SAN JUAN VISTA ESTATES

At Durango

ARCHITECTURAL STANDARDS

The San Juan Vista Estates Design Regulations are established to protect and enhance the value of property within the subdivision. Architectural Control shall he aimed at preserving the natural environment and scenery, as well as producing quality custom homes with a harmonious architectural relationship.

The objectives of the Architectural Review Committee ("ARC") are as follows:

(1) To attain the highest quality of development and construction;

(2)To prevent unreasonable obstruction of views and privacy;

(3)To provide criteria For appropriate mountain architecture, that encourages creativity iii design within a common theme;

(4)To preserve and protect natural resources within the subdivision;

(5)To promote a harmonious relationship of buildings, landscape topography, and overall community design;

(6)To promote workmanlike quality through the use of long-lasting, sturdy building materials;

(7)To maintain proper setbacks in order to promote safety arid preserve natural scenery; and

(8)To preserve the natural environment for all wildlife which currently exists throughout the

property.

Section II. San Juan Vista Estates Design Theme

The Design Theme is directed toward preserving the southwest and mountain feeling with homes located among the Juniper, Cedar and Pinon pines. I loines shall be sited and landscape

so that they are visually buffered from the roads. Special consideration by the ARC shall be taken into account for lots that are sparse with vegetation that provides the visual buffer

Building designs should be creative, with an avoidance toward "boxy" or long rectangular buildings. Building mass shall be low profile, varied, and on slopes or hillsides and shall follow the natural grade. Large decks, retaining walls, and roof overhangs shall be used when appropriate to enforce the visual tie of the building to the natural topography.

In addition to the Design Regulations, building; design will be regulated by local, county, state and federal regulatory agencies having jurisdiction. The Owner or his agent shall be responsible to ensure conformance with any applicable regulations, and should check with the appropriate governmental entity to verify that the most recently adopted edition of any applicable regulation is being used.

4.3 "Preliminary and Final Plan Approval" A certificate issued by the ARC that indicates the design of a building arid associated landscaping have been reviewed by (the ARC and conformed with the Design Regulations. (Final Plan Approval must be received from the ARC prior to commencement of any site work including, but not limited to, tree removal and excavation. Building permits and permits For excavation or construction of any portion of the building or site preparation shall not be issued prior to receiving Final Plan Approval. The outline of the boundaries of the residence and any other structure shall be staked in the field as well as the proposed driveway prior to Preliminary Approval of the plans by the ARC.)

Section V. Design Review Process

The Design Review Process must be followed for any building, site or landscaping improvements to a lot including but not necessarily limited to the following:

(A) Construction of any building;

(B) Renovation, expansion, or refinishing of exterior of any building;

(C) Interior changes which affect the number of dwelling units or major function of a building;

(D) Fencing, dog runs or containment;

(E) Major landscape, road or parking changes; and

(F) Exterior lighting or signage.

In addition to meeting the requirements of these Design Regulations, an owner must comply with the requirements of all governing agencies including La Plata County in order to obtain a building permit or a Certificate of Occupancy, Temporary Certificate of Occupancy or similar occupancy approval.

The San Juan Vista Estates Review Process has three steps: Conceptual Review, Final Plan Review, and Construction Conformance Review. In addition, the owner may appeal the ARC's decision to the San Juan Vista Estates board of Directors.

5.1 Conceptual Review Two copies of all necessary materials for the Conceptual Review must be submitted to the ARC at least ten (10) days prior to their next scheduled meeting The ARC can only approve a Conceptual Review submittal when the following items leave been submitted and approved (i.e., site plan, building plans, et cetera.)

5.2-2 Building, Plans The owner must submit, in addition to tile preliminary building plans, two (2) complete sets of floor plans (1/4 inch = 1 foot), door and window types, stain and stucco colors and any chimney caps and flue enclosures.

Architectural Review Committee Procedures

Typical

Time Frame Procedure in Sequence

Conceptual Review Sec. 5.1 (30 days maximum)

1-5 days 1. Schedule Preliminary Plan Reviews

10 days 2. Preliminary Plan Review

A. Preliminary plans complete (checklist)

B. Fees current

C. Plot (site) plan, building plan, staking on-site

2-5 days 3. ARC Preliminary Plan Review

Submittal review (including comments)

B. On-site staking review

7 days maximum C. Decision by ARC

D. Written response: by ARC

E. Reline/revise preliminary design as required

Final Plan Review Sec. 5.2 (30 days maximum)

1-14 days 4. Final Submittal

A. Final plans complete (checklist)

B. Building plan

C. Landscaping plan

D. Schedule of construction

5. ARC Final Plan Review

7 days A. Written response by ARC

B. Final Staking check by ARC

Construction Performance Review Sec. 5.3

6-12 months

1. Completion of' Construction

2. ARC Review/Approval

3. Certificate Of Occupancy by La Plata County

Building mass shall be low profile, varied, and on slopes or hillsides and shall follow the natural grade. Building mass shall be evaluated on creativity in design, and the ability to merge with the natural topography.

Architectural expression and creativity shall be encouraged. Exterior materials (stone, stucco, wood siding, and log) should be used-in combination to vary tile appearance of different components of the building. Window patterns and sizes should vary, depending on their exposure.

Stained glass, window boxes, hand-crafted doors and windows will be encouraged to express originality and interest within the architecture.

7.4-1 Log or Timbers Log timbers shall be used to convey a sturdy appearance. Minimum sizes (timber - 8 inch x 8 inch, log - 9 inches diameter) shall be required. Variations in log sizes are encouraged to avoid the appearance of "machined" or manufactured logs. Dovetail notching, hand-hewn, and skip peeling are all techniques that are recommended to add originality to ail otherwise standard log structure.

Log and timbers shall be treated with a clear sealer, or stained with a semi-transparent stain to blend with the existing natural colors. All stain colors shall require ARC approval.

7.4-2 Wood Siding Wood siding, or all approved similar-appearing substitute, shall be 8 inches, 10 inches, or 12 inches wide. A combination of two widths in a random pattern is encouraged. Wood siding shall be a minimum of '/2 inch thick. Wood siding should be used primarily at gable ends, and the upper portion of a structure. Wood siding shall be stained a natural earthtone, or treated with a clear sealer.

7.4-3 Stone should not only be used at the base of a building, but also as a vertical element for contrast. Stone shall be used on small portions of the building that appear to be additions. Chimneys, columns, foundations, and retaining walls shall be built of stone to give an appearance of stability.

7.4-4 Stucco (Synthetic) Synthetic stucco shall be used in combination with log, wood, and stone. Stucco shall have a soft, undulating appearance with an avoidance to sharp edges. When stucco is used at building corners, windows and door openings, the edges shall be rounded. Stucco colors shall be muted browns and grays, and shall require Architectural Review Committee approval.

7.5 Chimney and Flues Chimneys and flues are an important visual element of the architecture. When appropriate, chimneys should incorporate design elements of the southwest. Chimney caps shall be made of stone, stucco, or copper. Arched chimney caps add interest and southwest style to the building. Vents and flues shall not be galvanized pipe, but rather attempts should be made to group these roof projections and conceal them from public view.

7.6 Windows Window casing shall be wood. Approved finishes are natural, stained, painted or vinyl-clad. Exterior window trim shall relate to their building materials, either wood or masonry.

Sandstone, flagstone or heavy timber lintels and sills are encouraged for windows within mass walls. Special bay windows are also encouraged to maximize views and sun exposure, as well as to provide art accent on large wall surfaces.

Windows shall be used in combinations to avoid large uninterrupted glass areas. Windows shall lave a double or triple glazing. No uninterrupted glass areas shall exceed thirty (30) square feet. Mirrored glass is not allowed. The ARC reserves the right to allow unbroken glass areas larger than thirty (30) square feet, if in the Committee's sole opinion, larger panes of glass are appropriate for the building design and do not compromise the integrity of the design regulations. Stained glass and creatively shaped window openings will be encouraged to express craftsman quality within the architecture.

7.7 Doors and Entryways Doors and entryways should use hand-crafted materials whenever possible. The primary entrance doorways should establish interest, variety, and character, and will be reviewed on an individual basis. Flush metal doors will not be permitted for the main entry door. Secondary (semi-concealed) doors may be metal and are subject to specific ARC approval.

7.8 Garage Doors Hollow metal doors, metal overhead doors, or roll up doors are not permitted, except that metal sectional overhead doors of raised panel design may be used subject to specific ARC approval. Wood garage doors should be rich and interesting, and shall be reviewed on an individual basis.

7.9 Exterior Mechanical Equipment All mechanical equipment shall be either incorporated into the overall form of the dwelling or be permanently enclosed by a material approved by the committee other than plant material. Propane tanks are considered exterior material equipment and shall be subject to the above regulation. Propane tanks shall be installed in accordance with N.F.P.A. (National Fire Prevention Association) Pamphlet No. 58 and Pamphlet No. 54.

8.1 Planning Good planning is crucial in developing a landscape plan that blends with the natural landscape. Siting of buildings and routing of driveways, utilities, and walkways must be planned to cause the least amount of disturbance to existing vegetation and landforms.

Landscape scale and overall landscape design shall be developed so that one senses that new vegetation is integral with the natural mountain landscape and the inherent form, line, color and texture of the local plant communities.

New planting shall primarily use plants that are indigenous to the area. Ornamental plants may only be used in locations directly adjacent to buildings or in courtyards. When a manicured lawn gives way to the natural landscape, the transition should be free form, and not linear in nature, and should relate to the existing landforms and other site features.

The maturation of a designed landscape in the mountains takes longer than in less severe climates, as new plants have slow growth rates due to the short growing season. Consequently, land shaping is as important as plants in defining outdoor spaces. Berming will be encouraged when the topography lends itself to this type of site development.

8.4 Topsoil Prior to excavation, topsoil shall be stripped and stored on the site. Topsoil shall be replaced in all areas requiring landscaping or revegetation. Topsoil shall be spread to a minimum depth of four inches. A soil amendment, such as well-rotted manure, is recommended in areas that will be sodded or seeded.

8.5 Seeding Seed mixes must provide a blend of grasses that ensures quick cover, erosion control, and the potential of evolving into a climax plant community indigenous to its surroundings.

8.6 Perennial Wildflowers and Groundcovers Perennial wildflower and groundcover beds are encouraged to provide seasonal colors and variety in the landscape. Perennials shall be selected pursuant to their microclimatic needs (i.e., shade, full sun, dry, et cetera) and should be planted as edge transitions, or in drip lines or snow shed areas where their use would be more appropriate than turfgrass. Perennials indigenous to the area are recommended, and a list is available through the ARC.

8.8Revegetation Road and utility cuts shall be revegetated within thirty (30) days of the disturbance to avoid unsightly scars on the landscape.

In areas that are to be revegetated, soil shall be scarified prior to the application of the seed. Slope surfaces should be roughened to provide seed pockets for increased germination.

Seed selection will include native plant materials and/or appropriate substitutes approved by the ARC. Seed shall be applied to disturbed areas within ten (10) days after topsoil has been spread.

Newly seeded areas should be protected from wind and water erosion through the use of mulches. Mulches protect the soil from the impact of falling rain, slow the velocity of runoff, and increase the capacity of the soil to absorb and retain moisture. Acceptable mulches are wood chips, straw, hydromulch, and erosion-control netting. Erosion-control netting will be required on slopes with erosion potential.

The ARC will require an erosion control and revegetation plan prior to Final Plan Approval. These plans shall explain the measures to be used to permanently stabilize and revegetate disturbed areas.

8.9 Signage Street address signs shall be no less than one square foot and no greater than two square feet in size. Signs should be made from metals, such as wrought iron, bronze and copper; or woods, such as redwood, cedar, or hardwoods. The location of street address signs shall be approved by the ARC. The ARC arid the Association Board may require that all street address signs be consistent to provide harmony with respect to color, size, location and style.

8.10 Exterior Lighting In general, site lighting shall be subdued and understated. Exterior lighting shall shield its direct source. High-intensity sodium vapor and similar lighting shall be prohibited. The type of fixture and type of lighting shall require specific ARC approval. Any excessive glare and/or any light pollution of adjacent properties is prohibited.

8.11 Fences Fences will be permitted, but they must be constructed of wood, stucco or other approved materials. Chain link, barbed-wire, and electric fences will not be permitted.

In all cases, fences must be approved by the ARC. Fences should not be used to define property boundaries, but to enclose private spaces, service areas, and provide a transition from manicured landscaping to the existing natural vegetation.

Section IX. Construction Regulations

9.1 Permits Construction shall not commence until Final Plan Approval has been received from the ARC and a building permit has been issued by the Building Department or appropriate agency of La Plata County. Once started, construction shall proceed in an expeditious manner, in strict compliance with the Final Plan Approval. Upon satisfactory completion and final inspection, the ARC will issue a Certificate of Compliance and only then will La Plata County issue a Certificate of Occupancy or similar approval.

9.2 Construction Staging Areas All construction staging, including, but not limited to material storage, equipment storage, construction trailers, etc., must take place within a designated area within the perimeter of the project site, unless an alternate staging area is approved in « writing by the ARC and the Developer. The owner shall present to the ARC a layout of the staging area, which will include, but is not limited to the following: material and equipment storage area, job office location and access to and from the site during construction.

All construction activity shall be contained on the lot for which a building permit has been issued, unless specific authorization is received in writing from the ARC and the Developer. Porta-toilets shall be required at all constriction projects for the duration of time that construction workers are present on the site and shall be located in areas approved by the ARC.

9.3 Trees and Property Protection Construction practices must include extreme care during grading and excavation to avoid damage to existing trees, shrubs and their root structures.

No trees of any size may be removed prior to a site inspection and approval by an authorized representative of the ARC. Trees to be removed for any reason shall be identified with surveyor's ribbon and shall be approved during a site visit by an authorized ARC member or representative. Spray paint shall not be used to identify trees to be removed.

9.4 Slash Disposal By keeping disturbed areas small, slash removal will be reduced. Where earthwork and tree removal is necessary, slash disposal will be handled in the following manner:

Trees that can be successfully transplanted will be relocated in areas designated to be landscaped. Trees that cannot be transplanted should be cut as firewood and stacked in appropriate location, or ground into chips and used as mulch in disturbed areas. Stumps shall be hauled off the site. No burning of any kind will be permitted.

9.5 Noise and Hours Blasting, heavy equipment operation, and other loud noise from construction shall be prohibited between 6:00 p.m. and 7:00 a.m. All blasting will require prior written approval of the ARC. The owner shall take necessary precautions and shall notify adjacent property owners, local traffic, pedestrians, et cetera prior to blasting.

9.6 Construction Signs One construction sign will be allowed on each site for the project. The sign shall not exceed fifteen (15) square feet overall, and shall be located within the property boundary visible from an adjacent roadway or entry to the project. The sign must conform to the layout shown below and at a maximum may only contain the name, address, and telephone number of the owner, the name only of the architect, contractor, lender, the project name, logo and location (filing/ lot). All parties listed must be shown in uniform type style, size and color.

All construction signs must be approved by the ARC prior to installation. Layout for the sign must be submitted to the ARC ten (10) days prior to a scheduled meeting.

Real Estate Brokerages, Real Estate Agents' names, and the word "Sale" or any reference to the property being available for purchase shall not be permitted on construction signs.

Construction signs must be removed within fifteen (15) days of issuance of temporary or final Certificate of Occupancy. Signs that have not been removed by the owner will be removed by the ARC.

9.7 Trash Containment and Removal Trash and construction debris shall be kept in containers of a type that has been approved by the ARC. Container shall be emptied on a regular basis to ensure sufficient room to store trash at the end of each working day. It shall be the responsibility of the owner to remove and dispose of, at an authorized county landfill, any excess trash and construction debris. Storage of trash and construction debris outside of an approved container shall not be permitted under any circumstances.

9.8 Clean-Up Security Deposit Prior to issuance of Final Plan Approval by the ARC, the owner's contractor shall execute a Clean-Up Security Deposit Agreement and deposit a cash Clean-Up Security Deposit in the amount of $1,000 with the ARC. A 100% rebate shall be made to the owner or owner's contractor after a Certificate of Compliance has been issued by the ARC.

Clean-Up Security Deposits shall be retained by the ARC, if after written notification, the owner or owner's contractor has not performed clean-up responsibilities.

It shall be the responsibility of the owner or the owner's contractor to maintain a clean construction site, as well as maintain clean roadways where mud and dirt is tracked from their construction site.

9.9 Miscellaneous and General Practices The following practices are prohibited at San Juan Vista Estates:

(A) Changing oil on any vehicle or equipment other than at a location designated for that purpose by the developer or the ARC;

(B) Allowing concrete suppliers and contractors to clean their equipment other than at locations designated for that purpose by the Developer or the ARC;

(C) Removing any rocks, plant material, topsoil, or similar items from any property of others within San Juan Vista Estates, including construction sites;

(D) The carrying of any type of firearms on the property;

(E) Use of spring or surface water for construction except where designated for such use by the ARC;

(F) Using disposal methods or units other than those approved by the ARC;

(G) Careless disposition of cigarettes and other flammable material;

(H) Lighting of any type of fireworks;

Builders, contractors and subcontractors are highly discouraged from bringing pets, particularly dogs, onto the property. Any dogs or other pets brought to San Juan Vista will be on a leash and completely under the control of its owner at all times. No pets will be allowed to roam at will and no loud radios will be played throughout San Juan Vista. In the event of any violation of this Section 9.9, San Juan Vista shall have the right to contact La Plata County authorities to impound the pets, or refuse to permit such contractor or subcontractor to continue work on the San Juan Vista property, or to take such other action permitted by law or the Declarations;

(I) All Lot Owners in San Juan Vista will be responsible for the conduct and behavior of their representatives, builders, contractors, and subcontractors; and

(J) At least one ten-pound ABC rated dry chemical fire extinguisher shall be present and available in a conspicuous place on the construction site at all times.