Keystone Drive Subdivision Guidelines

1.0 DEFINITIONS

1.1 For the purposes of this Statutory Building Scheme the following words or phrases have the following meanings:

“Design Guidelines” means the design guidelines provided to the Owner of a Lot for the purposes of regulating the type of Improvement to be constructed on a Lot;

“Developer” means KEYSTONE CREEK PROPERTIES LTD. and includes any agent designated and authorized in writing by KEYSTONE CREEK PROPERTIES LTD. to take its place and carry out its obligations under this building scheme and the attached Design Guidelines;

“Improvement” or “Improvements” mean the building(s) or structure(s) (including landscaping) constructed or installed on a Lot;

“Lands” means the lands legally described as Lots 1 -27, Section 19, Range 4, Quamichan District, Plan EPP69850 and which Lands are the subject matter of this building scheme;

“Lots” means two or more of the 27 lots located on the Lands to which this building scheme applies and “Lot” means any one of the Lots

“Municipality” means the Municipality of the District of North Cowichan;

“Owner” means a registered owner of a Lot;

“Plans and Specification” means the detailed plans and specifications referred to in 2.1(a) of this Statutory Building Scheme;

“Works” means any improvement on a Lot including, without limitation: site preparation; filling and excavation; erection or construction of any residence, building or other structure; installation of driveways or walkways; and landscaping.

2.0 APPLICATION FOR APPROVAL

2.1 No person will apply for development approval with respect to a Lot or commence construction or installation of any Improvements on a Lot without first:

(a) providing the Developer with reasonably detailed plans and specifications of the Improvements in accordance with the provisions of the Design Guidelines, and such further and other plans, specifications, samples or other materials as the Developer may reasonably require to assist it in its consideration of the proposed Improvements;

(b) having the Plans and Specifications reviewed and approved, in writing, by the Developer; and

(c) obtaining a building permit from the Municipality.

3.0 RESTRICTIONS

3.1 The following restrictions will apply to all Lots:

Signage

(a)No billboard or sign of any character shall be erected, posted or displayed upon or about any part of any Lot other than:

(i) For Sale” signs not larger than eighty (80cm) centimetres by sixty (60 cm) centimetres;

(ii) Signs showing the Owner’s name and street address not larger than fifty (50 cm) centimetres by forty (40 cm) centimetres; and

(iii) Signs in support of a person seeking elected public office during an election campaign;

Vehicles and Equipment

(b) None of the following are to be located, kept or stored on any Lot:

(i) house trailer;

(ii) travel trailer

(iii) mobile home camper

(iv) recreational vehicle

(v) vehicle or structure designed for or capable of providing overnight accommodations

(vi) unlicensed vehicles

(vii) commercial truck (greater that 1-ton GVW)

(viii) boats

(ix) machinery

except within enclosed roofed buildings or garages or an area with adequate screening and behind the front line of the façade of the dwelling unit;

Construction

(c) No construction materials are to be stored on a Lot except for the construction of approved Works on that Owner’s own Lot during the course of construction;

(d) No construction debris or waste materials or excess materials shall be allowed to accumulate on any Lot during construction or at the conclusion of construction of Works;

General Use

(e) No basement, garage, out-building or other structure on a Lot other than the dwelling shall be used as a residence either permanently or temporarily unless approved by the Municipality;

(f) No shack or cabin shall be erected or placed on any Lot for use as a residence either temporarily or permanently;

(g) No temporary structure shall be erected or placed on any Lot except for construction trailers that are necessary for construction and are placed on a Lot only during the construction of approved Works;

(h) No trailer, tent, mobile home, metal structure, camper, or motor vehicle of any kind shall be maintained on a Lot as a residence either temporarily or permanently;

(i) No waste materials or refuse of any kind shall be allowed to accumulate on any Lot. No logs shall be stored on any Lot and no cut firewood shall be kept outside of a dwelling unless it is neatly stacked at the side or rear of the dwelling and out of view from the street;

(j) No garbage receptacles, compost heaps or compost containers shall be stored on any Lot unless they are screened from view from the street;

(k) No satellite dish or antennae shall be attached in a conspicuous location to any dwelling when viewed from the street and no satellite dish shall have a diameter greater than sixty-one (61 cm) centimetres;

(l) .No outdoor clothes lines or poles shall be erected on any Lot except for an umbrella or collapsible type erected so that it is not visible from the street;

(m) No gas or electrical meters shall be installed on the wall of any dwelling that faces a street;

(n) No Owner shall allow noxious weeds (for example, thistles) or invasive plant species (for example, scotch broom, gorse or ivy) to accumulate on any Lot at any time, including prior to construction of Works;

(o) No vegetation (other than trees and native shrubs) on a vacant Lot shall be permitted to grow more than 12 inches (30 cm) in height; and

(p) No livestock, endangered species, poultry and any other non-domestic animal shall be kept on a Lot.

4.0 EXEMPTION

4.1 The Developer shall have the right, in its absolute discretion, to interpret, modify, waive, relax, vary or release any of the aforesaid restrictions relating to any of the Lots remaining unsold and to exempt any of the Lots remaining unsold from any of the aforesaid restrictions.

5.0 EXPIRY

5.1 This building scheme will expire on September 1, 2030 and thereafter the provisions hereof will be of no further effect.

Environmental Management Plan

Design Guidelines

1.0 DEFINITIONS

1.1 For the purposes hereof the following words or phrases will have the following meanings:

“Compliance Deposit” means the deposit paid by the purchaser of a Lot as referred to in section 16 of the Design Guidelines;

“Developer” means KEYSTONE CREEK PROPERTIES LTD. and includes any agent designated and authorized in writing by KEYSTONE CREEK PROPERTIES LTD. to take its place and carry out its obligations under this building scheme and the attached Design Guidelines;

“Improvement” or “Improvements” mean the building(s) or structure(s) (including landscaping) constructed or installed on a Lot;

“Lands” means the lands legally described as Lots 1 -27, Section 19, Range 4, Quamichan District, Plan EPP69850 and which Lands are the subject matter of this building scheme;

“Lots” means two or more of the 27 lots located on the Lands to which this building scheme applies and “Lot” means any one of the Lots

“Municipality” means the Municipality of the District of North Cowichan;

“Owner” means a registered owner of a Lot;

“Plan Approval Fee” means the non-refundable fee referred to in section 15 of the Design Guidelines;

“Plans and Specification” means the detailed plans and specifications of the Improvements in accordance with the provisions of the Design Guidelines, and such further and other plans, specifications, samples or other materials as the Developer may reasonably require to assist it in its consideration of the proposed Improvements;

“Works” means any improvement on a Lot including, without limitation: site preparation; filling and excavation; erection or construction of any residence, building or other structure; installation of driveways or walkways; and landscaping.

2.0 OBJECTIVES AND DESIGN PRINCIPLES

2.1 These Design Guidelines establish the requirements and a process for ensuring that the Owner of Lot is respectful of the site context and the general design theme of the project when building on their Lot.

2.2 It is the objective of the Design Guidelines to control the design, siting, materials and appearance of buildings and site works on the Lots so as to provide a consistent and predictable standard of development and to maintain the value of the lots within the project. To this end, the following principals shall be followed:

(i) Housing will convey an attractive and friendly appearance from the street.

(ii) Trees and landscaping will be used throughout the project.

(iii) Housing shall be constructed of durable, high quality materials.

(iv) Housing shall be designed to conform to existing topography.

(v) Housing will be designed with a functional, contemporary theme.

2.3 Development and construction activities on any Lot must minimize impacts on the natural environment (i.e. trees, watercourses, water quality and air quality).

3.0 APPROVALS

3.1 A complete application package is available at www.square1design.ca

3.2 No application required hereunder may be submitted to the Municipality without the prior written approval from the Developer.

3.3 The cost of the review process shall be borne by the applicant including the final inspection upon completion of the development of the Lot.

3.4 In granting or withholding its approval of the Plans and Specifications, the Developer will refer to the Design Guidelines and may consider such factors as it considers relevant including, without limitation:

(a) building siting and set‑back,

(b) screening and building height;

(c) construction materials and techniques;

(d) provision of parking;

(e) general architectural aesthetics;

(f) landscaping;

(g) exterior layout;

(h) compliance with the Design Guidelines;

(i) compliance with provisions of the Section 219 covenants, easements, statutory rights of way and other easements registered against title to the Lots;

(j) the fencing;

(k) the roof slopes; and

(l) the exterior materials and colours.

3.5. The approval of the Developer of any Plans and Specifications will not be unreasonably withheld or delayed if the Plans and Specifications meet the requirements of the Design Guidelines and the applicant for such approval complies with all of the requirements herein.

3.6. Following approval of the Plans and Specifications, no construction of Improvements will be commenced or carried out on any of the Lots:

(a) except in accordance with the approved Plans and Specifications; and

(b) except in compliance with the Design Guidelines and all generally applicable laws, ordinances, rules, regulations or orders of governmental authorities applicable to the Lot.

3.7 The Owner is responsible for complying with all governmental standards and applying for and obtaining all necessary approvals, licenses and permits.

4.0 CONSTRUCTION

4.1 Erosion control to prevent siltation within storm drains, catch basins and drainage courses is mandatory. Prior to the construction of any Works on a Lot, sediment control measures consisting of a drainage ditch to the low point of the Lot or other practical location, and silt fencing and collection basins, are to be provided. Silt fencing is to be maintained in good, functioning condition. If basement excavations are to be pumped out, the water removed must be drained through a silt fence. All stock piles of excavated or other loose material must be covered with plastic tarps until the site is graded.

5.0 TREES AND LANDSCAPING

5.1 No trees shall be removed from a Lot unless such removal is necessary to construct Works that are in compliance with the Design Guidelines or such removal is recommended by an arborist for reasons of safety or the health of surrounding vegetation. Any vegetation removal within the designated SPEA boundaries is to be carried out within the specified guidelines to be found at www.square1design.ca

5.2 Tree, shrub and flower bed coverage (net of driveways, walkways and patios) shall not be permitted to be less than 20% of the lawn coverage area (with a majority of combined trees, shrubs and flowerbeds located in the front yard).

5.3 No Landscaping shall be without selective use of bark mulch, shrubs, flowers, trees and lawn and no Landscaping shall include underbrush, small growth, dead trees or debris. A minimum of two (2) trees are required per Lot with a minimum caliper size of 2” (5 cm) (at chest height). Tree species, sizes and planting locations must be approved by the Developer.

5.4 In-ground, micro/drip bed irrigation (no soaker hoses) complete with a front yard automatic timer irrigation system shall be installed and operated in compliance with Municipal watering regulations.

5.5 The Lots that include riparian areas shall be maintained only in accordance with the riparian area guidelines provided by the Developer;

6.0 RETAINING WALLS

6.1 No retaining walls with exposed surfaces over thirty (30 cm) centimetres in height shall be constructed unless the exposed walls are architecturally treated by thorough sand-blasting, board forming, exposed aggregate or covered with exterior finishing such as stone or brick material that blends in with the other improvements on a Lot.

6.2 All retaining wall designs are to be Developer approved prior to construction.

6.3 No retaining walls over one hundred twenty-two (122 cm) centimetres in height shall be constructed. No total rise in retaining structures shall exceed one hundred twenty-two (122 cm) centimetres except where retaining walls of not more than 122 cm are separated by landscaped terraces of not less than 61 cm in depth.

7.0 FOUNDATIONS

7.1 Exposed concrete foundation walls shall not exceed thirty (30 cm) centimetres in height, measured from finished grade to the underside of the exterior wall cladding, except where the foundation must be stepped to accommodate finished grades.

7.2 No exposed concrete block foundation is permitted on a Lot.

8.0 FENCING

8.1 No fence shall be constructed other than:

(i) high quality stained cedar board and/or lattice panel fences; or

(ii) hedges that serve as fences along side or rear property lines.

8.2 No fence shall be higher than 6 feet (1.82 metres) and shall otherwise conform to Municipal bylaws.

8.3 No wire fencing (including page wire, barbed wire, chain link, and chicken wire) shall be constructed or installed on a Lot except where separating the rear yard from the SPEA areas in which case black or green chain link is allowed subject to Developer approval.

9.0 EXTERIOR FINISHES AND COLOUR SCHEME

9.1 No structure shall be constructed on any Lot unless all exterior finishes are in conformity with the following:

(a) No vinyl or aluminum siding shall be used on any structure on a Lot.

(b) No siding shall be used on any structure on a Lot other than:

(i) wood siding;

(ii) cedar shingles;

(iii) brick;

(iv) stone;

(v) stucco, provided it is a Developer approved design element and shall cover not more than 20% of an exterior face; and

(vi) approved materials that replicate the above materials such as Hardi-Plank siding and cultured stone; and

(vii) No siding shall be used on the front elevation of a structure that is visible from a public street unless it includes an element of brick or stone (or materials that replicate brick or stone) that represents at least 10% of the wall surface area.

(c) A minimum of 2 types of exterior cladding shall be used on the front elevation.

(d) All exterior wall claddings except rock, cultured stone and brick shall have a minimum 4 inch (10 cm) wide painted wood trim around windows and doors and at building corners.

(e) Notwithstanding Section 8.1(d) herein, corner trim is not required where siding corners have been bevelled and mitred.

(f) The vertical height of buildings shall be broken by horizontal base trims or secondary roofs.

(g) No structure shall be constructed unless all exterior colour schemes:

(i) are subdued, natural, earth-tone colours;

(ii) are not light (off-white) colours except in conjunction with contrasting darker colours for trim;

(iii) are not bright or loud. Trim, accent and rock colours shall be complimentary to the principal exterior building colours:

(iv) fits/compliments the surrounding neighbourhood; and

(v) include a minimum of 3 colours. A natural stained wood feature is encouraged and is considered a colour.

(h) Front doors will have raised panels of solid construction. Decorative windows are permitted within the front door and a natural stained wood finish is encouraged.

10.0 GARAGES AND DRIVEWAYS

10.1 No dwelling shall be constructed without an enclosed garage for a minimum of one standard, passenger size, motor vehicle.

10.2 No carports or garages without doors shall be constructed.

10.3 Garage side walls that face a public street shall have windows and other exterior detailing that match or complement the dwelling.

10.4 No siding for garages shall be utilized that does not match the siding of the dwelling.

10.5 For the purposes of this paragraph, “driveway” excludes private roads within the development, and:

(a) no driveways or other vehicular access to dwellings on a Lot shall be constructed unless the materials used consist of exposed aggregate concrete, interlocking paving stones, or a combination thereof;

(b) no gravel driveways shall be constructed on a Lot except for a panhandle Lot or as accessory parking;

(c) no asphalt driveways shall be constructed on a Lot; and

(d) no driveways shall be constructed on a Lot that does not extend to the front curb or sidewalk.

11.0 ROOF AND CHIMNEY

11.1 No dwelling’s roof design shall have less than two roof intersections, two separate roof planes, or a combination of both on the front elevation.

11.2 Dormers, secondary roofs and detailed gables are encouraged.

11.3 No duroid shingle or metal roofs are permitted. No roofing materials shall be used on any Lot other than:

(a) cedar shingles;

(b) fibreglass reinforced asphalt shingles;

(c) concrete tile or slate;

(d) copper as a feature;

(e) materials that replicate the foregoing in appearance and surpass the foregoing in durability.

(f) No roof pitch shall be:

(i) less than 5:12 for main roof areas of duplex and single-family dwellings; and

(ii) less than 3:12 for dormers and porch covers

11.4 No roof overhang shall be less than sixty-one (61cm) centimetres.

11.5 Barge boards at gable edges shall be trimmed with a painted wood 2” x 8” with a minimum of 1” x 3” shadow line and include a decorative keystone at each peak.

11.6 No mechanical equipment such as elevator shaft housing, heat pumps and air conditioners may be installed on a roof. All mechanical venting is encouraged to exit the roof in an inconspicuous location not visible from the road frontage.

11.7 No chimney shall be left exposed and no chimney shall be covered with materials other than approved siding as noted herein.

12.0 EXTERIOR LIGHTING

12.1 Exterior light fixtures shall not be located or directed so as to cause glare or illumination on adjacent Lots.

12.2 House numbers shall not exceed 6” in height and shall be illuminated with an exterior light so they are visible from the road.

13.0 DECKS

13.1 The support structure for decks shall be concealed behind a trellis screen or clad with siding or other material.

13.2 The underside of decks that are visible from a public road shall be clad with exterior rated soffit material.

14.0 SOLAR PANELS AND RAIN BARRELS

14.1 The use of Developer approved solar panels and Developer approved rain water barrels/rain gardens is encouraged subject to siting and placement.

15.0 PLAN APPROVAL FEE

15.1 A non-refundable plan approval fee in the sum of $500.00 (plus GST) will be paid by the purchaser of Lot at the time of the purchase of the Lot. The Plan Approval Fee will be an adjustment on the statements of adjustments and collected by the Developer at the time of the conveyance of a Lot to a purchaser.

16.0 COMPLIANCE DEPOSIT

16.1 The Compliance Deposit in the sum of $2,000.00 will be paid by the purchaser of Lot at the time of the purchase of the Lot. The Compliance Deposit will be an adjustment on the statements of adjustments and collected by the Developer at the time of the conveyance of a Lot to a purchaser.

16.2 The Developer will retain the Compliance Deposit, or portion of it, for any of the following infractions:

(a) Violation of this Building Scheme or the Design Guidelines;
(b) Changes to the approved design plans made without approval of the Developer;
(c) Damage to surface improvements and utilities;
(d) Failure to clean up site;
(e) Unauthorized dumping.

16.3 Application in writing to the Developer for the return of the Compliance Deposit may only be requested upon completion of the Improvements as approved through this design review process. A completed home will include:

(a) Exterior elevations, driveways, final exterior paint and walks;

(b) Site cleanup;

(c) Completed yard landscaping; and

(d) Approved final inspection.

16.4 There will be no interest paid on the Compliance Deposit.