Volcano Cliffs Property Owners Association, Inc.
Architectural Control Committee
Rules, Regulations and By-Laws
Pertaining to real estate described as:
Special Assessment District Number 227, Volcano Cliffs Subdivision Units 2, 5 and 24, located West of the Petroglyph National Monument and East of 81st Street, Bernalillo County, New Mexico.
ARTICLE I
ORGANIZATION
1.0 Organization and Meetings of ACC
1.0.1 Composition of the ACC
1.0.2 Coordinator
1.0.3 Regular Meetings
1.0.4 Place of Meetings
1.0.5 Quorum
ARTICLE II
SPECIAL GUIDELINES FOR BUILDING AND LANDSCAPE
2.0 Building
2.0.1 Setbacks
2.0.2 Height
2.0.3 Minimum House Size
2.0.4 Exterior Color
2.0.5 Glazing and Roofing
2.0.6 Exterior Lighting
2.0.7 Roof Mounting
2.1 Construction
2.1.1 Site Plan
2.1.2 Dumpster
2.2 Grading and Drainage
2.2.1 Grading Plans
2.2.2 Cross-Lot Drainage
2.2.3 Building Sited on Lot
2.2.4 Storm Water
2.3 Landscaping
2.3.1 Private Open Space
2.3.2 Streetscapes and disturbed areas
2.4 Utility Easements
2.4.1 Maintenance Roads
2.5 Walls / Fences
2.5.1 Solid Wall Restrictions
2.5.2 Metal Fence Restrictions
2.5.3 Height of Walls
2.5.4 Wall or Fence Color Compliance 2.5.5 Perimeter Walls
2.5.6 Shared Wall Agreements
ARTICLE III
BUILDING AND LANDSCAPE CONTROL
RULES AND REGULATIONS
3.0 Plan Submittal Procedure and Review
3.0.1 General
3.0.2 Drawings Submittal
3.0.3 Timing for Submittal
3.0.4 Single Family Housing Design Approval Fee and Deposit
3.0.5 Single Family Residential Units - Remodel or Addition
3.0.6 Exemptions
3.0.7 Number of Sets of Drawings and Specifications
3.0.8 Committee Action
3.1 Construction
3.1.1 Time Period
3.1.2 Alterations During Construction
3.1.3 Inspection
3.2 Additions or Alterations After Completion
3.2.1 Approval Required
3.2.2 Coordinator Involvement
ARTICLE IV
GENERAL PROVISIONS
4.1 Non Waiver
4.2 Non Liability and Indemnification
4.3 Interpretation
4.4 Enforcement
4.5 Variances
4.6 Severability
4.7 Amendment
PREFACE
The Architectural Control Committee (hereinafter “ACC”) is the entity designated by the Protective Covenants imposed upon and recorded in the real property records and protective covenants which may be recorded or amended after the date of these Rules, Regulations and By-Laws and is the entity designated by the City of Albuquerque Special Assessment District No. 227, Council Bill No. R-03-264 (hereinafter “SAD 227”), together with individual owners of lots within the property, has the power to enforce and implement the Covenants and to approve proposed construction of all structures on property subject to the Covenants (hereinafter “Property”). Each unit within the property located within SAD 227 has by virtue of its Covenants and SAD 227, an ACC. For efficiency of operation, the ACC shall be a consolidated body, consisting of 3 to 5 members, and serving for all units of SAD 227 Subdivision.
The ACC’s only function is to promote compliance with the Covenants, SAD 227 and applicable laws respecting development of lots within the Property.
Owners are hereby advised that these Rules, Regulations and By-Laws do not address every requirement or obligation imposed by the Covenants, SAD 227 and other ordinances and laws. Accordingly, knowledge of the Covenants, SAD 227, Northwest Mesa Escarpment Plan, Westside Strategic Plan, Long-Range Water Conservation Strategy Resolution City of Albuquerque Council Bill No. R-173, City of Albuquerque Zoning Ordinances, as well as these Rules, Regulations and By-Laws is important for understanding all of the guidelines for conduct in and development of the Property.
The purpose of these Rules, Regulations and By-Laws and the goal of the ACC is to control the general appearance of the Property; to prevent noxious or offensive activity and nuisances; to prevent unreasonable embarrassment, disturbance or annoyance to other owners in their use and enjoyment of the Property; to prevent the impairment of attractiveness; and, in general, to enhance and protect the value, desirability and attractiveness of the Property, thereby securing to each owner the full benefit and enjoyment of his property with no greater restrictions upon the free and undisturbed use of his property than are necessary to insure the same advantage to other owners.
These Rules, Regulation and By-Laws shall be applicable to all of the Property and all persons owning or occupying same. Further, each owner or occupant shall be held responsible for compliance with the Covenants and these Rules, Regulations and By-Laws by members of his/her immediate family, lessees, guests and invitees.
The ACC is committed to maintaining, within the Property, an overall program and plan of development which serves the best interest of the resident owners of the Property. The ACC will encourage a variety of innovative and creative designs, provided they are compatible with the general program and plan of development for the Property.
ARTICLE I
ORGANIZATION
1.0 Organization and Meetings of ACC:
1.0.1 Composition of the ACC. The ACC shall be composed of the following members: Pat Chapman, Keith Perry and David Heil, or other members as elected or appointed by the Volcano Cliffs Property Owners Association board.
1.0.2 Coordinator. The ACC shall appoint a person to act as a liaison between applicants and the ACC (hereinafter “Coordinator”). The Coordinator for an individual project shall be an ACC member who is not directly financially interested in the project.1.0.3 Regular Meetings. Regular meetings of the ACC shall be held on the second Saturday of each month after the regular Board meeting which begins at 9:15 a.m. at the Bear Canyon Senior Center at 4645 Pitt NE. The Chairperson may schedule additional meetings as required.
1.0.4 Place of Meetings. Meetings of the ACC shall be held at a suitable place as shall be designated by the ACC from time to time.
1.0.5 Quorum. A majority of the members of the ACC shall constitute a quorum. No action regarding business of the ACC may be taken at a meeting where a quorum is not present.
ARTICLE II
SPECIAL GUIDELINES FOR BUILDING AND LANDSCAPE
2.0.1 Setbacks. Buildings are to conform to the following minimum setbacks:
A. 25 feet front lot line setback;
B. 15 feet side and rear lot line setback.
C. Variances to setbacks will be considered for lots with public utility easements granted for SAD 227 utilities.
2.0.2 Height. Maximum building height is 15 feet above grade. The height of a pitched roof is measured at a point midway between the wall top plate and the ridge.
2.0.3 Minimum House Size. The minimum house size in Units 2 and 5 is1800 square feet and in Unit 24 (Unser Cliffs) is 2200 square feet.
2.0.4 Exterior Color. Exterior building colors are to comply with color list in the NW Mesa Escarpment Plan or equivalent.
2.0.5 Glazing and roofing. Highly reflective or glaring metal and glass is prohibited.
2.0.6 Exterior Lighting. Height of luminaries shall not exceed 20’ 0”. Light fixtures shall be shielded such that light is directed downward and is not directly visible from a distance greater than 1,000 feet.
2.0.7 Roof Mountings. Roof mounted equipment shall be fully screened from horizontal view and within the stipulated building height.
2.1.1 A site plan showing building perimeters and locations and defining the required open space is to be included in the submittal of plans for review by the ACC.
2.1.2 The property owner or builder is required to have and use a metal dumpster container for construction debris and waste for the duration of construction. No trash, oil or solvent based products or concrete waste will be allowed to be dumped on neighboring properties.
2.2.1 Grading plans shall demonstrate cut and fill has been kept to a minimum unless the excavation reduces the profile of construction in a way that materially improves the site plan.
2.2.2 To minimize grading of the existing ground surface, cross-lot drainage is allowed and downstream properties will carry the flow to the street as required and shown on the approved drainage plan.
2.2.3 Buildings are to be sited so that storm water drains away from the structure.
2.2.4 Storm water will not be allowed to accumulate, potentially causing environmental, health or flooding problems to downstream properties.
2.3.1 Private Open Space. Approximately 30% of the lot area is to be private open space. Landscape plants used in the private open space are to be species and varieties contained on the NW Escarpment Plan Plant List and the Pollen Ordinance and the City’s Water Conservation Plan plant list current at the time of application. The open space area may include active utility easements and side yard utility easements that contain maintenance roads.
2.3.2 Areas expected to be disturbed and streetscapes are to be designated on the site plan submitted to the ACC.
2.4.1 Maintenance roads shall be left accessible for maintenance purposes and not be impeded by structures.
2.5.1 Solid walls or fences are not allowed on property lines that are coincident with the Petroglyph National Monument boundary.
2.5.2 Chain-link or other shiny metal fencing is not allowed.
2.5.3 Maximum height of walls or fences shall be 6 feet above grade.
2.5.4 Colors of walls or fences shall comply with the color list contained in the NW Mesa Escarpment Plan.
2.5.5 The Committee will encourage perimeter walls on side and rear lot lines to be built centered on the property line to avoid un-maintained space between properties.
2.5.6 The Committee will encourage shared-wall agreements between adjacent property owners where appropriate.
ARTICLE III
BUILDING AND LANDSCAPE CONTROL
RULES AND REGULATIONS
3.0 Plan Submittal Procedure and Review:
3.0.1 General. No construction within the Property can be commenced until the final design is approved by the ACC for compliance with the Protective Covenants, SAD 227, Northwest Mesa Escarpment Plan, Westside Strategic Plan, Long-Range Water Conservation Strategy Resolution, City of Albuquerque Zoning Ordinances and these Rules, Regulations and By-Laws. Application to and approval by the ACC is required before submitting plans to the City of Albuquerque.
3.0.2 Drawings Submittal. The submittal of final construction drawings and detailed specifications (hereinafter “Drawings and Specification”) is required and a Covenant Compliance Review Fee. The Drawings and Specifications must contain information sufficient to determine:
A. Location and size of house (consider setback and minimum size requirements);
B. Height of house (consider special conditions for view of other properties and height restrictions);
C. Drainage (Wilson and Company Engineering of Albuquerque, New Mexico is the firm that designed SAD 227 and Wilson and Company may be available to an owner for consultation on cross lot drainage matters);
D. Driveway and off-street parking, in addition to garage;
E. Landscaping, including removal and replacement of trees and shrubs;
F. Compatibility of proposed structure and neighboring structures, and conformance with styles of allowed architecture;
G. General exterior materials to be used;
H. Fenced areas;
I. Building code requirements, if applicable;
J. Soil test requirement (it is advisable to consult with a qualified professional regarding soil type, compaction and foundation requirements);
K. Required boundary and utility plot plans.
3.0.3 Timing for Submittal. The ACC shall have a reasonable period of time, up to forty-five (45) days from the date of submittal, in which to review the Drawings and Specification.
3.0.4 Single Family Housing Design Approval Fee and Deposit.
A. Single Family Residential Units – New Construction. The Covenant Compliance Review Fee for single family residential units shall be $250.00 for original submission and $50.00 for each alteration which affects building exterior appearance, requested by the Owner, after original approval.
B. A deposit of $2,000 will be required with the submission of construction drawings and specifications. The deposit is to insure the full compliance with these Rules, Regulations and By-Laws. The deposit will be refunded if the applicant has fully complied with these Rules, Regulations and By-Laws and after the applicant has been issued a Certificate of Occupancy by the City of Albuquerque. If the applicant withdraws his application and request for building approval by written notice to the ACC, the deposit will be refunded.
C. If the ACC does not refund the applicant’s deposit, the applicant may request the ACC to reconsider its decision at its next regular scheduled meeting. The applicant may be present at this meeting. The ACC decision regarding the applicants request for reconsideration shall be binding on the applicant. If the ACC does not refund the applicant’s deposit after reconsideration by the ACC, the applicant may appeal to the Volcano Cliffs Property Owners Association Board. The Volcano Cliffs Property Owners Association Board’s decision shall be final and binding on the applicant.
3.0.5 Single Family Residential Units – Remodel or Addition. The Covenant Compliance Review Fee shall be $50.00 for submissions for remodeling or adding to existing structures.
3.0.6 Exemptions. The ACC Reserves the right to waive the Covenant and Ordinance Compliance Review Fee and Deposit requirements.
3.0.7 Number of Sets of Drawings and Specifications. A total of three (3) sets of Drawings and Specifications are required to be submitted to the ACC. Two copies will be returned for submission to the City. Each set to consist of the following items:
A. Boundary, topographical and utility plot plans certified by an engineer licensed to practice engineering within the State of New Mexico to a scale no less than 1 inch equal to 20 feet, which show the following:
1. Legal description, north arrow, name, address and telephone number of owner;
2. Boundary survey showing existing contours, with dotted lines at two-foot intervals on lot and to 15 feet outside of the property line on all sides of the lot, including grade at any structure on adjacent lots within that 15 feet, and existing grade of closest usable edge of road surface from which the driveway will be connected. The survey must also indicate setback requirements and applicable easements;
3. Location of existing utilities and proposed connection thereto; and
4. Angle of slope from closest point of front surfaced road to the midway point of the front setback line of the lot.
B. Site Plan. Site Plan overlaid on boundary, utility, topographical plot plan, showing
1. Proposed finished grades using solid contour lines:
2. Finished front, rear and side yard dimensions to buildings from property lines;
3. Drives, walkways and on-site parking;
4. Elevations of each level of the building referenced to the topographical elevations of the site; and
5. Locations and elevation of other improvements such as patios and decks.
C. Building Plan. Building Plan to a scale not less than ¼ inch 1 foot, which includes the following drawings:
1. Floor plan, illustrating main structure, including balconies, decks, and square footage of each floor within the main building and square footage of any accessory outbuildings; and
2. Exterior elevations, showing roof pitch, illustrating materials, existing and final grades using topographical dotted and solid lines, respectively, finished floor elevations and maximum building heights clearly indicated.
D. Landscape Plan. Conceptual plans for landscaping must be presented in the Drawings and Specifications showing planned changes to existing vegetation or geographic conditions, irrigation requirements and exterior lighting, as well as drainage plans.
E. Fence and Wall Plan. Fences and walls must be shown on the Drawings and Specifications including color and materials.
F. Permanent signs including house numbers; and
G. Copy of the soil test.
3.0.8 Committee Action. Following review of the Drawings and Specifications, the ACC will:
A. Approve the items submitted in writing, in which case the applicant may proceed with construction; or
B. Conditionally approve, in writing, the items submitted, in which case the applicant must revise the items submitted to comply with the stated conditions and file the revised items with the Coordinator and receive written approval prior to commencing construction; or
C. Disapprove, in writing, the items submitted, in which case the applicant will be required to re-submit new plans and fees as requested by the ACC. Disapproval of the Drawings and Specifications shall be by majority action by the ACC, in their sole discretion, and shall be premised upon a finding that the proposed work, for any reason whatsoever, would be incompatible with the overall program and plan for development of the Property, including the covenants, these Rules, Regulations and By-Laws, any applicable ordinances or plans and City of Albuquerque development guidelines referred to in 3.0.1 of these Rules. Should the Owner wish to have the ACC reconsider its disapproval, he may submit a letter outlining his basis of appeal; and if the ACC deems it necessary and appropriate, a meeting will be arranged among the Owner and/or his architect or designer and the ACC. In all cases, the final decision of the ACC is binding.
D. Return one set of Drawings and Specifications, together with the ACC’s decision and requirements.
E. Provided, however, that failure by the ACC to act on completed Drawings and Specifications submittal within forty-five (45) days after submission shall cause the application to be deemed granted and the Drawings and Specifications and materials submitted therewith shall be deemed in conformance with the standards established by the Covenants and these Rules, Regulation and By-Laws and in conformance with the overall program and plan for development of the Property.
3.1.1 Time Period. The proposed structure must be staked by an engineer or a surveyor licensed to practice within the State of New Mexico and approved by the Coordinator or his/her designee for location and setbacks before start of construction. With respect to single-family residential structures, all work, including landscaping, must be completed within twelve (12) months after approval of the final Drawings and Specifications, unless approved in writing by the ACC.
3.1.2 Alterations During Construction. Alterations from the approved Drawings and Specifications during construction affecting the finished grade of the site, exterior appearance of any structure, or landscaping, shall require prior written approval of the ACC.
3.1.3 Inspection. Upon completion of the work as set forth in the Drawings and Specifications and with the materials approved by the ACC, the Owner shall notify the ACC in writing for final inspections. The Coordinator, acting on behalf of the ACC, will inspect the property and notify the Owner within a reasonable time following the next regularly scheduled meeting of the ACC, indicating approval or noting deficiencies requiring corrective action. Periodic inspections during construction may be made by, but are not required of, the Coordinator. Deficiencies requiring corrective action will be communicated to the builder and Owner in writing, and a time period will be established within which such deficiencies must be corrected.
3.2 Additions or Alterations After Completion.
3.2.1 Approval Required. Any additions or alterations after completion affecting the finished grade of the site, exterior appearance of any structure, or landscaping requires approval of the ACC.
3.2.2 Coordinator Involvement. The Coordinator should be contacted to determine if the addition or alteration as submitted is consistent with the overall program and plan for the development of the Property. If so, he may approve the plans without ACC review.
ARTICLE IV
GENERAL PROVISIONS
4.1 Non-Waiver: The failure of ACC to enforce any restriction, covenant, condition, or requirement contained in the Covenants and/or these Rules, Regulations and By-Laws shall not constitute a waiver of any right to enforce such provision or any other provision contained therein.
4.2 Non-Liability and Indemnification: Neither the ACC, nor any member thereof, nor agents or employees of the ACC shall be held liable for damages to anyone submitting plans and/or materials to them for approval by reason of mistake in judgment, negligence, or failure to approve such plans and/or materials. Every Owner or other person who submits plans and/or materials to the ACC for approval agrees, by submission of such plans and/or materials, that he will not bring any action or suit against the ACC, its members, agents, or employees, relating to action taken by them or neglected to be taken by them in connection with the plans and/or materials submitted.
Every owner or other person who submits plans and/or materials to the ACC for approval agrees to defend, indemnify and hold harmless the ACC, their officers, officials, agents and employees from and against all suits, actions, claims, demands, penalties, fines, liabilities, settlements, damages, costs and expenses (including by not limited to consultants fees, reasonable fees of attorneys, court costs and litigation expenses) of whatever kind and nature, known or unknown, brought against the ACC by the owner or any other person or legal entity because of the ACC’s mistake in judgment, negligence, or failure to approve plans and/or materials; provided that, the owner’s and other persons liability to indemnify does not extend to the ACC’s preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specification, or the giving of or the failure to give directions or instructions by the ACC, the ACC’s consultants, agent and employees or either of them provided such giving or failure to give is the primary cause of the injury or damage.
4.3 Interpretation: Any matter, condition, or material not defined herein or any matter requiring interpretive clarification shall remain a matter of discretion on the part of the ACC.
4.4 Enforcement: Failure to obtain necessary approval from the ACC will constitute a violation of the Covenants and these Rules and Regulations and By-Laws, and can require modifications or removal at the expense of the Owner. The ACC shall have the right and authority to obtain legal counsel and experts to enforce theses Rules, Regulations and By-Laws. If the owner fails to comply with these Rules, Regulations and By-Laws or breaches any of the terms or conditions of these Rules, Regulations and By-Laws, the ACC may enforce the Rules, Regulations and By-Laws and any matter deemed appropriate by pursuing its legal and equitable remedies in court against the owner or its agents and the ACC shall be entitled to all its reasonable legal fees and costs from the owner.
4.5 Variances: The ACC reserves the right to vary at any time from the procedures or standards established herein, upon good cause shown.
4.6 Severability: Each and every provision contained herein shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision herein.
4.7 Amendment: The ACC, may alter, repeal or amend the ACC Rules, Regulations and By-Laws by majority vote of the Volcano Cliffs Board.
VOLCANO CLIFFS PROPERTY |
ARCHITECTURAL CONTROL | |
| OWNERS ASSOCIATION, INC | COMMITTEE | |
| By: _______________________ | By: _______________________ | |
, its President |
PAT CHAPMAN, Chairman | |
| STATE OF NEW MEXICO ) | ||
| ) ss. | ||
| COUNTY OF BERNALILLO ) | ||
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2004, by ______________________, as the President of the Volcano
Cliffs Property Owners Association, Inc.
| My Commission expires: | __ _ __ _ _ _ _ __ ___ _ _ _ _ __ |
| _ _ __ _ ____ ____ ___ __ __ | NOTARY PUBLIC |
| (Seal) |
STATE OF NEW MEXICO )
) ss.
COUNTY OF BERNALILLO )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2004, by PAT CHAPMAN, as the Chairman of the
Architectural Control Committee.
My Commission expires: __________________________________
____________________ NOTARY PUBLIC
(Seal)