French Broad Crossing ARB Guidelines

Architectural and Site Design Guidelines EFFECTIVE APRIL 2016

ARCHITECTURAL AND SITE DESIGN GUIDELINES

Table of Contents 1.0 Introduction Objective of the Design Guidelines Relationship to Legal Documents Community Master Plan Consistency within Guidelines 2.0 Organization and Responsibilities of the

Architectural Review Committee (ARC)

Mission and Function Membership

Scope of Responsibility

Enforcement Powers

Limitation of Liability 3.0 Architectural Review Process Overview

ARC Design Review Meetings

Design Review Fees

Preliminary Concept Review

Final Construction Plan Review

Construction Reviews

Field Changes

Completion Deadline

Alterations to Existing Structures

Appeal Process

Variances/Extensions of Time Enforcement/Fines 4.0

The Construction Process Construction Time Limit Construction Compliance Bond Road Impact Fee Building Codes Temporary Sanitation Facilities Tree Protection Erosion Control Site Maintenance Construction Parking Limitations Right to Enter and Inspect Lot for Compliance Conduct of Workers Revisions and Changes during Construction Termination/Replacement of Builder Return of Construction Compliance Bond

5.0

Specific Submission Requirements Plan Submission Requirements for Design Review

6.0 Architectural Design Guidelines

General Standards

Modular Construction

Dwelling Size/Minimum Standards

Setback Requirements

Cottage Cluster Requirements

Height Requirements

Approved Exterior Siding Material Roofs Chimneys

House Identification Doors

Windows and Solar Panels

Decks and Patios

Awnings and Shutters

Gutters and Downspouts

Radon Mitigation 7.0

Site Requirements: Utilities Service Area Liquid Propane Antennas and Satellite Dishes

8.0 Site Requirements: Accessory and Decorative Structures Outbuildings

Arbors and Trellises

Fences and Walls Flagpoles

Swimming Pools/Hot Tubs/Water Features Clothesline

Tennis Courts Other 9.0

Site Requirements: Grading and Drainage

10.0

Site Requirements: Driveways

11.0 Site Requirements: Landscaping and Lighting

Landscape Budget and Submission Requirements

Timing of Landscape Installation Lighting 12.0

Site Requirements: Impacts on Conservation Easements

13.0 Additional Requirements

Storage of Recreational Vehicles and Equipment Signage

Details and Standards

Exhibit “A” // Construction Agreement Exhibit “B” // Design Fee and Site Visit Schedule Exhibit “C” // Fine Schedule Exhibit “D” // Tree Protection Exhibit “E” // Erosion Control - Silt Fence Detail Exhibit “F” // Erosion Control - Construction Entrances Exhibit “G” // Stop Work Order/Citation Exhibit “H” // On-Site Materials Display Board

Forms

Form 1 // Preliminary Conceptual Plan Review Application Form 2 // Final Construction Plan Review Applications Form 3 // Home Improvement Application

All ARC Changes are made in compliance with the Declaration of Protective Covenants for French Broad Crossing, recorded in Book 340 Page 723 in the Madison County, N.C. Registrar of Deeds.

1.0 Introduction 1.01

Objective of the Design Guidelines This document has been prepared by the French Broad Crossing Architectural Review Committee (FBC ARC) for the purpose of promoting the development of a residential community known as French Broad Crossing (the “Development.”) The standards of design expressed in this document are intended to describe our vision of the Development through procedures that are clearly outlined and informative. Our intent is to expedite your process of building an exceptionally high quality residence. Throughout the course of the Development, we may review and revise these Design Guidelines, as necessary to reflect changing conditions. The most current version of the Guidelines are available on electronic media, and are made available to every Owner and builder as they are going through the ARC process.

1.02

Relationship to Legal Documents These Architectural and Site Design Guidelines are supplementary to the Declaration of Protective Covenants for French Broad Crossing, recorded in the Madison County, NC public records. The criteria are intended to complement the Covenants and should a conflict arise, the Covenants shall prevail. Capitalized terms that are used in this document that are not defined herein, are to be given the definition provided to them in the Covenants.

1.03

Community Master Plan French Broad Crossing is a Master Planned Conservation Community that includes approximately 750 acres.

It is the intent of the developer to preserve the natural features of the lot through the use of conservation easements. Consequently, these Design Guidelines will also reflect that sensitivity in its approach toward the design review and construction of residences within the Development.

2.0 Organization and Responsibilities of the Architectural Review Committee (ARC) 2.01

Mission and Function The Covenants state that no structure is to be erected in the Development without first being approved by the Architectural Review Committee. The ARC works with the Design Guidelines and Covenants to assure an attractive, compatible, and aesthetically pleasing community. The Design Guidelines are used by the ARC for the evaluation of projects submitted to them. The final decision of the ARC may be based on purely aesthetic considerations. It is important to note that these opinions are subjective and may vary as committee members change over time. The developer reserves the right to revise and update the Design Guidelines as well as the performance and quality standards to respond to future changes.

2.02 Membership The ARC is comprised of 3 members appointed by the Board of Directors (the “Board”) of the Development’s Home Owners’ Association, French Broad Crossing Homeowners Association, Inc. (“the Association”).

A member of the ARC will chair the committee.

2.03

Scope of Responsibility The ARC has the following responsibilities: • • •

Evaluating each of the plans submitted by an Owner for adherence to the Design Guidelines and compatibility of the design with the adjoining sites and common spaces.

Approving all new construction.

Monitoring the design and construction process in order to ensure conformance with the Covenants and Design Guidelines.

• • •

Enforcing the Design Guidelines through special assessment or self-help as described in these Design Guidelines.

Interpreting the Covenants and Design Guidelines at the request of the Owners.

Approving all modifications to existing structures, including but not limited to: walls, fences, exterior painting, material replacements, window tinting, renovations, additions, play structures and landscaping.

2.04

Enforcement Powers Any structure or improvement that is placed on any home site without ARC approval is considered to be in violation of these Design Guidelines and the Covenants. The ARC has the power to request that the nonconforming structure be brought into compliance at the Owner’s expense. Should the Owner fail to comply with the requests of the ARC, the ARC will act in accordance with the Covenants to bring the non-conforming item into compliance.

2.05

Limitation of Liability Approval by the ARC does not constitute a representation of warranty as to the quality, fitness, or suitability of the design or materials specified in the plans. Owners should work with their architect and/or contractor to determine whether the design and materials are appropriate for their intended use. In addition, approval by the ARC does not assure approval by any governmental agencies that require permits for construction. Owners are responsible for obtaining or ensuring that their architect or contractor obtains required permits before commencement of construction. The Declarant, the Association, the Board, any committee, or member of any of the foregoing shall not be held liable for any injury, damages, or loss arising out of the manner or quality of approved construction on, or modifications to, any home site. In all matters, the committees and their members shall be defended and indemnified by the Association as provided in the Covenants.

3.0 Architectural Review Process 3.01 Overview The Architectural Review Process for new home construction and/or other prominent structures consists of (1) an optional Preliminary Concept Review, (2) a Plan Review and (3) specified on-site Construction Reviews to verify that the actual construction is in conformance with the approved final construction Plans. If multiple structures are planned, plans for every structure must be submitted concurrently at the beginning of the review process. The Architectural Review Process nears conclusion after the construction of all structures is completed, including all proposed and required landscaping, and the ARC makes its Final Review, and site visit. If the project is in compliance with the previously approved Plans, the ARC shall send the Owner a formal letter, and the process is concluded. If the project is found to be incomplete or is not in compliance with the approved Plans, the ARC will take whatever action it deems necessary, including the imposition of fines, to ensure completion and/or compliance of the project. Those powers and remedies set forth in Section 10.1 of the Covenants also shall be available to the ARC to enforce this Section 3.

3.02

ARC Design Review Meetings The ARC shall meet on an as-needed basis to review submitted design plans. A property owner must be completely up-to-date on all dues, fees, and assessment payments before the ARC meets to approve construction plans. All plans to be considered at that meeting must be submitted to the ARC, with the appropriate form found at the back of these Design Guidelines and the appropriate design fee listed on Exhibit “B” attached hereto, at least 7 days prior to the scheduled meeting. The ARC may participate in unscheduled reviews when circumstances warrant such action; however, the Owner or his authorized agent (the “Applicant”) must pay an additional review fee for the unscheduled review. In addition, the ARC may request an on-site meeting with the Applicant when circumstances warrant such. Please submit applications to the following address:

French Broad Crossing Architectural Review Committee 7265 Highway 25-70 Marshall, North Carolina 28753 Toll Free: 866-449-0023 Fax: 828-649-1603 3.03

Design Review Fees and Site Visit Schedule Design review fees and site visit schedule are established and published by the ARC, and can be found on Exhibit “B” attached hereto. The correct fee must be submitted with all applications. The purpose of these fees is to cover all expenses related to the processing of applications. Submissions received without the design review fee will be considered incomplete, and returned to the Applicant without ARC review. The ARC reserves the right to change these design review fees at any time without notice.

The ARC will require a minimum of five (5) site visits, at specific intervals, during the duration of the construction process. It will be the responsibility of the builder to contact the ARC to inform them when a stage is complete so a site visit can be scheduled. ARC site visits are not a part of, and do not replace, the Madison County inspection process (see Section 4.03). The site visits are required as follows, with the builder being required to be present at all visits. If the builder misses a visit and does not inform the ARC of a completion of a stage of construction, they will be subject to fines removed from the construction bond as seen in the fine schedule attached as Exhibit “C”.

• • • • •

First site visit to be done prior to grading of driveway and any site clearing.

Second site visit to be done prior to the pouring of the footers, after the initial grading has been done.

Third site visit to be done after the home has been dried in, prior to any interior work.

Fourth site visit to be done after the home is mostly complete and before any tree clearing or landscape work has been done.

Fifth site visit to be done when all work is completed and must be done before any construction bond is returned.

The ARC, through the TPC office, will notify the Owner promptly of the results of each site visit.

3.04

Preliminary Concept Review/ARC Meeting (Optional) This first and optional step in the Architectural Review Process gives the Owner the opportunity to present his/ her conceptual design ideas to the ARC on paper. The purpose of the Preliminary Concept Review is twofold: 1) to give the Owner an opportunity to obtain ARC pre-approval prior to purchasing actual plans; and 2) to allow the Owner and the ARC to work together to arrive at an approved design that complies with the Design Guidelines and the Covenants. The Preliminary Concept Review will not authorize any land clearing or construction prior to completion of the Final Construction Plan Review.

To initiate a Preliminary Conceptual Review, the Applicant must submit Form 1 attached hereto in the Form Section, the required fees as found in Exhibit “B” attached, a schematic site survey and plan, the preliminary architectural plans and the architect’s contact information. Due to the high probability of changes and revisions being made during this initial step, it is strongly recommended that these preliminary plans be rough drawings, although to scale, and not final construction drawings. The ARC will review these plans for design and technical issues and may approve, approve with conditions, or reject the plans.

3.05

Final Construction Plan Review/ARC Meeting After receiving Preliminary Plan Review acceptance, Applicants may direct their Architects or builder to proceed with the final Plans. When completed, Applicants must submit the Final Construction Plan Review

Application (Form 2), along with the required fee found in Exhibit “B” attached, and 2 sets of those documents delineated in Section 5. If the required fee or any of the required documents are absent or incomplete, the ARC will not be able to conduct this phase of the review process, and will return all submitted items to the Applicant with a letter detailing the absent required exhibit(s).

Once the ARC receives a complete submission, a decision must be rendered within 30 days of its receipt. If the ARC approves the proposed final Plans, the Applicant will be sent a letter of approval, and may then schedule his Contractor(s) to begin grading. If the proposed Plans are not approved, a letter will be sent to the Applicant within 30 days of receipt of the submittal stating the reasons for disapproval. Once each reason for disapproval is addressed and all required changes are made to the Plans and/or color and materials samples, the Applicant may resubmit to the ARC for review.

NOTE: Notwithstanding anything in the Covenants to the contrary, the failure of the ARC to issue any of the letters described in this Section 3.05 within the 30-day time period described herein shall NOT constitute approval of the proposed final Plans. No grading, tree or shrub removal or construction, except that which is required for the County Health Department survey and proposed septic system location inspection, will be allowed until AFTER approval of the Plans is granted by the ARC as evidenced by the Certificate of Plan Approval.

3.06

Construction Reviews After receiving the Certificate of Plan Approval and before grading/construction has commenced, the ARC or its designee will make the following scheduled and non-scheduled reviews to ensure that the work performed is in compliance with the approved plans: 1. After conceptual plan approval, the builder should schedule a meeting with the Preserve Communities Office FBC ARC Coordinator. At this time the Construction Agreement (Exhibit “A”) will be executed between the builder and French Broad Crossing, with a counterpart signature required by the owner if he/ she is not present. The builder is required pursuant to Section 4.02 to post a $5,000 refundable construction bond deposit, and also a $5,000 non-refundable road impact fee (Section 4.03). Once the final construction plan review is received and certified as complete by the ARC Coordinator, the ARC will meet with the builder at the home site. The driveway, house site and trees to be cleared must be marked. After the meeting, you should receive the French Broad Crossing Letter of Approval.

2. Unscheduled Reviews: Random, periodic reviews of the construction site by an ARC representative for compliance with these Design Guidelines may take place without prior notice.

3. Final Construction Review and Site Visit: After completion of the construction project, the Owner, Architect or Contractor must contact the ARC to schedule its Final Review and site visit. Before notifying the ARC to schedule its Final Construction Review and site visit, owners must make sure the following requirements have been met: • • • • • •

Completion of all construction and exterior painting/staining.

Installation of landscaping, or a date for completion (if seasonal weather is not permitting).

Removal of dumpster, portable toilet, other temporary facilities, temporary utility pole and all other construction related materials and/or debris.

Repair of any damage to right-of-way, common areas and adjacent areas caused during construction.

Repair of any damage to the roadway, including structural or scarring, pavement stains, concrete spills, and replanting of grass or other damaged plants.

A copy of the ‘as built’ plans detailing actual location of the septic tank and system to be submitted to the ARC.

Failure to contact the ARC for any of the above scheduled reviews, and any non-compliance of these Design Guidelines discovered during the scheduled reviews or periodic, unscheduled reviews, will result in a Stop Work Order/Citation (Exhibit “G”) being issued. A Stop Work Order/Citation notice will be posted on the Lot and

a copy sent to the Owner describing the violation(s). No further construction work will proceed, until such time as the non-compliance has been corrected and verified by the ARC. When the violation(s) is corrected, the Owner, Architect or Contractor is required to contact the ARC to arrange a review to confirm compliance.

Upon confirmation of compliance, the ARC will remove the Stop Work Order/Citation and notify the Owner of the approval to proceed with the construction project. If violation(s) are not corrected in a timely manner or if violations re-occur during the construction project, the Owner may be assessed fines and be subject to further action being taken by the ARC as permitted in Section 10.1 of the Covenants.

3.07

Field Changes Changes of any kind to the approved final Plan documents are not allowed without prior approval from the ARC. The ARC realizes that circumstances arise from time to time during construction that requires a change to the originally approved plans. If such a circumstance arises, the ARC will expedite a change-request as quickly as possible. The required review fee as set forth on Exhibit “B” attached hereto must accompany such change requests. If changes are made without prior approval by the ARC, the Applicant may be assessed a fine and could be required to modify the construction to comply with the originally approved plans at the expense of the Applicant.

3.08

Completion Deadline All construction must be completed and a Final Construction Review and site visit made by the ARC within 12 months from the commencement of Lot clearing. Exceptions to this may be granted where such completion is impossible, when continuation would result in great hardship to the Owner or the Builder due to strikes, fires, national emergency or natural calamities. If an extension to the 12-month period is needed, the Applicant must submit to the ARC a written extension request which states the reason(s) for the delay and includes a projected completion date. ARC approval for the extension shall not be unreasonably withheld.

Failure to complete the construction project within the completion deadline, including any extensions granted by the ARC, constitutes a violation of these Design Guidelines. The ARC will pursue whatever action it deems necessary to ensure the completion of the construction project in a timely manner, including, but not limited to the imposition of special assessments, self-help measures, or other enforcement rights as set forth in the Covenants.

If no work commences within 6 months of the issuance of the Letter of Plan Approval, the approval status will be rescinded, the plans will be considered disapproved and the Applicant will be required to return the Lot to its original condition as much as possible. If the Applicant wishes to pursue the project after the approval has been rescinded, a new application along with 2 sets of plans must be submitted for review.

3.09

Alterations to Existing Structures Changes to existing structures require approval of the ARC. The extent of the alterations will determine whether approval requires a formal meeting of the ARC, with appropriate fees (see Exhibit B). The ARC reserves the right to set the amount of the Alteration Compliance Bond as necessary to cover the scope of work.

Minor alterations include any changes to the exterior detail of an existing structure, such as (but not limited to) changing exterior colors or materials of the home or roof. Paint and material samples must be submitted to the ARC, and identified as to their proposed location.

Major alterations involve all structural changes, including modifications or additions, to the existing structure.

The ARC will need to review builder- level plans which show construction details. General process guidance as shown in Section 3.05 applies.

3.10

Timeline The ARC has a maximum of 30 days from the date a request is received to render a decision. Owners will be notified in writing of the ARC’s decision.

Once approved, owners have a maximum of 90 days to complete the proposed alterations. If construction of any kind begins prior to ARC approval, the owner may be required to return the lot to its original condition, and/or be assessed fines.

3.11

Appeal Process In the event of any dispute regarding an ARC decision during the Architectural Review Process, the Applicant may appeal the ARC’s decision by filing an appeal with the Board within 15 days from the date of the written disapproval notice from the ARC. The Board shall consider the appeal by hearing evidence from both sides presented at the hearing. The Board will render its written decision within 10 days of the hearing. All Board decisions are final.

3.12

Variances/Extensions of Time Upon the written request of the Applicant, the ARC shall have the right and privilege to permit any Applicant to deviate from any of the Design Guidelines and to grant any extension of time, provided that such a deviation and/or extension is necessary, in the opinion of the ARC, to carry out the general purposes of the Declaration and/or the Design Guidelines. Any such permission shall be in writing and shall not constitute a waiver of the ARC’s power of enforcement with respect to any of the architectural controls as to any other of the covered Lot. Notwithstanding anything in the Covenants to the contrary, the absence of written approval of the variance and/ or extension from the ARC within a 30-day time period shall NOT constitute ARC approval of the variance.

3.13 Enforcement/Fines Failure to adhere to these Design Guidelines during any portion of the Architectural Review Process and construction project, or at any other time, could result in action being taken by the ARC, which may include the imposition of fines, and/or other legal action as described in Sections 5.4 and 10.1 of the Covenants. All fines are set forth in Exhibit “C” attached hereto and constitute a lien upon the Lot. Additionally, if the nonconforming act is not rectified in the timeframe specified with the issuance of the fine, the ARC will take whatever action it deems necessary to bring the Lot into compliance and to recuperate all costs involved in taking such action. In the event that there is a conflict between the fines listed in the various sections of these Guidelines and those fines set forth in Exhibit “C”, those fines set forth in Exhibit “C” shall control.

4.0 The Construction Process 4.01

Construction Time Limit The construction of all dwellings and other structures on a Lot must be completed within 12 months from the date of Lot clearing in accordance with Section 3.08 of this document, and Section 5.4 of the Covenants.

Land clearing, excavation, well drilling, and concrete pouring will not be allowed between December 1st and March 31st. This will minimize damage to roads, caused by the combination of heavy equipment and winter weather. All requests for exception can only be approved by the ARC.

4.02

Construction Compliance Bond The builder must post a refundable Construction Compliance Bond of $5,000, and execute the Construction Agreement (Exhibit “A”) along with owner before receiving approval for construction. The ARC will not accept payment from Home Owners for the Construction Compliance Bond. Should the builder accrue any fines during the prosecution of the Project, the amount of the fine will be deducted from the Construction Compliance Bond. The builder will then be required to replenish the amount deducted from the Construction Compliance Bond within fifteen days of incurring the fine. Those powers and remedies set forth in Section 10.1 of the Covenants shall be available to the ARC to enforce this.

4.03

Road Impact Fee A non-refundable $5,000 road impact fee will be assessed and collected from the builder at the time the

ARB meets.

4.04

Building Codes All construction must comply with state and local building codes, fire codes, electric and plumbing codes.

Compliance is the responsibility of the Owner/Contractor, and they shall be responsible for obtaining all required permits and approvals. ARC approval and reviews are separate and independent of government inspections.

The basis for the ARC’s approval of plans and materials is aesthetics and not engineering design. By approving submitted plans and materials, the ARC, Association Board and Association assume no liability or responsibility for any defect in any structure constructed from such plans and its specifications, as further elaborated in Section 2.05 of these Guidelines.

4.05

Temporary Sanitation Facilities and Dumpster A temporary sanitation facility will be required for each job site and situated so as not to visually impact adjacent lot owners or site visitors. Temporary sanitation facilities shall be serviced weekly. Also, a commercial dumpster will be placed on site and emptied as necessary so as not to overflow.

4.06

Tree Protection As mentioned in the introduction, one of the primary roles of these Design Guidelines is the preservation of the lot’s existing natural features. Because of this role, tree removal outside of the Home Site Area is subject to review and approval by the ARC. Section 5.15 of the Covenants addresses the removal of trees outside the Home Site Area and the definition of the Home Site Area is further defined as follows: that area within 25’ of the building footprint, including porches and decks, or within 12’ of the edge of a driveway, or within 4’ of the centerline of a utility trench. The area outside of the Home Site Area shall be referred to herein as the “Tree-Save Area.” Each applicant must submit a tree survey, and flag trees to be removed prior to commencing construction. Please see Exhibit “D” attached hereto for tree protection details. Tree protection requirements are as follows: • •

Protective fencing shall be installed at the drip line prior to any clearing, site work, or construction activity.

The barricade shall be constructed of suitable posts extending a minimum of 4 feet above grade. Posts shall be spaced appropriately and shall be joined continuously by orange plastic mesh fencing.

• The barricade shall remain in place and in good condition for the duration of the construction activity, and shall be the last item removed from the site during final cleanup.

• Storage of equipment or materials, including topsoil, temporary or otherwise, is not permitted under the drip line of trees.

• No signs shall be nailed to trees.

• No controlled fires will be allowed in the Development.

• No concrete wash-out shall be allowed in a Tree-Save Area.

• No petroleum-based products or other potentially hazardous or toxic substances (i.e., solvents, oil, paints, cleaning products, etc.) may be disposed of underneath any Tree-Save Area.

• All trees shall be maintained, cared for and repaired in the event of damage by builders until the lot is transferred by lease or sale to a third party.

• If trees designated for preservation are cleared or removed during construction, the builder shall be subject to a fine of $1,000 for each tree removed. In addition, replacement trees may be required. The replacement trees shall be of the same species and a replacement rate of 0.5 calipers for every caliper removed. For example, if three 8” caliper (24” total caliper) trees are removed, they shall be replaced by 12” total caliper (24”x 0.5) of replacement material.

Failure to follow any of the tree protection standards listed above will result in a fine of $200 per incident.

Utility trenches shall not pass within the drip-line of any tree over 6” in calipers (diameter) unless such tress (or existing vegetation) has been marked as “to be removed” on preliminary site plan(s), as approved by the ARC. Backfilling over the roots of any tree to be saved within the drip-line of such trees (or existing vegetation) shall not be permitted. Septic system design, location and method of installation have a significant impact on native vegetation. Care should be taken in designing the house and positioning it on your Lot, so that such designs are coordinated with Madison County Health Department septic system design and location. For example, position the house and major views to take advantage of required septic clearing. On some sites (extremely steep, too steep for a “machine dug” system) and in some instances (extraordinary existing vegetation), Owners and their architects may consider “hand-dug” systems which greatly reduce the amount of clearing required.

Owners and their architects may wish to consider using retaining walls to reduce cleared areas. No retaining wall should be installed within the drip-line of existing trees. Note: retaining walls over 6’ in height require the seal of a licensed structural engineer.

4.07

Erosion Control The Development is required by the State of North Carolina to maintain high water quality standards within the Development. For this reason, an erosion control plan is mandatory for all home sites. The following erosion control measures shall be followed on all job sites.

• • • • • •

Type “C” silt fence shall be installed on the lower portion of the disturbed area, as per the detail provided in Exhibit “E” of these Design Guidelines. The builder will be responsible for removal of all silt fencing and temporary erosion control measures when construction is complete.

A rocked/gravel construction entrance shall be established at the time of initial clearing and grading, and maintained until a permanent drive has been installed, as per the detail provided in Exhibit “F” of these Design Guidelines.

All roof drains shall be tied to underground piping or other appropriate dispersion methods.

All underground piping shall daylight a minimum of 20 feet from the inside of the lot line.

All disturbed areas must be permanently seeded and stabilized within 10 days of establishing final grade around the house, and the contractor must install temporary seeding and mulching on all disturbed areas when no land-disturbing work is being accomplished on site (i.e., grading).

All drainage shall be routed to avoid damage or erosion on adjacent properties and/or the conservation lands and open water courses, dry creek beds, etc.

Furthermore, erosion control measures submitted to the ARC shall be maintained by the builder during construction. Failure to properly maintain erosion control measures may result in a fine of $500. Each offense thereafter may also incur a $2,000 fine. In addition, multiple offenders will reimburse the Development or Association for any costs incurred in bringing job site erosion control measures into compliance, as well as for repairing any damage to adjacent properties due to a lack of maintenance. The Association reserves the right to inspect and require modifications/corrections to existing drainage systems adversely affecting adjacent properties and/or easements.

4.08

Site Maintenance Contractors and subcontractors must maintain the job site in a clean and orderly condition and follow the rules set forth below: • No fires are allowed on construction sites. No petroleum-based products or other potentially hazardous or toxic substances (i.e., solvents, oil, paints, cleaning products, etc.) may be disposed of on any lot or any drainage ditch, stream, or lake.

• No materials may be stored or placed in the streets, swale, right-of-way, or natural areas, or within the dripline of trees.

• • • • • •

•

Construction materials, materials to be discarded, equipment or vehicles shall not be placed in a designated tree-save area.

Only usable construction materials may be stored on a construction site. They must be neatly stacked or placed in a way that they are not visible from adjacent sites.

All wrapping, packaging materials and food containers must be placed in a covered/enclosed “bear-proof ” trash receptacle to prevent debris from blowing onto adjacent lots.

Cigarette butts shall be disposed of in a trash receptacle. No cigarette butts should be found on the lot or surrounding property.

Discarded construction materials, debris and trash must be contained within a dumpster or solid-walled trash enclosure.

Dumpsters, debris bins and other trash receptacles shall not exceed capacity. Please schedule prompt pick-up for bins and receptacles exceeding 75% of capacity to avoid overflow. Care shall be exercised in the storage of materials and debris. Should it become necessary for the Association to clean a site or have a site cleaned, the cost will be deducted from the Construction Compliance Bond.

The builder may erect a temporary gate for the purpose of securing tools and materials. The gate must be on the building site, and must be removed promptly upon completion of the job. All traces of the gate must be removed.

4.09

Construction Parking Limitations Construction parking on any internal street is limited to trade vehicles and deliveries only. Personal vehicles should be parked on the job site. Construction trailers must be approved by the ARC and parked on the job site so as not to obstruct traffic. Contractors should use discretion in all other areas of the Development, and make a serious effort to avoid dangerous traffic congestion.

4.10

Right to Enter and Inspect Lot for Compliance The right of entry and inspection of all or any portion of the Owner’s lot during the Construction Stage for verifying compliance with the requirements of these Design Guidelines is specifically reserved by the ARC, its agents, and representatives. A representative of the ARC will make periodic inspections during the entire construction period. The Owner will be notified in writing, with a copy to the architect/designer and general contractor, of any items and exceptions noted in the inspection report. All such items and exceptions must be completed or resolved by the next meeting of the ARC.

4.11

Conduct of Workers Contractors shall be allowed to work from 7 a.m. to 8 p.m. on Monday - Friday, and 8 a.m. to 5 p.m. on Saturday. Gate codes will only be valid during these times. Work will not be performed on Sundays except for interior trim out, and generator or compressor noise must be contained within the house structure. No work is allowed on the following holidays: Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas and New Year’s Day. No alcohol or drugs are permitted on site. Firearms are prohibited. No harassing, lewd, or loud behavior is permitted. Contractors and workers shall not drive recklessly or at speeds in excess of posted limits.

The roads are narrow, with many blind curves. All personnel must always travel on the correct side of the road.

Workers shall not be allowed to travel the Development unnecessarily or use the amenities in any capacity.

Workers shall not throw trash on the roads.

Any contractor who is in violation of these regulations will be fined in accordance with the Fine Schedule (Exhibit “C”). Additional violations may result in the contractor being denied access to the Development.

4.12

Revisions and Changes during Construction All revisions and changes made during construction shall be submitted in writing to the ARC for approval prior to the implementation of such change. All revised drawings, material and color samples must be submitted along with the revision request and any applicable review fee. The ARC will grant the request in writing. Failure to obtain written approval for any revision during construction will result in fines being deducted from the Construction Compliance Bond.

4.13

Termination/Replacement of Builder The ARC shall receive written notification of any decision by the Owner to terminate or replace a builder during construction. Before commencing with construction, the new builder shall post a $5,000 Construction Compliance Bond. Once this deposit is received, the ARC will refund the remaining Construction Compliance Bond to the builder who was terminated. In addition, the new builder shall remove the terminated builder’s sign on the home site, and replace it with a sign bearing the new builder’s information.

4.14

Return of Construction Compliance Bond When all construction is complete, including landscaping, the builder will request a final inspection site visit by the ARC. At this time, a member of the ARC will inspect the Project for compliance with the approved plans. If the site is in compliance, the ARC representative will return the Construction Compliance Bond and provide the builder with a letter stating that the Project is in compliance with the approved Plan. If the site is not in compliance, the ARC will submit a letter stating all deviations from the approved Plan to the builder. The builder must then submit a revised plan and/or survey showing deviations from the approved plans. A copy of this correspondence will be sent to the Owner.

Note: Any unapproved deviation from approved Plans may result in fines or other measures described in the Covenants.

5.0 Specific Plan Submission Requirements Plan Submission Requirements for Design Review The following submission requirements must be met prior to obtaining ARC final approval of your Plans: 1. Existing Conditions – minimum scale 1” = 10’ Must include the following information: 1. Owner’s name 2. Designer’s name 3. North Arrow and scale 4. Lot lines with dimensions and bearings 5. Setback lines 6. Wetland lines 7. Easement lines 8. Existing two-foot contour lines – new grades and drainage 9. Existing trees 6” and greater in caliper – trees to be removed 10. Adjacent street names – silt fence location 11. Existing Utility structures 12. Adjacent Homes or facilities 2. Site Plan - minimum scale 1” = 10’ Must include the following information (may be added to the existing conditions map): 1. Proposed location of home 2. Dimensions from corner of foundation to adjacent lot lines 3. Proposed driveway and walks 4. Spot elevations on corners of driveway and walk (with flow arrows showing drainage) 5. All dimensions and materials called out

6. Proposed fences 7. Proposed retaining walls (indicate wall material, top-of-wall and bottom-of-wall elevation) 8. Proposed in-ground pool or spa location 9. Location/materials finish of all outdoor living spaces (patios, decks and terraces) 10. Proposed accessory structures (outbuilding, trellis, etc) 11. Finish Floor Elevation (FFE) of first floor and garage and lower level 12. Proposed two-foot contour lines 13. Drain locations, sizes, flow direction, and invert elevation, drainage retention and control septic and drain field 14. Location of service area and service area screen wall 15. Location of all silt fencing and any erosion control structures 16. Location of underground LP tank 17. Total impervious area (cannot exceed 6,500 square feet) 18. Impervious area as a percentage of the home site 19. The driveway is required to provide room for a vehicle to turn around.

20. A minimum 15” culvert is required at all driveway-to-street connections. Native stone bulkheads shall cover exposed portion of culverts 21. Trees to be removed 3. Architectural Plans - minimum scale 1/4” = 1’ A. FLOOR PLANS 1.

2.

3.

4.

5.

6.

Interior rooms dimensioned and named Engineer’s foundation plan and details All window and door openings shown Roof overhang with a dashed line Heated square footage of structure (as defined in Section 6.03) Total square footage of structure and of each level

B. BUILDING ELEVATIONS 1.

2.

3.

4.

5.

6.

7.

8.

Front, rear and two side elevations All elevations labeled so they correspond with site plan Finish grade line shown against house All materials and finishes called out Fascia, trim and handrail details All decks and terraces shown Service area screen wall details Building height from street, lowest grade, highest grade.

4. Landscape Plans - minimum scale 1 “ = 10’ (see Section 11.01) 1.

2.

3.

4.

5.

Owner’s name Designer’s name, address, telephone and fax number North Arrow and scale Property lines with dimensions and bearings Location of all existing trees over 6” in diameter

6. Identify trees to be removed 7. Location of all structures (including decks, trellises, fences, gazebos, etc.), pavement, and utilities 8. Additional drainage requirements not indicated on the submitted site plan 9. Location of all proposed plant material 10. Any and all disturbed areas surrounding the house site will be seeded or mulched (using bark or pine needles) 11. Appropriate plant materials will be installed around the foundation of the home and in peripheral areas. The use of native species with a high degree of quality in plant material is strongly encouraged.

Use of exotic/invasive species is prohibited (Bamboo, Bittersweet, English Ivy, Wisteria (non-native), Miscanthus, etc.

12. A list of plant materials with quantities, botanical names, common names, sizes and specifications and a landscape design will be submitted to the ARC for review prior to the completion of construction of the home. Focus should be made to include native plantings.

13. Location and specifications of all exterior lighting fixtures. All exterior lighting fixtures will be required to have down lighting.

5. Material Samples Material samples will be affixed on a display board erected on the job site. See Exhibit “H� for specific guidance.

1. Siding material (stone sample and mortar colors, if applicable) 2. Roofing cut sheet 3. Garage door type and color 4. Front door type and color 5. Window cut sheet 6. Site lighting 7. Color samples 8. Body color 9. Trim color

6.0 Architectural Design Guidelines 6.01

General Standards Homes must be designed in conformity with the standards, requirements and guidelines set forth in these Design Guidelines. All footprints and garages must be sited within the setbacks. Plans submitted for review, or any portion thereof, may be disapproved upon any grounds that are inconsistent with the purpose and objectives of the ARC, including purely aesthetic considerations.

6.02

Modular Construction No modular construction components shall be placed, erected, constructed or permitted within the Development. Pre-fabricated accessory structures, such as sheds and gazebos, also must be reviewed and approved by the ARC prior to their erection.

6.03

Dwelling Size/Minimum Standards Minimum square footage shall be defined as a heated floor space. Heated floor space does not include garages, covered walks, and/or porches. The minimum square footage allowed is 1,500 square feet, although exceptions may be granted by the ARC pertaining to clustered cottages, as outlined in section 6.05 below. Maximum square footage will be dictated by the ARC, based on lot size and configuration. If multiple structures are planned, plans for every structure must be submitted concurrently at the beginning of the review process. In all cases, maximum impervious area shall not exceed 6,500 sq. ft. The ARC will pay particular attention to site conditions and the effective use of decks, porches, garages, and other elements of design that would result

in a substantial appearance that conforms to the existing architectural aesthetic. The ARC may disapprove of plans solely on the grounds that the proposed square footage is inappropriate for the site or inconsistent with the general architectural and aesthetic standards of the Development.

6.04

Setback Requirements The principal residential building shall be located no less than 30 feet from any and all lot boundary lines, unless a waiver of the setback requirement is granted by the ARC. Any and all additional dimensional requirements shall be as set forth in the Madison County Zoning Ordinance. No clearing within 20’ of lot line is permitted.

6.05

Cottage Cluster Areas Cottage Cluster Areas are permissible by the ARC on developer-owned designated areas. Cottage Cluster areas shall be reviewed individually and may allow for variances on square footage, setbacks, and vehicular requirements. These areas allow for greater density in areas adjacent to amenities and on property suitable for “Cluster Style Development.” This is in keeping with sustainable design practices and Best Management Practices of conservation-based development.

6.06

Height Requirements Building height requirements shall be as set forth in Section 5.3 of the Covenants. Buildings shall not exceed 35’ in average height (not including chimney[s]) measured at building foundation/footprint at 25’ on center and at all corners and then average. This measurement is to the highest / closest roof height.

6.07

Approved Exterior Siding Material 1. The following exterior siding materials may receive ARC approval subject to all other design and style considerations reviewed by the ARC: 1.

2.

3.

4.

5.

6.

Three (3) coat architectural stucco Cedar Shakes Horizontal Wood Siding Stone HardiePlank or approved equal Vertical Board & Batten

2. The following exterior siding materials will not receive ARC approval: 1.

2.

3.

4.

Vinyl Siding/fascia and soffit Vinyl Shakes Brick No mirror or reflective glazing (glass) is permitted.

6.08 Roofs Approved roof materials shall consist of the following subject to all other design and style considerations reviewed by the ARC: 1.

2.

3.

4.

5.

25-year or better dimensional fiberglass shingles Cedar shakes Slate Synthetic slate Standing-seam metal

6.09 Chimneys Chimney finishes are restricted to brick, rock/stone, dry stack, stucco, or cultured stone. No exterior metal fireboxes are allowed unless encased in masonry surrounds. No metal rain pans or flue tops shall be permitted without a surrounding shroud.

6.10

House Identification Traditional Arabic metallic and/or wooden house numbers are approved for the purpose of identifying the house. The ARC reserves the right to approve or deny the use of any house numbering that detracts from the appearance of the home.

6.11 Doors Exterior doors shall be appropriate to the architectural theme. Storm and screen doors are not permitted unless they are of the appearance of a typical exterior door. All storm and screen doors shall be approved by the ARC. 6.12

Windows and Solar Panels Windows are restricted to single-hung or double-hung (6 over 6, 9 over 9, etc.), as well as casement windows and transoms. The use of exterior snap-in grilles and storm windows are not permitted. Exterior window screens will be gray. Use of glass block shall be reviewed on a case-by-case basis. Skylights and/or roof windows on the street side elevations of the home are subject to ARC approval. Dormer windows must also maintain an alignment balance with the home. If “simulated divided light windows� are specified, they shall be internal space-bar, internal and external grid type. Casement windows and transoms are encouraged.

Solar panels and their placement are subject to ARC approval.

6.13

Decks and Patios Detailing of all patios and decks must be architecturally compatible with the home. Patios and decks shall be designed to serve as an extension of the house. If possible, decks should be designed where views of the underside of the deck are hidden from visitors on the site or common areas (roads, etc.). If unavoidable, decks should be waterproof with soffits. Posts should be over-sized for architectural appropriateness. Posts that are smaller than 6 x 6 are not permitted. Posts that are 6x6 are subject to approval by the ARC, based on architectural scale and height and weight loads on the structure on a case by case basis. All posts larger than 6x6 are permissible. The use of composite deck railing and decking must be approved by the ARC. Porch screen colors must be submitted to the ARC for approval.

6.14

Awnings and Shutters Awnings and canopies shall not be affixed to the exterior of the residence without written ARC approval.

Exterior shutters shall be used consistently on all windows.

6.15

Gutters and Downspouts Gutters and downspouts, and French drains in certain situations, shall be required for all homes. Downspouts should be connected to an underground pipe which daylights a minimum of 20 feet from the lot line.

6.16

Radon Mitigation As of the date of this document, five already-constructed homes in FBC have been tested for radon levels. All five have exceeded the maximum allowable concentration, and active radon mitigation measures have had to be installed post-construction. The ARC highly recommends that a radon mitigation system with a blower be installed in every new home during the construction process.

7.0 Site Requirements: Utilities 7.01

Service Area Each home is required to have an enclosed service area. The service area shall contain all utility connections, HVAC units, grinder pump control box, trash bins, electrical meter, irrigation control boxes, and will screen the aforementioned from view from the street and neighboring Lots. The location of the service area shall be shown on the architectural and site drawings. The service area shall be screened with landscaping or a wall that is architecturally compatible with the house. Treated or vinyl lattice shall not be allowed to screen a service yard.

In addition, the screen wall shall be planted with shrubs.

7.02

Liquid Propane Homes may be equipped with propane gas appliances. Tanks of 500 gallon capacity or greater must be buried, and must be encased so the tank storage area is covered from view. Tanks less than 500 gallons must have the tank storage area covered from view by landscaping or other form of shielding.

7.03

Antennas and Satellite Dishes Satellite dishes are permitted within the Development. All satellite dishes shall have a maximum diameter of 18 inches. Subject to FCC OTARD Regulations, satellite dishes shall be mounted behind the front line of the dwelling and in a location not visible from any street. The location of any satellite dish must be submitted to the ARC for approval.

8.0 Site Requirements: Accessory and Decorative Structures 8.01 Outbuildings The location and appearance of outbuildings shall be approved by the ARC prior to construction. Outbuildings shall be architecturally compatible with the home, and similar in color. All outbuildings shall be within the building setback lines. The buildings shall be oriented so that access is indirect and they do not open on to the street.

8.02

Arbors and Trellises Arbors and trellises are permitted. Location, elevations and finishes must be submitted to the ARC for approval prior to beginning construction.

8.03

Fences and Walls Fences and walls must harmonize in character and color with the house. All fences shall be a minimum height of 30� and maximum height of 60�. Fencing of the entire lot is not permitted. Fencing shall be restricted to the rear yard of the home. The ARC reserves the right to approve or require the use of fences along the side yard of the home. Chain link fences are not allowed. The location and materials of all fences and walls shall be submitted on the site plan for approval.

Location and materials used for all retaining walls must be submitted for approval. Retaining walls may be constructed of timber, crossties, stone, or an interlocking wall system (i.e., keystone or an approved equal).

8.04 Flagpoles No in-ground flagpoles will be allowed. One flagpole will be allowed to be displayed from each house. Flags shall not be hung from trees, deck railing, or overhangs.

8.05

Swimming Pools/Hot Tubs/Water Features Any and all proposed swimming pools, hot tubs, fountains, etc., must comply with North Carolina State Law in addition to the ARC Guidelines.

Above-ground swimming pools are prohibited. Bubble covers for below-ground swimming pools are prohibited.

Pools may not be installed on the front or side yard of any home. All plans for swimming pools must be submitted to the ARC for approval.

Outdoor hot tubs are approved. Location of a hot tub shall be shown on the site plan and landscape plan.

8.06 Clothesline There shall be no outdoor clothesline on any home site.

8.07

Tennis Courts Private tennis courts are prohibited.

8.08

Other Structures Any other ancillary structures including, but not limited to, pet enclosures, statuaries and swing sets/play structures are subject to approval of the ARC.

9.0 Site Requirements: Grading And Drainage A proposed grading and drainage plan must be submitted in order to obtain ARC Final Approval. Drainage from your home site must flow to the lowest elevation on your Lot. Drainage shall not flow onto adjacent Lots.

You will be held responsible to repair any adverse affects (i.e., erosion) of improper or excessive storm water runoff. Gutters and downspouts, or other measures for runoff control, shall be required for all homes. Downspouts shall be connected to an underground pipe which daylights on to your lot (minimum 20 feet from nearest lot line.) Erosion control measures - including silt fencing (Exhibit “E�) - shall be installed and maintained by the builder during construction. Failure to construct/ maintain erosion control measures and drainage systems shall result in fines (please refer to Section 4.07 for specific erosion control requirements). The builder will remove all silt fencing at completion of construction.

10.0 Site Requirements: Driveways All driveways shall be constructed to make a minimal impact on the surrounding natural environment and shall be consistent with the general architectural aesthetic standards of the Development. Entry statements used in conjunction with the driveway are subject to ARC approval. The entry must be discreet and reflect the architectural details and materials of other site elements and the home. This element must be set back off the street behind the right-of-way line. All driveways must provide for turnaround space.

11.0 Site Requirements: Landscaping And Lighting 11.01 Landscape Budget and Submission Requirements Generally, your landscaping budget should be 5-10% of your total construction budget. Landscape plans must be submitted within 180 days from the date of the Final Plan Review acceptance. Submission requirements for landscape plans are located in Sections 5.01.4 and are included in the Design Review Checklist.

11.02

Timing of Landscape Installation Given seasonal considerations, all landscape installation should be completed within 45 days of receiving a certificate of occupancy from the County. If this deadline cannot be met, the Owner may request an extension from the ARC in writing. Failure to meet this deadline will result in fines being deducted from the Construction Compliance Bond.

11.03 Lighting Down lighting is encouraged to reduce glare, to better light driveways and paths, and to protect neighboring properties from bright light sources.

Colored lights are prohibited. Spotlights/floodlights are prohibited. Pole lights will be reviewed on a case-bycase basis.

All path and landscape lighting must consist of low voltage lamps. Path and landscape lighting shall have a maximum height of 36”. Landscape lighting must be concealed in daytime.

Holiday lighting and decorations may only be displayed from November 15 to January 5, and must be tastefully done. Temporary ornamental sculpture/structures and all other exterior holiday lights are permitted.

All exterior/landscape lighting fixtures shall be “full cut-off ” down lights. No spots or up lights (of trees, for example) shall be permitted. Care should be taken to avoid night-sky light pollution. The services of a professional landscape lighting designer are encouraged.

12.0 Site Requirements: Impacts On Conservation Property Any encroachment or erection of structures on conservation easement property by homeowners is specifically prohibited. No view-clearing is allowed on conservation property unless (1) a variance is granted by the ARC in a formal written request, and (2) written permission is given by the Southeast Regional Land Conservancy (SERLC) after an assessment is made to the potential impacts to the conservation easement.

If a tree or other obstacle is downed in a trail or a view corridor, and is outside of personal property lines, a member from the Preserve Communities Maintenance team must be notified to remove this blockage. As outlined in section 4.06, trees must be marked for removal, and written approval from the ARC is required before removal begins. If these guidelines are not followed, the homeowner will be subject to the fines outlined in section 4.06 and Exhibit “C.” If property within the conservation easement is disturbed in any way by a property owner, both fines and impact mitigation will be assessed by the ARC and SERLC, and are the responsibility of the property owner to compensate for. In addition, extra time spent by the ARC or any third parties to determine location, size, calipers, and compliance shall be compensated by the homeowners at a fee of $100 per hour.

13.0 Additional Requirements 13.01

Storage of Recreational Vehicles and Equipment No recreational vehicle (RV) or boat shall be permitted to park on the Property unless garaged or completely screened from view from any road or any other lot. For purposes of this Section, a recreational vehicle is defined as a motorized vehicle having sleeping, cooking and/or restroom facilities, or a motorized vehicle exceeding 19 feet in length. No mobile home or house trailer shall be permitted on any lot. All-terrain vehicles (ATVs),

“four wheelers�, and golf carts shall be permitted in certain areas and on certain paths of the Common Areas as designated by the Association; provided, however, (1) if a vehicle is being used recklessly, or negatively impacting the community, the use of said vehicle may be prohibited by the Association, and (2) an impact fee (as set by the Association) shall be paid by the Owner if a negative impact is assessed.

13.02 Signage Except as provided for in North Carolina G.S. 47F-3-121 and Section 6.10 of this document, no signs are permitted on your lot. This includes, but is not limited to, political signs, or any other type of advertising structure.

E X H I BI T “A”

Construction Agreement The Preserve Communities Architectural Review Committee

Contractor Information: Name:

Address:

Phone: Fax:

License #: Email:

Contractor’s Office Location: Address:

Company Owner:

Job Superintendent:

Phone Number(s):

Have you built any homes at any of The Preserve Communities prior to this application?

Yes (if yes, check which community below) The Preserve at Little Pine French Broad Crossing

No

Agreement 1.

Contractor agrees to pay a refundable $5,000 Construction Compliance Bond, and a $5,000 non-refundable Road Impact Fee, at the time of the ARB meeting and prior to the Architectural Review Committee issuing a formal Letter of Approval.

2. Owner and Contractor have read and agree to the terms and provisions of The Preserve Communities and the Architectural and Site Design Guidelines. Failure to comply may result in fines.

3. The project will be completed as described by the drawings and specifications approved by the Architectural Review Committee (ARC).

4. The construction site will be maintained in a clean manner, an approved job sign will be installed, a commercial dumpster and job toilet shall be placed in conformance with ARC Guidelines.

5. Contractor is responsible for the conduct of all workers performing services on this project, at all times working under his direction and supervision.

6. Any fines imposed will be deducted from the Construction Compliance Bond.

7. Any restorative, corrective, enforcement or maintenance efforts expended by ARC on behalf of Contractor shall be payable from the Construction Compliance Bond.

8. All signs on the home site or displayed in the house in such a manner as to be visible from the street are prohibited.

9. Prior to any tree removal, clearing or beginning construction of the building, compliance with setback lines and conformance with pre-approved tree removal plan must be verified to the ARC by a registered land surveyor at Owner’s expense. Any changes from the originally submitted plans and specifications affecting the exterior of the home or its respective site must be approved in writing by the ARC prior to action.

10. Drainage (including road ditches and culvert pipe beneath the construction access road) is to be approved by the ARC. 11. Prior to any clearing, the Lot owner, at his expense, shall install silt fences and erosion control measures.

12. No burning is permitted on the site. Developer may burn at his/her discretion.

13. Any change from approved outside colors and/or outside lighting is to be approved by the ARC in writing.

14. Stumps, wood or other materials shall not be dumped on adjacent lots. Clean up surrounding lots for trash weekly during construction.

15. No construction worker’s vehicle, supplier vehicles or building materials are permitted in the right-of-way without special permission of the ARC. Both traffic lanes are to be open at all times. If the ARC approves the parking of vehicles on the shoulder of the road, contractor is responsible for placing “MEN WORKING” signs on the road so that drivers traveling in either direction on the road are adequately warned. The signs are to be provided by Contractor.

16. All lots shall have a drainage ditch established by builder along the front of the property line to allow water from road to drain off of rightof-way. No lot will be allowed to slope toward road without drainage ditch installed. Contractor shall make provision to prevent the above normal rainwater, mud or silt from affecting abutting properties.

17. Any dogs or pets brought to the job site shall not be allowed to roam outside the property boundaries.

18. The speed limit is 20 miles per hour and shall be strictly enforced. All provisions of Section 4.11 must be adhered to.

19. Construction vehicles shall not block roadways or mailboxes. Neighboring driveways may not be used for parking or turn-around.

20. Mud on the roadways shall be minimized at all times. Failure to control mud and mud build-up on roads is grounds for fines and/or ARC ordered clean-up at Owner’s expense.

21. Construction shall conform to the latest requirements of the North Carolina State Building Code, North Carolina Plumbing Code, the National Electric Code and pertinent local codes. Each contractor or subcontractor is responsible for ensuring work meets such requirements and obtaining all approvals.

22. It is understood and agreed to by both Owner and Contractor that failure on the part of either of them to comply with the terms and provisions in any part to The Preserve Communities ARC and/or Architectural and Site Design Guidelines may result in a cease-anddesist order or fine against them by The Preserve Communities. Such fines are not limited to the Construction Compliance Bond amount.

23. It is understood that the ARC has the authority to bar or restrict any Builder, Contractor, or Subcontractor from entering any of The Preserve Communities’ properties or constructing any building or improvement in any of the communities.

24. Construction must be completed within 12 months of commencement, unless a variance is granted by the ARC. Failure to complete within the specified time frame may result in forfeiture of the Construction Compliance Bond.

25. The contractor is required to notify the ARC pursuant the schedule of site visits as established in section 3.03 of the ARC guidelines, failure to notify and comply with scheduled site visits will result in a fine taken from the Construction Compliance Bond.

26. Land clearing, excavation, well drilling, and concrete pouring will not be allowed between December 1st and March 31st, as provided in Section 4.01b of the Guidelines.

27. Land clearing or disturbance of any kind is strictly prohibited on the Conservation Easement Property. If any easement land is impacted by a homeowner or builder, fines and mitigation will be assessed both by the ARC, and the Southeast Regional Land Conservancy, and will be the responsibility of the Property Owner to compensate.]

I have been given a copy of The Preserve Communities Architectural and Site Design Guidelines. I understand said requirements and agree to abide by the Guidelines, and will accept fee penalties if imposed.

Date Building Contractor Representative

The Preserve Communities

Owner

EXHIBIT “B”

Design Fee and Site Visit Schedule A. Design Fee Schedule 1. Construction Compliance Bond: $5,000 (Received from Contractor) 2. Road Impact Fee: $5,000 (Received from Contractor) 3. Preliminary Concept Review (optional) Fee: $50.00

4. Unscheduled Changes Review Fee: $250.00 5. Major Alterations Review Fee: $750.00.

The breakdown of this fee is as follows: initial review $450. Each site visit $150 each; total of 2 visits.

6. Plan Review Fee: $1,500.00 to be paid in full before ARC review of submittal.

The breakdown of this fee is as follows: Initial Review $450 Each site visit $150 each (5 total at $750)

B. Site Visit Schedule (as described in Section 3.03) The contractor is required to inform the ARC upon completion of a stage so that a site visit can be scheduled. If the contractor fails to comply with notification and misses a site visit, a fee will be assessed to be taken from the Construction Compliance Bond as outlined in Exhibit “C”. The Contractor is required to be present at all scheduled site visits.

• • • • •

First site visit to be done prior to grading of driveway and any site clearing.

Second site visit to be done prior to the pouring of the footers, after the initial grading has been done.

Third site visit to be done after the home has been dried in, prior to any interior work.

Fourth site visit to be done after the home is mostly complete and before any tree clearing or landscape work has been done.

Fifth site visit to be done when all work is completed and must be done before any construction bond is returned.

EXHIBIT “C”

Fine Schedule The following is a Schedule of Fines for violations of the established Design Guidelines. Before a fine is levied, a notification will be mailed or faxed to the responsible party. If the violation is not corrected within 5 business days, a Stop Work Order/Citation, as described in Section 3.06, will be issued. Fines may be disputed with the ARC within fifteen days of issuance, at which time they will be deducted from the Construction Compliance Bond. The Builder then has fifteen days to replenish the amount deducted from the Construction Compliance Bond in accordance with Section 4.03 of these Design Guidelines.

In the event that there is a conflict between the fines listed in the various sections of these Design Guidelines and those fines set forth in this Exhibit “C”, those fines set forth in this Exhibit “C” shall control.

S E C T.

VIOLATION

FINE

3.03

Missed required site visit, and non notification of stage completion to ARC from builder

$100

4.08

Job site debris on adjacent property

$100

4.08 4.08

4.06 4.08 4.08 4.08 4.08 4.08 4.05

13.02 4.08 3.04

4.06 4.12 4.11 4.11

4.12

4.07 4.07

4.06 4.07

4.06

Job site debris on site

No commercial trash enclosures No gravel drive

Dirt/gravel in road

Materials in right-of-way or road

Construction equipment on adjacent lot Parking violation

Unapproved trailer/dumpster

No temporary sanitation facility on site Unauthorized sign

Unauthorized burning

Unauthorized clearing of lot

Unauthorized removal of trees, above 6”in diameter Unauthorized revisions/improvements General nuisance/misconduct

Traveling recklessly or in excess of posted speed limits

Unauthorized exterior finish (e.g., paint, stain, roofing, materials or design) Erosion into drainage facility

$100 $100 $100 $100 $100 $100 $100 $100 $100 $100

$200

$5,000

$1,000 /tree $500 $500 $100

Forfeit Bond $500

Silt fencing uninstalled/damaged

$200

Improper routing of drainage

$250

Tree fencing uninstalled/damaged Damaged tree: 6”caliper or greater

$200 $200

Fines listed above are the maximum levied for first-time violations; they are DOUBLED for future/repeat violations. Initial fines may be reduced or waived at the discretion of the ARC upon correction of the violation. If it becomes necessary for the Developer or ARC to schedule maintenance/repairs on a job site, the Contractor will also be held responsible for the cost.

EXHIBIT “D”

Tree Protection

EXHIBIT “E”

Erosion Control – Silt Fence Detail

EXHIBIT “F”

Erosion Control – Construction Entrances

EXHIBIT “G”

Stop Work Order/Citation Date: Home Site: Builder: ARC Representative: A violation of the Design Guidelines for French Broad Crossing was noted during a property inspection. You have previously received a Compliance Request from the ARC. You have 15 days from the date of this Citation to present a written request for a hearing to French Broad Crossing HOA’s Board of Directors. Unless a request for a hearing is received within 15 days, a fine will be levied against your Construction Compliance Bond in accordance with the schedule listed below. If you have any questions, please call 866-449-0023.

VIOLATION

FINE

Failure to notify ARC of stage completion and missed required site visit

$100

Job site debris on adjacent property

$100

Job site debris on site

No commercial trash enclosure No gravel drive

Dirt/gravel in road

Materials in right-of-way or road

Construction equipment or material on adjacent lot Parking violation

Unapproved trailer/dumpster No Port-a-John on site

Construction sign damaged or missing Unauthorized sign

Unauthorized burning

Unauthorized clearing of lot

Unauthorized removal of trees, above 6”in diameter Unauthorized revisions/improvements General nuisance/misconduct

Traveling in excess of posted speed limit Unauthorized exterior finish (e.g., paint, stain, roofing materials or design.)

Erosion into drainage facility

$100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100

$200

$5,000

$1,000 / tree $500 $500 $100

Forfeiture of Construction Bond $500

Silt fencing uninstalled/damaged

$200

Improper routing of drainage

$250

Tree fencing uninstalled/damaged Damaged tree: 6”caliper or greater

$200 $200

Fines listed above are the maximum levied for first-time violations; they are DOUBLED for future/repeat violations.

Initial fines may be reduced or waived at the discretion of the Board of Directors upon correction of the violation. If it becomes necessary for the Developer or the Association to schedule maintenance/repairs on a job site, the Contractor will also be held responsible for the cost of said actions.

Architectural Review Board Forms

FORM 1

Preliminary Conceptual Plan Review Application Date:

Type of construction:

Home Site (Section/Lot): New Construction

Renovation/Addition

Property Owner: Name: Address: City, State, Zip: Telephone: Fax: E-mail address:

Comments:

(Please provide a description of your concept and support your description with material samples, drawings, sketches and photographs to clarify your request.)

FORM 2

Final Construction Plan Review Application Date:

Type of construction:

Home Site (Section/Lot): New Construction

Renovation/Addition

Lot Owner: Address: City, State, Zip: Telephone: Fax: E-mail address: Builder Name: Address: City, State, Zip: Telephone: Fax: E-mail address: NC License Number: Architect/Designer Name: Address: City, State, Zip: Telephone: Fax: E-mail address:

Application Checklist:

Construction documents, material samples, bond and review fee must be received and approved by the ARC prior to receiving final approval for construction.

Construction Documents:

Two sets of construction documents must be submitted to the ARC for review. Refer to Appendix X for specific requirements for each document. (NOTE: Landscape plans are at time of dry-in.)

Site Plan

Building Elevations

Floor Plan

Material Samples:

One set of material samples must be submitted to the ARC for review.

Foundation: Material: Color (include sample): Mortar Color (if applicable):

Garage Doors: (include cut sheet) Type: Manufacturer’s Number: Color (include sample):

Walls: Material: Color (include sample):

Decks and Railings: Materials (submit detail): Color (include sample):

Trim: Material: Color (include sample):

Patios/Terraces: Materials (submit detail): Color (include sample):

Roof: Material: Color (include sample):

Retaining Walls: Materials (submit detail): Color (include sample):

Soffits/Fascia: Material: Color (include sample):

Gables and Dormers: Materials (submit detail): Color (include sample):

Windows: (include cut sheet) Type: Manufacturer’s Number: Color (include sample):

Service Area Screen Wall: Materials (submit detail): Color (include sample):

Front Door: (include cut sheet) Type: Manufacturer’s Number: Color (include sample):

Driveway: Materials (submit detail): Color (include sample): Exterior Light: (submit cut sheet)

Application Fees:

Make all checks payable to: French Broad Crossing/ARC Concept Review Fee: $50 Plan Review Fee: $1,500 Construction Compliance Bond: $5,000 Date Received:

Received by:

Check #:

Area Calculation:

Heated Square Footage:

Total Home Site Area:

Total Impervious Coverage:

Percentage Impervious Coverage:

FORM 3

Home Alterations Application Date:

Type of construction:

Home Site (Section/Lot): New Construction

Renovation/Addition

Property Owner: Address: City, State, Zip: Telephone: Fax: E-mail address:

Comments:

(Please provide a description of your concept and support your description with material samples, drawings, sketches and photographs to clarify your request.)

Please include samples of materials.