Design Control Board Criteria
By:
ASSOCIATION OF POINCIANA VILLAGES, INC.
DESIGN CONTROL BOARD CRITERIA
Poinciana Villages
Polk and Osceola Counties
POINCIANA DESIGN CONTROL BOARD CRITERIA Introduction:
All residents benefit from the planning and design that have been an important part of the development of the Villages comprising the Poinciana Subdivision (the "Poinciana Villages"). The intent of architectural controls is to assure residents that the standards of design quality will be maintained. This, in turn, protects property values and enhances Poinciana's overall environment. These Design Control Board Criteria ("Criteria") are primarily directed to builders, developers and property owners who desire to build in Villages One through Ten of the Poinciana Villages. Although Cypress Woods (located within Village One), Broadmoor (Village Nine) and Solivita (Village Ten) are governed by separate architectural review requirements, they are subject to these Criteria. However, to the extent that the architectural review requirements of Cypress Woods, Broadmoor and Solivita are different, the Cypress Woods, Broadmoor and Solivita architectural review requirements shall govern. The Design Control Board (the "DCB") reviews plans for all new construction by builders and developers in Villages One through Ten. This booklet is also applicable to homeowners who desire to make both exterior and certain interior alterations to their property located in Villages One through Ten. The Poinciana Subdivision Declaration (the "Declaration") recorded or to be recorded in both Polk and Osceola Counties provides that the following applies to Villages One through Ten of the Poinciana Subdivision:
Plans and specifications for all structures including, but not limited to, driveways, culverts, curbs, gutters, storm sewers and paving must be submitted to the DCB for written approval as to quality of workmanship and materials, harmony of external design, aesthetic effect, size and existing structures, and as to location with respect to topography and finish grade elevation prior to the commencement of said Subdivision.
Further, once a plan is approved, it must be abided by, or a modification must be approved in accordance with these Criteria. The DCB is an agency of the Association of Poinciana Villages, Inc. (the "APV") and is responsible to the APV Board of Directors (the "APV Board") for the discharge of the functions delegated to it by the Declaration.
In the event of any divergence of these Criteria or their application from the Declaration, the latter is the ruling document and shall control.
DESIGN CONTROL AND REVIEW IS A BENEFIT AND NOT A BURDEN.
TABLE OF CONTENTS
1. Purpose
2. Definitions
3. Authority
4. Appointment of the DCB
5. Meeting
6. Plan Review
6.1 Generally
6.2 Application
6.3 Additional Application Requirements
6.4 Fees
6.5 Plan Review Process
6.5.1 Preliminary Submission
6.5.2 Final Review Submission
6.5.2.1 Multiple Buildings
6.5.2.2 Multiple Buildings
6.5.2.3 Single Building
6.5.2.4 Construction Documents
6.5.3 Administrative Review
6.6 DCB Processing
6.6.1 Plan Submission
6.6.2 Approval
6.6.2.1 Required Revisions
6.6.2.2 County and State Approvals
6.6.2.3 No Warranty
6.6.2.4 No Waiver
6.6.2.5 Deviation
6.6.3 Disapprovals
6.6.3.1 Grounds for Disapproval
6.7 Appeals
6.8 Repeated Violations
7. Design, Criteria, Structures
7.1 Establishment of Criteria
7.2 Elevations
7.3 Exterior Materials
7.4 Garages
7.5 Screen Doors in Front of Garages
7.6 Storage Tanks
7.7 Storage Sheds
7.8 Window Air Conditioners
7.9 Wiring
7.10 Height
7.11 Pools
7.12 Dust and Erosion
7.13 Parking
7.14 House Numbering
7.15 Chimneys
7.16 Access
8. Setback Lines and Building Siting
9. Design Criteria Landscaping
9.1 Exterior Elements
9.1.1 Driveways and Walks
9.1.2 Vegetation
9.1.3 Minimum Landscaping
9.1.4 Multiple Family Screening
10. Commercial and Institutional Buildings
11. Signage
12. Building Alterations, Additions, Detached Structures and
Maintenance
12.1 All Additions Require Approval
12.2 No Temporary or Portable Structures
12.3 Awnings and Shutters
12.4 Exterior Materials
12.5 Exterior Colors
12.6 Maintenance
12.7 Fencing
12.7.1 Residential Fencing Generally
12.7.2 Commercial and Institutional Fencing
12.7.3 Vehicular Traffic Sight Lines
12.7.4 Types of Fencing
12.8 Antennas
12.9 Exterior Lighting
12.10 Portable or Temporary Structures
12.11 Model Center
13. Building Permits and Codes
14. Enforcement
15. DCB
15.1 Right to Inspect
15.2 New Standards and Policies
15.3 Change Orders
16. Liability
16.1 No Responsibility
16.2 Held Harmless
16.3 Owner Responsibility
17. Severability
18. Broadmoor, Village Nine
18.1 General
18.2 Requirements
18.2.1 Minimum Installation and Placement
18.2.2 Setbacks
18.2.3 Fencing
18.2.4 One Home Per Lot
18.2.5 Minimum Size
18.2.6 Sanitary Facilities
18.2.7 Used Homes
18.3 Single Family Restriction
18.4 Avatar
18.5 Waterbodies
18.6 Septic Tanks and Wells
18.7 Signs and Advertisements
19. Hold Harmless
20. Amendments to Criteria
DCB CRITERIA RESIDENTIAL COMMERCIAL
Pursuant to the Poinciana Subdivision Declaration (the "Declaration"), the Association of Poinciana Villages, Inc. ("APV") hereby adopts the following procedures, which shall be known as the Design Board Criteria (the "Criteria")and shall apply to Villages One through Ten of the Poinciana Villages. Although Cypress Woods (located within Village One), Broadmoor (Village Nine) and Solivita (Village Ten) are governed by separate architectural review requirements, they are subject to these Criteria. However, to the extent that the Cypress Woods, Broadmoor and Solivita architectural review requirements are more different, the Cypress Woods, Broadmoor and Solivita architectural review requirements shall govern.
1. Purpose. The purpose of these Criteria is to acquaint home builders, contractors, developers and property owners with the standards and requirements which will be used by the ("DCB") to determine that a particular design will help maintain the natural and constructed characteristics of the Poinciana Villages. They also act as safeguards for the continued desirable development of the Poinciana Villages by assuring harmony of external design, function and location in relation to surrounding structures and topography.
2. Definitions. All initially capitalized terms not defined herein shall have the meanings assigned to such terms in the Declaration. In addition to the foregoing, the following terms shall have the meanings indicated below:
"Ancillary Structure" or "ancillary structure" shall mean any ancillary structure to a residential improvement such as open or screened porches, garages, and carports, but shall not include roof overhangs less than two and one half feet (2) feet or less. "Applicants" shall mean any developer, Owner, contractor or any other person or entity applying for DCB approval, pursuant to these Criteria, of new construction and exterior/interior alterations to property located within the Poinciana Villages. "APV Board" shall mean the APV's Board of Directors.
2.1 "Arterial Street" shall mean major throughway for travel inside and outside of the Poinciana Villages. Arterial Streets have a two hundred (200) foot to three hundred (300) foot right-of-way. "Cluster Lot" shall mean each Lot forming part of a block of Lots designated in the applicable land use plan. "Collector Street" shall mean a street which connects Continuing Local Streets (or connects neighborhood traffic for inter-neighborhood travel). Collector Streets have a one hundred fifty (150) foot right-of-way. "Continuing Local Street" shall mean street which connects Local Streets within a limited area (i.e., neighborhood). Continuing Local Streets have an eighty (80) foot right-of-way. "Conventional Lot" shall mean a rectangular, pie or reverse pie shaped Lot. "Flag Lot" shall mean one of four lots grouped together and designated as a "Flag Lot" on the applicable land use plan. "Front Flag Lot" shall mean the anterior Lots in a Flag Lot configuration, each such Front Flag Lot having at least one boundary line fronting a Local Street. Front Flag Lots are subject to "stem" easement giving ingress and egress to Rear Flag Lots in the same Flag Lot configuration. "Local Street" shall mean an interior subdivision street which provides access to Lots (residential Lots front on Local Streets). Local streets have a forty (40) foot to sixty (60) foot right-of-way. "Manager" shall mean the person designated by the APV Board as the manager of the APV or his or her appointee in such person's absence. "Rear Flag Lot" shall mean the posterior Lots in a Flag Lot configuration, each such Lot having no boundary lines fronting a Local Street. Rear Flag Lots are accessed through the "stem" driveway access running through the Front Flag Lots.
3. Authority. The Declaration as recorded in Osceola and Polk Counties contemplates the existence and authority of the APV and DCB.
4. Appointment of the DCB. The DCB shall consist one (1) member per Village. The APV shall create the architectural designs and standards for all buildings constructed in the Poinciana Villages.
4.1 Any and all plans for construction of residential, commercial, industrial or institutional buildings within the Poinciana Villages shall be submitted to the DCB for its approval prior to application for a building permit to the appropriate County.
4.2 The members of the DCB shall be appointed and removed from time to time by the APV Board of Director member of each respective Village. Directors of the APV may serve as members of the DCB. The members of the DCB shall select a President of the DCB from its membership. The Secretary of the DCB will be responsible for notifying the appropriate Director of the APV when a vacancy exists within the APV Director's Village. Normally, each Village will be represented on the DCB.
4.3 Inherent in the selection of members of the DCB are the considerations of the candidates' observed experience in good citizenship; consideration of the rights of others; adherence to these Criteria; and compliance with the Declaration and Articles of Incorporation and By -Laws of the APV and those of the Village Association of which he or she is a member, including, but not limited to, the Declaration's requirement that Assessments be paid in a timely manner.
5. Meeting. The DCB will meet to consider requests received twice each month, on the first and third Wednesday of each month, or at any other time determined by the APV Board or the Manager of the APV.
6. Plan Review.
6.1 Generally. No construction of new improvements, alterations or additions shall be commenced without the prior written approval of the DCB. No building, fence, driveway, patio, drainage, paved area, wall or any other structure shall be commenced, erected, or maintained upon the existing property; no additions to existing property or any exterior additions or alterations therein shall be made until the plans and specifications showing the nature, kind, shape, height, materials, square footage, location and landscaping of the same shall have been submitted to and approved in writing by the DCB. In addition, the DCB shall have the right to approve any alteration that changes the use of a structure (e.g., conversion of a space to a bedroom). One (1) copy of all plans and related data shall be retained by the APV for its records. In the event that the DCB fails to approve an application within thirty (30) days of its submittal, such application shall be deemed disapproved.
6.2 Application. Each application to the DCB must be accompanied by a complete set of plans and specifications showing any proposed topographical changes, all exterior and structural details and the relationship of the proposed work to existing structures and to property lines. In the case of a proposed topographical or grade change, the application must also include the written agreement of the Applicant proposing such change in topography or grade, to indemnify and hold harmless the DCB, the APV, and Avatar, their agents, servants and/or employees from any claim or cause of action whatsoever, whether justifiable or not, and from any liability resulting or which might result from its approval of such topographical or grade change. Each application must also be accompanied by the name, address, telephone number and identity of contact person. If the contact person or his or her name address or telephone number changes, the Applicant shall immediately notify the DCB in writing. All DCB applications will be either (i) hand carried to the APV Offices for submission to the Secretary of the DCB or representative for acceptance or (ii) mailed by Certified Mail Return Receipt Requested to the addressed stated in Section 6.6.1 herein. Applications by facsimile or mail -ins will NOT be considered a submission to the DCB.
6.3 Additional Application Requirements. Institutional, commercial and multi-family development, civil engineering and drainage drawings shall be submitted to the Manager. In addition, a copy of all recorded plats must be delivered to the Manager.
6.4 Fees. Each application must be accompanied by required fees. The current fee schedule is available at the APV's offices.
6.5 Plan Review Process. The plan review process consists of three phases: Preliminary, Final and Administrative. Documents may be submitted either in separate phases or concurrently and approvals will be forthcoming in the same manner.
6.5.1 Preliminary Submission. Preliminary submission is required only for those plans for commercial projects, multi -family residential complexes and institutional and plans for development of sections of three or more single family residential complexes. The submission shall consist of a letter of application, a schematic site plan showing land use, density, drainage, traffic flow patterns, utility connections and the location of all structures on specific land sites.
6.5.2 Final Review Submission. Final review submission varies based on the improvement contemplated.
6.5.2.1 Multiple Buildings. For multiple building residential, institutional and commercial projects, preliminary review submission requires one set of drawings and documents showing:
6.5.2.1.1 The proposed title of the project, the names of the engineer, the architect, the developer, and the builder with License Number.
6.5.2.1.2 The Northpoint, scale and date.
6.5.2.1.3 The boundaries of the property, all existing easements and property lines, existing streets, buildings, water courses, waterways, lakes and other existing physical features in and/or adjoining the project. Show planned connection to the Master Drainage System.
6.5.2.1.4 The location, dimensions and character of construction of proposed streets, driveways, curb cuts, entrances and exits, outdoor lighting systems, storm drainage and sanitary facilities.
6.5.2.1.5 The location and dimensions of proposed Lots, setback lines and easements and proposed reservations for open spaces and other Common Areas.
6.5.2.1.6 The location of all proposed buildings relative to Lot lines, other buildings and structures or major excavations, accessory and main.
6.5.2.1.7 Preliminary floor plans and elevations of all sides of the building(s) with proposed exterior finish and materials.
6.5.2.1.8 Landscaping drawings or schematics showing planned landscaping and identifying existing trees over six inches (6") in trunk diameter.
6.5.2.1.9 The location, height and material of all fences, walls, screens, screen planting and landscaping.
6.5.2.1.10 The location, character, size, height and orientation of proposed signs with exterior finish proposed.
6.5.2.2 Multiple Buildings. The following details should be provided in or near the lower right hand corner of the site plan:
6.5.2.2.1 Residential: Total number of units.
6.5.2.2.2 Commercial: Total square footage of buildings.
6.5.2.2.3 Institutional: Total square footage of buildings.
6.5.2.2.4 Parcel size in acres.
6.5.2.2.5 Total number of parking spaces being provided.
6.5.2.2.6 Total number of loading spaces.
6.5.2.2.7 The amount and percentage of Lot area devoted to open space.
6.5.2.2.8 The amount and percentage of Lot area being built upon.
6.5.2.2.9 The amount and percentage of Lot area being surfaced for parking and circulation.
6.5.2.3 Single Building. For single building or house designs, for which the location or Lot siting is not yet known, the preliminary review submission need only be the floor plans with elevations of all sides and with the proposed exterior finish described. The Surveyor's Sketch of Survey showing building site, drives, overhangs and setbacks with total area is required prior to obtaining DCB approval for construction.
6.5.2.4 Construction Documents. Upon completion of construction documents, the Applicant shall also submit construction documents samples of exterior materials which cannot be adequately described and final recorded plat(s). Approval of construction drawings is part of all Final Reviews. Changes which effect the appearance of the grounds or building exterior shall be coordinated with the DCB before being finalized in the drawings. Section 9 of these Criteria contains minimum landscaping requirements.
6.5.3 Administrative Review. Certain items may be approved administratively (i.e., without a full meeting of the DCB) ("Administrative Review"). Items subject to administrative approval are identified by the DCB from time to time. Examples of items that may be approved administratively are repainting of a structure with an identical color previously approved by the DCB or approvals of fences, sheds and satellite dishes conforming to existing standards.
6.6 DCB Processing.
6.6.1 Plan Submission. Plans and documents should be submitted to: Design Control Board Association of Poinciana Villages, Inc. 401 Walnut Street Poinciana, Florida 34759 (863) 427 -0900
6.6.2 Approval.
6.6.2.1 Required Revisions. The DCB will notify the Applicant in writing of any revisions which must be made to plans or information which would gain approval of the DCB. In which event, the Applicant must resubmit the reviewed plans. Some approvals may be subject to conditions as stated in the approval letter.
6.6.2.2 County and State Approvals. The Applicant is responsible for obtaining the necessary County, utility and other regulatory reviews and approvals required including, without limitation, all required building permits. Approval by the County, State or applicable utility does not waive the requirement for DCB approval.
6.6.2.3 No Warranty. Upon approval of any plans and specifications submitted, a copy of such plans and specifications shall be deposited with the DCB for its permanent record. Approval shall in no way imply that the structure contemplated to be built is safe or structurally sound. No deviation shall be permitted from the plans and specifications so approved, without further independent submission to and approval of such changes by the DCB.
6.6.2.4 No Waiver. The approval of the DCB for use on any Lot of any plans or specifications submitted for approval, shall not be deemed to be a waiver by the DCB of its right to object to any of the features or elements embodied in such plans or specifications, if and when the same features or elements are embodied in any subsequent plans and specifications submitted for approval for use on other Lots.
6.6.2.5 Deviation. The APV Board has the right to agree to deviations from the provisions of these Criteria for reasons of practical difficulty or hardship which otherwise would be suffered by any applicant, without the consent of the Owner of any adjoining or adjacent home. Any deviation shall be manifested by written agreement and shall not constitute a waiver of any restriction or provision of these Criteria as to any other home. The granting of a deviation or variance shall not nullify or otherwise affect the right to require strict compliance with the requirements set forth herein on any other occasion, and may only be granted by the APV Board, typically upon the recommendation of the DCB.
6.6.3 Disapprovals. It is intended that these Criteria will be applied equitably to all Applicants. The DCB's decision is based on discussion and voting by its members based on the standards of these Criteria. Decisions by the DCB can vary in the areas of aesthetics, color and texture, site location viz a viz adjacent construction and other variable factors. Such decisions are not intended to be nor should they be construed to be arbitrary decisions.
6.6.3.1 Grounds for Disapproval.
6.6.3.1.1 By way of example, and not of limitation, the DCB shall have the right to disapprove any plans and specifications submitted because of any of the following:
6.6.3.1.2 Failure to include information in such plans and specifications as may have been requested.
6.6.3.1.3 Failure of such plans or specifications to comply with the Declaration.
6.6.3.1.4 Objection to the exterior design, appearance or materials of any proposed structure.
6.6.3.1.5 Incompatibility of any proposed structure or of the proposed structure's use to any existing structures.
6.6.3.1.6 Objection to a location of any proposed structure with reference to other Lots or structures in the vicinity.
6.6.3.1.7 Objection to the grading plans for any Lot.
6.6.3.1.8 Objection to the color scheme, finish proportions, style or architecture, height, bulk or appropriateness of any proposed structure.
6.6.3.1.9 Objection to parking areas proposed for any Lot on the grounds of incompatibility to proposed uses or insufficiency of the size of the parking area.
6.6.3.1.10 Any other matter which, in the judgment of the DCB, would render the proposed structure or uses inharmonious with the general plan of improvement of the property or with structure or uses located upon other Lots in the vicinity.
6.6.3.1.11 The APV Board may adopt and promulgate rules and regulations, to be enforced by the DCB, regarding the preservation of trees and other natural resources and wildlife upon the property. If it shall deem it appropriate, the DCB may mark certain trees regardless of size as not removable without authorization from the DCB.
6.6.3.1.12 New applications will not be accepted or considered by the DCB if there are any known infractions or non -compliance of these Criteria existing at any of the Applicant's previously approved sites or any failure to pay Assessments.
6.6.3.1.13 Applicant's failure to repair damage to adjacent property. All damaged areas must be returned to like or better than original condition. Following notification by the APV of the violation, Applicant must rectify violations within a reasonable period of time taking into account insurance payments or other factors deemed relevant by the DCB.
6.6.3.1.14 Failure to comply with any requirements in these Criteria.
6.6.3.1.15 Failure to comply with Declaration requirement for payment of Assessments. Assessments must be current prior to submission for DCB approval in all properties owned by the Applicant.
6.7 Appeals. All disapprovals are subject to appeal and will be reviewed either by the DCB or the APV Board upon the written request of the Applicant to appear before the DCB or the APV Board. Appeals to APV Board must be made for the purpose of amending the subject rule as it applies to ALL Applicants. Requests to appeal a decision as it relates to a specific application and case -by -case appeals will not be considered by the APV Board, instead, those appeals will be heard and decided by the DCB. All requests for appeal shall be in writing and be submitted with a full explanation and detailed information substantiating the appeal. All DCB or APV Board decisions on appeals shall be final.
6.8 Repeated Violations. In cases of repeated violations of these Criteria by any Applicant, including his or her subcontractors, the DCB may require a cash payment of up to $500 be deposited for each building request submitted. After a fifth (5th) infraction in any calendar year, the deposit will escalate to $1,000 for each building request. The deposit will be returned upon satisfactory final inspection by the DCB after completion. Failure of the Applicant to rectify DCB violations within thirty (30) days after notification by the DCB may result in imposition of a fine payable from the cash bond for site in question. If the Applicant does not rectify the violation within thirty (30) days after notification from the DCB, the DCB will have the option to either request that fine(s) be imposed and/or use the cash payment funds to rectify the violation and/or pursue any and all legal rights in law or equity. OPTION:
The Applicant may establish a deposit account in the form of cash, bond. or letter of credit, in a sum acceptable to both parties (i.e., $5,000.00 or more), with the understanding that the Applicant is obliged to maintain a credit balance and increase the same to the maximum amount required within ten (10) days of a request to do so by the DCB.
7. Design, Criteria, Structures.
7.1 Establishment of Criteria. The following Criteria are established by the APV Board as recommendations for all residential, commercial and institutional structures, walls, fences, and improvements. It is the intent of these Criteria to provide a visual impression with as many natural surfaces, textures and colors as is possible and to prevent abrupt texture and color variations.
7.2 Elevations. All elevations for each structure should meet the applicable County requirements, as determined by the DCB.
7.3 Exterior Materials. The following exterior materials and colors are acceptable:
7.3.1 Concrete or clay brick finished or painted in subdued tones. The final color is subject to DCB approval.
7.3.2 Vertical or horizontal wood siding, stained or treated for weathered look. Aluminum, vinyl or hardboard siding below eight feet (8') in height may be approved if the DCB finds this material compatible with its surroundings. Any lumber used for the purpose of exterior siding, fascia or trim must be approved. Siding samples are required for aluminum, vinyl and hardboard.
7.3.3 Concrete block, when used, must be painted or stucco covered.
7.3.4 Stone or decorative block.
7.3.5 Roofing shall be subdued tone. Asphalt or fiberglass shingles, wood shake, slate, tile and other materials may be considered by the DCB. The final color of roofing is subject to DCB approval.
7.3.6 The final color of all stucco is subject to DCB approval. The color used and the location of the building so painted should blend with surrounding houses. The DCB may allow painted struck block on side and rear elevations.
7.3.7 Materials for exterior finishing other than those listed above must be submitted to the DCB for consideration. Samples should be provided. Any changes to approved Criteria must be approved by the APV Board.
7.4 Garages. All single family homes must have a garage. Carports are only permitted in Village Nine (Broadmoor). Minimum dimensions for a one (1) car garage are eight feet (8') wide by eighteen feet (18') long clear space. Minimum dimensions for a two (2) car garage are sixteen feet (16') wide by eighteen feet (18') long clear space. Openings of garages shall have garage doors. Interiors of garages of frame -structure houses shall be finished with dry wall. Homes with three (3) or more bedrooms, or two (2) or more bedrooms with a den, must have a two (2) car garage, except for Village Nine (Broadmoor). The DCB may permit deviations from this Section for homes built prior to January 1, 2002 that were constructed with DCB approval but do not conform to these garage requirements. Garages accommodating more than two (2) cars may be permitted with DCB approval. Notwithstanding any other provision hereof, a garage shall not be converted into a bedroom or into a room for any other type of use.
7.5 Screen Doors in Front of Garages. Screen doors are permitted in front of existing garage door based on the following conditions:
7.5.1 Screening must be framed in complimentary color and be placed on a tracking system.
7.5.2 Garage area must be used for a garage only and not converted into an extra room of any style.
7.6 Storage Tanks. Storage tanks of any description must be placed below ground or screened from view.
7.7 Storage Sheds. Storage sheds are allowed, however, a maximum total dimension of two-hundred (200) square feet shall not be exceeded. Notwithstanding the foregoing, Broadmoor (Village Nine) has different requirements for storage sheds.
7.8 Window Air -Conditioners. No window air-conditioners shall be permitted without screening by appropriate material or shrubbery. Window units must not be installed more than four (4) feet above ground level.
7.9 Wiring. Secondary underground distribution wiring from street to building is mandatory and shall be the responsibility of the individual/Owner builder when not otherwise defined by contract. Primary wiring along arterial streets may be of overhead design when deemed appropriate by the applicable power utility.
7.10 Height. Height limitation in single family residential dwellings shall be thirty feet (30'). Height limitations in multi -family residential shall be determined by the land use plans. Minimum roof pitch for all residential units is 4/12 except within Broadmoor.
7.11 Pools. In -ground swimming pools are permitted but above-ground pools are prohibited, except for children's wading pools. Children's wading pools cannot have lining, pump or filter and must not exceed thirty -six inches (36") in depth. County requirements for fencing or screening pools must be complied with.
7.12 Dust and Erosion. Dust abatement and erosion control measures are the responsibility of the Applicant in all stages of construction. Construction site trash must be removed weekly. Each construction site must be provided a wire cage or basket for debris; roll-off containers are preferred.
7.13 Parking. All new individual resident's plans shall include provisions for at least two off -street parking spaces per single family residence, excluding the garage.
7.14 House Numbering. All Applicants for the construction of new residential units will provide house numerals in accordance with local requirements.
7.15 Chimneys. Chimneys on all homes will NOT be of the exposed metal stovepipe type. Chimneys must be sided with materials consistent with the exterior of the home.
7.16 Access. When residential Lots have access from more than one (1) street, vehicular access must be from the minor street only.
8. Setback Lines and Building Siting. Because the establishment of standard flexible building setback lines for location of houses on Lots tends to force construction of houses both directly behind and directly to the side of other homes with detrimental effects on privacy, preservation of important trees, and other issues, variations in setbacks are encouraged. The structures will be located with regard to the topography of each individual Lot, taking into consideration, the location of large trees and similar considerations. The DCB shall have the right to disapprove housing plans on the basis of improper siting. For further information respecting setbacks, please see Exhibit 1 attached hereto and made a part hereof. To the extent that any plat requires larger setbacks than specified in Exhibit 1, then the setbacks in such plat shall control.
9. Design Criteria Landscaping. Landscape plans shall consist of the scale of no less than one inch (1") equals thirty feet (30') and will indicate plant materials, sprinkler systems, if any, and path and drive materials. Plans with different scales may be accepted for large -scale developments.
9.1 Exterior Elements. This Section 9.1 of these Criteria deals with the elements of landscaping and exterior elements.
9.1.1 Driveways and Walks. Concrete, asphalt, or brick pavers will be characteristic of the driveways required. Walks shall be of the same materials.
9.1.2 Vegetation. Care shall be taken to preserve any natural trees, shrubs or other desirable vegetation existing on property and Applicants are urged not to remove trees unnecessarily.
9.1.3 Minimum Landscaping. Upon completion of a building site or section development, unless the requirements are met with natural vegetation, all building areas shall have the following minimum landscaping provided by the builder/developer according to a site plan which has been previously approved by the DCB.
9.1.3.1 No less than three (3) 1-1/2" caliper hard wood native trees D.B.H. (Diameter Breast Height) on each Lot. The front or each house shall have a minimum of ten (10) shrubs in plant beds.
9.1.3.2 Lots must be fully sodded.
9.1.3.3 These minimum amounts of required landscaping will be the unit Owner's responsibility to maintain in perpetuity.
9.1.3.4 These minimums may be exchanged or otherwise altered by the APV Board, upon the recommendation of the DCB for site if the net effect of change results in a similar high quality of landscaping.
9.1.4 Multiple Family Screening. Multi -family dwelling property lines adjacent to other residential uses shall be adequately screened with landscaping or fencing.
10. Commercial and Institutional Buildings. It is the intent of these Criteria to exercise architectural control over commercial and institutional structures, so that these structures will blend with their scale and material selection into the portion of the Poinciana Villages that they serve. Each commercial and institutional area will be reviewed by the DCB on a separate basis with this intent as a guideline. All commercial buildings must be constructed in accordance with the applicable County code.
11. Signage. Preliminary and Final Designs of all signage visible from the outside of the buildings must be submitted to the DCB for approval as to their structural and site compatibility. All signage must be in accordance to the Poinciana Signage Requirements attached hereto as Exhibit 2.
12. Building Alterations, Additions, Detached Structures and Maintenance. (See also Section 7 of these Criteria) Case history and approved listings of the building materials and colors approved by the DCB are available at the Office of the APV.
12.1 All Additions Require Approval. Any addition to an existing building, any exterior alteration, modification or change to an existing building, or any new detached structure must have the approval of the DCB before any work is undertaken. Examples of such projects include a deck, greenhouse, fireplace, fence, or added concrete surfaces.
12.2 No Temporary or Portable Structures. Any addition, exterior alteration, modification or change to any existing building shall not be portable or temporary and shall be compatible with the design character of the original building. Any new detached structure shall be compatible with the parent structure. Please note specific requirements for mobile homes in Village Nine (Broadmoor) below.
12.3 Awnings and Shutters. Awnings and shutters which are compatible with the parent structure may be considered on a case by case basis by the DCB. The preferred material is aluminum.
12.4 Exterior Materials. Only the exterior materials existing on the parent structure or compatible with the architectural design character of the Poinciana Villages will be approved.
12.5 Exterior Colors. Exterior color changes are subject to DCB Administrative Review. Proposed color must be in harmony and blend with the other existing homes in the immediate vicinity.
12.6 Maintenance. All homes' exteriors and ancillary structures on Lots must be maintained and not be allowed to deteriorate or become unsightly. The DCB inspector shall determine, in conjunction with the DCB members, the need to repaint or repair exteriors to maintain harmony and blend with the other existing homes in the immediate vicinity (i.e., paint peeling, torn screens, broken windows, replace landscaping and like situations).
12.7 Fencing.
12.7.1 Residential Fencing Generally. Any residential fence or screen must have the approval of the DCB before installation is undertaken. No sidewall or hedge, wall or fence taller than four feet (4') shall extend further to the front of the Lot than the front corner of the main structure or house wall nearest each Lot line. No fencing is permitted in the front of a home except low ornamental fencing. The maximum height of any fence for a home is six feet (6') excluding fences for tennis courts and swimming pool enclosures. Notwithstanding the foregoing, the APV Board may grant fencing variances.
12.7.2 Commercial and Institutional Fencing. Commercial and institutional fencing will be considered by the DCB on a case -by -case basis.
12.7.3 Vehicular Traffic Sight Lines. No fence or screen will be approved if its installation will obstruct sight lines for vehicular traffic. Road rights -of -way will be maintained as green areas.
12.7.4 Types of Fencing. Only wood, wrought iron, block, brick, vinyl PVC, vinyl coated chain type with top rail or chain link fencing with top rail will be approved if the design is in general conformity with the architectural design of the Poinciana Villages. No wall or fence shall be erected or placed within the front setback lines of any Lot, unless such wall or fence shall be ornamental and a desirable feature and shall not in any manner impair the general scheme of the Poinciana Villages. Block walls shall be stuccoed, painted and regularly maintained. Notwithstanding the foregoing, Village Nine (Broadmoor) has different fencing material requirements as set forth below.
12.7.4.1 All fencing must be in accordance with these Criteria; however, wood fencing must be treated with paint or stain in subdued tones approved by the DCB. All fencing must be maintained.
12.7.4.2 All fencing or screening should preferably have finished materials on both sides. If only one side has finished materials, the finished side must face the public side of the individual Lot.
12.7.4.3 Trees, hedges and shrubs which restrict sight lines for vehicular traffic shall be cut back or removed. Grass on all Lots with homes must be maintained with a maximum height not to exceed eight inches (8"). Maintenance of grass is the responsibility of the property Owner.
12.8 Antennas.
12.8.1 Exterior antennas are permitted but those of the larger C -B or HAM rig type are discouraged. If an antenna is erected by an individual resident, it should be located as inconspicuously as possible and must be in conformance with the Federal Communications Commission (FCC) Regulations.
12.8.2 In order to make sure that satellite dishes and antennas are placed in a location that will not endanger the health, safety and welfare of the Poinciana Villages residents, written consent of the DCB is required for approval to install satellite receiving antennas or related type equipment. Satellites dishes up to 1 meter (39 inches) in diameter and ground mount masts up to 12 feet maximum vertical position will be approved administratively. The proposed location shall not endanger the health, safety or welfare of the Poinciana Villages residents.
12.9 Exterior Lighting. Exterior lighting is permitted but shall not be directed in such a manner as to be annoying to nearby homes.
12.10 Portable or Temporary Structures. Portable or temporary structures are not permitted. However, the following are permitted:
12.10.1 Outdoor clothes dryers of the carousel/umbrella or T -type. Outdoor drying lines should be screened with shrubbery and placed to the rear of the Lot.
12.10.2 Child play equipment (i.e., swings, slides, jungle gyms). Such equipment should be prefabricated and erected to the rear of the house as inconspicuously as possible. Equipment combining a storage shed with play equipment is prohibited.
12.10.3 Basketball hoops are allowed only in one of three locations: above the garage door, to the rear of the house or a temporary or permanent basketball hoop alongside the driveway as long as the backboard and pole are located at the wide side of the properly. All basketball hoops must have DCB approval. Only one basketball hoop per homesite will be approved. Basketball hoops must not encroach upon any county easements.
12.11 Model Center. Model Center ONLY Criteria:
12.11.1 All model center layouts to be approved by the applicable County and the DCB.
12.11.2 Driveways may be omitted until residential occupancy occurs providing adequate alternative parking is provided.
12.11.3 Sidewalk for model pedestrian access may be constructed.
12.11.4 Ornamental fences to a maximum of three feet (3') high may be installed in front, side or rear of models.
12.11.5 Additional landscaping, irrigation and accent lighting may be included.
12.11.6 Signage for Model Centers shall be as follows:
12.11.6.1 One six foot (6') by four foot (4') identification sign may be utilized for each model center plus one small descriptive sign for each model and customary welcome flags, etc.
12.11.6.2 The only signs allowed are identification and directional. Only model's name, number of rooms, phone number and name of builder are allowed as model signs.
12.11.7 Temporary pedestrian entry doors may be affixed to the front and/or side of the garage together with decorative awnings.
12.11.8 A letter of agreement and a $5,000 Irrevocable Letter of Credit, CD or similar device will be deposited with the APV per each home in the model center that does not comply with these Criteria to insure that all model center residences will conform to these Criteria prior to residential occupancy. Such security deposit will be released upon satisfaction that the model home has been brought in compliance with residential requirements. If the requirement is not satisfied, the APV Board will have the option to either draw upon such security to bring the home(s) in question into compliance with these Criteria upon occupancy for residential purposes and/or request that fines be imposed and/or pursue any and all legal rights in law or equity. 13. Building Permits and Codes.
13.1 Approval of any project by the DCB does not waive the necessity of obtaining the required County building permits. Obtaining a County permit does not waive the need for DCB review. The letter of approval from the DCB may facilitate obtaining the required County building permit.
13.2 The DCB will not knowingly approve a project which is in violation of the applicable County Building or Zoning Codes.
14. Enforcement. Enforcement shall be in accordance with the Declaration.
15. DCB.
15.1 Right to Inspect. The DCB, its agents and members specifically reserve the right of entry and inspection upon any portion of the Poinciana Villages for the purpose of determining whether there exists any violation of the terms of any approval or the terms of the Declaration or the Criteria set forth herein. Without limiting the foregoing, the DCB shall have the right to make inspections during the construction of any structure or improvement to ensure that such structure or improvement is being constructed in accordance with the plans previously submitted to and approved by the DCB. Neither the DCB nor any member or agent thereof shall be deemed to have committed a trespass or other wrongful act by reason of such entry and inspection.
15.2 New Standards and Policies. The APV Board may, from time to time, adopt new standards and policies and/or modifications to these Criteria. The DCB may suggest to the APV Board, from time to time, amendments and/or modifications to these Criteria. Upon adoption by the APV Board, such standards and regulations shall govern the performance or conduct of Owners, contractors and their respective employees within the Poinciana Villages, for the purpose of ensuring compliance with the regulations set forth in the Declaration. Each Owner and contractor shall comply with such standards and regulations and cause its respective employees to also comply with same. Such standards and regulations shall also govern the form and content of plans to be submitted for approval including, without limitation, exterior lighting and planting of trees and may issue statements of policy with respect to approval or disapproval of the architectural styles or details. Such rules and regulations may be amended or revoked at any time.
15.3 Change Orders. The DCB shall, without incurring any liability, have the right to prepare change orders and order minor changes while the approved work is in progress.
16. Liability.
16.1 No Responsibility. Neither the DCB nor any of its members shall be responsible for:
16.1.1 Construction, means, methods, techniques, sequences or procedures of the safety precautions.
16.1.2 The Owner's failure to carry out the work in accordance with contract documents.
16.1.3 The acts of omissions of the contractors, subcontractors or any of their agents or employees performing any of the work.
16.2 Held Harmless. Avatar, the APV, and the DCB, and their agents, servants, employees or other designees, shall be held harmless from any and all claims, damages, losses, and expenses including, without limitation, attorney fees and paraprofessional fees at trial and upon appeal arising out of their actions or decisions.
16.3 Owner Responsibility. Each Owner is responsible for insuring compliance with all terms and conditions of the Criteria set forth herein by all of its employees and contractors. In the event of any violation of any such terms or conditions by any employee or contractor, or, in the opinion of the DCB, the continued refusal of any employee or contractor to comply with such terms and conditions, after five (5) days notice and right to cure, the DCB shall have, in addition to the other rights hereunder, the right to prohibit the violating employee or contractor from performing any further services in the Poinciana Villages. Each Owner is responsible for restoring any Common Areas damaged or destroyed by work activities of such Owner's contractor(s).
17. Severability. Invalidation or removal of any of these rules or regulations by judgment, decree, court order, statute, ordinance, or amendment by the DCB, shall in nowise affect any of the other provisions which shall remain in full force and effect.
18. Broadmoor, Village Nine.
18.1 General. Broadmoor, or Village Nine, is a mobile home park off of Poinciana Boulevard, just south of U.S. Highway 17 -92. Broadmoor is a Village. It has a separate Association (the "Broadmoor Association") with its own Board of Directors. Broadmoor is represented on the DCB. In addition to the other provisions of these Criteria, this Section is applicable to Broadmoor ONLY and encompasses the provisions of the Declaration of Use Restrictions for Broadmoor at Poinciana. Notwithstanding any of the other provisions of these Criteria, in the event this Section 17 shall conflict with any other Section of these Criteria, this Section 18 shall control as to Broadmoor ONLY.
18.2 Requirements. Any mobile home installation upon any Lot within Broadmoor shall be in accordance with the standards and requirements of the DCB with the exception of Lots owned by Avatar. On Lots owned by it, Avatar shall have the right to approve the manner of installation and type of any mobile home. All such installation must meet the Building Code of Osceola County as well as other regulatory requirements in effect.
18.2.1 Minimum Installation and Placement. All such mobile homes shall be placed and installed at the Owner's expense and shall meet the following minimum installation and placement requirements and be approved by the DCB or Avatar, as applicable. Those residents who become residents in Broadmoor after the effective date of these Criteria, shall not be required to have and maintain carports. Therefore, the following carport regulations shall only apply to those residents who currently have and maintain carports and to future residents who opt to have carports.
18.2.1.1 An aluminum fabricated carport roof including posts and fascia;
18.2.1.2 A concrete patio slab covered by an aluminum fabricated roof including posts and fascia;
18.2.1.3 A concrete carport slab;
18.2.1.4 One driveway extending from carport, slab to curb including flair at curb;
18.2.1.5 Shingle roofs shall be installed on all mobile home units;
18.2.1.6 No singlewide mobile homes shall be permitted;
18.2.1.7 Skirting material sufficient to enclose entire base of home;
18.2.1.8 Water, sewer and electricity connected from mains to home;
18.2.1.9 Landscaping with appropriate plants, grass, shrubs and/or trees;
18.2.1.10 Mobile home completely set up on piers, leveled, and running gear and tongue removed;
18.2.1.11 Mobile home tied down and inspected; and
18.2.1.12 Preliminary and final surveys by a Registered Surveyor.
18.2.2 Setbacks. In addition, all such placement and installation shall allow for the setbacks provided in Exhibit 1 attached hereto, except for air -conditioners, walkways and steps where no vertical supports are used.
18.2.3 Fencing. Fencing will not be permitted on the perimeter of any Lot where drainage canals or swales exist. Where fencing is permitted, it shall consist only of chain link and must be four feet (4') high (no more and no less). 18.2.4 One Home Per Lot. No more than one mobile home shall be placed in each Lot, with the exception of two or three mobile homes which are joined to form a single dwelling.
18.2.5 Minimum Size. No mobile home installed within Broadmoor shall be less than thirty -four feet (34') in length, including hitch, and twenty feet (20') in width.
18.2.6 Sanitary Facilities. Any mobile home placed on any Lot or Lots must have complete sanitary facilities including a lavatory, wash basin, tub or shower, and kitchen sink and must be connected to sewage outlets and the water supply in conformity with Osceola County Health Requirements.
18.2.7 Used Homes. No used mobile home shall be permitted to be installed without the prior written approval of the DCB; provided, however Declarant may install the same if Declarant owns the Lot. The DCB's written approval of used mobile homes shall be base on, but not limited to, the condition of the used mobile home as "As New".
18.3 Single Family Restriction. All Lots within Broadmoor shall be used for single family residential use only.
18.4 Avatar. With regard to Lots owned by it, Avatar has the right to specify and approve of the quality of workmanship and materials as well as the style and design of mobile homes located on its Lots in order to insure uniformity and harmony of external design and construction. In addition, Avatar has the right to specify minimum square footage requirements of mobile homes on its Lots as well as to approve of any additions thereto subject only to the requirement that the square footage not be less than the minimum requirements set forth in Section 18.2.5.
18.5 Waterbodies. No dock, wharf, landing, boat house, boat or other structure extending into or over the lake, canal, waterway or drainage easement within Broadmoor shall be permitted.
18.6 Septic Tanks and Wells. No septic tank shall be constructed within Broadmoor. A well may be constructed for irrigation purposes only.
18.7 Signs and Advertisements. Unless installed by Avatar, no signs or advertisements shall be displayed in or about Broadmoor of rights -of -way except with the expressed written permission and approval of the DCB and in accordance with specifications designated by DCB.
19. Hold Harmless. Developer, APV and its Board of Directors, officers, members and agents (the "APV Representatives") and the DCB and its members and agents (the "DCB Representatives") or any other person acting on behalf of any of them, shall not be liable for any cost or damages incurred by any applicant or any other party whatsoever, due to any mistakes in judgment, negligence, or any action of Developer, APV Representatives or DCB Representatives in connection with the approval or disapproval of plans and specifications. Each Owner agrees, individually and on behalf of its heirs, successors and assigns by acquiring title to a home, that it shall not bring any action or suit against Developer, APV Representatives or DCB Representatives in order to recover any damages caused by the action of Developer, APV Representatives or DCB Representatives in connection with the provisions of this Section. Developer, APV Representatives and DCB Representatives shall not be responsible for any defects in plans or specifications or the failure of same to comply with applicable laws or code nor any defects in any improvements constructed thereto. Each applicant submitting plans and specifications for approval shall be solely responsible for the sufficiency thereof and for the quality of construction performed thereto.
20. Amendments to Criteria. Any modifications or amendments to these Criteria shall be consistent with the provisions of the Declaration, and shall not be effective until approved by the APV Board. Notice of any modification or amendment to these Criteria, including a verbatim copy of such modification or amendment, shall be posted within the Poinciana Villages, provided, however, the posting of such modification or amendment shall not constitute a condition precedent to the effectiveness or validity of such modification or amendment.
EXHIBIT 1
SETBACK AND OTHER RESTRICTIONS
EXHIBIT 2
MASTER SIGNAGE CRITERIA
FEE SCHEDULE DELETED AS PER REQUEST
FINE PROVISIONS NOT INCLUDED AS CONTRARY TO CH. 720 OF THE FLORIDA
STATUTES; SEE DECLARATION
DESIGN CONTROL BOARD CRITERIA AMENDMENT
APPROVED BY APV BOARD OF DIRECTORS 2/11/03
Paragraph 6.2 Application
Add at the end of the first sentence "and a complete survey, BY A FLORIDA LICENSED SURVEYOR, denoting layout of home with all setbacks, driveway, slabs, sheds or accessory buildings, landscaping layout, as well as a statement that the lot just be fully sodded." Paragraph 9.1.1 Driveways and Walks Add at the end of the first sentence "driveways may not exceed a total of 24' combined width."
Approved by the APV Board of Director's at February 11, 2003
Meeting: Page 18
Paragraph 12.2.1 Minimum Installation and Placement
12.2.1.13 Complete survey, by a Florida Licensed Surveyor, denoting layout of home with all setbacks, driveway, slabs, shed or accessory buildings, landscaping layout, as well as a statement that the lot must be fully sodded.
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AMENDMENT TO THE DESIGN CONTROL BOARD CRITERIA
APPROVED BY APV BOARD OF DIRECTORS 6/10/03
Deleting a portion of DCB Criteria 7.12 Dust and Erosion 2nd and 3rd sentences, to read:
7.12 Dust and Erosion. Dust abatement and erosion control measures are the responsibility of the Applicant in all stages of construction.
And deleting, "Construction site trash must be removed weekly. Each construction site must be provided a wire cage or basket for debris; roll off containers are preferred."
AMENDMENT TO THE DESIGN CONTROL BOARD CRITERIA
APPROVED BY APV BOARD OF DIRECTORS 4/13/04
Add paragraph to DCB Criteria to read:
7.17 Pricing. The Board of Directors approved the listing of pricing on any approved housing signage within Poinciana.
12.11.6.2 The only sings allowed are identification and directional. Only model's name, price, number of rooms, phone number and name of builder are allowed as model signs.
DESIGN CONTROL BOARD CRITERIA ADDITION
INCREASE OF DCB FEES FOR FAILURE TO OBTAIN DCB APPROVAL
APPROVED BY BOARD OF DIRECTORS 6/8/04
6.4.1 Fees charged builders who begin construction without Design Control Board approval will be doubled in lots that are in violation.
DESIGN CONTROL BOARD CRITERIA AMENDMENT
METAL ROOFING
APPROVED BY BOARD OF DIRECTORS 6/8/04
7.3.5 Roofing shall be subdued tone. Asphalt or fiberglass shingles, wood shake, slate, tile, shake & standing seam metal and other materials may be considered by the DCB except Broadmoor - Village 9. The final color of roofing is subject to DCB approval.
DESIGN CONTROL BOARD CRITERIA ADDITION
CHILDREN'S POOL
APPROVED BY BOARD OF DIRECTORS 6/8/04
7.11 add to paragraph: BY 11 FEET DIAMETER, to read as follows:
7.11 Pools. In-ground swimming pools are permitted but above-ground pools are prohibited, except for children's wading pools. Children's wading pools cannot have lining, pump or filter and must not exceed thirty-six inches (36") in depth by eleven feet (11') diameter. County requirements for fencing or screening pools must be complied with.
DESIGN CONTROL BOARD CRITERIA ADDITION
FOUNDATION
APPROVED BY BOARD OF DIRECTORS 6/8/04
7.18 Foundation for homes, except Broadmoor - Village 9, must be poured cement.
DESIGN CONTROL BOARD CRITERIA ADDITION
GAZEBOS
APPROVED BY BOARD OF DIRECTORS 6/8/04
12.3.1 Gazebo. Permanently installed gazebos, on a poured cement foundation with tiled roof and decorative skirting, are allowed. Additionally, wrought iron canvas topped gazebos are permitted. All gazebos must be placed in the rear of the property outside of the easements.
DESIGN CONTROL BOARD CRITERIA AMENDMENT
DRIVEWAY WIDTH AMENDMENT
APPROVED BY BOARD OF DIRECTORS 10/12/04
9.1.1 Driveways and Walks. Concrete, asphalt, or brick pavers will be characteristic of the driveways required. Walks shall be of the same materials. Driveways may not exceed a total of 24' combined width. Homes with three car garages may have a driveway not to exceed 27' in width.
DESIGN CONTROL BOARD CRITERIA
AMENDMENT
APPROVED BY 2/9/05 BOARD OF DIRECTORS
Design Control Board Criteria read:
12.5 Exterior Colors. Exterior color changes are subject to DCB Administrative Review. Proposed color must be in harmony and blend with the other existing homes in the immediate vicinity. Delete second sentence.
Design Control Board Criteria to read:
12.5 Exterior Colors. Exterior color changes are subject to DCB Administrative Review. Design Control Board color scheme approvals will be based upon reasonable compatibility with other approved color schemes within the PUD. Bright, loud, very dark or incompatible/clashing color combinations are not acceptable and will be denied by the DCB. Murals and similar images are prohibited on roofs, walls, fences and other exterior surfaces.
DESIGN CONTROL BOARD CRITERIA
AMENDMENTS
APPROVED 2/9/05 BOARD OF DIRECTORS
Change to read as follows:
18.2.1.1 An aluminum fabricated carport roof including posts and fascia and wood structures; Change to read as follows:
18.2.1.5 Shingle, metal and/or rubber roofs shall be installed on all mobile home units.
DESIGN CONTROL BOARD CRITERIA
LANDSCAPE AMENDMENT
APPROVED BY BOARD OF DIRECTORS 4/12/05
Paragraph 9.1.3.1 was changed to read as follows:9.1.3.1 No less than two (2) 1-1/2" caliper hard wood native trees D.B.H. (Diameter Breast Height) on each Lot. The front of each house shall have a minimum of ten (10) shrubs in plant beds.
Amendment to Design Control Board Criteria
Approved by APV Board of Directors on June 14, 2005
This change supercedes all previous changes and additions to read as
follows:
"12.5 Exterior Colors. Exterior color changes must have written DCB approval prior to paint application. Design Control Board color scheme approvals will solely be represented in the Poinciana Residential Paint Color Selection Book for review at the APV Administration Office. There are a total of 57 color grouping selections to choose from. Murals and similar images are prohibited on roofs, walls, fences and other exterior surfaces."Approved by the APV Board of Director's on August 9, 2005 Meeting:Approved at February 15, 2006 APV Board of Directors' Meeting: Remove sentence "There are a total of 57 Color Grouping Selections to Choose from"
Design Control Board to Read:
Paragraph 12.5 Exterior Colors: Exterior color changes must have written DCB approval prior to paint application. Design Control Board color scheme approvals will solely be represented in the Poinciana Residential Paint Color Selection Book for review at the APV Administration Office. Colors in the Poinciana Residential Paint Color Selection Book are interchangeable in combination as long as they do not conflict and as long as a wall color stays a wall color. Trims are interchangeable. Murals and similar images are prohibited on roofs, walls, fences and other exterior surfaces.This change supersedes all previous changes and additions to read as follows:
Paragraph 12.5 Exterior Colors: Exterior color changes must have written DCB approval prior to paint application. Design Control Board color scheme approvals will solely be represented in the Poinciana Residential Paint Color Selection Book for review at the APV Administration Office. There are a total of 57 color grouping selections to choose from. Colors in the Poinciana Residential Paint Color Selection Book are interchangeable in combination as long as they do not conflict and as long as a wall color stays a wall color. Trims are interchangeable. Murals and similar images are prohibited on roofs, walls, fences and other exterior surfaces.
Amendment to Design Control Board Criteria
Approved by APV Board of Directors on April 11, 2006
This change supercedes all previous changes and additions to read as
follows:
AMENDMENTS TO DESIGN CONTROL BOARD CRITERIA
ALL italicized LETTERING ARE THE CHANGES
Page 1 of 2
7.8 Window Air-Conditioners. No window air-conditioners shall be permitted without screening by appropriate material or shrubbery. Window units must not be installed more than four (4) feet above ground level, except as it applies to Broadmoor (Village 9).
8. Setback Lines and Building Sitting. Because the establishment of standard flexible building setback lines for location of houses on Lots tends to force construction of houses both directly behind and directly to the side of other homes with detrimental effects on privacy, preservation of important trees, and other issues, variations in setbacks are encouraged. The structures will be located with regard to the topography of each individual Lot, taking into consideration, the location of large trees and similar considerations. The DCB shall have the right to disapprove housing plans on the basis of improper sitting. For further information respecting setbacks, please see Exhibit 1 attached hereto and made a part hereof. To the extent that any plat requires larger setbacks than specified in Exhibit 1, then the setbacks in such plat shall control.
8.1 Ancillary Structures. All ancillary structures must be ten feet (10') away from the rear property line and seven and a half feet (7.5') from the side property line. Any attached roofed vertical structure must have a minimum of twenty feet (20') rear setback, seven and a half feet (7.5') side setback and twenty five feet (25') front setback, with the exception of pie shape corner lots, which have a ten feet (10') rear setback, seven and a half feet (7.5') side and twenty five feet (25') front setback.
12.2 No Temporary or Portable Structures. Any addition, exterior alteration, modification or change to any existing building shall not be portable or temporary and shall be compatible with the design character of the original building. Any new detached structure shall be compatible with the parent structure. Dog kennels are not allowed, however, dog runs are allowed, but, must be accompanied by a dog house for protection from the elements. No more than two (2) pets are allowed per household. All structures must stay away from the established setbacks. Please note specific requirements for mobile homes in Village Nine (Broadmoor) below.Fencing
12.7.1 Residential Fencing Generally. Any residential fence or screen must have the approval of the DCB before installations is undertaken. No sidewall or hedge, wall or fence taller than four feet (4') shall extend further to the front of the Lot than the front corner of the main structure or house wall nearest each Lot line. No fencing is permitted in the front of a home except low ornamental fencing such as split rail, picket, wrought iron, cement banisters, vinyl picket. Ornamental fencing in the front of the house must stay outside the County Right of Way. The maximum height of any fence for a home is six feet (6') excluding fences for tennis courts and swimming pool enclosures. Notwithstanding the foregoing, the APV Board may grant fencing variances.
Amendment to Design Control Board Criteria
Approved by APV Board of Directors on April 11, 2006
This change supercedes all previous changes and additions to read as
follows:
AMENDMENTS TO DESIGN CONTROL BOARD CRITERIA
ALL italicized LETTERING ARE THE CHANGES
Page 2 of 2
12.7.4 Types of Fencing. Only wood, wrought iron, block, brick, vinyl PVC, vinyl coated chain type with top rail or chain link fencing with top rail will be approved if the design is in general conformity with the architectural design of the Poinciana Villages. "Lattice" can be only used if built in and framed in privacy fence, not attached. No wall or fence shall be erected or placed within the front setback lines of any Lot, unless such wall or fence shall be ornamental and a desirable feature and shall not in any manner impair in the general scheme of the Poinciana Villages. Block walls shall be stuccoed, painted and regularly maintained. Notwithstanding the foregoing, Village Nine (Broadmoor) has different fencing material requirements set forth below.
7.4.1 Detached Garages. Detached garages must be built on a cement slab and must match the materials and roofing of the main structure. Driveways to the detached garage must be compatible with the existing driveway/walkway.
12.10.4 Projection Screens are not allowed outside of dwelling.Approved at February 10, 2007 APV Board of Directors' Meeting:Paragraph 12.5 Exterior Colors: Exterior color changes are subject to DCB Administrative Review. Proposed color must be in harmony and blend with the other existing homes in the immediate vicinity. Exterior color changes must have written DCB approval prior to paint application. Design Control Board color scheme approvals will solely be represented in the Poinciana Residential Color Selection Book for review at the APV Administration Office. Colors in the Poinciana Residential Paint Color Selection Book are interchangeable in combination as long as they do not conflict and as long as a wall color stays a wall color. Trims are interchangeable. Murals and similar images are prohibited on roofs, walls, fences and other exterior surfaces. (Amended 2/15/2006). Notwithstanding anything herein these Criteria to the contrary, all requests for relief from the provisions of this section, whether denominated a request for a variance, deviation or appeal, shall be limited to the DCB. Further review by the APV Board shall not be available. (Amended 4/10/2007)