written notice delivered to the Board.
8.5 Duties. It shall be the duty of the Committee to consider and act upon such
proposals or plans related to the development of the Property that are submitted pursuant to the
Architectural Guidelines, to enforce the Architectural Guidelines, and to amend the Architectural
Guidelines when, and in a manner deemed appropriate by, the Committee.
8.6 Meetings. The Committee shall meet from time to time as necessary to properly
perform its duties. The vote of a majority of the members shall constitute an act by the Committee.
The Committee shall keep on file all submittals and copies of all written responses to Owners to
serve as record of all actions taken.
8.7 Compensation. Unless authorized by the Association, the members of the
Committee shall not receive any compensation for services rendered. All members shall be
entitled to reimbursement for reasonable expenses incurred by them in connection with the
performance of their duties. Professional consultants and representatives of the Committee
retained for assistance in the review process shall be paid such compensation as the Committee
determines.
8.8 Non-Liability of Members. Neither the Committee, any member thereof, nor the
developer, shall be liable to the Association or to any Owner or other person for any loss or
damage claimed on account of any of the following:
(a) The approval or disapproval of, or the failure to approve or disapprove, or
act to approve or disapprove, any plans, drawing and specifications, whether or not
defective.
(b) The construction or performance of any work, whether or not pursuant to
approved plans, drawings, and specifications. .
(c) The development or manner of development of any property within the
Property.
8.9 Action Against Architectural Control Committee. Every Owner or other
person, by submission of plans and specifications to the Architectural Control Committee
for approval, agrees that he will not bring any action or suit against the Architectural
Control Committee, any of its members, nor the developers, regarding any action taken by
the Committee. Approval by the Architectural Control Committee of any improvement
only refers to the Architectural Guidelines and in no way implies conformance with local
government regulations. It shall be the sole responsibility of the Owner to comply with all
applicable government ordinances or regulations, including but not limited to zoning
ordinances and local building codes.
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8.10 Amendment of Architectural Guidelines and Building Envelope.
Notwithstanding any language to the contrary in this Declaration or Appendixes attached
thereto, the Architectural Control Committee may, from time to time and at its sole
discretion, amend, revise or modify any portion of the Architectural Guidelines or the
Building Envelope referenced throughout this Declaration and all Appendixes attached
thereto without amending the Plat or receiving prior approval of the Owners and without
recording a copy of the same in the county recorder’s office. All such amendments or
revisions shall be appended to and made a part of this Declaration, the Plat, and the
Architectural Guidelines. Administrative changes may be made in like manner by the
Committee. It is the responsibility of all Owners or other interested individuals to request
from the Architectural Control Committee a copy of the most recent Architectural
Guidelines before purchasing, landscaping, modifying or constructing a home upon a Lot.
8.11 Enforcement. The Architectural Control Committee may, at any time,
inspect a homesite or improvement and, upon discovering a violation of the Architectural
Guidelines, provide a written notice of non-compliance to the Owner, including a
reasonable time limit within which to correct the violation, a notice of violation may also
be recorded by the Committee after the expirations of the time limit. If an Owner fails to
comply within this time period, the Architectural Control Committee or its authorized
agents may enter the homesite and correct the violation at the expense of the Owner of such
homesite; said expense to be secured by a lien upon such homesite enforceable in
accordance with this Declaration. In the event of any violation of the Architectural
Guidelines, the Architectural Control Committee may, at its sole discretion and in addition
to restoration expenses, impose without limitation a punitive fine, commensurate with the
severity of the violation.
8.12 Delegation of Authority. The Architectural Control Committee may
delegate any or all of its Architectural Review responsibilities to one or more of its
members, acting as a subcommittee of the Committee, and/or a professional design
consultant(s) retained by the Committee on behalf of the Association. Upon such
delegation, the actions of such members or consultant(s) shall be equivalent to action by
the Committee as a whole.
8.13 Pre-Design Conference. Prior to preparing preliminary plans for any
proposed improvement, it is mandatory that the Owner and/or his/her architect/designer
meet with a representative of the Architectural Control Committee on site to discus
proposed plans and to resolve any questions regarding the building requirements. This
informal review is to offer guidance prior to initiating preliminary design, and should occur
on site whenever possible. The parameters and directives identified at each Pre-Design
Conference remain valid for one year only. If the submittal of a preliminary design does
not occur within twelve months of a Pre-Design Conference, a supplementary Pre-Design
Conference is in order to review any changes in site conditions or revisions to the Design
Guidelines which may have transpired.
8.14 Preliminary Design Submittal. A Preliminary Design Submittal of two full
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size and three 11” x 17” sets of plans must follow within twelve months of the fulfillment
of the requisite Pre-Design Conference. When the Preliminary Design is complete, its
submittal for consideration must include all of the following exhibits. Review by the
Architectural Control Committee will not commence until the submittal is complete. The
Committee shall retain all sets of plans.
(a) Site plan (scale at a minimum of 1” = 20’), showing the entire property,
topography (at two foot contours or less), location of the proposed building
envelope, the residence and all buildings, driveway, parking area, proposed
topography, proposed finished floor elevations, edge of pavement or curb, utilities,
all trees, all clusters of native shrubs, and special terrain features to be preserved.
(b) Floor plans (scale 1/4" or 1/8" = 1'-0") showing proposed finished floor
elevations.
(c) All exterior elevations (scale 1/4" or 1/8" = 1'-0") showing both
existing and proposed grade lines, plate heights, ridge heights, roof pitch and a
preliminary indication of all exterior materials and colors.
(d) Any other drawings, materials or samples requested by the Committee.
8.15 Preliminary Architectural Review. The Architectural Control Committee
will review the plans and respond in writing no later than thirty (30) days after a submittal
is complete. Any response an Owner may wish to make regarding the results of an
architectural review must be addressed to the Architectural Control Committee in writing.
The Committee's approval of a preliminary design is valid for twelve months.
8.16 Final Design Submittal. A Final Design Submittal of two full and three 11”
x 17” sets of plans must follow within twelve months of the Committee's granting of
approval for a preliminary design. When the final design is complete, its submittal for
consideration must include the following exhibits. Review by the Committee will not
commence until the submittal is complete. The Committee shall retain all sets of plans.
(a) Site plan (scale at a minimum of 1” = 20’), showing the entire property,
topography (at two foot contours or less), location of the building envelope, the
residence and all buildings, driveway, parking area, edge of pavement or curb,
proposed topography, finished floor elevations, all protected plants or special
terrain features to be preserved, trees to be removed, all utility sources and
connections, and site walls.
(b) Floor plans (scale 1/4" = 1'-0") showing finished floor elevations.
(c) Roof plan (scale 1/4" = 1'-0") showing all roof pitches.
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(d) Building section (scale 1/4" = 1'-0" or larger), indicating existing and
proposed grade lines.
(e) All exterior elevations (scale 1/4" = 1'-0") showing both existing and
proposed grade lines, plat heights, roof pitch and an indication of exterior materials
and colors.
(f) A material board representing elements of foundation stone, exterior
wall finish, window clad, roofing material and any other exposed material or color.
(g) Complete landscape plan (scale 1" = 10' or 1" = 8'), showing size and
type of all proposed plants, irrigation system, all decorative materials or borders,
and all retained plants.
(h) On-site staking of all building corner and other improvements, if
requested by the Committee.
(i) Construction period site plan as described in the Architectural
Guidelines.
8.17 Agenda Deadline for Final Design Submittal. A Final Design Submittal
must be received at the designated address of the Architectural Control Committee by noon
of the Friday preceding a scheduled meeting of the Architectural Control Committee, in
order to be included on the agenda for consideration.
8.18 Deferral of Material or Color Selection. An applicant may wish to delay the
confirmation of landscaping intentions (if any) and final color or stonework selections until
some point in time after the start of construction, in order to better visualize landscape
considerations, or to test an assortment of potential colors with actual material intended for
use. The Architectural Control Committee will cooperate with the applicant in this regard,
provided that no landscape work may be started, nor color or material applied, until such
time as the Architectural Control Committee has had the opportunity to review and consent
to the final selections. Further, the provision stated here shall be a condition of Final
Design Approval, therefore application of any material, coating or finish without the
requisite resubmittal to the Committee shall have the effect of voiding the approval in its
entirety.
8.19 Site Inspection. As soon as the submission of final plans is complete, a
representative of the Architectural Control Committee will inspect the homesite to
determine that the conditions as depicted in the final submittal are accurate and complete.
8.20 Final Architectural Review. The Architectural Control Committee will
review the plans and respond in writing no later than thirty (30) days after a submittal is
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complete. No Owner, Architect/Designer or Builder shall have the right to attend any
meeting of the Architectural Control Committee unless specifically requested by the
Architectural Control Committee. Any response an Owner may wish to make regarding
the results of an Architectural Review must be addressed to the Architectural Control
Committee in writing. The Architectural Control Committee's approval of the final design
is valid for twelve months. It is necessary to receive a final approval before submitting
plans to the County for a building permit.
8.21 Re-submittal of Plans. In the event of any disapproval by the Architectural
Control Committee of either a Preliminary or Final Submittal, a resubmission of plans
should follow the same procedure as an original submittal. An additional Architectural
Review fee shall accompany each such submittal as required by the Architectural Control
Committee. Design approvals for each review step remain valid for one (1) year only.
Therefore, if an application lags the fulfillment of a preceding review phase by more than
twelve (12) months, that prerequisite step must be repeated, unless waived by the
Committee.
8.22 Pre-Construction Conference. Prior to commencing construction, the
builder must meet with a representative of the Committee to review construction
procedures and coordinate his/her activities in Basinview Estates Cluster Subdivision.
8.23 Commencement of Construction. Upon receipt of final approval from the
Architectural Control Committee, and having satisfied all Weber County review processes,
the Owner shall satisfy all conditions and commence the construction or any work pursuant
to the approved plans within one year from the date of such approval. If the Owner fails to
begin construction within this time period, any approval given by the Committee shall be
deemed revoked.
8.24 Completion of Construction. The Owner shall, in any event, complete the
construction of any improvement and all required landscaping on his/her Residential Lot
within twenty months after commencing construction thereof, except and for so long as
such completion is rendered impossible or would result in greater hardship to the Owner
due to labor strikes, fires, national emergencies or natural calamities. If the Owner fails to
comply with this schedule, the Architectural Control Committee, acting for the
Association, may in its sole discretion have the exterior of the improvement or any
unperformed landscaping completed in accordance with approved plans or restore and
re-vegetate the Residential Lot to a natural condition, with all expenses reimbursed to
Association by the Owner. Any such expenses not promptly reimbursed by the Owner shall
be the basis of a lien by Association on such Owner’s Residential Lot.
8.25 Performance Deposit. The Owner shall deliver to the Architectural Control
Committee a Construction Performance Deposit in the sum of $7,500.00 to be held in
escrow pending the completion (including clean up) of all improvements described in the
final, approved plans and constructed on the Owner's individual Lot. Upon completion of
the improvements approved by the Committee (including clean up), the Owner shall certify
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in a letter to the Committee (the "Certification") that:
(a) The improvements constructed upon the Lot have been built in
compliance with (a) the approved plans, (b) the Architectural Guidelines and all
other the rules and regulations adopted by the Association;
(b) All appropriate clean up has been made;
(c) All required landscaping improvements have been completed.
8.26 Inspections of Work in Progress. The Architectural Control Committee
may inspect all work in progress and give notice of noncompliance. Absence of such
inspection or notification during the construction period does not constitute an approval by
the Architectural Control Committee of work in progress or compliance with the
Architectural Guidelines.
8.27 Subsequent Changes. Additional construction or other improvements to a
residence or Residential Lot, changes during construction or after completion of an
approved structure, including landscaping and color modification, must be submitted to the
Architectural Control Committee for approval prior to making such changes or additions.
8.28 Final Release. Upon completion of any residence or other improvement,
the Owner shall give written notice of completion to the Architectural Control Committee.
Within 10 days of such notification, a representative of the Architectural Control
Committee shall inspect the residence or other improvement for compliance. If all
improvements comply with the Architectural Guidelines, the Architectural Control
Committee shall, issue a written approval to the Owner, constituting a final release of the
improvements by the Architectural Control Committee, said release to be issued within 30
days of the Final Inspection. If it is found that the work was not done in strict compliance
with approved plans or any portion of the Architectural Guidelines, the Architectural
Control Committee may issue a written notice of noncompliance to the Owner, specifying
the particulars of noncompliance, said notice to be issued within 30 days of the Final
Inspection. The Owner shall have 30 days from the date of notice of noncompliance within
which to remedy the noncompliance portions of his/her improvement. If, by the end of this
time period the Owner has failed to remedy the noncompliance, the Architectural Control
Committee may take action to remove the noncompliance improvements as provided for in
the Architectural Guidelines, including, without limitation, injunctive relief or the
imposition of a fine.
8.29 Non-waiver. The approval by the Architectural Control Committee of any
plans, drawings or specifications for any work done or proposed shall not be deemed to
constitute a waiver of any right to withhold approval of any similar plan, drawing or
specification subsequently or additionally submitted for approval. Failure to enforce any
of the Architectural Guidelines shall not constitute a waiver of same.
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8.30 Right of Waiver. The Architectural Control Committee reserves the right to
waive or vary any of the procedures set forth herein at its discretion, for good cause shown.
8.31 Exemptions. Utility and maintenance buildings, structures, and cabinets
located on non-residential tracts are exempted from the Architectural Guidelines.
However, the Architectural Control Committee will endeavor to attain as high a level of
conformance with these standards as is practical for these types of facilities.
8.32 Architectural Review Fee. An Architectural Review fee will be charged in
the amount of $1,500.00 for 2,500 to 4,500 square feet or $2,000.00 for 4,500 to 7,000
square feet of livable space. Architectural Review fees may be charged due to
resubmittals, remodels, or other special circumstances.
ARTICLE IX - INSURANCE
9.1 Liability Insurance. The Board shall procure and maintain from a company or
companies holding a rating of "AA" or better from Best's Insurance Reports a policy or policies
(herein called "the Policy") of Public Liability Insurance to insure the Association, the Board and
the Managing Agent and employees of the Association against claims for bodily injury and
property damage arising out of the conditions of the Common Areas or activities thereon under a
Comprehensive General Liability form. Such insurance shall be for such limits as the Board may
decide, but not less than those limits customarily carried by properties of comparable character and
usage in Weber County nor less than $1,000,000 for personal injury and property damage arising
out of a single occurrence. The Policy shall contain a "Severability of Interest" endorsement which
shall preclude the insurer from denying the claim of any Owner because of negligent acts of the
Association or other Owners and a cross-liability endorsement pursuant to which the rights of the
named insureds as between themselves are not prejudiced. The Policy shall provide that the Policy
may not be cancelled by the insurer unless it gives at least thirty (30) days' prior written notice
thereof to the Board and every other person in interest who shall have requested in writing such
notice of the insurer. Any such coverage procured by the Board shall be without prejudice to the
right of the Owners to insure their personal liability for their own benefit at their own expense. The
obligation to acquire insurance coverage under this Article IX is subject to availability.
9.2 Additional Insurance; Further General Requirements. The Board may also procure
insurance which shall insure the Common Areas and the Association, the Board, the Managing
Agent or the Owners and others against such additional risks as the Board may deem advisable.
Insurance procured and maintained by the Board shall not require contribution from insurance
held by any of the Owners or their mortgagees. Each policy of insurance obtained by the Board
shall, if reasonably possible, provide: (a) a waiver of the insurer's rights of subrogation against the
Association, the Owners and their respective directors, officers, agents, employees, invitees and
tenants; (b) that it cannot be cancelled, suspended or invalidated, due to the conduct of any
particular Owner or Owners; (c) that it cannot be cancelled, suspended, or invalidated due to the
conduct of the Association or any directors, officer, agent, or employee of the Association without
a prior written demand that the defect can be cured and (d) that any "no other insurance" clause
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therein shall not apply with respect to insurance maintained individually by any of the Owners.
9.3 Review of Insurance. The Board shall periodically, and whenever requested by
twenty percent (20%) or more of the Owners, review the adequacy of the Association's insurance
program and shall report in writing the conclusions and action taken on such review to the Owner
of each Residential Lot and to the holder of any mortgage on any Residential Lot who shall have
requested a copy of such report. Copies of every policy of insurance procured by the Board shall
be available for inspection by any Owner.
9.4 Residential Lots Not Insured by Association. The Association shall have no duty
or responsibility to procure or maintain any fire, liability, extended coverage or other insurance
covering any Residential Lot and Acts and events thereon.
9.5 Owners Insurance. Each Owner of a Lot, except the Declarant, shall be required at
his own cost and expense to obtain and at all times maintain in full force and effect a policy or
policies of fire and casualty insurance, with extended coverage endorsement, insuring the Living
Unit and garage located on such Owner=s Lot in an amount equal to its full insurable replacement
value. Each Owner shall provide the Association with a copy of each policy of insurance or a
certificate issued by the insurance company to evidence such insurance and each such policy shall
provide that it will not be cancelled or terminated by the insurance company without giving the
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Association at least ten (10) days advance written notice of such cancellation or termination. Such
policy or policies shall waive the insurance company=s right of subrogation against the
Association, the Owners, the Manager, if any, and the servants, agents and guests of any of them,
if such insurance can be obtained in the normal practice without additional premium charge for
waiver of subrogation rights. Such policy may include a standard, non-contributory mortgagee
clause or endorsement in favor of any Mortgagee who holds a Mortgage covering all or any part
of the Lot. Except as otherwise required by an applicable Mortgage, the proceeds of any such
insurance shall be applied to the extent necessary to repair or replace any damage or destruction
by fire or other casualty. In the event that any Owner fails to obtain and maintain the insurance
required by this Section, or to provide the Association with suitable evidence of such insurance,
the Association shall have the right, but without any obligation, to obtain such insurance on behalf
of such Owner, and the Owner shall be obligated to immediately reimburse the Association for the
costs thereof. The Owner=s obligation to reimburse the Association for the cost of any such
insurance shall be secured by a lien upon the Owner=s Lot as provide in this Declaration with
respect to Monthly and Special Assessments.
ARTICLE X - CONDEMNATION
If at any time or times the Common Areas or any part thereof shall be taken or condemned
by any authority having the power of eminent domain, all compensation and damages shall be
payable to the Board and shall be used promptly by the Board to the extent necessary for restoring
or replacing any improvements on the remainder of the Common Areas. Upon completion of such
work and payment in full therefore, any proceeds of condemnation then or thereafter in the hands
of the Board which are proceeds for the taking of any portion of the Common Areas shall be
disposed of in such manner as the Board shall reasonably determine; provided, however, that in the
event of a taking in which any Residential Lot is eliminated, the Board shall disburse the portion
of the proceeds of the condemnation award allocable to the interest of the Owner of such
Residential Lot in the Association and the Common Areas to such Owner and any first mortgagee
of such Residential Lot, as their interests shall appear, after deducting the proportionate share of
said Residential Lot in the cost of debris removal.
ARTICLE XI - RIGHTS OF FIRST MORTGAGEES
Notwithstanding any other provisions of this Declaration, the following provisions
concerning the rights of first mortgagees shall be in effect:
11.1 Preservation of Regulatory Structure and Insurance. Unless the Owners of at least
seventy-five percent (75%) of the Residential Lots (not including Residential Lots owned by
Declarant) and such Owners' first mortgagees, if any, shall have given their prior written approval,
the Association shall not be entitled:
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(a) by act or omission to change, waive or abandon any scheme of regulations,
or enforcement thereof, pertaining to the architectural design or the exterior appearance of
Living Units, the exterior maintenance of Living Units, the maintenance of party walls or
common fences and driveways, or the upkeep of lawns and plantings on the Property.
(b) to fail to maintain insurance as required by Article IX. This Section 11.01
may be amended as provided in Section 12.2 of Article XII hereof, except that such
amendment must be approved by a vote otherwise sufficient to authorize action under this
subsection prior to such amendment.
11.2 Preservation of Common Area; Change in Method of Assessment. Unless the
Association shall receive the prior written approval of (1) all first mortgagees of Residential Lots
and (2) the Owners of at least seventy-five percent (75%) of the Residential Lots (not including
Residential Lots owned by Declarant) the Association shall not be entitled:
(a) by act or omission to seek to abandon, partition, subdivide, encumber, sell
or transfer the Common Areas, except to grant easements for utilities and similar or related
purposes, as reserved in Section 6.6 of Article VI hereof; or
(b) to change the ratio or method of determining the obligations, assessments,
dues or other charges which may be levied against a Residential Lot or the Owner thereof.
This Section 11.2 may be amended as provided in Section 12.2 of Article XII hereof, except that
such amendment must be approved by a vote otherwise sufficient to authorize action under this
subsection prior to such amendment.
11.3 Written Consent Deemed Approved. If an Owner or a mortgagee fails to approve
or disapprove a request made pursuant to this Article XI, or any other Article in this Declaration,
within sixty (60) days after such request is mailed, by certified mail, return receipt requested, the
request shall be deemed to be approved from such Owner or mortgagee.
11.4 Notice of Matters Affecting Security. The Board shall give written notice to any
first mortgagee of a Residential Lot requesting such notice whenever:
(a) there is any default by the Owner of the Residential Lot subject to the first
mortgage in performance of any obligation under this Declaration or the Articles or
Bylaws of the Association which is not cured within sixty (60) days after default occurs;
or
(b) damage to the Common Areas from any one occurrence exceeds
$10,000.00; or
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(c) there is any condemnation or taking by eminent domain of the Residential
Lot subject to the first mortgage or of the Common Areas; or
(d) any of the following matters come up for consideration or effectuation by
the Association;
(1) abandonment or termination of the Development established by this
Declaration;
(2) material amendment of the Declaration or the Articles or Bylaws of
the Association; or
(3) any decision to terminate professional management of the Common
Areas and assume self-management by the Owners.
11.5 Notice of Meetings. The Board shall give to any first mortgagee of a Residential
Lot requesting the same, notice of all meetings of the Association; and such first mortgagees shall
have the right to designate in writing a representative to attend all such meetings.
11.6 Right to Examine Association Records. Any first mortgagee shall have the same
right to inspect the books and records of the Association and receive financial statements as the
Owner of the Residential Lot securing the mortgage; provided, that the foregoing shall not be
deemed to impose upon the Association any obligation to cause its financial statements to be
audited.
11.7 Right to Pay Taxes and Charges. First mortgagees may, jointly or singly, pay taxes
or other charges which are in default and which may or have become a charge against any portion
of the Common Areas and may pay overdue premiums on hazard insurance policies, or secure new
hazard insurance coverage on the lapse of a policy, for the Common Areas; and first mortgagees
making such payments shall be owed immediate reimbursement therefor from the Association.
Declarant, for the Association as owner of the Common Area, hereby covenants and the
Association by acceptance of the conveyance of the Common Areas, whether or not it shall be so
expressed in such conveyance, is deemed to covenant and agree to make such reimbursement.
11.8 Exemption from Any First Right of Refusal. Any first mortgagee who obtains title
to the Residential Lot subject to the first mortgage pursuant to the remedies provided in the first
mortgage, or by foreclosure of the first mortgage, or by deed or assignment in lieu of foreclosure,
or by sale pursuant to any power of sale shall be exempt from any "right of first refusal" which
would otherwise affect the Residential Lot.
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ARTICLE XII – MISCELLANEOUS
12.1 Notices. Any notice required or permitted to be given to any Owner under the
provisions of this Declaration shall be deemed to have been properly furnished if delivered or
mailed, postage prepaid, to the person named as the Owner, at the latest address for such person as
reflected in the records of the Association at the time of delivery or mailing. Any notice required
or permitted to be given to the Association may be given by delivering or mailing the same to the
managing Agent or the President of the Association. Any notice required or permitted to be given
to the Architectural Control Committee may be given by delivering or mailing the same to the
Managing Agent or any member of the Architectural Control Committee.
12.2 Amendment. Except as provided in Section 5.7 of Article V and Article XI, this
Declaration may be amended by:
(a) the affirmative vote of a majority of the Owners, and
(b) the written consent of Declarant, if such amendment is adopted at a time
when Declarant holds Class B membership in the Association, and
(c) the written consent of Weber County, and
(d) the filing of an instrument for record in the office of the County recorder of
Weber County, Utah, executed by any two officers of the Association and certifying that
such amendment has been duly adopted by the affirmative vote of a majority of the
Owners, has the written consent of Weber County, and, if required, has the written consent
of Declarant.
12.3 Consent in Lieu of Vote. In any case in which this Declaration requires for
authorization or approval of a transaction the assent or affirmative vote of a stated percentage of
the Owners, whether present or represented at a meeting, such requirement may be fully satisfied
by obtaining, with or without a meeting, consents in writing to such transaction from Owners
entitled to cast at least the stated percentage of all membership votes outstanding in connection
with the class of membership concerned. The following additional provisions shall govern any
application of this Section 12.3:
(a) All necessary consents must be obtained prior to the expiration of ninety
(90) days after the first consent is given by any Owner.
(b) The total number of votes required for the applicable authorization or
approval shall be determined as of the date on which the last consent is signed.
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(c) Except as provided in the following sentence any change in ownership of a
Residential Lot which occurs after a consent has been obtained from the Owner thereof
shall not be considered or taken into account for any purpose. A change in ownership
which would increase the total number of Class A votes outstanding shall, however, be
effective in that regard and shall entitle the new Owner to give or withhold his consent.
(d) Unless the consent of all Owners whose memberships are appurtenant to the
same Residential Lot is secured, the consent of none of such Owners shall be effective.
12.4 Declarant's Rights Assignable. All or any portion of the rights of Declarant under
this Declaration or in any way relating to the Property may be assigned.
12.5 Interpretation. The captions which precede the Articles and Sections of this
Declaration are for convenience only and shall in no way affect the manner in which any provision
herein construed. Whenever the context so requires, the singular shall include the plural, the plural
shall include the singular, and any gender shall include both other genders. The invalidity or
unenforceability of any portion of this Declaration shall not affect the validity or enforceability of
the remainder hereof, which shall remain in full force and effect. The laws of the State of Utah
shall govern the validity, construction and enforcement of this Declaration.
12.6 Covenants to Run With Land. This Declaration and all the provisions hereof shall
constitute covenants to run with the land or equitable servitudes, as the case may be, and shall be
binding upon and all inure to the benefit of Declarant, the Owners, all parties who hereafter
acquire any interest in a Residential Lot, and their respective grantees, transferees, heirs, devisees,
personal representatives, successors, and assigns. Each Owner or occupant of a Residential Lot or
Living Unit shall comply with, and all interests in all Residential Lots or in the Common Areas
shall be subject to, the terms of this Declaration and the provisions of any rules, regulations,
agreements, instruments, and determinations contemplated by this Declaration. By acquiring any
interest in a Residential Lot or in the Common Areas, the party acquiring such interest consents to,
and agrees to be bound by, each and every provision of this Declaration.
12.7 Duration. The covenants and restrictions of this Declaration shall remain in effect
until twenty (20) years from the date this Declaration was first filed in the office of the County
Recorder of Weber County, Utah, after which time they shall be automatically extended for
successive periods of ten (10) years each unless terminated by an instrument filed in the office of
the County Recorder, executed by any two (2) officers of the Association, certifying that the
Owners of at least seventy-five percent (75%) of the Residential Lots and their first mortgagees, if
any, voted in favor of such termination. If any of the privileges, covenants, or rights created by
this Declaration would otherwise be unlawful or void for violation of (1) the rule against
perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation,
or (c) any
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other statutory or common law rules imposing time limits, then the provision herein creating such
privilege, covenant or right shall, in any event, terminate upon the expiration of twenty-one (21)
years after the death of the last survivor of the now living lawful descendants of George W. Bush,
the current President of the United States at the time this Declaration was recorded.
12.8 Effective Date. This Declaration and any amendment hereof shall take effect upon
its being filed for record in the office of the County Recorder of Weber County, Utah.
"Declarant"
Basinview Development, L.C.
By:
____________________________________
Its: Manager
STATE OF UTAH )
: ss
COUNTY OF WEBER )
On the _________ day ____________________________, 2006, personally appeared
before me _____________________________________________who being by me duly sworn
did say that he is the Manager of Basinview Development, L.C., and that the within and foregoing
instrument was signed in behalf of said Limited Liability Company and that he acknowledged to
me that he executed the same.
_________________________________
NOTARY PUBLIC
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EXHIBIT "A"
PROPERTY
The following real property located in Weber County, State of Utah, to-wit:
PART OF THE EAST HALF OF SECTION 22 AND THE SOUTHWEST
QUARTER OF SECTION 23, T.6N., R.1E., S.L.B.&M., U.S. SURVEY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT IS N89°31’51”E 831.41 FEET AND
S00°28’09”E 2937.71 FEET FROM THE NORTH QUARTER CORNER OF
SAID SECTION 22, THENCE N52°20’50”E 765.41 FEET; THENCE
S37°21’11”E 1811.00 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY
LINE OF SNOW BASIN ROAD (S.R. 226) AND TO A 133.00 FOOT RADIUS
CURVE THE CENTER OF WHICH BEARS S49°42’59”E; THENCE ALONG
SAID NORTHWESTERLY LINE THE FOLLOWING SIX (6) COURSES: (1)
SOUTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 72°57’34” A DISTANCE OF 169.36 FEET, (2) S32°40’33”E 346.07
FEET TO A 1672.42 FOOT RADIUS CURVE THE CENTER OF WHICH
BEARS S57°19’27”W, (3) SOUTHEASTERLY ALONG SAID CURVE TO THE
RIGHT THROUGH A CENTRAL ANGLE OF 04°34’00” A DISTANCE OF
133.30 FEET, (4) S28°06’33”E 23.51 FEET TO A 92.00 FOOT RADIUS CURVE
THE CENTER OF WHICH BEARS S61°53’27”W, (5) SOUTHWESTERLY
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
110°02’42” A DISTANCE OF 176.70 FEET, AND (6) S81°56’09”W 67.87 FEET;
THENCE N47°00’20”W 371.09 FEET; THENCE N47°00’19”W 2122.95 FEET
TO THE POINT OF BEGINNING.
CONTAINS 29.80 ACRES
Also to be known as, to-wit:
ALL OF LOTS 1 THROUGH 8, BASINVIEW ESTATES CLUSTER
SUBDIVISION, A COVENANTED SUBDIVISION, ACCORDING TO THE
PLAT THEREOF RECORDED IN BOOK 64, PAGE 55, OF THE OFFICIAL
RECORDS OF WEBER COUNTY, WHICH LOT IS CONTAINED WITHIN
BASINVIEW ESTATES CLUSTER SUBDIVISION, A COVENANTED
SUBDIVISION, IDENTIFIED IN THE “DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS OF BASINVIEW ESTATES CLUSTER
SUBDIVISION, A COVENANTED SUBDIVISION" RECORDED IN BOOK
_____ at PAGE ______. SUBJECT TO THE COVENANTS, CONDITIONS,
RESTRICTIONS, EASEMENTS, CHARGES AND LIENS PROVIDED FOR IN
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SAID DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS.
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EXHIBIT "B"
COMMON AREAS
The Common Areas within Basinview Estates Cluster Subdivision, A Covenanted
Subdivision, shall include all open space and Roadways as shown and described on
the Plat.
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EXHIBIT “C”
ARCHITECTURAL GUIDLINES
OF
BASINVIEW ESTATES CLUSTER SUBDIVISION
A COVENANTED SUBDIVISION
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ARCHITECTURAL GUIDELINES – Table of Contents
THE DESIGN PHILOSOPHY …………………………………………………………………..39
1 SITE PLANNING GUIDELINES ……………………………………………………….41
1.1 The Building Envelope………………………………………………………...…41
1.2 Site Work ………………………………………………………………………...41
1.3 Grading and
Drainage…………………………………………………………….41
1.4 Storm Sewer Pollution Prevention
……………………………………………….42
1.5 Access Drives ……………………………………………………………………42
1.6 On-Site Parking..…………………………………………………………………43
1.7 Utilities…………………………………………………………………………...43
1.8 Walls and Fencing………………………………………………………………..44
1.9 Outdoor Storage …………………………………………………………………44
1.10 Mechanical Equipment, Electrical Meters, Gas Meters, and Irrigation Meters….44
1.11 Storage Tanks ……………………………………………………………………44
1.12 Antennae and Satellite Dishes …………………………………………………...45
1.13 Signage and Address Identification .……………………………………………..45
1.14 Lighting ………………………………………………………………………….45
1.15 Swimming Pools, Spas or Hot Tubs …………………………………………….45
1.16 Tennis, Sport Courts, and Basketball Goals …………………………………….45
1.17 Play Structures …………………………………………………………………..45
1.18 Approved Plant List ……………………………………………………………..46
1.19 Prohibited Plants ………………………………………………………………...46
1.20 Homesite Restrictions …………………………………………………………...46
1.21 Fire Prevention Thinning ………………………………………………………..46
2 ARCHITECTURAL STANDARDS ……………………………………………………46
2.1 Building Size ……………………………………………………………………46
2.2 Prefabricated Buildings …………………………………………………………47
2.3 Height and Massing of Structures ………………………………………………47
2.4 Foundations ……………………………………………………………………..48
2.5 Exterior Materials ……………………………………………………………….48
2.6 Roofs ………………………………………………………………………….…49
2.7 Entrances ………………………………………………………………………...50
2.8 Chimneys and Outdoor Fires …………………………………………………….50
2.9 Exterior Colors …………………………………………………………………..50
2.10 Windows, Skylights, Draperies, and Shutters …………………………………...51
2.11 Building Projections ……………………………………………………………..51
2.12 Garages and Garage Doors ………………………………………………………51
37
2.13 Solar Applications and Other Structures ………………………………………...53
2.14 Pet and Dog Runs ………………………………………………………………..53
2.15 Changes or Additional Construction …………………………………………….53
2.16 Low Flow Toilets ………………………………………………………………..53
2.17 Protection Systems ………………………………………………………………53
2.18 Exterior Furnishings and Sound Systems ………………………………………..53
3 LANDSCAPE GUIDELINES …………………………………………………………...53
3.1 Landscape Philosophy……………………………………………………………53
3.2 Natural Area……………………………………………………………………...54
3.3 Transition Area …………………………………………………………………..54
3.4 Private Area………………………………………………………………………54
3.5 Diverse Homesites……………………………………………………………….55
3.6 Plant Salvage …………………………………………………………………….55
3.7 Re-vegetation of Disturbed Areas
………………………………………………..55
3.8 Plant Density …………………………………………………………………….56
3.9 Groundcover
……………………………………………………………………57
3.10 Turf ………………………………………………………………………..........58
3.11 Hardscape ……………………………………………………………………….58
3.12 Water Features …………………………………………………………………..59
3.13 Common Areas and Wildlife .…………………………………………………….59
4 CONSTRUCTION REGULATIONS………………………………………………….59
4.1 Construction Philosophy…………………………………………………………59
4.2 Building Envelope ……………………………………………………………….60
4.3 OSHA Compliance ……………………………………………………………..60
4.4 Construction Site Plan and Construction Trailers ……………………………….60
4.5 Trash Receptacles and Debris Removal …………………………………………60
4.6 Sanitary Facilities ………………………………………………………………..61
4.7 Construction Access …………………………………………………………….61
4.8 Vehicles and Parking Areas ……………………………………………………...61
4.9 Conservation of Native Landscape ……………………………………………...61
4.10 Excavation Materials And Blasting ………………………………………………61
4.11 Dust and Noise Control …………………………………………………………61
4.12 Material Deliveries ……………………………………………………………...62
4.13 Firearms …………………………………………………………………………62
4.14 Alcohol and Controlled Substances …………………………………………….62
4.15 Fires and Flammable Materials ………………………………………………….62
4.16 Pets ……………………………………………………………………………..62
4.17 Preservation of Property …………………………………………………………62
4.18 Protection of Subdivision Improvements and Restoration of Property ….62
4.19 Construction Signage ……………………………………………………………63
4.20 Daily Operation
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………………………………………………………………….63
4.21 Site Visitations …………………………………………………………………..63
4.22 Construction Insurance Requirements …………………………………………..63
APPENDIX A – APPROVED PLANT LIST ………………………………………………….65
APPENDIX B – ILLUSTRATION ………………………………………………………….…68
APPENDIX C – ARCHITECTURAL REVIEW SUBMITTAL CHECKLIST ……………….69
APPENDIX D – ARCHITECTURAL REVIEW APPLICATION ……………………………70
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PHILOSOPHY
Basinview Estates Cluster Subdivision (“Basinview”) is located at the crest of Old Snow
Basin Road adjacent to Cache National Forest land are situated on 30 acres of land that is for the
most part in it’s pristine state. (A single residence home is situated on 3 acres of the property.)
An authentic mountain character that is appropriate to the Basinview setting, is the basis
from which all buildings must evolve. The Architect/Designer of custom homes at Basinview
must evoke the qualities of authenticity, proportionality, craftsmanship and sustainability.
Materials of heavy texture, deep recessed windows, protective overhangs, roof forms of character,
strong and protective architectural massing, colors of the earth, and significant usage of stone and
wood will be the primary design elements that will be required in all Basinview homes.
The Architectural Guidelines have been created to implement this philosophy, particularly
addressing architectural design and site planning in order to provide direction to homesite Owners
for the design of their dwellings, and to ensure compatibility within the unique environment of
Basinview. It is not the purpose of these Guidelines to create look-alike dwellings or suggest that
they all have identical colors and materials, but to create a harmonious architectural approach that
is sympathetic to the incredible natural setting of Basinview.
It is expected that the design of each dwelling will be tailored to the unique features of each
individual homesite. No preconceived designs suited for other environments or landscape will be
permitted. Each design must begin with a thorough site evaluation and understanding of the
topography, sun angles, view corridors, and relationships to ridgelines and native landscape. It is
only after a complete understanding of these natural design constraints that a homesite Owner and
their architect/designer can begin a homesite design.
In order to assist each Owner in the environmentally sound and aesthetically compatible
design of their dwelling, a comprehensive Architectural Review Process bas been established
pursuant to the Architectural Guidelines, providing each Owner the opportunity to draw upon the
expertise and knowledge which has been acquired during the planning and development of
Basinview. Since the preservation and enhancement of the unique landscape at Basinview are of
primary concern, the Architectural Control Committee (the “Committee”) has been established and
charged with the responsibility of ensuring that these principles are adhered to throughout all
phases of development. For this reason, the Architectural Review Process bas been established,
encompassing the following five phases:
1. The Pre-Design Conference, during which each homesite Owner along with the
Architect/Designer may review their ideas and the natural aspects of the homesite with a
representative of the Committee before any plans are prepared. It is required that this
meeting takes place on site.
2. The Preliminary Submittal, at which time the Committee will review
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conceptual plans to ensure conformance with the Architectural Guidelines,
before the Owner finalizes design.
3. The Final Submittal, at which time the Committee will review final construction
documents to confirm that they are consistent with the previously approved
preliminary plans. The drawings can only be submitted to Weber County for a
building permit after this step is approved.
4. The Pre-Construction Conference, during which each builder will review the
construction regulations with a representative of the Committee to ensure
understanding of, and future compliance with, these regulations. The Owner's
Construction Security Deposit must also be paid to the Committee prior to the
commencement of construction.
5. The Final Inspection of the improvements by a representative of the Committee, to
determine whether actual construction has been completed in strict compliance with
the approved plans and Architectural Guidelines.
The Architectural Review Process was developed to provide adequate checkpoints throughout
the design and development phases, so that time and money are not wasted on plans and designs
which do not adhere to the Architectural Guidelines or to the overall principles of Basinview, or
which may be inappropriate or of improper configuration for their specific homesite setting.
Therefore, it is extremely important that the design steps of the review process be followed in their
entirety, and in correct sequence.
The Committee specifically reserves the right to make subjective, as well as objective,
determinations of whether the objectives of these Architectural Guidelines have been met by a
particular site plan.
The Architectural Review Process is intended to operate as a precondition to the plan review
process required by Weber County for obtaining a building permit. The Basinview Architectural
Review Process is independent of the Weber County technical plan review process and is solely
intended to enforce the Architecture Guidelines. Each homesite Owner bears the responsibility for
the proposed structure’s adherence to the county, zoning and building codes as well.
The overriding goal of this document is to conserve to the maximum extent possible the natural
habitat and aesthetic features of this landscape while creating a sense of community among people
who value and wish to protect the unparalleled views and natural environment that surrounds them.
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ARTICLE I- SITE PLANNING GUIDELINES
1.1 The Building Envelope. The building envelope concept is a major component of the
philosophy for site planning the individual homesites. The building envelope is that portion of
each homesite within which all improvements, including structures, decks, walks, landscape
improvements, grading, fencing, and all mechanical equipment must be located, and is the only
area of the homesite where alterations of, or disturbance to, the natural landscape (other than
supplemental planting of approved native vegetation with specific Committee approval) may occur.
The specific building envelope for each homesite is designed to protect and preserve the natural
landscape features of the homesite. Limited encroachment outside of the prescribed building
envelope may only be considered for approval by the Committee where unique terrain,
vegetation constraints, or limited homesite width may warrant, in which limited
circumstance, such encroachment will still be subject to applicable setback requirements and
the Committee may, in its sole discretion, allow reconfiguration of the envelope. The
Architectural Control Committee reserves the subjective right to modify the Building Envelope,
without amending the Plat and without receiving prior approval of the Owners, from time to time
so as balance the project goals of preserving the natural beauty of the site and Property while
providing suitable building sites for home construction.
1.2 Site Work. No excessive excavation or fill will be permitted on any homesite except
where specifically allowed by the Committee due to terrain considerations. Every attempt should
be made to balance cut and fill with minimal use of retaining walls and engineered building pads.
No clear cutting of vegetation within any building envelope will be permitted; however, it is
understood that some selective pruning or removal of trees and shrubs will be necessary for the
development of any homesite. Any cutting of trees or vegetation must first be approved by the
Committee. Removal of vegetation without the approval of the Committee will result in a penalty
fine of $2,500.00.
Great care must be taken in designing the site improvements around the existing vegetation so
the root system remains intact and that its supply of water is maintained.
1.3 Grading and Drainage. Site grading and drainage must occur with minimum disruption
to the homesite, without altering natural drainage patterns as runoff leaves the homesite, and
without creating conditions that could lead to unnecessary soil erosion. In some cases, the
Committee may allow the re-routing of a portion of a drainage way within the boundaries of the
Building Envelope. This will be considered on a case-by-case basis, and it should not be assumed
it will be allowed in all cases. Drainage easements established by plat are not subject to
relocation without approval by Weber County. Reasons for denial of moving a drainage way may
also include the possible loss of vegetation, the visual quality of the drainage way, or for civil
engineering purposes.
Surface drainage upon and across any homesite must be addressed through the implementation of
sound construction and grading practices. Any improvement which creates an obstruction to
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surface flows resulting in a back-up of storm waters onto a neighboring homesite or tract is strictly
prohibited.
Ground floor levels should be established at a vertical elevation such that the final placement of
backfill, walks, drives, and porches will produce positive drainage away from the structure in all
directions.
1.4 Storm Sewer Pollution Prevention. Residential designs for sloping homesites with a
variation of natural grade elevation in excess of four feet across the footprint of the proposed
structure must incorporate slope considerations into the design solution, so that the proposed
structure steps up or down with the natural slope. Artificial terracing of sloped sites to create an
engineered pad to accommodate a "flat homesite design" will not be allowed.
During construction, measures must be taken to eliminate erosion. The following outlines the
required, in-the-field construction methods that must be performed by the contractor.
a. Temporary run-off channels must be built to drain construction zones. Channels
must have silt screens installed at appropriate locations; silt screens should be stretched
across and anchored to the bottom of the channels with hay bales placed on the upstream
side of the fabric. Temporary earthen berms or ditches for channeling may be used in lieu
of silt screens.
b. All storm drain inlet structures must be protected by a filter berm until the area is
stabilized with vegetation or the base course of pavement is installed.
c. All embankments constructed as part of cut/fill operations will be seeded and
mulched within two weeks of final grading completion.
d. All building site areas must be seeded and mulched within two weeks of final
grading completion.
When cuts and fills are required, the slopes must be at least 4 to 1 to allow for natural revegetation.
Anything steeper than that will require an approved retaining wall.
1.5 Access Drives. Each homesite maybe accessed by a single driveway, located to
preserve and avoid important natural features, such as large or significant plant materials,
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drainage ways, and rock outcroppings, so as to minimize disruption of the existing
landscape.
The graded or paved surface of an access drive shall not exceed 16 feet in width where it
crosses the road right-of-way and the front setback of the homesite, and continue with the
16 foot width to the street paving. Driveway surfaces are the only improvement allowed
outside the building envelope with the exception of underground utilities servicing the
homesite. The proposed driving surface of any driveway is subject to approval by the
Committee. Driveways are encouraged to be colored exposed aggregate concrete, pavers,
bomonite, or other pattern and texture methods. No uncolored concrete is permitted.
Asphalt is allowed but must have edge material. A concrete or metal culvert pipe shall be
installed where necessary beneath each access driveway, between the road shoulder and
the property line, unless otherwise approved by the Committee. The invert flowline of the
pipe shall be aligned and sloped so that ditch/drainage way storm flows will continue
smoothly and unimpeded beneath the driveway crossing. The exposed ends of the pipe
shall be aesthetically finished with stone headwalls (no river rock).
1.6 On-Site Parking. Each homesite must have an area for the parking of two guest
automobiles within the building envelope. Homeowners, who possess trucks, buses, motor
homes, campers, boats, trailers, motorcycles, or any other motorized vehicle other than a
conventional automobile, must store or park such vehicles within an enclosed garage so
as to be completely hidden from view. Parking of a guest's motor home or other large
recreational vehicles or buses not in a garage, is allowed for a maximum of one week. No
on-street parking will be permitted at Basinview.
1.7 Utilities. Utility services are stubbed to the front property line of each homesite.
Sewer, gas (if applicable), electricity, telephone and cable television service locations are
clustered (usually with those of one adjacent homesite) in a utility easement located
adjacent to each homesite. The extension of services from these stub locations to the
residence shall be the responsibility of each Owner, and shall be routed to minimize
disruption to the natural landscape. Utility trenches may not encroach into any required
setback except where they cross the natural area of the homesite between the service tap
and the building envelope. In most cases, this should be done where the driveway enters
the property. For seeable reading, all utility readouts shall be located in an easily
accessible location on an exterior building wall or alternative specified by the Committee
but shall be screened to prevent direct view from the street or adjacent lots.
All disturbed areas of the site must be restored to their natural condition as nearly as
possible. Information regarding connection procedures may be obtained by contacting the
Committee for Basinview or the respective utility companies.
Natural gas service may not be available in all areas of Basinview. If an Owner chooses
to utilize propane-fired heating or appliances, the fuel storage tank must be buried in a
location within the building envelope, clear of all setbacks, while satisfying all
code-related clearances mandated by Weber County's building standards.
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1.8 Walls and Fencing. Site walls or fences must appear as a visual extension of the
residence, using similar materials and finishes. In no case will site walls or fences be
permitted to arbitrarily delineate the building envelope, although it is understood that such
walls or fences may define pet runs or small yards, courtyards or terraces in close
proximity to the residence for the purpose of privacy. Privacy or screen walls must not
exceed six feet in height, measured from existing natural grade, and they may not encroach
outside the building envelope. Fencing material must be of wood or stone.
The use of ornamental iron or other metal fencing is subject to approval by the Committee.
Chainlink, metal, plain concrete block, (unless veneered with stone on all exposed
surfaces) or wire fencing is prohibited.
Structural retaining walls may not exceed an above natural or finish grade height of six
feet, whichever is lower. Multiple terraced retaining walls must be utilized where the
overall height of retained earth exceeds four feet. Where multiple retaining walls are used,
each tier must be separated by a minimum three foot planting area. Tiered retaining walls
cannot exceed twelve feet above natural or finished grade, whichever is lower. Retaining
walls must jog naturally every 20 feet.
Retaining walls may be constructed of stacked and arranged boulders, cast concrete or
concrete masonry units; however, all exposed surfaces and edges must be stone veneer, so
as to blend unobtrusively with its natural surroundings. Heavy timber wood retaining wall
systems may also be approved. Keystone or pre-manufactured retaining wall systems will
not be approved.
1.9 Outdoor Storage. Outdoor areas housing trash containers, firewood storage,
maintenance or service equipment such as snowblowers, etc., or overflow storage shall be
screened from all adjacent properties by a wall or fence. Firewood may be stored in an
unscreened area provided it is neatly stacked in an inconspicuous location.
1.10 Mechanical Equipment, Electrical Meters, Gas Meters, and Irrigation Meters.
No roof mounted or wall mounted mechanical equipment will be permitted. Any exterior
mechanical equipment utilized must be ground mounted adjacent to the residence, and
hidden from view by walls of sufficient height to fully screen it and all electrical junction
boxes. The equipment and enclosure must be contained within the building envelope.
Equipment must be placed with consideration to the adjacent homesite, so as to minimize
noise intrusion on the outdoor living spaces. All electrical meters, gas meters, and
irrigation meters must be screened from the street and adjacent homesite with a wall of
sufficient height. Landscaping will not be considered as a method of screening.
1.11 Storage Tanks. All water tanks or similar storage facilities must be shielded from
view by walls or structure or installed underground within the building envelope and clear
of setbacks (see utilities for propane tanks, 2.6).
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1.12 Antennae and Satellite Dishes. No satellite dishes, television or radio aerials or
antennas may be installed that are not fully screened from the road, adjacent homesites,
or public areas.
No satellite dish may be installed that is larger than 18" in diameter. All satellite dishes
must be ground mounted. Removal of trees to improve reception is prohibited. A screen
wall is subject to Architectural Review approval and must be an integral component of the
home design. In some cases, the enclosure may not be approved due to the location on the
homesite and its visual effect on the overall street scene or as viewed from adjacent
homesites.
1.13 Signage and Address Identification. All address identification will be placed
unobtrusively on the house structure on or near the entrance to the house.
No additional signage of any kind will be permitted, expect temporary construction signs
by each builder and directional signs provided by the developer. Real estate sale or lease
signs are prohibited. Additionally, no driveway markers may be installed.
1.14 Lighting. No additional lighting by an Owner may occur outside of the building
envelope, for the purpose of maintaining a dark sky.
Site lighting is permitted within a building envelope, provided such lighting does not
result in excessive glare toward the street or neighboring properties. All exterior lighting
must be of a low level subdued intensity with the source of light fully shielded and
directed downward, and is subject to approval by the Committee. Security lighting must
also comply with the shielding requirement and can only be installed if it is connected to
a timed motion detector.
1.15 Swimming Pools, Spas or Hot Tubs. Spas or hot tubs, if any, must be designed
as a visual extension of the residence through the use of walls or decks and must be
shielded from view. All spas must be constructed according to Weber County regulations.
All pumps, motors, and heaters must be fully screened from view from the street, adjacent
homesites, or public areas.
1.16 Tennis, Sport Courts, and Basketball Goals. Due to the extensive clearing
required by tennis courts and other sport courts, such courts will not be permitted.
Wall-mounted or free-standing basketball goals may be allowed subject to Committee
approval.
Support posts of a freestanding basketball goal shall be painted to blend unobtrusively
with its visual backdrop surrounding, and the backboard must be clear. Portable basketball
hoops must be stored in the garage when not in use.
1.17 Play Structures. Play structures may be placed only in rear yard areas and may
not be visible from adjacent homesites, the street or common areas. Play structures must
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be designed and constructed in a manner that is esthetically compatible with the residence
and must be limited to a height of 8 feet. Timber and dark colored, powder-coated steel
structural components are permitted. Plastic and bright or primary colors are not
permitted.
1.18 Approved Plant List. The Committee has approved a list of plants and trees
deemed to be inherently compatible with the natural Basinview landscape, including
indigenous and non-indigenous species. Such plants are listed in Appendix 'A' of the
Architectural Guidelines, and landscaping of any transitional area or any other area visible
from the adjacent street or any adjoining property is expressly limited to these species.
Grasses, when used, must be of the types listed in Appendix 'A' and may not be a dominant
component of the landscape. Any grassed area must be shaped in an organic way, and not
a simple rectangle or square area. The edge condition must be naturalized and cannot be
transitioned directly into the native landscape
1.19 Prohibited Plants. Unless a plant is listed within Appendix 'A' it is prohibited.
Requests may be made to the Committee to add plants to the list if the Owner feels it has
a plant worthy of consideration.
1.20 Homesite Restrictions. No more than one residence may be constructed on any
homesite. No other outbuildings such as detached garages may be constructed.
1.21 Fire Prevention Thinning. The Transitional Area of the homesite is that area
within or without the building envelope where fire prevention thinning may be required
by the Weber County Fire Department. Removal of native vegetation down to raw earth
for purposes of fire prevention thinning is not allowed, except where otherwise required
by the Fire Department. When the native vegetation is removed within the transitional
area, it must be replaced with landscape material listed in Appendix ‘A’.
ARTICLE II- ARCHITECTURAL STANDARDS
2.1 Building Size. The minimum size requirements on all lots shall be 2,500 square feet
with a minimum of 2000 square feet on the main level. One of the first goals of all Owners and
their Architect/Designer should be to create the highest-quality home within the smallest
possible volume consistent with the satisfaction of the Owner's need for space. The intent is that
the natural landforms currently dominant at Basinview, remains the dominant visual image. The
existing quiet repose and harmony can only be maintained if the built homes and landscape
remain subservient and blend into the natural landforms and existing landscape. In keeping with
this philosophy, a maximum size is imposed to assure a proper balance of open space within
Basinview.
No residence on a lot can exceed 7,000 square feet of enclosed livable space. Enclosed livable
space is defined as all livable areas of the home, excluding the garage, basement (if all four sides
are fully below grade), storage areas, and mechanical rooms. Should an applicant wish to exceed
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7,000 square feet on a lot they may do so by purchasing an adjacent lot homesite and combining
the two homesites into one. In the case of such a combination, the proposed consolidated
building envelope shall be subject to approval by the Architectural Control Committee.
Additional approvals from Weber County may be required if the proposed new building
envelope crosses the recorded lot-line between the two lots. For every added lot homesite 3,000
square feet may be added to the 7,000 square feet of permissible enclosed living space. Although
separate "guest houses" are not permitted in Basinview, Applicants submitting plans for
combined lots may be required to reduce the massing of their project by separating the area into
two or more separate building masses. For example, a separate garage mass attached to the main
building mass by a covered walkway might incorporate some living area above it. Similarly, a
covered walkway might connect a main residence mass with an attached ground-level guest
suite.
2.2 Prefabricated Buildings. No building that is constructed off-site and requires
transportation to any homesite, whole or in partial assembly will be permitted; this includes
mobile homes, stock modular buildings or any other structure requiring transportation and set
up in a partially completed state. However, structures that are assembled off-site and completely
disassembled for transportation, including log homes may be permitted. The aesthetic merits of
any such structures are subject to review and approval by the Committee.
2.3 Height and Massing of Structures. Allowable heights are limited by Weber County
ordinances and the Basinview Architectural Guidelines. While the building height restrictions
may help protect views, this is not their purpose. The overall full development appearance of the
Community is the overriding concern.
Generally, all other homesites can have no portion of a structure (except for chimney elements)
exceeding a true vertical height of 32 feet above original natural grade directly below the point
of measurement. On difficult steeper homesites, where the average slope across the footprint of
the proposed structure exceeds 15%, the Committee may allow additional height for a limited
unobtrusive ridge projection at its down slope terminus. Such relief will be considered on a
case-by-case basis, and may not be construed as a blanket waiver for sloping homesites in
general. It is the intent of the Architectural Guidelines that roof forms for homes on sloping sites
step down with the grade to integrate the massing with the natural setting.
Residences at Basinview should have pitched roofs with a minimum pitch of four feet in twelve
and a maximum pitch of twelve feet in twelve. Lower sloped roofs may occur under certain
design proposals, provided they are mixed with other steeper pitched roof compositions. Flat
roofs are allowed at Basinview only with the Committee approval, which approval shall take
into account, but not be limited to, the view of such roof from surrounding higher homesites. See
Section 2.6 for specific design criteria.
The purpose of the height criteria is to avoid construction of homes that are too tall. Beyond the
height criteria, the Basinview Architectural Control Committee will render individual
judgments with respect to the overall scale of the proposed design in relation to its location and
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all surrounding uses. The process does not seek to impose generalized criteria where more
specific insights can be demonstrated to result in a better solution. The Committee has the right
to impose a height restriction less than what is stated herein, if it believes it is necessary due to
specific site conditions.
Offsets or indentations in wall planes create visual interest and add depth via shadow lines. No
building wall may extend more than 20 feet in height without an offset in the vertical plane of
at least 2 feet.
Although pattern and rhythm are encouraged, large areas of symmetrical massing are not
allowed. Gable ends are an example of a portion of a building that might tolerate symmetry,
however the masses on either side of that gable need not be substantially differentiated from
each other. A small gable end centered on a larger gable end will generally not be approved.
Larger homes are particularly discouraged from the use of symmetry as an organizing principle
of design because the symmetry can lead to the creation of a home that appears formal,
institutional, or palatial rather than residential.
No single story wall (as defined by an eave wall with a maximum 10 foot plate height) mixed in
more than 26 feet in length without an offset. Two story walls and gable ends may extend a
maximum of 20 in length without an offset. An offset must be more substantial than simply
changing the texture of an exterior material; it must be structural.
In addition to scale and proportion of the overall home design, details must also display a sense
of proportion relative to the rest of the building. For example, if the minimum structural width
of a post that supports the roof over a porch is not substantial, it most likely would appear
spindly in relation to the mass of the home. Increasing the size and visual strength of the
member could be achieved by combining two members or giving it a stone base.
Designs that propose structures with more than one above-ground level must show a difference
in the areas contained on each level. Homes with similar floor areas on two above-ground levels
will be disapproved by the Committee due to their usually boxy and massive appearance.
2.4 Foundations. Foundation walls must step down with the grade change, so that their
exposed surface does not exceed a vertical height of 4 feet above finish grade at its greatest
exposure. Committee approved walk-out areas may be the exception.
All unfaced visible surfaces of concrete masonry or concrete foundation walls and piers must be
finished with a stone veneer (no cultured stone or river rock is allowed).
2.5 Exterior Materials. Exterior material should generally be natural materials that blend
and are compatible with the native landscape. The predominant exterior wall materials will
consist of wood or native stone, including shingles, beveled or tongue-in-groove board siding,
board-on-board, board and batt, free edge boards, logs, and native stone. All homes should
combine two major building materials.
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Each home must include stone on the exterior. The minimum amount required is generally 25%
of the exterior wall surface. Due to all designs being unique, the Committee will make a
judgment for each home as to whether the percentage requirement is met.
Plywood siding is prohibited.
The use of stucco as a predominant and/or uniformly colored and textured surface finish, metal
siding, fiberglass siding, vinyl siding, or asbestos siding is prohibited. A limited amount of
stucco with an aged or mottled appearance may be incorporated as an accent material. A limited
amount of rusted or treated exterior metal finish may be considered on an individual basis. All
exterior surfaces including gutters, roof vents, and window frames are to be finished or painted.
Unfinished metallic exterior wall surfaces are not permitted.
The aesthetic merits of any combination of exterior materials are subject to review and approval
by the Committee, in order to maintain the architectural integrity and consistent visual
experience of Basinview.
2.6 Roofs. The roofline of each home must create its own pleasing relationship to the street,
other common areas, and to its adjacent structures when viewed from all directions. The overall
profile and articulation of the roof should be sufficiently irregular to break up anything which
would otherwise appear too boxy or discordant with the landscape or neighboring structures.
Expansive roof structures shall be articulated by way of gable or shed dormers. Overhangs shall
be provided at all roof edges at a minimum of 3'-0". Asymmetrical roofs are preferable to those
which are obviously symmetrical. Covered terraces or porches must be fully integrated into the
design of the home, and are strongly encouraged as a design element.
The roofs of all two-story homes should include single-story elements. The higher masses
should generally occur toward the center, with the lower profiles occurring toward the outer
portions of the home. At no time can the highest point of a home be at any of the outside walls.
A roof end gable may only have one floor level below the roof wall plate. End gables of
excessive height and expansive glass will not be approved by the Committee.
Flat roofs, with very shallow pitches will be considered at Basinview. Any flat roofs must be
designed and engineered with consideration for the snow loads prevalent in Basinview's
mountain environment. The roof design must also address the visual impact it will have on the
views of homesites that are located adjacent to and above the home.
Roof materials permitted at Basinview include fireproof wood shakes, architectural grade
composition shingles, concrete shake tiles, copper, Cor-Ten steel, slate, and flat concrete tiles.
Most pre-finished metal roofs will be considered too reflective and will be prohibited. Wood
shake shingles and other flammable roofing materials may be prohibited by fire department
regulations.
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Cor-ten (i.e. rusting steel) or copper roofing is encouraged as metal roofs of choice. Copper
roofs must be allowed to turn brown or patina. No permanent shiny copper will be allowed.
No roof can be entirely comprised of a metal roofing material.
The use of asphalt shingles of standard or medium thickness, any type of barrel or "S" tiles,
asphalt roll roofing, or reflective metal surfaces is prohibited.
2.7 Entrances. Entrances proportioned to convey a sense of human scale are more
appropriate than those with exaggerated dimensions. As such, all entries cannot exceed
one-story in height. Any grandeur should be experienced upon entering the home, not worn on
its exterior facade. The clean lines of restrained and understated entries are more appropriate.
Entries that are too ornate, monumental, or imposing will not be approved. Trellised entries can
be used as a welcoming transition between indoor and outdoor space. Entrances that are a part
of covered front terrace or porch are preferred.
Inasmuch as there is typically only one driveway entrance per home, porte cocheres will only be
approved on homesites large enough to permit the required turning movements, without
encroaching into the side setbacks..
2.8 Chimneys and Outdoor Fires. Well-proportioned chimney masses can be used as
sculptural features complimenting the overall qualities of the home. Exposed metal flue pipes
will not be approved.
The area (measured in plan view) of any one chimney should be no less than 12 square feet and
no more than 48 square feet. Chimneys lend themselves to a variety of angular and rounded
forms which can enliven the three-dimensional quality and profile of the overall design.
To preserve the high quality air at Basinview, all residences are encouraged to utilize natural gas
or propane log fireplaces (main living room areas may accommodate both gas and wood burning
fireplaces in the same firebox), rather than standard wood burning fireplaces or stoves.
Due to the extreme fire danger usually present in this high desert and mountain region, all
chimneys, including outdoor fireplaces, must be equipped with a U.L. or I.C.B.O. approved
spark arrestor. Open outdoor fire pits are prohibited unless they are natural gas or propane.
Portable barbecues are permitted, provided they are lidded cookers. Permanently installed
barbecues must be part of the approved plans.
All metal spark arrestors must be concealed from view by means of a chimney cap detail.
2.9 Exterior Colors. The color of exterior materials must generally be subdued to blend with
the natural landscape. Earth tones are recommended, although accent colors which are used
judiciously and with restraint may be permitted.
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In no case will colors approaching the primary range (red, blue, white and yellow) be permitted,
nor will drastic contrasts in value (light to dark) be allowed. White may not be used as an accent
or "trim" color; "light-grey" siding stains which approach white or off-white in appearance will not
be allowed. Garage and exterior doors are not considered "trim".
Proposed colors must be demonstrated to the Committee in a sample format which adequately
depicts the hue, tone and shade of the proposed color in its final application. Sample swatches on
the structure itself are preferred; as an alternative, stained or painted sample boards of the actual
siding to be used would be the second choice. Small color samples, printed on paper, may not
accurately depict how a finished color will appear on an expansive wall of real construction
materials, and are therefore discouraged. All colors must be within a Light Reflectance Range
(LRV) of 15-35.
2.10 Windows, Skylights, Draperies, and Shutters. Windows should not appear as openings
cut into the side of a box, but rather as architectural features recessed, projected, or bordered by
projections which provide a shadow pattern and reduce reflectivity.
While the elevations will differ on various sides of the home, windows on all sides must be treated
with the same attention to detail given to the front or street elevation. All facades shall contain
some degree of doors, windows, or other openings in the walls. Skylights will be subject to
Committee approval. Octagons, circles, hexagons, and triangles insensitively placed, will not be
approved. Window heads must be shaped to match roof lines or remain level. No scissor truss
windows will be permitted with slopes not matching the roof line.
The glass of windows and the lens of skylights must not be highly reflective. The lens of skylights
must be clear, grey or bronze. No white lenses are allowed, nor may their frames consist of
reflective material that is left unfinished. This especially applies to aluminum frames which must
be anodized or finished with baked enamel. All skylights must be low profile flat type. Bubble
type skylights are prohibited. Shutters and drapery linings must be in neutral color ranges when
visible from outside the home. White is not considered a neutral color.
2.11 Building Projections. All projections from a residence or other structure including, but
not limited to, vents, flashing, louvers, gutters, downspouts, utility boxes, porches, railings and
exterior stairways shall match the surface from which they project, or must be painted or stained
an approved color to blend unobtrusively with adjacent materials. All building projections must be
contained within the building envelope.
2.12 Garages and Garage Doors. Garages for each residence are required, either attached or
detached, accommodating at least two automobiles; carports are prohibited. Garage doors must not
dominate the residence when viewed from the street, especially in areas visible from
rights-of-ways, common areas, and adjacent homesites. Design submittals with the garage door(s)
as a primary focal point from the street will be rejected. All garages must be side entry designs
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unless this proves impossible due to the topography of the lot.
Driveway access and garage location lend significant shape to the design and placement of the
home. One of the greatest contributors to negative feelings about residential communities is the
often-present row of garage doors aligned along the street with oversized driveways leading to
them. Every effort must be made to keep this view from being prevalent at Basinview. Effective
measures that minimize the dominance of garage doors include side entries out of direct view from
the street and overhangs or piers which add the softness of shade and shadow by way of recessing
the doors.
When planning a home at Basinview, attempt to minimize the potential view of the garage doors
from the street. Place the garage in a separate structure or as part of a separate structural mass with
or without an enclosed connection to the main home or place the entrance to the garage away from
the street view. When this is not possible due to topography or other site constraints, the garage
doors shall be placed further away from the street than the home facade, leaving the home form as
the dominant image from the street. Overhangs above the doors and significant architectural
detailing can also mitigate the visual impact of the garage entrance.
Garage doors must relate to the remainder of the home's design elements. Garages must not present
closed or unarticulated facades. Glazing in garage doors may be provided to reduce the impact of
the doors on the rest of the community. Large or unbroken masses above garage doors will not be
approved. This is where detailing and a change in the plane of the surface can be beneficial.
The garage doors should be either the same color as the body of the home; or a slightly darker
shade of the same color. In either case, they should not be lighter or dark enough to call attention
to themselves.
Other design features which shall be provided include the use of single-bay doors in lieu of
double-width doors. Single-bay doors will usually be required by the Committee, so as to present
a smaller-scale appearance relative to the rest of the structure.
Where more than two garage bays are planned, care must be taken in the design of the garage door
plane. More than two doors are not allowed in the same plane. The third door must occur in a
secondary building plane, offset by a minimum of 36 inches from the primary front wall of the
garage, to avoid a continuous uninterrupted wall of three or more garage doors. No more than three
garage bays will be allowed. All garage doors must be recessed a minimum of 12".
No garage doors over 9 feet in height will be allowed.
The use of fluorescent or other highly visible lighting may be precluded in areas where the expanse
of an open garage door might cause excessive glare, particularly when visible from neighboring
residences and public rights-of-ways or when windows are used in the garage or garage door.
2.13 Solar Applications and Other Structures. Passive solar design is encouraged. Active
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solar applications can result in excessive glare and reflection, and would only be approved by the
Committee if the hardware is integrated in the structure or landscaping of a homesite and are not
visible from any other homesite or common area.
2.14 Pets and Dog Runs. Pets must be restrained within the limits of the homesite so as not to
interfere with the natural migratory and feeding patterns of wildlife.
Dog runs must be integrated to the fullest extent possible with the home and may not be
freestanding. Fencing for dog runs must be as unobtrusive as possible. The barking of dogs must
be controlled at all times and dogs may not be left to bark in dog runs. Dogs must be on a leash
when taken from the home site.
2.15 Changes or Additional Construction. All changes or additions to the approved plans
before, during, or after the construction must first be approved by the Committee.
2.16 Low-Flow Toilets. All residences must incorporate the design of low flow toilets
throughout the residence. Low flow is defined as 1.5 gallons per flush (or less).
2.17 Protection Systems. All residences are required to have alarm systems which monitor
both fire and gas leaks. The systems must be monitored by a reputable service.
2.18 Exterior Furnishings and Sound Systems. All outdoor furniture must conform to the
color and reflectivity standards as set forth by these Guidelines for the home exterior colors.
Sound may not be amplified by mechanical means on the exterior of any homesite.
ARTICLE III- LANDSCAPE GUIDELINES
3.1 Landscape Philosophy. As homes are designed and built within Basinview, care must be
taken to preserve the rugged natural beauty intrinsic to this site. The native vegetation and unique
site features are the fabric that weaves together a cohesive and distinct character for the
community.
Home placement on the site as well as any outdoor needs must be sensitive to the preservation and
continuation of the existing natural fabric. Trees, natural vegetation, and all other site features
should be incorporated and utilized to enhance the overall appearance of the home. Since the plant
species permitted for revegetation is limited, and the growth process long, every method to
preserve existing vegetation must be employed. Landscaping desires should be taken into account
at the Site Planning Phase. Retrofitting a home with only enhanced landscaping after the design
has been established will not likely result in a solution that meets the Committee's requirements.
Each homesite has a designated Building Envelope. It is designed to protect and preserve the
natural landscape features. When thinking about the site plan and Landscape Design three zones
have been created for each homesite. They are the Natural Area, the Transition Area and the
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Private Area. (See Appendix B.)
3.2 Natural Area. The Natural Area is that portion of the homesite which lies outside of the
Building Envelope, and must remain as a natural area left untouched and undisturbed during
construction. On homesites with existing disturbance within the Natural Area, revegetation will be
required by the Committee. If required or otherwise permitted by the Committee, only plants
indigenous to the general area of development may be used in the Natural Area. In addition, the
density and mix of any added plant material in the natural area will be required to approximate the
density and mix found in the general area. Permanent irrigation of the Natural Area on homesites
with existing vegetation is not permitted, since the indigenous vegetation does not require
additional water. Permanent irrigation of the Natural Area can lead to disease and death of the
native plants, and aid in the spread of undesirable plant species or weeds. Temporary irrigation of
all revegetation in the Natural Areas is allowed.
3.3 Transition Area. The Transitional Area is that portion of a homesite within the Building
Envelope, but outside of the residence or site walls, within which an Owner may enhance the
landscape. All areas of the homesites which were disturbed by construction activity must be
restored and revegetated, and must be appropriately tended, until the natural vegetation is
reestablished.
The most formal planting must be situated adjacent to the residence. Plant materials in the
"Close-In Zone" may be selected from the species described in Appendix A of the Architectural
Guidelines. As the distance from the residence increases, a transitional planting zone may occur
between the more formalized planting around the residence and the established Building
Envelope. Planting in this transitional zone should be selected from Appendix A, as the landscape
blends back to the natural vegetation outside the Building Envelope. The line of interface between
this transitional zone and the natural landscape outside the Building Envelope may occur along a
soft edged irregular line which roughly approximates the building envelope line.
Care must be taken during the siting of the residence on the homesite to allow planting space for
perimeter landscaping to occur, if desired, without necessitating encroachment outside the
Building Envelope.
All supplementary landscaping plans must be approved by the Committee prior to its application
or implementation.
3.4 Private Area. The private area is that part of the Building Envelope which is screened
from view from adjacent homesites, the street, or public areas, by site walls or structure, within
which an Owner may create as varied a landscape as desired, provided that only plants on
Appendix A or as approved by the Committee are used. All Private Area landscape designs must
be approved by the Committee.
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3.5 Diverse Homesites. Each homesite is unique within Basinview. The landscape and site
character varies in vegetation type, density, topography, and surface material from homesite to
homesite. Appropriate landscape improvements will be different for each lot and will be derived
from the existing overall natural landscape image established on each site prior to any homesite
improvements.
In order to fully understand the uniqueness of each lot, a careful homesite survey must be
undertaken to accurately determine all existing trees, plants, site features and ground plane
characteristics. This "existing conditions" survey will provide the basis for the Homeowners
landscape improvements plan and also for the Committee to determine how well the proposed
building siting, grading, and landscape improvements relate to the existing natural site character.
Each homesite affects the other in that the larger natural landscape is comprised of all homesites
combined and viewed without reference to individual homesite boundary. It is imperative that
each homesite is successfully improved and accurately restored in character with its own
individual existing natural character if the overall Basinview unique landscape is to be preserved.
3.6 Plant Salvage. Whenever practicable, salvage of native plants and trees that cannot
otherwise be retained on the homesite should be salvaged for reuse on site if approved by the
Committee. These plants are adapted to the site if carefully salvaged, stored and replanted are a
valuable native plant landscape resource for natural site restoration. In an approved arrangement,
these plants can help reestablish and enhance the homesites natural character.
Care must also be taken during the salvage operation to minimize homesite disruption and ensure
the Natural Area remains untouched. Salvage plants must be specifically designated on the
landscape plan including the size, variety, source and maintenance details. If approved by the
Committee, additional salvage trees and plants from other 'local area' sources may also be planted
only if they are native and planted in such a way as to appear as natural undisturbed existing
landscape, native to the site. Prior to any salvage and replant activities specific Committee
approval must be obtained.
3.7 Revegetation of Disturbed Areas. Existing homesite landscape disturbance may only
occur within the Building Envelope for construction purposes, and only in areas approved by the
Committee, and re-landscaped upon completion of construction according to the approved
landscape plan. The size, variety, and location of all existing trees and plants and other site
features must be shown on the landscape plan, including a detailed description of ground plane
character. The Transition areas must be fully restored to match the Natural Area. The Committee
may require more landscaping than that destroyed in order to appear as natural area. "Close In"
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zone areas must either match the natural area or blend enhanced landscape close to the
architecture to a more natural landscape Natural Area or Transition Area edges.
Restoration means replicating all features of the existing natural landscape. This includes the first
step of restoring or creating natural appearing grading shapes that blend to existing drainage
ways, landforms, and site construction. No artificial or arbitrary shapes will be approved. Next,
the finished exposed ground surface must match. Each homesite has its own unique pattern and
colors of soil, sand, and surface rock of all sizes and patterns to be identified and replicated. No
other surface treatment, such as non-site colored rock in decorative, geometric artificial shapes
and patterns, etc. will be approved. Finally, trees and plants, including native grasses must be
selected from a palette of existing varieties already established on site.
In addition, plant spacing, mix, density and arrangement must complement the homesite existing
natural theme. Other elements such as adding down trees, native grassy areas, leaf litter, dry
waterways and matched rock outcroppings may be needed.
Blending is the transitioning from the native landscape to a designed, denser arrangement of
plants. This allows an enhanced, landscape to be created immediately adjacent to the architecture
for screening, shaping views, sun control or to soften and transition architecture and constructed
improvements into the site. Enhanced landscape is described as denser groupings and mixing of
varieties and creating landform features that appear natural however might not normally occur
where proposed. The interest features of these enhanced areas should be directed towards the
home with the more natural appearance to the outside.
Any unsightly disturbance or damage to the homesite landscape must be repaired within seven (7)
calendar days of its occurrence whether it has occurred naturally with approved future
improvements or for undetermined reasons. All landscaping, including any repairs, must be
approved Restoration as discussed above.
All revegetation landscaping will require sufficient temporary irrigation to reestablish the native
landscape environment. Each plant will have separate water needs and as such, the irrigation
system must be flexible enough to allow for both a managed reduction in the amount of water
used and also the independent selection of plants to be irrigated. Although at some point
supplemental irrigation can terminated, the irrigation system will be in place long enough to
require a permanent quality, year round, underground system. All irrigation equipment must be
located or screened in such a way that it is not visible from adjacent properties.
It is the intention of this section that every effort be given by the homeowner to return all
disturbed areas to the overall appearance of native, undisturbed natural landscape as quickly and
completely as possible and to have a minimum of water usage to maintain the landscape.
3.8 Plant Density. Each plant has a natural arrangement and spacing that must be replicated
in order for the proposed landscape to achieve the desired natural look. Although this may vary
from location to location, the arrangement of the plants in the adjacent undisturbed natural area
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will provide the model for plant group arrangements and spacing (plant density). Sufficient
information about these existing natural areas must be placed on the landscape plans in order for
the Committee to determine how closely the proposed plant spacing and sizes relate to the
existing landscape.
Final plant spacing will also be dependent upon the initial size of plants and their respective
growth rates. Generally, smaller plants require closer spacing with possible thinning in the future
if the landscape appears crowded. Also taken into account will be the individual homesite detail
planting areas and their respective orientation, topography, soil conditions, available water and
other conditions that may increase or decrease appropriate plant spacing.
The various native trees, shrubs, groundcovers and grasses also grow in differing and varying
combinations throughout Basinview. For this reason appropriate density or plant spacing is site
specific and depends upon the proposed mix of plant varieties. Density within the Transition Area
replicates the neighboring Natural Area, denser planting may be approved by the Committee for
specific purposes in the Transition Area 'Close In" Zone. In the Private Zone density is as desired
by the homeowner for plants not visible from adjacent properties.
3.9 Groundcover. Some locations on the homesite may be approved by the Committee for
an introduced or enhanced plant groundcover area. These groundcover planting areas may only
be developed in the following ways:
a. As an extension of those occurring naturally in the adjacent native landscape or,
b. As, in the opinion of the Committee, they present the appearance of occurring
naturally. The Committee will not approve any proposal for groundcover areas that
present the appearance of traditional turf or groundcover front or rear yard improvements.
Groundcover may be open natural looking seasonal native grass areas or low growing seasonal
native plants or vines. Permanent or artificially supported year round green or manicured "lawn"
appearing open defined area plantings are not approved. Seasonal plant variation, natural growth
patterns and meandering natural edges are required for these areas to be successful, along with an
appropriate site comprised of logical contouring, area definition and a natural appearing reason
for this area to be present. The Committee will also consider home orientation, architecture and
other site improvement
Inorganic or rock groundcovers may only be used in the Transition Area as they exist naturally
on the adjacent native undisturbed Natural Areas surfaces. When used they must replicate the
native color, shape, and mix of sizes and materials exactly. The existing ground plane must
remain natural in appearance and may not be raked in visible patterns, cleaned, manicured or
otherwise modified. No designed pattern, decorative, artificially shaped, or arrangement of any
inorganic material, such as sand, gravel screened rock, or boulders may be used as groundcover
for ground plane improvements in the Natural Area or Transition Area. Any ground plane
groundcover may be used in the Private Area, so long as not visible from neighboring property.
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Organic groundcovers such as manufactured non-native bark chips, compost and prepared
mulches may not be used in the Transition Area.
3.10 Turf. Turf is not approved for use in the Natural Area, or Transition Area of the
homesite. Nor is turf allowed within the Private Area where visible from adjacent property. The
use of any "turf" is discouraged as it is highly contrasting non-native vegetation requiring more
water, nutrients and maintenance than the natural landscape. It is the intent of these guidelines
that all visible homesite landscape appears native and natural in appearance.
Where approved however, only turf comprised of grasses on the Approved Plant List under
"Grasses' may be planted and then only within the Private Area of the homesite where it is not
visible from adjacent property. It is the intention of the approved turf varieties that they be hybrid
non-seeding varieties.
In addition, wherever turf is approved it shall be maintained or irrigated in such a way that it does
not adversely effect any Basinview improvement, facility, neighboring property, wildlife or
native plants. If, however, at any time the Committee determines that previously approved turf
varieties have become a nuisance for any reason, the Committee may require existing turf to be,
eliminated or replaced with another approved variety.
It is the intent that no turf, nor the replication or appearance of turf be visible from adjacent
property on any homesite within Basinview. Low screen walls or other approved improvements
will be required to contain turf and prevent intrusion into areas outside the approved turf area.
Where visible from neighboring property, native grasses may not be planted, maintained,
irrigated or used in such a way as to take the place of, have the appearance of, or in any way
replicate traditional turf "lawns". Seasonal native grasses may only be used as a natural landscape
element.
3.11 Hardscape. Hardscape is any non-architectural inorganic improvement or modification
to the homesite natural surface within the Natural Area or Building Envelope. This includes
improvements such as paths, walks, on-site parking, improved drainage ways, and hard surface
landscape areas and similar improvements not discussed in the Architectural Guidelines. All such
improvements require Committee approval prior to start of construction or installation, including
proposed location, materials, colors, and any changes to the existing site or landscape.
As with all homesite landscape improvements, the landscape related hardscape must also appear
natural and appropriate in the native landscape. Natural surface materials such as decomposed
granite and surface rock must match the existing native color and textures. Manufactured
products such as brick, pavers or patterned and colored concrete must closely match the adjacent
natural surface color. Whether natural or man made they must be installed or placed in natural
patterns with native grasses or compatible groundcovers planted to soften the improved area.
Walks and pathways must be narrow, 2' to 4' in width, and follow the natural contours. Patios
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must be naturally shaped and located with minimal site modification. The finished patio must
appear as if carefully sited and shaped to fit a naturally occurring location.
Avoid any improvement such as elevated surfaces, curbing, swales, piping or grading that alters
the approved drainage plan for the homesite. These modifications may redirect, concentrate, or
pond storm water, causing erosion or water damage. Porous materials and installation methods
will help reduce water runoff and damaging concentrated water flows.
Ancillary hardscape improvements or associated modifications, such as revised grading, added
landscaping, low walls, built-in seating, and lighting must also be carefully considered by the
homeowner or builder and approved by the Committee. It is intended that any such constructed
improvements feel as an extension of and relate to the approved architecture and any site and
landscape improvements relate to the approved adjacent landscape character.
3.12 Water Features. Constructed water features are not allowed in the Natural Area or
Transition Area of any homesite. Although visually attractive if correctly designed, any water
artificially introduced into the natural environment may be disruptive and is discouraged.
However, with the following considerations, water features may be constructed, if specifically
approved by the Committee, in the Private Area where not visible from neighboring property.
Water features must be designed to be in scale and relationship to the homesite architecture and
designed landscape theme. All water feature mechanical equipment must be screened from view.
Water features must be designed to minimize water use in both normal operation and
maintenance.
Water features, including the lighting, mechanical equipment, water spray, drainage, etc., must
be constructed and maintained so as to not adversely affect neighboring property, native plants
or animals in any way. In addition, the water feature may not create a nuisance in its mechanical
operation, maintenance by attracting animals, insects or supporting non-native plants.
3.13 Common Areas and Wildlife. Common areas shall remain in their natural state in
perpetuity with the exception of the area immediately adjacent to Old Snow Basin Road which
may be used for pathways.
No off-road or any motorized vehicles may be used in common areas at any time.
Common areas may be used for hiking and non-motorized winter sports (skiing and snow shoeing)
only.
ARTICLE IV- CONSTRUCTION REGULATIONS
4.1 Construction Philosophy. In order to ensure that the natural landscape of each homesite
is preserved and the nuisances inherent to any construction process are kept to a minimum, the
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following regulations shall be enforced during the construction period of all improvements at
Basinview. The Owner of a homesite, as such as terms are defined in the Declaration and herein,
shall be responsible for violations of the Architectural Guidelines, including construction
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regulations contained therein by any contractor, subcontractor, agent, or employee performing any
activities within Basinview, whether located on the homesite or elsewhere within Basinview.
4.2 Building Envelope. The building envelope, which is the limit of development on each
homesite, is also the area within which all activities related to the improvements to be constructed
must be confined. To this end, the building envelope must be temporarily staked and roped off, or
fenced in an appropriate manner during the duration of construction. Temporary fencing enclosing
the building envelope must extend for the full street frontage so no workmen park in the natural
area. Where necessary for construction of improvements directly along the edge of a building
envelope, a temporary construction encroachment of up to 5 feet into the adjacent natural area may
be permitted by the Committee, in its sole discretion, provided the Owner shall be obligated to
revegetate the area of such temporary encroachment promptly following construction.
4.3 OSHA Compliance. All applicable Occupational Safety and Health Act (OSHA)
regulations and guidelines must be observed at all times.
4.4 Construction Site Plan and Construction Trailers. As part of the Final Submission, a
construction site plan must be prepared and approved which indicates construction access, parking
areas off of the street, sanitary facilities, including approved access drives, relating to construction
activities on any homesite.
Upon approval of the Construction Site Plan a construction trailer or portable field office may be
located on the building site within the building envelope, clear of all setbacks. The type, size and
color of any portable office must be approved by a representative of the Committee as part of the
construction site plan. The field office may not be placed on-site earlier than two weeks prior to the
actual onset of continuous construction activity. At the same time, the provision of temporary
power and telephone will be determined..
4.5 Trash Receptacles and Debris Removal. Owners and builders shall cleanup all trash and
debris at the end of each day; an approved trash receptacle must remain on the site at all times for
this purpose to contain all lightweight materials or packaging. The receptacle must be positioned
on the site alongside the access drive, clear of side and rear setbacks, adjacent road right(s)-of-way
and neighboring properties. Trash receptacles must be emptied on a timely basis to avoid overflow
of refuse; disposal shall be at a suitable off-site facility. Owners and builders are prohibited from
dumping, burying, or burning trash anywhere on the homesite or in Basinview. Heavy debris, such
as broken stone, wood scrap, or the like must be removed from the site immediately upon
completion of the work of each trade that has generated the debris.
All concrete washouts, from both trucks and mixers, must occur within the building envelope of
the homesite in a location where it will be ultimately concealed by structure or covered by backfill.
Washout in road rights-of-way, setbacks or on adjacent properties is strictly prohibited.
During the construction period, each construction site shall be kept neat and shall be properly
policed to prevent it from becoming a public eyesore or detriment to other homesites or open
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space. Dirt, mud, or debris resulting from activity on each construction site shall be promptly
removed from public or private roads, open spaces and driveways or other portions of Basinview.
Any clean-up costs incurred by the Association in enforcing these requirements shall be payable
by the Owner.
4.6 Sanitary Facilities. Each Owner or builder shall be responsible for providing adequate
sanitary facilities for his/her construction workers. Portable toilets must be located within the
building envelope, clear of all setbacks and in a discreet location.
4.7 Construction Access. The approved access drive approved by the Committee will be the
only construction access to any homesite.
4.8 Vehicles and Parking Areas. Construction crews will not park on, or otherwise use,
undeveloped portions of homesites or open space. All vehicles shall be parked within the building
envelope. During very busy construction periods involving multiple trades such that all
construction vehicles cannot be confined to the site proper, the overflow vehicles may be
temporarily parked along the shoulder of the roadway; in locations and for time periods solely as
approved by the Committee. Vehicles may not be parked on neighboring homesites, in nearby
driveways or on open space. Changing oil or other vehicle maintenance is prohibited. Restoration
of any native vegetation or roadway revegetation damaged by parking along the street frontage
shall be the responsibility of the homesite Owner and may be required by the Committee as a
precondition to final construction approval.
4.9 Conservation of Native Landscape. Trees which are to be preserved must be marked and
protected by flagging, fencing, or barriers. The Committee shall have the right to flag major terrain
features or plants which are to be fenced for protection. Any trees, branches, or other vegetation
removed during construction must be promptly cleaned up and removed from the construction site.
4.10 Excavation Materials and Blasting. If any blasting is to occur, the Committee must be
notified two weeks in advance and appropriate approvals must be obtained from Weber County.
Blasting may only be done by licensed demolition personnel, with all requisite insurance
coverage's as mandated by county and state statutes, specific to their blasting activity at
Basinview.
The Committee shall have the authority to require in writing documentation of anticipated seismic
effects, with confirmation such effects will not be injurious to other persons or properties, public
or private, and that all appropriate protection measures have been utilized. The Committee may
require additional insurance to cover potential damages from blasting to subdivision
improvements and common areas.
All excess material resulting from blasting, as well as all other excess excavation materials, must
be removed from Basinview.
4.11 Dust and Noise Control. The contractor shall be responsible for controlling dust and
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noise from the construction site, including the removal of dirt and mud from public or private
roads that is the result of construction activity on the site.
The sounds of radios or any other audio equipment used by construction personnel must not be
audible beyond the property perimeter of any homesite; repeated violations of this provision will
precipitate a total prohibition of any on-site use of radios or audio equipment during construction.
4.12 Material Deliveries. All building materials, equipment and machinery required to
construct a residence on any homesite at Basinview must be delivered to and remain within the
building envelope of each homesite, clear of all setbacks. This includes all building materials,
earth-moving equipment, trailers, generators, mixers, cranes and any other equipment or
machinery that will remain at Basinview overnight. Material delivery vehicles may not drive
across adjacent homesites or tracts to access a construction site.
4.13 Firearms. The possession or discharge of any type of firearm by construction personnel
on any construction site, homesite, tract or right-of-way at Basinview is prohibited.
4.14 Alcohol and Controlled Substances. The consumption of alcohol or use of any
controlled substance by construction personnel on any construction site, homesite, tract or
right-of-way at Basinview is prohibited.
4.15 Fires and Flammable Materials. Careless disposition of cigarettes and other flammable
materials, as well as the build-up of potentially flammable materials constituting a fire hazard, are
prohibited. At least two 20-pound ABC-Rated Dry Chemical Fire Extinguishers shall be present
and available in a conspicuous place on the construction site at all times.
No on-site fires are allowed, except for small, confined, attended fires for the purposes of heating
masonry water.
4.16 Pets. No pets, particularly dogs, may be brought onto the property by a member of any
construction crew.
4.17 Preservation of Property. The use of or transit over any other homesite, common area or
amenity is prohibited. Similarly, the use of or transit over the natural area or setbacks outside the
building envelope of any homesite is prohibited. Construction personnel shall refrain from
parking, eating, depositing of rubbish or scrap materials (including concrete washout) on any
neighboring homesite, tract, or right-of-way.
4.18 Protection of Subdivision Improvements and Restoration of Property. Each Owner
shall be responsible for the protection of all subdivision improvements, roadways, common areas,
or improvements of any other homesite which may be damaged by the activities of such Owner's
contractor, subcontractor, agents, or employees.
Upon completion of construction, each Owner and builder shall clean his/her construction site and
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repair all property which has been damaged, including but not limited to, restoring grades, planting
shrubs and trees as approved or required by the Committee, and repair of streets, driveways,
pathways, drains, culverts, ditches, signs, lighting, and fencing.
4.19 Construction Signage. Except as specifically approved otherwise by the Committee,
temporary construction signs shall be limited to one sign per site not to exceed six square feet of
total surface area. This sign is intended for job site identification only; therefore, it must be
located within the building envelope, facing the street frontage of the homesite. It may identify the
general contractor and designer by name with address and telephone number and it may identify
the job site by homesite number or Owner’s name, but it may not include marketing related
terminology such as “for sale”, “available”, or “offered by”. The sign shall be free standing, not to
exceed four feet in height above natural grade, and of a design and in a location within the building
envelope approved by the Committee.
The construction sign may not be erected on a site earlier than two weeks prior to the onset of
continuing construction activity and must be removed within two weeks of the issuance of a
certificate of occupancy by the County, or immediately upon the passage of 30 calendar days
without significant construction activity.
Individual signs, or construction sign attachments, identifying individual sub-contractors,
tradesmen, or suppliers are prohibited; identification of licensed tradesmen, when required by
state or county statutes, shall be confined to the posting location of the building permit.
Attachment of signs or similar material to trees is prohibited.
4.20 Daily Operation. Daily working hours for each construction site shall be from 30 minutes
before sunrise to 30 minutes after sunset. Construction activity which generates noise audible
from the boundaries of any homesite, such as hammering, sawing, excavation work, concrete
delivery, etc., must be confined to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, and
8:00 a.m. to 7:00 p.m. on Saturday. Noisy activity is prohibited on Sunday of each week.
4.21 Site Visitations. Due to the inherent danger associated with an active construction site,
visitors to any site should be limited to those persons with official business relation to the
construction activity, such as construction workers and tradesmen, building officials, security
staff, Architectural Review observers, sales personnel and the Owner.
4.22 Construction Insurance Requirements. All contractors and sub-contractors must post
evidence of insurance with their homesite Owner prior to entering the construction premises. The
Committee may require each homesite Owner to provide copies of such existence of insurance as
a condition to commencement of construction.
Insurance shall be evidenced in the form of a valid Certificate of Insurance naming both the
homesite Owner and Basinview as the certificate holders. The required insurance must provide
coverage not less than the applicable limits of coverage relating to comprehensive general
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liability, automobile liability and workmen’s compensation. The minimum limits of liability shall
not be less than $500,000 each for general liability and automobile liability. General liability
coverage shall contain provisions for contractual liability and broad form property damage. The
certificate shall provide for thirty (30) day notice to the certificate holders in the event of
cancellation or material change in the limits of coverage.
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APPENDIX A – APPROVED PLANT LIST
COMMON NAME BOTANTICAL NAME
EVERGREEN TREES
Rocky Mountain Juniper Juniperus scopulorum
Colorado Spruce Picea pungens
Lodgepole Pine Pinus contorta latifolia
DECIDUOUS TREES
Rocky Mountain Maple Acer glabrum
Boxelder Acer negundo
Thinleaf Alder Alnus tenuifolia
Shadblow Serviceberry Amelanchier canadensis
Common Hackberry Celtis occidentalis
Beechleaf Mountain Mahogany Cercocarpus montanus
Desert Willow Chilopsis linearis
Narrowleaf Cottonwood Populus angustifolia
Aspen Populus tremuloides
Chokecherry Prunus virginiana melanocarpa
Gambel Oak Quercus gambeli
Smooth Sumac Rhus glabra
Staghorn Sumac Rhus typhina
Rose Locust Robinia Neomexicana
EVERGREEN SHRUBS
Greenleaf Manzanita Arctostaphylos patula
Emerald Green Manzanita Arctostaphylos santii
Running Serviceberry Amelanchier stolonifera
Curleaf Mountain Mahogany Cercocarpus ledifolius
Silverberry Eleagnus comutata
Mormon Tea Ehhedra viridis
Red Yucca Hesperaloe parviflora
Common Juniper Juniperus communis
Utah Juniper Juniperus osteosperma
Rocky Mountain Juniper Juniperus scopulorum
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DECIDUOUS SHRUBS
Alder Alnus incana
Saskatoon Seviceberry Amelanchier alnifolia
Utah Serviceberry Amelanchier utahensis
False Indigo Amorpha fruticosa
Big Sagebrush Artemisia tridentate
Mountain Big Sage Arternisia tridentate vaseyana
Wyoming Big Sage Artemisia tridentate wyomingensis
Martin Ceanothus Ceanothus martini
Tobacco Brush Ceanothus veluntinus
Rubber Rabbitbrush Chrysothamnus nauseosus
Douglas Rabbitbrush Chrysothamnus viscidifloris
Red Osier Dogwood Cornus sericea “Baileyi”
Western Hazelnut Coryus cornuta californica
Cliffrose Cowania mixicana stansburiana
Winterfat Eurotia lanata
Rock Spirea Holodiscus domosus
Shrubby Cinquefoil Potentilla fruticosa
Alpine Currant Ribes alpinum
Mountain Mahogany Cercocarpus montanus
Woods Rose Rosa woodsii
Blue Elderberry Sambucus caerulea
Elderberry Sambucus canadensis
Buffaloberry Shepherdia argentea
Mountain Snowberry/Coralberry Symphoricarpos oreophilus
PERENNIALS
Hollyhock Alcea rosea “Chater’s Double”
Filigree Daisy Anthemis marschsalliana
Rocky Mountain Columbine Aquilegia caerulea
Western Columbine Aquilegia formosa
Prickly Poppy Argemone munita
Poppy Mallow, Wine Cups Callirhoe involucrate
Native Bluebells Campanula rotundilfolia
Bachelor Button Centaurea dealbata “Rosea”
Keys of Heaven, Red Valerian Centranthus rubber
Chicory Cichorium intybus
Western Virgins Bower Clematis ligusticifolia
Trailing Daisy Erigeron flagillaris
Sulphur Flower Eriogonum umbellatum
Stork’s Bill Eroduim circutaruim
California Poppy Eschscholzia californica
Blue Fescue Festuca ovina glauca
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Blanket Flower Gaillardia artistata
Burgundy Blanket Flower Gaillardia grandiflora
Dwarf Blanket Flower Gaillardia grandiflora “Goblin”
Chilean Evens, Prarie Smoke Geum triflorum
Curlycup Gumweed Grindelia squarosa
Snakeweed Gutierrezia serothae
Common Sunflower Helianthus annuus
Hairy Goldenaster Heterotheca villosa
New Mexico Hops Humulus lupulus neomexicanus
Yellow Flax Linum flavum compacta
Blue Flax Linum lewisii
Blackfoot Daisy Melampodium leucanthum
Beebalm, Horsemint Fistulosa
Mexican Evening Primrose Oenotheria berlandierri
Penstemon Penstemon barbatus
Firecracker Penstemon Penstemon eatonii
Pine Leaf Penstemon Penstemon pinifolius
Rocky Mountain Penstemon Penstemon strictus
Rock Goldenrod Petradoria pumila
Mexican Hat Ratibida columnifera
Wooly Mullein Verbascum bombyciferum
“Artic Summer”
Common Mullein Verbascum thapsus
GROUND COVERS
Kinnikinnick Arctostaphylos uve-ursi
Creeping Oregon Grape Mahonia repens
Dwarf Mountain Lover Pachistima canbyi
Mountain Lover Pachistima myrsinites
GRASSES
Western Wheatgrass Agropyron smithii “Arriba”
Western Wheatgrass Agropyron smithii rosanna
Mountain Brome Bromus marginatus
Mountain Brome Bromus carinatus
Mutton Bluegrass Poa fendleriana
Idaho Fescue Festuca idahoensis
Sheep Fescue Festuca ovina
Creeping Red Fescue Festuca rubra
Perennial Ryegrass Lolium perenne
APPENDIX B – ILLUSTRATION
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70
APPENDIX C – ARCHITECTURAL REVIEW SUBMITTAL CHECKLIST
STEP 1 - PRE-DESIGN CONFERENCE (Before any design begins)
• Review Guidelines
• Discuss Driveway Configuration
• Answer all questions related to process
STEP 2 - PRELIMINARY DESIGN SUBMITTAL
• Site Plan Survey with Topography
• Floor Plans
• All Exterior Buildings Elevations
• Supplemental Drawings Requested in Pre-Design
• Architectural Review Fee Check & Application
STEP 3 - FINAL DESIGN SUBMITTAL
• Complete Construction Documents
• Time Schedule for Construction
• Sample of all Exterior Materials, Colors and Glass Specifications
• Landscaping Plan
• Exterior Lighting Plan and Lighting Cuts
• Performance Deposit
• Construction site plan
STEP 4 - COUNTY BUILDING PERMIT
STEP 5 - PRE-CONSTRUCTION CONFERENCE
• Builder Must Meet with a Representative of the Committee Prior to Commencement
of Construction
• Approval From the Committee Must Be Obtained Prior to Bringing in Any
Construction Trailer, Field Office, Etc.
STEP 6 - CERTIFICATE OF FINAL CONSTRUCTION APPROVAL
• Issued by the Architectural Control Committee upon Completion of Construction
and all Required Inspections
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APPENDIX D – ARCHITECTURAL REVIEW APPLICATION
Applicant to Complete the Information Below
Project Location Owner
__________________________________________________________________
Homesite # Name
__________________________________________________________________
Street Address Mailing Address
__________________________________________________________________
City State Zip
__________________________________________________________________
Phone
__________________________________________________________________
Fax E-mail
Architect/Designer Contractor/Builder
__________________________________________________________________
Firm/Architect/Designer Firm
_________________________________________________________________
Mailing Address Mailing Address
__________________________________________________________________
City State Zip City State Zip
__________________________________________________________________
Phone Phone
__________________________________________________________________
Fax E-mail Fax E-mail
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Home Information
Enclosed Livable: _____________________Sq. ft.
Enclosed Total:
_____________________Sq. ft.
Covered/Under Roof Total: ____________ Sq. ft.
Description of Submittal
Attach all necessary drawing and information
Applicant
As Applicant, either as Owner or Owner’s Agent, I have read and understand the
Architectural Guidelines and the CC&R’s concerning design and construction in Basinview.
I also acknowledge that the Architectural Review Fee is non-refundable.
Applicant’s Signature Print Name Date
For Committee Use Only
Reserved By: _________________________________________________
Date: _________________________________________________________
Scheduled Meeting Date:
Pre-Design Meeting Date:
Preliminary Approval Date:
Final Approval Date:
Notes:

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