Building Guidelines (Building Scheme & Schedule Of Restrictions )

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Land Title Act Exhibit 2

 

FORM 35

 

(Section 220(1))

 

DECLARATION OF BUILDING SCHEME

 

SCHEDULE OF RESTRICTIONS

July 9, 2008

 

1. An owner may use a lot for residential purposes and for a Bed and Breakfast. Only one single family residence is allowed on each lot.

 

2. An owner may not use or permit the use of any lot for commercial, industrial, agricultural, campground, lodge, or non-residential uses. An owner may not use or permit to be used any lot for any purpose which is offensive, dangerous or noisy. An owner may not do or permit to be done anything on any lot which may be an annoyance or nuisance to any occupier of any other lot.

 

3. No temporary buildings, trailers, or mobile homes are allowed on a lot. Recreational vehicles may be parked on a lot and may be occupied temporarily, but not as a permanent residence.

 

4. Modular homes are permitted on a permanent foundation.

 

5. All buildings must meet British Columbia and Canada building code or engineer certified standards in all respects at the time of construction. Wood burning stoves, heaters and furnaces must meet the highest emission standards in place at the time of construction of the building where they will be placed. Water appliances must be low volume use appliances.

 

6. Building can only take place within sites approved by the Declarant.

 

7. (a) The exterior of all buildings must be completed within 12 months of the excavation of the ground for the building footings or basement. (Exteriors must incorporate stone, wood or other natural elements.) Exteriors cannot be vinyl clad or pink, purple or mauve in color. Exterior lighting must be low level and approved by the Declarant. Roof materials and colors must fit the rural character of the development of which a lot forms a part.

(b) No building, dwelling or other structure erected, constructed, placed or maintained on any lot and no such future structure shall be erected, constructed, placed or maintained on any lot unless the exterior finish and design thereof is in harmony with the exterior finish and design of the residence on the same lot.

(c) No building, dwelling or other structure shall be constructed with unpainted metal roofing or siding.

 

8. Residential buildings must be at least 150 square meters on the main floor.

 

9. Buildings on a lot less than three acres cannot exceed two floors in height; buildings on a lot greater than or equal to three acres cannot exceed three floors in height.

 

10. Propane tanks must not be visible from the road.

 

11. No building can be built within 20 meters of the road, unless otherwise approved.

 

12. Signage, other than address and name, is not allowed within sight of the road.

 

13. Vehicles must be parked more than 15 meters from the common property roadway.

 

14. (a) Pets are allowed on a lot. A maximum of two dogs and two cats or other small pets are permitted on any Lot. Pets must be under control at all times and not interfering with livestock or wildlife. Noise from dogs or other small animals must be controlled.

(b) Not more than fifteen poultry and no roosters are allowed on a lot. Horses, swine, cattle and other farm animals are not allowed on a lot.

(c) No Lot with permitted animals shall leave piles of animal waste. All Lots must be kept clean so that no offensive odors linger.

(d) Any animal which is not permitted by or controlled in accordance with this paragraph may be removed or caused to be removed by the Strata Corporation, the Declarant, or an agent or employee of the Strata Corporation or the Declarant.

 

15. Soil and other ground cover is not to be removed from a lot without the prior written approval of the Declarant, except for the purpose of laying foundations or for use in erecting such buildings.

 

16. Water is not to be stored on a lot except in a domestic cistern or to be removed from a lot.

 

17. Storage of uninsured vehicles and accumulation of debris, scrap metal and other chattels are not allowed to be visible from the common property roadway or neighbours. The Declarant has the right to enter upon the Lot to remove such items at the expense of the owner.

 

18. Garbage must be in containers at all times and not visible from the road. Garbage storage shall be secure from animals.

 

19. Standing water such as basins, ponds, or lakes are not allowed on a lot.

 

20. Hunting and shooting of firearms is not permitted on a lot.

 

21. At least 50% of the area of a lot must remain treed with natural vegetative ground cover, except that beetle killed wood must be removed and underbrush must be cleared of deadfall and other fire hazards.

 

22. Each lot must retain a 10 meter buffer of natural forest and vegetative ground cover along all of its boundaries, with the exception of one driveway entrance. The width and configuration of the driveway entrance must be approved by the Declarant.

 

23. No natural vegetation shall be removed from these buffer areas other than vegetation which is diseased or hazardous.

 

24. No further subdivision of any lot shall be permitted.

 

25. (a) Nothing contained in the Building Scheme shall be construed or implied as imposing on the Declarant and liability in the event of non-compliance with or non-fulfillment of any of the covenants, conditions or stipulations contained herein. The Declarant shall not be required to enforce, oversee, pursue, maintain or otherwise control or enforce these restrictions. (b) No condoning, excusing or waiver by any person of any default, breach or non-observance by any other person at any time or times in respect of any provision herein contained shall be a waiver in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of any person in respect of such continuing default, breach or non-observance, and no waiver shall be inferred.

 

26. Declarant reserves the right to use a lot as it sees fit to complete the project.

 

27. For the purposes of this document the Declarant is Golden Mountain Homes Ltd.

 

END OF DOCUMENT