THE KNOLLS

RESIDENTIAL DEVELOPMENT STANDARDS

These Design and Development Standards have been established by The Knolls Design Review Committee in accordance with the Declaration of Covenants, Conditions and restrictions for The Knolls, Durango, Colorado, as the project may be amended from time to time by amendments to its plat, as well as the Declaration of Covenants, Conditions and Restrictions. As these Development Standards are subject to amendment from time to time, it is the responsibility of each interested party to obtain a copy of the most recent version.

A comprehensive design review process has been established pursuant to these Development Standards, providing each owner the opportunity to draw upon the expertise and knowledge which has been acquired during the planning and development of The Knolls. The preservation and enhancement of both the natural and built environment at The Knolls are of primary concern. The Design Review Committee has been established and charged with the responsibility of insuring that these principles are adhered to throughout all phases of development.

1.1.1  For this reason, the design review process has been established, encompassing the following five phases:

1.1.2  The Pre-Design Conference, during which each owner along with his architect/designer may review their ideas and the natural aspects of the lot with a representative of the Design Review Committee before any plans are prepared.

1.1.3  The Preliminary Submittal, at which time the Design Review Committee can review conceptual plans to insure conformance with the Development Standards before the owner finalizes his design.

1.1.4  The Final Submittal, at which time the Design Review Committee can review final construction documents to confirm that they are consistent with the previously approved preliminary plans.

1.1.5  The Pre-Construction Conference, during which each builder may review the construction regulations with a representative of the Design Review Committee to insure understanding of, and future compliance with, these regulations.

1.1.6  The Final inspection of the improvements by a representative of the Design Review Committee to determine whether actual construction has been completed in strict compliance with the approved plans and development standards.

The Design Review Process was developed to provide adequate check-points throughout the design and development phases, so that time and money are not wasted on plans and designs which do not adhere to the Development Standards or to the overall principles of The Knolls. This process is a proven and streamlined one and will not result in time delays, provided each owner performs in the spirit with which the Design and Development Standards are intended, namely, a sensitive approach to the development of ones lot within this unique community.

It is strongly recommended that an owner retain competent professional services for planning and design to insure a thorough analysis and understanding of a particular lot and the owner's special needs and life style. Professional plans and specifications are an essential tool to communicate to the Design Review Committee the concept and design of a proposed residence or improvement.

The Design Review Process is intended to operate concurrently with the plan review process required by La Plata County for obtaining a building permit. However, The Knolls Design Review Process is independent of the County Review and is solely intended to enforce The Knolls Design and Development Standards.

The climate, terrain and intent of the Master Plan for The Knolls are all important factors which must be considered in the design of any improvements to properties within its borders. It is the intent of the following guidelines to insure environmentally sound and aesthetically pleasing development at The Knolls for the mutual benefit and enjoyment of all its members.

The building envelope is that portion of each lot within which all improvements, except for fences and deck, must be located. The specific building envelope for each lot is indicated on the final plat. In the event no setback is indicated, lot consolidation or other unforeseen circumstance, setbacks shall be as follows:

Required minimum setbacks:

Front 25 feet

North Side 10 feet

South Side 10 feet

Rear 10 feet

Lots 29-32 shall have a rear set back of 75’

No excessive excavation or fill will be permitted on any lot except where specifically allowed by the Design Review Committee. Every attempt should be made to balance cut and fill with minimal use of retaining walls or engineered building pads.

Site grading and drainage must occur with minimum disruption to the lot, without altering established drainage patterns as runoff leaves the lot. No grading plan shall be approved that could lead to unnecessary soil erosion.

The access drive shall not exceed twenty-four feet in width within the front setback, and the proposed surface is subject to approval by the Design Review Committee. Where access drives cross drainageways to enter any lot, the owner must provide a culvert with concrete or stone headwalls of a design subject to approval by the Design Review Committee.

All lots shall have situated thereon a minimum of 2 off-street parking spaces, tandem parking is allowable, in addition to garage spaces for a total of four off-street spaces.

Sewer, water, gas, electric, and telephone services have been provided for each lot at the property line. All areas disturbed by the installation of utility services must be restored to their natural condition and revegitated.

Electrical service has been provided to the pedestals and Conduit for the service line provided from pedestal to each property line. Extension of all utilities to the residence is the responsibility of the owner and shall be routed to minimize disruption to any existing landscape; disrupted areas shall be restored to their original condition.

It is required that before any construction begins on any lot within the subdivision that anyone commencing work shall call 1-800-922-1987 to determine the location of utility lines on any subject lot or common area.

No walls or fences in excess of three feet (3'), shall be constructed in the front yards of any of the lots within the subdivision. Any fences constructed elsewhere on a lot shall be no greater than six (6) feet in height. Green coated chainlink fencing shall be acceptable in backyards only with a maximum height of 4’, wood railing is encouraged. Barbed wire or any other type of wire fencing is expressly prohibited.

Chainlink dog runs shall be acceptable but shall not exceed 6’x20’.

The Design Review Committee shall review and approve the design, location and material of any and all fences within the subdivision.

No roof mounted or wall mounted mechanical equipment will be permitted. Any exterior mechanical equipment required must be ground mounted adjacent to the residence and shielded from view by walls or vegetation of sufficient height and density to buffer views and sounds.

Any on-site antennas shall be shielded from view and the location shall be subject to Design Review Committee approval. Dishes shall not exceed 36" in diameter.

Any signage to be located within the subdivision is subject to review by the Design Review Committee. No sign may be constructed and put in place on the premises prior to such sign review committee approval. Address and identification signs must conform to the standard design provided by the Declarant or the Association, and installed by each owner.

No additional signage of any kind will be permitted, except for temporary construction signs "For Sale" or "For Rent" signs which signs shall be free standing not to exceed five (5) feet in height above the natural grade and shall not exceed six (6) square feet of total surface area on each side of the subject sign. The sign shall not be attached to the outside of the house or fence. Such signage may be displayed in the window, or free standing staked in the yard.

Additional site lighting is permitted provided such lighting does not result in excessive glare toward the street or neighboring properties.

All exterior lighting must be a low level subdued intensity and is subject to approval by the Design Review Committee.

Each owner shall grade, landscape and plant that portion of the lot visible from the street. Landscaping shall be completed within ninety (90) days after home completion or the issuance of a certificate of occupancy whichever is sooner, unless such house is completed after September 1st of a calendar year, in which event such lot shall be graded and landscaped as set forth above, but need not be planted until May 1st of the following calendar year. The owner shall plant trees and shrubs on the part of their lot fronting public street(s) with not less than two (2) trees excluding Elm and Box Elder of 1 1/2 diameter or greater, ten (10) 5-gallon shrubs, and the balance of the area to have adequate and appropriate ground cover such as turf, mulch, flowers, etc. Each owner shall care for all shrubs, trees, grass, and planting of every kind on their lot, and keep all plantings neatly trimmed, properly cultivated and free from trash, weeds and other unsightly material.

No more than one residence may be constructed on any one lot. Other outbuildings such as detached garages may be constructed, provided they are a visual extension of the main residence.

The objective is the creation of a suburban neighborhood with well tended homes and landscapes. Over time the establishment of large trees should evoke an "oasis" effect with respect to the lack of trees elsewhere on the mesa. The vegatation and structures should be situated in such a way as to take advantage of the mountin views without obscuring them for others. The overall ambiance should one that invites community to happen where children can play and neighbors can stroll through a safe and pleasing neighborhood. Privacy an security in ones own space is also of paramount importance.

Ridge lines shall not exceed a height of 25 feet above natural grade directly below the highest point.

Flat roof parapets shall not exceed 22 feet in height from adjacent natural grade. Mansard roofs and roof pitches between 1:12 and 3:12 are expressly prohibited. Roof pitches must either be flat (with sufficient pitch to provide positive drainage) or 5:12 and greater.

The following exterior treatments are required:

Foundation walls must be finished in material compatible with and repeated in the construction of the residence, or screened from view by backfill or landscape.

Foundation piers must be screened from view by exterior wall materials continued to finished grade, or through the use of skirting, backfill or landscape.

There exist many traditions in high country architecture which will be encouraged at The Knolls along with certain regional adaptation.

Exterior materials should generally be natural materials that blend and are compatible with the native landscape. The predominant exterior materials will consist of wood or wood grained composite, native stone, shingles, beveled horizontal or vertical board siding, board and batt, or field stone or brick. Stucco is also acceptable.

Plywood siding is prohibited unless the applicant can demonstrate to the Design Review Committee that the specific proposed application would result in a finished appearance indistinguishable from an individual board siding application or have some other redeeming aesthetic value.

The use of metal or fiberglass siding, composition asbestos siding is prohibited unless indistinguishable from a natural material.

The aesthetic merits of any combination of exterior materials are subject to review and approval by the Design Review Committee in order to maintain the architectural integrity and consistent visual experience of The Knolls.

The Design Review Committee has determined that, for the sake of contrast and variety, the use of slate, flat concrete tiles, non-reflective raised-seam metal roofs, shakes, shingles or thick-butt asphaltic shingles with a weight of 275 pounds per square or more are strongly encouraged. The use of asphalt roll roofing, or reflective metal surfaces is prohibited.

Except in the case of parapets, roof lines facing the street shall have gables, dormers or other such design element so as to vary the roof line. Every effort should be made to avoid snow and rain runoff onto walks, drives, entryways, etc.

The glass of windows and skylights must not be highly reflective, nor may their frames consist of reflective material that is left unfinished. This especially applies to aluminum frames which must be anodized or finished with baked enamel.

The front elevation of the primary structure must have three or more planes. All projections from a residence or other structure including, but not limited to, chimney flues, vents, flashing, gutters, downspouts, utility boxes, porches, railings and exterior stairways shall complement the surface from which they project, or must otherwise be approved.

Two-car garages for each residence are required, either attached or detached, accommodating at least two automobiles; carports are prohibited. Oversized garages are strongly recommended for the purposes of storing of bicycles, snow mobiles, motorcycles, skis, garden tools, boxes and trash receptacles. Except when moving objects or vehicles in or out of the garage, the garage door shall be closed at all times. Garages are restricted to parking with usual and customary adjunct uses. Garages may not be converted into other uses such as living space or any other use that would preclude parking in the structure.

Passive solar design is encouraged. Active solar applications are also encouraged but can result in excessive glare or reflection, and can only be approved by the Design Review Committee.

Changes or additions to the approved plans before, during, or after the construction must first be approved by the Design Review Committee.

In order to insure that adjacent areas of each lot are preserved and the nuisances inherent in any construction process are kept to a minimum, the following regulations shall be enforced during the construction period of all improvements at The Knolls.

Any violation of these regulations by the owner's agent, representative, builder, contractor or subcontractor shall be deemed a violation by the owner.

Upon commencement of construction, a construction trailer or portable field office may be located on the building site. The type, size and color of any portable office must be approved by representative of the Design Review Committee during the pre-construction conference. At the same time, the provision of temporary power and telephone will be determined. A construction trailer may not remain on a site for a period of time exceeding six months without written approval of the Design Review Committee.

Owners and builders shall clean up all trash and debris at the end of each day; and approved trash receptacle must remain on the site at all times for this purpose to contain all lightweight materials or packaging. Trash receptacles must be emptied at an appropriate off-site facility when full.

Owners and builders are prohibited from dumping, burying, or burning trash anywhere on the lot or in The Knolls.

Heavy debris, such as broken stone, wood scrap, or the like must be removed from the site immediately upon completion of the work of each trade that has generated the debris.

Concrete trucks may be washed out only in areas approved by the developer, and never on a lot at The Knolls; concrete washout areas will be clearly posted.

During the construction period, each construction site shall be kept neat and shall be properly policed to prevent it from becoming a public eyesore, or affecting other lots or any open space. Any clean-up costs incurred by the Design Review Committee or the Association in enforcing these requirements shall be payable by the owner. Dirt, mud, or debris resulting form activity on each construction site shall be promptly removed from public or private roads, open spaces and driveways or other portions of The Knolls.

Each owner or builder shall be responsible for providing adequate sanitary facilities for his constructions workers. Portable toilets must be located within the setbacks.

The approved access drive will be the only construction access to any lot.

Construction crews will not park on, or otherwise use, undeveloped portions of lots or open space. All vehicles shall be parked within the setbacks or in the right of way adjoining the lot. Changing oil, vehicle or equipment maintenance is prohibited.

Street trees that cannot be moved must be marked and protected by flagging, fencing, or barriers. In the event street trees, irrigation or any other existing vegetation or equipment in the right-of-way is damaged, the full cost of repair or replacement shall be at the expense of the owner.

The Owner and contractor shall be responsible for controlling dust and noise from the construction site, including the removal of dirt and mud from public or private streets that is the result of construction activity on the site.

Loud playing of radios or use of other audio equipment by construction crews during the improvement of any lot at The Knolls is prohibited.

All building materials, equipment and machinery required to construct a residence on any lot at The Knolls must be delivered to and remain within the setbacks of each lot. This includes all building materials, earth-moving equipment or machinery that will remain overnight.

Carrying any type of firearms on the property is prohibited.

Careless disposition of cigarettes and other flammable materials, as well as the build-up of potentially flammable materials constituting a fire hazard, are prohibited. At least one 10-pound ABC-Rated Dry Chemical Fire Extinguisher shall be present and available in a conspicuous place on the construction site at all times.

No fire of any type for any reason will be permitted on a construction site at The Knolls.

No pets, particularly dogs, may be brought onto the property by a member of any construction crew.

The use of or transit over any other lot, common area or amenity is prohibited.

Upon completion of construction, each new owner and builder shall clean his construction site and repair all property which has been damaged, including but not limited to, restoring grades, planting shrubs and trees and approved or required by the Design Review Committee, and repair of streets, driveways, pathways, drains, culverts, ditches, signs, lighting and fencing.

Plans and specifications shall be submitted to the Design Review Committee in accordance with the following conference and submittal requirements and review procedures.

Prior to preparing preliminary plans for any proposed improvement, it is mandatory that the owner and/or his architect meet with a representative of the Design Review Committee to discuss proposed plans and to resolve any questions regarding building requirements at The Knolls. This informal review is to offer guidance prior to initiating preliminary design.

When the preliminary design is complete, plans that are submitted must include all of the following exhibits; no review will commence until the submittal is complete:

Site plan (scale at 1" - 10' or larger), showing the entire property, location of property lines, setbacks, the residence and all building, driveway, parking area, existing and proposed topography, proposed finished floor elevations, all trees of 4" diameter or greater, special terrain features to be reserved and trees to be removed.

A site plan (scale 1" = 1' or larger showing lot boundaries and dimensions, topography (2 feet contours or less), major terrain features, all trees of 4" diameter or greater, edge of pavement or curb, and utility locations.

Floor plans (scale 1/4" = 1'0") showing proposed layout and finished floor elevations.

All exterior elevations (scale 1/4' = 1'0") showing both existing and proposed grade lines, plate heights, ridge heights, roof pitch and an indication of all exterior materials and colors.

Landscape and Irrigation Plan showing the general layout, type and character of all proposed improvements.

Any other drawings, materials, or samples requested by the Design Review Committee.

The Design Review Committee will review the plans and respond in writing within 10 days after the review, but no later than 30 days after a submittal is complete.

Any response an owner may wish to make regarding the results of a design review must be addressed to the Design Review in writing.

After preliminary approval is obtained from the Design Review Committee, the following documents are to be submitted for final review; no review will commence until the submittal is complete.

Site plan (scale at 1" = 10' or larger), showing the entire property, location of the building envelope, the residence and all buildings, driveway, parking area, finished floor elevations, all utility sources and connections, and site walls.

Floor plans (scale 1/4" = 1'0") showing layout and finished floor elevations.

Roof plan (scale 1/4" = 1'0") showing all roof pitches.

Building section (scale 1/8" = 1'0") showing existing and proposed grade lines.

All exterior elevations (scale 1/4" = 1'0") showing both existing and proposed grade lines, plate heights, roof pitch and an indication of exterior materials and colors.

Paint chips and literature as requested by the Design Review Committee depicting or describing exterior materials.

Complete landscape plan (scale 1" = 10') showing size and type of all proposed plants, irrigation system, all decorative materials or borders and all retained plants.

On-site staking of all building corners and other improvements, is requested by the Design Review Committee.

As soon as the submission of final plans is complete, a representative of the Design Review Committee will inspect the lot to determine that the conditions as depicted in the final submittal are accurate and complete.

The Design Review Committee will review the plans and respond in writing within 10 days after the review, but no later than 30 days after a submittal is complete.

Any response an owner may wish to make regarding the results of a design review must be addressed to the Design Review Committee in writing.

In the event of any disapproval by the Design Review Committee of either a preliminary or a final submittal, a resubmission of plans should follow the same procedure as an original submittal. An additional design review fee shall accompany each such submittal as required by the Design Review Committee.

Prior to commencing construction, the builder must meet with a representative of the Design Review Committee to review construction procedures and coordinate his activities in The Knolls.

Upon receipt of final approval from the Design Review Committee, and having satisfied all Town of Durango review processes, the owner shall satisfy all conditions and commence the construction or any work pursuant to the approved plans within one year from the date of such approval.

If the owner fails to begin construction within the time period, any approval given shall be deemed revoked.

The owner shall, in any event, complete the construction of any improvement on his lot within one year after commencing construction thereof, except and for so long as such completion is rendered impossible or would result in great hardship to the owner due to labor strikes, fires, national emergencies or natural calamities.

If the owner fails to comply with this schedule, the Design Review Committee shall either have the exterior of the improvement completed in accordance with the approved plans or remove the improvement, with all expenses incurred to be reimbursed to the Design Review Committee by the owner.

The Design Review Committee may inspect all work in progress and give notice of noncompliance. Absence of such inspection or notification during the construction period does not constitute an approval by the Design Review Committee of work in progress or compliance with these Development Standards.

Additional construction or other improvements to a residence or lot, or changes during construction or after completion of an approved structure, must be submitted to the Design Review Committee for approval prior to making such changes or additions.

Upon completion of any residence or other improvement, the owner shall give written notice of completion to the Design Review Committee.

Within 10 days of such notification, a representative of the Design Review Committee may inspect the residence or other improvements for compliance. If all improvements comply with these Development Standards, the Design Review Committee may issue a written approval to the owner, constituting a final release of the improvements by the Design Review Committee, said release to be issued within 30 days of the final inspection.

If it is found that the work was not done in strict compliance with the approved plans or any portion of theses Development Standards, the Design Review Committee may issue a written notice of noncompliance, said notice to be issued within 30 days of the final inspection.

The owner shall have 30 days from the date of notice of noncompliance within which to remedy the noncomplying portions of his improvement. If, by the end of this time period the owner has failed to remedy the noncompliance, the Design Review Committee may take action to remove the noncomplying improvements as provided for in these Development Standards including, without limitation, injunctive relief or the imposition of a fine.

The approval by the Design Review Committee of any plans, drawing, or specifications for any work done or proposed shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing or specification subsequently or additionally submitted for approval. Failure to enforce any of the development standards shall not constitute a waiver of same.

The Design Review Committee reserves the right to waive or vary any of the procedures set forth herein at its discretion, for good cause shown.

The Design Review Committee shall consist of at least two (2) but not more then three (3) members. Each member shall hold his/her office until such time as he/she has resigned or been removed ant their successor has been appointed by the Declarant.

Except as herein provided, the right from time to time to appoint and remove any member of the Design Review Committee shall be reserved to and vested in the Declarant.

Any member of the Design Review Committee may, at any time, resign from the Design Review Committee upon written notice delivered to Declarant or to the Association, whichever then has the right to appoint and remove members.

It shall be the duty of the Design Review Committee to consider and act upon such proposals or plans related to the development of The Knolls that are submitted pursuant to the Development Standards, to enforce the Development Standards, and to amend these Development Standards when, and in a manner deemed appropriate by, the Design Review Committee.

The Design Review Committee shall meet from time to time as necessary to properly perform its duties. The vote of a majority of the members shall constitute an act by the Design Review Committee.

The Design Review Committee shall keep on file all submittals and copies of all written responses to owners to serve as record of all actions taken.

Unless authorized by the Association, the members of the Design Review Committee shall not receive any compensation for services rendered.

All members shall be entitled to reimbursement for reasonable expenses incurred by them in connection with the performance of their duties. Professional consultants and representatives of the Design Review Committee retained for assistance in the review process shall be paid such compensation as the Design Review Committee determines.

The Design Review Committee may, from time to time and at its sole discretion amend or revise any portion of these Development Standards. All such amendments or revisions shall be appended to and made a part of the Development Standards.

Each owner is responsible for obtaining from the Design Review Committee a copy of the most recently revised Development Standards.

Neither the Design Review Committee, any member thereof, nor the Developer, shall be liable to the Association or to any owner or other person for any loss or damage claimed on account of any of the following:

The approval or disapproval of any plans, drawing, and specification, whether or not defective.

The construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications.

The development, or manner of development of any property within The Knolls.

Every owner or other person, by submission of plans and specifications to the Design Review Committee for approval, agrees that he will not bring any action or suit against the Design Review Committee, any of its members, nor the Developer, regarding any action taken by the Design Review Committee.

Approval by the Design review Committee of any improvement at The Knolls only refers to the The Knolls Development Standards and in no way implies conformance with local government regulations. It shall be the sole responsibility of the owner to comply with all applicable government ordinances or regulations, including but not limited to zoning ordinances and local building codes.

The Design Review Committee may, at any time, inspect a lot or improvement and, upon discovering a violation of these Development Standards, provide a written notice of noncompliance to the owner, including a reasonable time limit within which to correct the violation. If an owner fails to comply within this time period, the Design Review Committee or it authorized agents may enter the lot and correct the violation at the expense of the owner of such lot; said expense to be secured by a lien upon such lot enforceable in accordance with the Declaration.

In the event of any violation of these Development Standards, the Design Review Committee may, at its sole discretion and in addition to restoration expenses, impose without limitation a punitive fine, commensurate with the severity of the violation.

If any provision of the Development Standards, or any section, clause, sentence, phrase or word, or the application thereof in any circumstance, is held invalid, the validity of the remainder of the Development Standards, and of the application of any such provision, section, sentence, clause, phrase, or word in any other circumstances, shall not be affected thereby, and the remainder of the Development Standards shall be constructed as if such invalid part where never included therein.