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HomeMy WebLinkAbout17231 Bridger Vale Subdivision Declaration of Conditions, Covenants and RestrictionsBridger Vale Subdivision 1 Declaration of Covenants, Conditions and Restrictions After Recording Please Return to: Bridger Vale Owners’ Association Andy Ebbighausen PO Box 930 Manhattan, MT 59791 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BRIDGER VALE SUBDIVISION This Declaration of Covenants, Conditions and Restrictions (“Declaration”) is made and entered into on this day of , 2018, by Andy Ebbighausen, subdivider of the Bridger Vale Subdivision (“Declarant”). RECITALS WHEREAS, Declarant is the owner of the real property comprising the Bridger Vale Subdivision, which is more specifically described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”, “Bridger Vale Subdivision” or “Subdivision”). WHEREAS, it is the intent of Declarant, by and through this Declaration, to establish certain covenants, conditions and restrictions to encumber the Property, to regulate and control the use of the Bridger Vale Subdivision, and to place building and use restrictions on the Property for the use and benefit of Declarant and present and future Owners of the Property; WHEREAS, the purpose of this Declaration is to protect the value, character, desirability, and aesthetic nature of the Property; WHEREAS, when a Lot is purchased in the Bridger Vale Subdivision, the fee owner of real property within the Subdivision automatically becomes a member of the Bridger Vale Subdivision Property Owners’ Association (“Association”); and, WHEREAS, the Association shall be governed by a Board of Directors (“Board”), which shall implement, administer and enforce these covenants, conditions and restrictions, and NOW THEREFORE, the undersigned hereby establishes and declares that the following restrictions, covenants and conditions, which shall be applicable to and binding upon the Property, shall run with the Property and shall inure to the benefit of the Declarant, the Bridger Vale Subdivision, the Association and each Owner, and their or its, heirs, successors and assigns. Bridger Vale Subdivision 2 Declaration of Covenants, Conditions and Restrictions ARTICLE I PERSONS AND PROPERTY BOUND BY THE COVENANTS, CONDITIONS, AND RESTRICTIONS Section 1. Persons Bound by the Covenants, Conditions, and Restrictions. The covenants, conditions and restrictions shall be binding on the Association and Owners, including all parties having any right, title or interest in the Subdivision, including persons, groups of persons, corporations, partnerships, associations or other entities which shall hereafter acquire any interest in and to the Bridger Vale Subdivision, or any part thereof, their heirs, successors and assigns. Section 2. Property Bound by the Covenants, Conditions, and Restrictions. The covenants, conditions and restrictions shall be binding on the Property, which is more specifically described in Exhibit “A” attached hereto and incorporated herein by reference. ARTICLE II DEFINITIONS Architectural Review Committee. A committee of a minimum of three (3) members of the Association who review and approve proposals pursuant to Article IV of this Declaration, and in accordance with the provisions of this Declaration, the Commercial Lot Design Guidelines, Landscaping Plan, and the Townhouses Site Plan, Elevations, and Material Palate, attached as Exhibits B, C, and D, respectively. Articles of Incorporation or Articles. Articles of Incorporation of the Bridger Vale Subdivision Property Owners’ Association, Inc. as filed with the Montana Secretary of State on the day of , 2018, and any amendments and restatements thereto. Association or Owners’ Association. Bridger Vale Subdivision Property Owners’ Association, Inc., a Montana non-profit corporation operating pursuant to §35-2-113, et seq., MCA, its successors or assigns. Automobile. A two, three, or four, or more door passenger vehicle, sports utility vehicle, or pick-up truck with or without a canopy cover or topper, or a moped or motorcycle, which is primarily used for transporting a small number of people over public highways. Board of Directors or Board. Board of Directors of the Bridger Vale Subdivision Property Owners’ Association, Inc. Bylaws. Bylaws for the Bridger Vale Subdivision Property Owners’ Association, Inc., and any amendments or restatements thereto. Commercial Lot. Lot 1, Block 1 of the Bridger Vale Subdivision, and any other lots designed by the Declarant as a commercial lot subject to the Commercial Lot Restriction of this Bridger Vale Subdivision 3 Declaration of Covenants, Conditions and Restrictions Declaration of Covenants, Conditions, and Restrictions and the Commercial Lot Design Guidelines. Common Areas and Facilities. Common Areas and Facilities may include parks or parkland, boulevard strips in public rights of way along external subdivision streets and adjacent to parks and/or open space, common open space as defined in BMC 38.700.040, neighborhood centers (except for neighborhood commercial and civic uses and their grounds) as set forth in BMC 38.410.020, pathways as defined in BMC 38.700.150, lighting, stormwater facilities, and irrigation facilities installed in common areas. Declaration. This Declaration of Covenants, Conditions, and Restrictions, as it may, from time to time, be amended or supplemented. Lot. An area of land established by the subdivision plat, recorded in the public land records in the office of the Clerk and Recorder of Gallatin County, Montana, to be separately owned, developed, and used. Member. A Person who is an Owner of a Unit, Lot or Tract. If a Unit, Lot, or Tract is held by more than one Person, all co-Owners shall share the rights and obligations of membership in the Association, provided that there shall be collectively only one membership for each Unit, Lot, or Tract. Open Space. Lot devoid of buildings and other physical structures, except those accessory to the recreation use of the Lot, including, but not limited to, benches, picnic tables and interpretive signage, which is conveyed to the Association for use by the Association and its Members and Owners in common as identified on the final plat approved for the Bridge Vale Subdivision. Owner or Owners. All parties having any right, title or interest in the Bridger Vale Subdivision, including persons, corporations, partnerships, associations or other entities which shall hereafter acquire any interest in and to the Property, or any part thereof, their heirs, successors and assigns, excluding in all cases any persons, corporations, partnerships, associations or other entities holding an interest merely as security for the performance of an obligation. Park. Shall mean all of the Open Space, as defined by BMC 38.700.150, under the legal ownership or legal control of the City, that provides area for active and passive recreational purposes, as identified on the final plat approved for the Bridge Vale Subdivision. Subdivision. Bridger Vale Subdivision. Trash. Includes waste, garbage, junk, refuse, and debris, of any type or nature. Vehicle. Any boat, trailer, snowmobile, motor home, campers, mobile home, recreational vehicle, all-terrain vehicles, motorcycles, snowmobiles, off-highway vehicle, or other similar equipment. Bridger Vale Subdivision 4 Declaration of Covenants, Conditions and Restrictions ARTICLE III SUBDIVISION PROPERTY OWNERS’ ASSOCIATION AND MANAGEMENT Section 1. Association. The property owners’ association for the Bridger Vale Subdivision shall be the Bridger Vale Subdivision Property Owners’ Association, Inc., a non-profit corporation formed, prior to the sale of any Lot, in accordance with Chapter 2 of Title 35, Montana Code Annotated, for the purposes of enforcing these covenants, conditions and restrictions and operating the Association for the benefit of its Members. Section 2. Articles and Bylaws. The Articles and Bylaws of and for the Bridger Vale Subdivision Property Owners’ Association establish membership in, duties, powers, operations, and rights of the Association and its Members. The Association shall be governed by and empowered to act in accordance with the Articles and Bylaws. All Owners in the Subdivision, as Members of the Association, shall be bound by the Articles and Bylaws of the Association, which are incorporated herein by reference. Section 3. Membership. Every Owner of a Lot shall be a member of the Association as provided in this Declaration, the Articles and Bylaws. Membership is automatic, mandatory, and shall be appurtenant to each Lot and may not be separated from ownership thereof. Section 4. Voting Rights. The Association shall have one class of voting membership in accordance with this Declaration, the Articles and Bylaws. Section 5. Board of Directors or Board. There shall be a Board of Directors of the Bridger Vale Subdivision Property Owners’ Association, Inc., which shall consist of not less than three (3) Members and which shall administer the Association in accordance with this Declaration, the Articles and Bylaws, and any Rules and Regulations hereafter adopted by the Association or Board. Declarant shall have the authority vested in the Association until such time as each Lot has been sold or otherwise disposed of by Declarant, after which an election shall be held to duly elect the Board of Directors in accordance with the Bylaws. Section 6. Term and Elections. Board terms and elections shall be as provided in the Bylaws. Section 7. Meetings. The Board may meet from time to time, as provided in the Bylaws, but in no event shall hold a meeting less than one time per year as provided for in the Bylaws. Section 8. Liability Insurance, Taxes, and Maintenance. The Association is responsible for liability insurance and any applicable tax assessments, and maintenance as provided herein. Section 9. Dissolution; Subdivision Boundaries. The Association may not be dissolved, nor the Subdivision boundaries altered, without the consent of the City Commission. Section 10. Declarant’s Authority. The Declarant shall have all the authority vested in the Association until all Lots are sold, provided however that Declarant may turn over such authority to the Association at an earlier time, at the discretion of Declarant, after 50% of the Lots are sold. Bridger Vale Subdivision 5 Declaration of Covenants, Conditions and Restrictions ARTICLE IV ARCHITECTURAL REVIEW COMMITTEE Section 1. Creation and Membership. There is hereby created an Architectural Review Committee. The Declarant shall serve as the Architectural Review Committee until such time as all (100%) of the Lots are sold, unless the Association is turned over sooner pursuant to Article III. Upon turning over the Association to Owners, Owners shall elect, by majority at an annual meeting or meeting noticed in writing for such purposes, a minimum of three (3) and a maximum of five (5) Owners to serve as the Architectural Review Committee. Terms shall be three (3) years. If no successor to the Architectural Review Committee is appointed on or before the expiration of an Owner's term, Owner shall be deemed to have been re-appointed for another three (3) year term. Upon the death or resignation, a replacement shall be appointed by the remaining Architectural Review Committee members to fill out the unexpired term. Such appointment shall occur within sixty (60) days of such death or resignation. Section 2. Purpose. To encourage the architectural harmony of the Bridger Vale Subdivision and to maintain consistency with the original construction, and the Commercial Lot Design Guidelines, Landscaping Plan, and Bridger Vale Townhomes Site Plan, Elevations, and Material Palate, attached hereto as Exhibits B, C, and D respectively and incorporated by reference, the Declarant and all Owners are bound by the requirements of this Declaration and exhibits hereto. Subsequent to the original construction and improvements on the Lots, no construction, reconstruction, alteration, modification, remodeling, landscaping, fencing, or other improvement shall be placed, constructed, erected, repaired, restored, reconstructed, altered, remodeled, added to or maintained on any Lot unless and until building drawings, plans and specifications (which must have been prepared by an architect or other professional, well versed in construction, reconstruction, alteration or remodeling, or other related improvement), the Design Review Application, a copy of which is attached hereto as Exhibit E, and such other information as the Architectural Review Committee may reasonably require, including but limited to, colors, building materials, plans and elevations, have been submitted to, and approved by, a majority of the Architectural Review Committee in writing, nor may the same be commenced until such written approval has been issued. In addition to the aforementioned, deviations from the Landscaping Plan, including additional landscaping planting or landscaping elements, such as hardscapes, lawn art, and sculpture shall be reviewed and shall not be installed or commenced until approved in writing by the Architectural Review Committee. No decks, patios, sheds, or similar construction not a part of the original townhome or commercial building or unit shall be allowed without the prior written approval of the Architectural Review Committee. No television reception satellite dish, radio or television antennas, awnings, canopies, or signage shall be erected on or attached to a townhome, commercial building or unit, or any Lot, except with the prior written approval of the Architectural Review Committee. The Architectural Review Committee shall have the authority to reject Design Review Applications materials, designs, and colors submitted with plans, or the plans themselves, including landscaping plans, if they are not compatible with the Bridger Vale Subdivision, and Bridger Vale Subdivision 6 Declaration of Covenants, Conditions and Restrictions the Commercial Lot Design Guidelines, Landscaping Plan, and Bridger Vale Townhomes Site Plan, Elevations, and Material Palate, attached hereto. All approval and denials by the Architectural Review Committee shall be in writing. Section 3. Fees. The Architectural Review Committee may require reasonable fees to be paid with the filing of the Design Review Application, plans and specifications to defray its expenses and the expenses of inspections and enforcement of this Declaration. Such fees may be amended from time to time by the Architectural Review Committee. Section 4. Timing. The Architectural Review Committee shall make every effort to complete their reviews within fifteen (15) business days of receipt of a complete submittal of the required documentation by the Owner, or Owner’s agent. Section 5. Design Review Documents. The Design Review Documents, including the Commercial Lot Design Guidelines, Landscaping Plan, and Bridger Vale Townhomes Site Plan, Elevations, and Material Palate are attached as Exhibits to this Declaration, and incorporated herein in their entirety by this reference. The Architectural Review Committee is responsible for enforcing the Commercial Lot Design Guidelines, Landscaping Plan, and Bridger Vale Townhomes Site Plan, Elevations, and Material Palate, attached hereto, and for adopting such procedures, including the assessment of fines for violations and or deviations therefrom, a review process for submitted plans, including a determination of the submittal's completeness, accuracy, and conformity with this Declaration and Exhibits hereto, as it deems necessary to carry out its functions. Such procedures may not be inconsistent with the provisions of this Declaration and Exhibits hereto. Section 6. Appeal. Appeal of decisions by the Architectural Review Committee shall be to the Board of Directors, who shall hear the appeal at a Regular Meeting or Special Meeting of the Board. Section 7. Substantial Compliance. All improvements, construction, reconstruction, alterations, remodeling, maintenance, repair or replacement, or any activity requiring the approval of the Architectural Review Committee as otherwise provided herein, must be completed in substantial compliance with the plans and specifications approved by the Architectural Review Committee. All Owners, by purchasing a Lot in the Subdivision, agree to be bound by this Declaration and the Exhibits hereto. Section 8. Land Use, Zoning, and Regulations. Approvals are subject to this Article IV. Section 9. Exemptions. Routine maintenance and repair utilizing original materials and consistent with the Commercial Lot Design Guidelines, Landscaping Plan, and Bridger Vale Townhomes Site Plan, Elevations, and Material Palate are exempt from review by the Architectural Review Committee. Section 10. Enforcement. The Architectural Review Committee shall have the power, authority, standing and right to enforce this Declaration and Exhibits thereto in any court of law Bridger Vale Subdivision 7 Declaration of Covenants, Conditions and Restrictions or equity when it reasonably believes the same have been violated and shall have the authority to revoke or suspend approvals and/or order the suspension or cessation of any construction or work for non-compliance with approvals issued by the Architectural Review Committee. Section 11. Liability. The Architectural Review Committee, or the individual Owners who are members thereof, may not be held personally liable for any damages that may result from action taken pursuant to this Declaration, including, but not limited to, damages which may result from approval or denial of, or amendment or changes to plans, or any delays associated with such action on the part of the Architectural Review Committee. The Association is authorized to purchase liability insurance for the Architectural Review Committee and members thereof. ARTICLE V CONSTRUCTION, MAINTENANCE, REPAIR, AND REPLACEMENT Section 1. Construction. Declarant or Declarant’s agent shall construct the initial improvements in the Subdivision. Improvements to the Commercial Lot shall be in accordance with the Commercial Lot Design Guidelines, a copy of which is attached as Exhibit B and incorporated herein by reference. Landscaping shall be in accordance with the Landscaping Plan, a copy of which is attached as Exhibit C and incorporated herein by reference. Improvements to the townhome Lots shall be in accordance with the Townhouses Site Plan, Elevations, and Material Palate, a copy of which is attached as Exhibit D and incorporated herein by reference. No additional construction, reconstruction, alteration, remodeling, landscaping, fencing, or other improvement shall be placed, constructed, erected, repaired, restored, reconstructed, altered, remodeled, added to or maintained that deviates from the Declarant’s original construction, and the Commercial Lot Design Guidelines, Landscaping Plan, and Townhouses Site Plan, Elevations, attached hereto, without the written approval of the Architectural Review Committee. Section 2. Maintenance, Repair, and Replacement. The Association shall be responsible for the maintenance, repair, and replacement, as needed, of the interior subdivision road, Bridger Vale Drive and the alley, which maintenance, repair, and replacement shall be assessed equally among Owners. It is the responsibility of each Owner to maintain, repair, and replace his, her or its driveways/parking areas and adjoining sidewalks. All materials used for maintenance, repair, and replacement of driveways/parking areas and adjoining sidewalks shall be of the same kind as the Declarant’s original construction, and the Commercial Lot Design Guidelines, Landscaping Plan, and Townhouses Site Plan, Elevations, attached hereto, unless otherwise approved in writing by the Architectural Review Committee. Section 3. Exteriors of Townhomes and Lots. Maintenance, repair, and replacement of exteriors of townhomes, and portions thereof, and maintenance of Lots, including, but not limited to paint, roofs, windows, gutters, downspouts, HVAC systems, irrigation systems, other building elements, and interiors of townhomes, except as may otherwise be provided herein, shall be the responsibility of the Owner. All such maintenance, repair, and replacement shall be in accordance with the Townhouses Site Plan, Elevations, and Material Palate, attached as Exhibit D. All materials used in such maintenance, repair, and replacement shall be the same as Bridger Vale Subdivision 8 Declaration of Covenants, Conditions and Restrictions the original, unless otherwise approved in writing by the Board. No additions, reconstruction, alteration, or remodeling or other deviation from the Townhouses Site Plan, Elevations, and Material Palate shall commence or be undertaken without the written approval of the Architectural Review Committee. Section 4. Exteriors of Commercial Building(s) and Lots. Maintenance and repair of commercial building or buildings, and portions thereof, and Lots, including, but not limited to paint, walls, roofs, windows, gutters, downspouts, HVAC systems, irrigation systems, other building elements, and interiors those buildings, except as may otherwise be provided herein, shall be the responsibility of the Owner or Owners and subject to the Commercial Lot Design Guidelines, as may be amended from time to time, and the Landscaping Plan. All materials used in such maintenance, repair, and replacement shall be the same as the original, unless otherwise approved in writing by the Architectural Review Committee. No additions, reconstruction, alteration, or remodeling or other deviation from the Declarant’s original construction shall commence or be undertaken without the written approval of the Architectural Review Committee. Section 5. Duty to Maintain Interiors; Utilities and Services. Owners agree to maintain in good condition and repair townhomes and commercial buildings, and all interior surfaces within or surrounding the same (such as the surface of the interior walls, ceilings, floors), and maintain and repair the fixtures therein, and pay for any utilities which are separately metered, or services provided, to his, her or its Lot or townhome or commercial building, or unit therein. ARTICLE VI SNOW REMOVAL AND STORAGE Section 1. Snow Removal. The Association shall provide for reasonable and timely snow removal of the interior subdivision road and alley within the Subdivision. Snow removal shall be assessed equally among Owners, and may be accomplished by contracting with an individual or entity on such terms and conditions as the Board may deem appropriate. It is the responsibility of each Owner to provide for or contract and pay for snow removal from his, her or its driveways/parking area and adjoining sidewalks. Snow removal for the Commercial Lot shall the responsibility of the Owner or equally shared among the Owners of the commercial building(s). Section 2. Storage. Snow storage areas shall be as designated on the Master Plan or as otherwise designated by the Board. ARTICLE VII COMMON OR PARTY WALLS Section 1. Common or Party Walls. Common or party walls are walls shared by and dividing two adjoining townhomes or commercial units within a commercial building. Townhome common or party walls are erected on the property boundary to provide common and reciprocal support to the structures on both sides of the boundary. Each Owner owns as much of the Bridger Vale Subdivision 9 Declaration of Covenants, Conditions and Restrictions common or party wall as is situated on Owner’s townhome property or within Owner’s commercial unit. A line running longitudinally down the center of a common or party wall shall form the boundary for adjoining Lots or commercial units lying on either side of such common or party wall, for the purposes of this Article. The property boundary between adjoining townhomes shall be that line running longitudinally down the center of a common or party wall, notwithstanding the fact that the Subdivision plat might show such lot lines being elsewhere. Section 2. Easement for Common or Party Walls. Common or party walls are subject to cross easements in favor of each adjoining owner for the common and reciprocal support of his, her or its townhome or commercial unit and for maintenance and repair of said wall. This easement applies even though the deed may be silent concerning the rights of Owners with respect to common or party walls. Common or party walls are for the mutual benefit and convenience of Owners of adjoining townhomes or commercial units and neither Owners shall use the wall in a manner that impairs the other Owners, use, enjoyment, or easement over the said wall. Section 3. Maintenance and Repair. Owners shall keep their respective portions of common or party walls in good condition and repair, and shall maintain and repair the same at Owner’s sole cost and expense. The cost of maintenance and repair shall otherwise be shared equally by the Owners of the shared common or party walls. Owners shall cooperate regarding a maintenance and repairs to ensure the continued reciprocal support and usefulness of shared common or party walls. Section. 4. Liability for Common Walls. To the extent not inconsistent with the provision of this Article, the general rules of law of the State of Montana regarding common or party walls, lateral support in below ground construction, and/or liability for property damaged due to negligence or willful acts or omissions shall apply. Section 5. Damage to Common or Party Walls Due to Negligence. If a common or party wall is damaged through the negligence or willful acts or omissions of an Owner sharing said wall, that Owner shall bear the whole cost of repairing the common or party wall to the extent necessary to put the wall in a condition substantially the same as it was before such negligence or willful acts or omissions occurred. Section 6. Destruction by Fire or Other Casualty. If a common or party wall is destroyed or damaged by fire or other casualty, not resulting from the negligence or willful acts or omission of an Owner of said wall, then either of the Owners shall restore the common or party wall to its original condition, and he, she or it shall thereafter be entitled to contribution from the other Owner for one-half of the cost thereof. Section 7. Right to Contribution Runs with Land. The right of any Owner of a shared common or party wall to contribution from the other Owner under this Article shall be appurtenant to the land and shall pass to such Owner’s successors in title. Section 8. Dispute Resolution. In the event of any dispute arising concerning a common or party wall, or under the provisions of this Article, such dispute shall be first be presented to the Bridger Vale Subdivision 10 Declaration of Covenants, Conditions and Restrictions Board for resolution. After disqualification of any interested Board member, the decision of a majority of the remaining Board members shall be binding upon all Owners concerned. In the event a decision cannot be reached or an Owner refuses to comply with a Board decision, it may be necessary for Owner to seek assistance otherwise for the enforcement of any of such Owner's rights hereunder or for the recovery of any monies due to such Owner. The Board may suspend all voting rights for any period during which an Owner refuses to comply with a decision of the Board relative to disputes concerning a common or party wall, or under the provisions of this Article. ARTICLE VIII ACCESS The interior subdivision road and alley shall be kept clear, free, and open for unrestricted vehicular traffic at all times. Automobiles and Vehicles shall not be parked or stored on the interior subdivision road or alley. Sidewalks shall be kept clear, free, and open for unrestricted pedestrian traffic at all times, and no Automobile or Vehicle shall obstruct pedestrian traffic. ARTICLE IX LAND USE AND ZONING Section 1. Zoning and Regulations. The Bridger Vale Subdivision is located within the jurisdiction of the City of Bozeman, and is subject to the requirements of the local zoning ordinance (“Ordinance”) and other City regulations. The zoning classification is Residential Emphasis Mixed-Use (“REMU”). All land use and construction must conform to the requirements of the Ordinance and other City regulations, as well as other local, state and federal regulations as applicable. Owners shall refer to the Ordinance and City regulations, as well as other local, state and federal regulations as applicable, before commencing any construction or land use on a Lot. Section 2. Parking. Automobile parking shall be off-street in the garages, parking lots, and parking spaces provided for each Lot. Automobiles and Vehicles, as defined herein, parked or stored outside of a garage shall only be parked or stored on the parking spaces provided for the Lot. Automobiles and Vehicles shall not be parked or stored in the interior subdivision road right-of-way or the alley. All Automobiles and Vehicles shall comply with the Ordinance, and all other City regulations and state laws. In addition to any other remedy allowed under this Declaration, the Bylaws, the Rules and Regulations, or local regulations, owners of Automobiles or Vehicles parked in violation of this Declaration, the Rules and Regulations, or local regulations, may be asked in writing or by placing a written notice on the Automobile or Vehicle to comply with the Declaration, the Rules and Regulations, or local regulations, and/or to immediately remove the Automobile or Vehicle. If the Automobile or Vehicle is not removed within 24 hours of notification, the Board, Manager, or other authorized representative may cause the Automobile or Vehicle to be towed and impounded at the expense of the owner. Notwithstanding anything to the contrary, the Board, Bridger Vale Subdivision 11 Declaration of Covenants, Conditions and Restrictions Manager, or authorized representative may cause an Automobile or Vehicle to be towed immediately without notification if the Board, Manager or its authorized representative determines that the Automobile or Vehicle impedes emergency vehicles or represents a threat to health and safety. Section 3. Commercial Lot Restriction. The maximum square footage for nonresidential uses in the Bridger Vale Subdivision shall be thirty percent (30%) of the total residential floor area for the Bridger Vale Subdivision, which floor area shall include the total heated and unheated square footage of all residential buildings within the Subdivision. The Declarant, or the Association Board, should the Declarant turn over the Association prior to the sale of one hundred percent (100%) of the Lots, shall maintain a current copy of the square footage distribution in the Residential Mixed Use (“REMU”) Area in substantially the same form as the Tracking Mechanism Bridger Value PUD attached as Exhibit F and incorporated by reference. Section 4. Dogs, Cats, and Other Domestic Pets and Animals. Owners shall comply with local regulations, including the City of Bozeman’s animal ordinance. Domestic pets and animals shall not be allowed to roam at large. All dogs, cats and other domestic pets and animals shall be strictly controlled by their owners to prevent them from becoming a nuisance to neighbors. Dogs, cats and other domestic pets and animals, shall not be raised, breed, or cared for in the Subdivision on a commercial basis. Section 5. Fencing. No fencing shall be erected or installed on townhome Lots, unless approved in writing by the Architectural Review Committee. Section 6. Setbacks, Area and Height. Setbacks, yard area and building heights shall be in accordance with the Ordinance or Planned Unit Development approval, whichever is most lenient. Section 7. Environmental Controls. A vapor mitigation system is installed under each building in the Subdivision in accordance with the Montana Vapor Intrusion Guide prepared by the Montana Department of Environmental Quality. Post-installation testing, operations, maintenance and monitoring will be in accordance with said Guide. If entry into private property is required, advance notice will be provided to Owners. Installation and use of irrigations wells in the Subdivision is prohibited. Section 8. Landscaping. See Article X. Section 9. Decks, Balcony, Patios, and Sheds. No decks, patios, balconies, sheds, or similar construction not a part of the original townhome or commercial building or unit shall be allowed without the prior written approval of Board, and subject to Sections 1 and 6 of this Article. If approved, decks, balconies and porches shall not be used for storage of any items except outdoor furniture. Section 10. Clothes Lines. No clothes line or similar device shall be allowed on any portion of the Property, nor shall clothes be hung anywhere outside the townhomes. Bridger Vale Subdivision 12 Declaration of Covenants, Conditions and Restrictions Section 11. Junk Vehicles or Machinery. No abandoned vehicles or machinery, non-operational vehicles or machinery, junk vehicles or machinery are allowed to remain on the Property, whether on a Lot or otherwise located within the Subdivision. Section 12. Satellite Dishes, Antennas, Awnings, Canopies and Signage. No television reception satellite dish, radio or television antennas, awnings, canopies, or signage shall be erected on or attached to a townhome, commercial building or unit, or any Lot, except with the prior written approval of the Architectural Review Committee, excepting real estate sale, open house, and related temporary signage. Political and election signage may be limited by the Board as to size, location and time period during which signs may be displayed. Section 13. Trash. Trash shall be regularly removed from each Lot and shall not be thrown, dumped, or left, or otherwise allowed to accumulate in the Subdivision. Each Owner shall provide suitable receptacles for the containment and collection of Trash, which must be stored out of view, enclosed, screened, or otherwise not exposed to public view, except during reasonable hours prior to and after collection, and only on collection day. Section 14. Wood Storage. Firewood shall be stored in an enclosed area, such as the garage, or otherwise screened from view from neighboring properties and the interior subdivision road. Section 15. Rules and Regulations. The Board shall have the power to formulate, amend, publish, and enforce Rules or Regulations, as provided in the Bylaws, concerning the use and enjoyment of the Property, Lot, townhomes, commercial buildings and/or units, and all exterior yard space of each Lot, consistent with local ordinances and regulations. Such Rules or Regulations may provide for the imposition of fines or penalties for the violation thereof, or for the violation of any provision contained in this Declaration or the Bylaws. No Person shall use any Lot or the Property, or any part thereof, or townhomes, in any manner contrary to or not in accordance with such Rules and Regulations as from time to time may be promulgated by the Board. Section 16. Prohibited Act. An Owner shall not permit or suffer anything to be done or kept on Owner’s Lot which will increase the rate of insurance for the Association, or which would violate the Declaration, Bylaws, or Rules or Regulations, or which will obstruct or interfere with the rights of other Owners, or annoy them by unreasonable noises, or otherwise, nor shall the Owners commit or permit any noxious, offensive, or hazardous activities or any nuisances or illegal acts in or about the Lot or Property, nor shall anything be done or placed upon property within the Subdivision that is or may become a nuisance to others. ARTICLE X LANDSCAPING AND MAINTENANCE Section 1. Landscaping Plan. The Declarant shall provide landscaping in accordance with the Landscaping Plan provided for the Bridger Vale Subdivision, a copy of which is attached as Exhibit C and incorporated herein by reference. Bridger Vale Subdivision 13 Declaration of Covenants, Conditions and Restrictions Section 2. Maintenance of Parks, Open Space, Common Areas and Facilities. The Association is responsible for all necessary maintenance of Common areas and Facilities, Park and Open Space, upon the schedule to be determined by the Board, including landscaping maintenance such as mowing, pruning, and replacement of trees, shrubbery, or grass, as may be needed. Irrigation systems shall be maintained in an appropriate and efficient manner and kept in good operating condition. Any components of the irrigation systems that are in disrepair must be repaired or replaced as necessary with components approved in the Landscaping Plan in order to keep the irrigation system in good operating condition. The Declarant will provide all necessary maintenance until Parks, Open Space and Common Areas and Facilities are transferred to the Association. Maintenance must be provided by the Association for Parks until the City must establish a park maintenance district or other dedicated funding source and affirmatively accept responsibility for maintenance. Section 3. Maintenance of Lots. It is the responsibility of each Owner to maintain landscaping on individual Lots, including the Commercial Lot, which shall include, but is not limited to, watering, mowing, pruning, and fertilizing and weed control as needed, subject to Article XI, Section 1. Section 4. Warranty, Replacement, Additions. Landscaping must be maintained in a healthy growing condition at all times, and any plant that dies must be replaced with another living plant that complies with the approved Landscaping Plan. Replacement of trees, shrubbery, grass, and any other landscaping elements planted or installed by Declarant shall be in accordance with the Landscaping Plan attached as Exhibit C, unless an alternative is approved in writing by the Architectural Review Committee. No additional landscaping planting or elements beyond that which is installed in accordance with the Landscaping Plan, attached as Exhibit C, may be installed or planted without the prior written approval of the Architectural Review Committee. Landscaping elements include yard art, sculpture and the like. Section 5. Tree Permits, Shade Tree Maintenance City Right-Of-Way. If trees will be planted in dedicated City parkland or boulevard strips, tree planting permits must be obtained from the City’s forestry department. The City’s forestry department must be responsible for the maintenance of shade trees in all city rights-of-way and on city property, including parks. ARTICLE XI ENVIRONMENTAL REGULATIONS Section 1. Chemicals. The use of chemical herbicides and pesticides is prohibited except for control of noxious weeds and pests as required by law. Non-chemical weed control is strongly encouraged. Only approved herbicides should be used and the Gallatin County Weed Board should be consulted before apply such chemicals. Contact a local nursery for the most effective pesticides that least impact animals and desirable species of insects. Bridger Vale Subdivision 14 Declaration of Covenants, Conditions and Restrictions Section 2. On-Site Burning. To protect and preserve the Subdivision, Lots therein, and improvements thereon, the burning of any Trash, materials or vegetation is prohibited, except in accordance with local, county or state regulations. This prohibition includes, but is not limited to, the burning of Trash, as defined herein, grass clippings and leaves, and the like, whether in containers or open areas. Nothing herein shall be construed to prohibit or deny the installation and use of wood burning fireplaces or barbeques, with the exception of fire pits, burn barrels, and bonfires, which are expressly precluded. ARTICLE XII ASSESSMENTS Section 1. Levying Assessments. On an annual basis or quarterly basis, as determined by the Board, the Board shall establish and levy assessments on each Lot in an amount that the Board estimates will be sufficient to pay Maintenance, Repair, Replacement, Snow Removal and Landscaping and Maintenance costs, liability insurance as provided in Article XIII, taxes, and costs that may arise related to enforcement of this Declaration, and/or defense thereof or of the Board in any legal action relating to the Subdivision, any other amounts the Board may require to perform the normal duties of the Association during each fiscal year, as determined in conformity with standard accounting practices, and as provided in the Bylaws. The annual assessment shall include a portion for reserves as the Board considers adequate, necessary and appropriate to meet the costs of the future Maintenance, Repair, and Replacement of the interior subdivision road and alley within the Subdivision, and Landscaping and Maintenance thereof, or any other later existing common area or element as may be approved by the Board in the future, insurance and taxes. The Association may adjust assessments to meet the changing needs and obligations of the Subdivision. The Board may levy a special assessment in order to raise funds for unexpected repair, replacement, operating, or other Association costs, insufficient operating or reserve funds, for such other purposes as the Board in its discretion considers reasonable, necessary and appropriate, and as otherwise provided in the Bylaws. Other assessments may be fixed and levied by the Board against one or more Owners for fines, fees, penalties, interest, attorney fees and costs, and other such charges, related to any default, breach, or violation of the Declaration, Bylaws, or Rule and Regulation by such Owner. Section 2. Assessment Accounts. Annual assessments shall be deposited in an Association account or reserve account to be used for Maintenance, Repair, Replacement, Snow Removal and Landscaping and Maintenance costs, performance of the normal duties of the Association, liability insurance as provided in Article XIII, taxes, and any costs related to enforcement of the Declaration and/or defense thereof or of the Board in any legal action relating to the Subdivision, any other purpose or reason as determined reasonable, necessary and appropriate by the Board, or deferring these costs, and as provided in the Bylaws. Section 3. Applicability, Accrual and Notice. Each Owner who is record owner of a fee interest in any Lot or a contract purchaser of any Lot shall be obligated to pay all assessments (annual and/or special), which include the pro rata share of common expenses, imposed by the Bridger Vale Subdivision 15 Declaration of Covenants, Conditions and Restrictions Board and/or Association, provided that any person or entity who holds such interest merely as a security for the performance of an obligation shall not be required to pay such assessments. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to have consented to be subject to this Declaration and agrees to pay the Association the sums assessed hereunder. No assessments will be levied against Lots owned by the Declarant. Assessments, together with any late fees, interest, costs and reasonable attorney’s fees, shall be appurtenant to and a continuing lien upon the Lot against which such assessment was made, and the joint and several obligation of the entity or person(s) who are or were the Owners of the Lot at the time when the assessment fell due. Assessments shall accrue on the first day of the month following the conveyance of Lot from the Declarant to the Owner. Notice of the assessment, whether annual or special, and the amount thereof, shall be served on all Owners by delivering a copy of the same to the Owners personally or by mailing a copy of the notice to Owners at their addresses of record at least thirty (30) days prior to the due date. Section 4. Payment. Assessments may be paid in quarterly or annual installments, as determined by the Board. All assessments not paid within thirty (30) days from the date they are due and payable become delinquent and subject to interest, at the highest rate allowable by law, and late fees, at a rate to be determined by the Board. The Board shall take prompt action to collect any unpaid assessments that become delinquent. The Board and/or Association may bring an action at law against the Owner personally obligated to pay the same. No Lot Owner may waive or otherwise not be liable for the assessments provided for herein. Notwithstanding anything contained in this Declaration to the contrary, neither the Declarant nor any Lot owned by the Declarant shall be subject to any Assessments until such time as the Subdivision is turned over to the Association. Section 5. Liens and Foreclosures. All assessments, and any interest and late fees, assessed but unpaid and chargeable to any Lot shall constitute a lien on such Lot. To evidence such lien, the Board shall record a notice of assessment lien against the Lot setting forth the amount of such indebtedness, the amount of accrued interest and late fees, the name of the Owner of the Lot, and description of the Lot. The notice shall be signed and verified by an officer of the Association, and shall be recorded in the Office of the Clerk and Recorder of Gallatin County, Montana. Such lien shall attach from the date of recording. Upon recording of the assessment lien, the Association may bring action at law against the Owner personally obligated to pay the assessment, or foreclose the lien against the property in the same manner as a mortgage on real property, and the Association shall be entitled in any such action or foreclosure proceedings to recover its costs, expenses and reasonable attorney’s fees. Such lien shall continue until fully paid or satisfied. When such lien has been fully paid or satisfied, a notice releasing the lien shall be promptly filed. ARTICLE XIII INSURANCE Each Lot Owner and shall maintain fire and casualty insurance for the full replacement value of each residential townhouse or commercial building or buildings on his, her or its Lot, and general liability insurance with limits to be determined by the Board. Each Owner’s Bridger Vale Subdivision 16 Declaration of Covenants, Conditions and Restrictions insurance policies shall contain a waiver of subrogation as to the Association and Owners, and all Owners shall waive subrogation rights as to the Association and other Owners, whether or not the policies so provide. The Association shall maintain a general liability insurance policy insuring the Association, its agents, and Owners with limits to be determined by the Board, and such other insurance that the Board from time to time believes is in the best interest of the Association. The general liability insurance shall cover Parks, Open Space and Common Areas and Facilities of the Subdivision, as determined by the Board. All insurance maintained by the Association shall contain a waiver of subrogation as to the Association and the Owners. A copy of each insurance policy obtained by the Association shall be made available for inspection by Owners and their mortgagees at reasonable times. ARTICLE XIV CITY REQUIRED COVENANTS The City of Bozeman Required Covenants for the Bridger Vale Subdivision shall be as follows: 1. Owners are required to control County declared noxious weeds on their Lots in accordance with approved methods and means. In the event an Owner does not control noxious weeds, after ten (10) days written notice thereof by the Association, the Association may cause noxious weeds to be controlled, the cost and expense of which shall be assessed to the Lot, which may become a lien if not paid within thirty (30) days of mailing of the weed control assessment to the Owner. 2. The Association shall be responsible for control of County and State declared noxious weeds in common areas and open space. The approved weed control plan is hereby included and incorporated by reference as Exhibit G. 3. Control of noxious weeds shall be as set forth and specified under the Montana Noxious Weed Control Act (§§ 7-22-2101, et seq., MCA) and the rules and regulations of the Gallatin County Weed Control District. 4. Owners and residents of the Subdivision are informed that adjacent uses may be agricultural. Owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening. 5. All fences bordering agricultural lands shall be maintained by Owners in accordance with State Law. 6. An Association shall be created. 7. Common Areas and Facilities are reserved in perpetuity. The Association shall retain Bridger Vale Subdivision 17 Declaration of Covenants, Conditions and Restrictions ownership and maintenance of the Common Areas and Facilities within the subdivision and shall maintain the same as required herein. 8. In the event the Association, or its successor, at any time, fails to maintain the Common Areas and Facilities in reasonable order and condition in accordance with the approved care and maintenance plan, the City may cause written notice to be served upon such organization or upon the owners of property in the development. a. The written notice must set forth the manner in which the common areas or facilities have failed to be maintained in reasonable condition. In addition, the notice must include the demand that the deficiencies noted be cured within thirty (30) days thereafter and must state the date and place of a public meeting to be held within fourteen (14) days of the notice. b. At the time of public meeting, the City Commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. c. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the City may enter upon such common facilities and maintain the same for a period of one (1) year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. d. Such entry and maintenance will not vest in the public any right to use the common facilities not dedicated to public use. e. Before the one (1) year period expires, the City Commission must, upon its own initiative, or upon written request of the Association responsible for maintenance, call a public meeting and give notice of such meeting to the Association. f. At the meeting, the Association responsible for maintenance may show cause why maintenance by the City should not be continued for a succeeding year. If the City Commission determines that it is not necessary for the City to continue such maintenance, the City must cease such maintenance at the time established by the City Commission. Otherwise the City must continue maintenance for the next succeeding year subject to a similar meeting and determination at the end of each year thereafter. g. The cost of maintenance by the City shall be a lien against the common facilities and private properties within the subdivision. h. The City Commission shall have the right to make assessments against properties in the subdivision on the same basis that the Association may make such assessments. i. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The City may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. j. Should the Association request that the City assume permanent responsibility for maintenance of facilities, all facilities must be brought to City standards prior to the City assuming responsibility. The assumption of responsibility Bridger Vale Subdivision 18 Declaration of Covenants, Conditions and Restrictions must be by action of the City Commission and all costs to bring facilities to City standards must be the responsibility of the Association. k. The City may create special financing mechanisms so that those properties within the area affected by the Association continue to bear the costs of maintenance. l. The City shall assume permanent responsibility for maintenance of Public areas and Facilities when a dedicated funding mechanism is adopted. 9. Guarantee for Open Space preservation. Open Space shown on the approved final plan or plat must not be used for the construction of any structures not shown on the final plan. 10. The Association shall provide maintenance for all stormwater facilities provided in the stormwater maintenance plan, which is hereby included and incorporated by reference as Exhibit H. 11. These Subdivision covenants may not contain provisions which inhibit compliance with the requirements of the City’s affordable housing requirements, for those subdivisions subject to those requirements, according to the BMC at Division 38.380, or as amended. 12. Condominiums shall be assigned street addresses in compliance with BMC, Chapter 10, Article 7. Addresses shall not use “X” or other generic statements. 13. Any covenant which is included herein as a condition of preliminary plat approval and required by the City Commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures in the covenants and the City Commission. ARTICLE XV ENFORCEMENT Section. 1. Enforcement. These covenants, conditions, and restrictions may be enforced by the Declarant, until such time as all Lots are sold, and then by the Association, Board, Architectural Review Committee, or the Owner of any Lot, in proceedings at law or in equity against person or persons violating or attempting to violate any covenant to either to restrain a violation thereof or to recover damages. The Declarant, Association, Board, or Architectural Review Committee shall receive and process complaints, and may assign a portion of its authority and contract with an independent property management service or other qualified consultant, contractor, or architect, to undertake inspections for conformance with this Declaration, to receive and process complaints, and to otherwise enforce this Declaration. Bridger Vale Subdivision 19 Declaration of Covenants, Conditions and Restrictions Section 2. Right of Entry. During reasonable hours and upon reasonable notice, Declarant and the Association, or their agents, shall have the right to enter upon and inspect a Lot and the improvements thereon for the purpose of evaluating whether the provisions of this Declaration have been or are being complied with and neither Declarant, nor the Association or its agents shall be deemed to have committed a trespass or wrongful act by reason of such entry or inspection. ARTICLE XVI CONSTRUCTION, SEVERABILITY AND WAIVER Section 1. Construction. All of the covenants, conditions, and restrictions contained in this Declaration shall be construed together. Section 2. Severability. Invalidation of any one (1) of these covenants, conditions, and restrictions by judgment of court order shall in no way affect any of the other conditions, covenants, or restrictions, all of which shall remain valid and in full force and effect. Section 3. Waiver. The failure by any of the parties hereto or any subsequent Owner to enforce any condition, covenant, or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter or in other cases, nor of the right to enforce any other condition, covenant, or restriction, nor of the right to collect damages for any subsequent breach of covenant. ARTICLE XVII TERM These covenants, conditions and restrictions run with the land and shall be binding on parties and persons claiming under them for a period of twenty-five (25) years from the date of recording, after which time these covenants, conditions and restrictions shall be extended for successive periods of ten (10) years, unless amended in whole or in part as hereinafter stated. ARTICLE XVIII AMENDMENT Except for Article XIV, this Declaration, or the covenants, conditions and restrictions contained herein, may be amended or modified, in whole or in part, exclusively and at any time by an instrument in writing signed by the Declarant, until such time as all Lots (100%) have been sold or otherwise disposed of by Declarant, after which the same may be amended or modified by an instrument in writing signed by the Owners of sixty percent (60%) of the Lots in the Subdivision. If Declarant exercises the option to turn over the Association at any time after 50% of the Lots are sold, the Declaration, or the covenants, conditions and restrictions may be amended or modified by an instrument in writing signed by the Owners of sixty percent (60%) of the Lots in the Subdivision with the express written consent of Declarant, until such time as Declarant has sold or disposed of all Lots (100%). Amendments or modifications may include the alteration, addition or removal of covenants. Such amendment or modification will become effective upon Bridger Vale Subdivision 20 Declaration of Covenants, Conditions and Restrictions recording the same with the Office of the Clerk and Recorder, Gallatin County, Montana. Such an amendment shall be mailed to the Owner of record of each Lot. Covenants included in Article XIV, required by the City Commission, may not be amended or revoked without the mutual consent of the Owners in accordance with the amendment procedures in the covenants and the City Commission. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set his hand this day of , 2018. BRIDGER VALE SUBDIVISION PROPERTY OWNERS’ ASSOCIATION, INC. By____________________________________ Andy Ebbighausen, Declarant Bridger Vale Subdivision 21 Declaration of Covenants, Conditions and Restrictions ACKNOWLEDGMENT STATE OF MONTANA ) :ss County of Gallatin ) This instrument was ACKNOWLEDGED before me this _____ day of , 2018, by Andy Ebbighausen, Declarant, Bridger Vale Subdivision Property Owners’ Association, a Montana nonprofit corporation. (SEAL) _______________________________________ Notary Public for the State of Montana Printed Name ____________________________ Residing at ______________________________ My Commission Expires ___________________ Month/Day/Year Bridger Vale Subdivision 22 Declaration of Covenants, Conditions and Restrictions EXHIBIT “A” Legal Description BRIDGER VALE SUBDIVISION P.U.D. LEGAL DESCRIPTION Remainder Tract GLR-1A of Certificate of Survey No. 1221, located in the Southwest Quarter of Section 31, Township 1 South, Range 6 East of P.M.M., Gallatin County, Montana. Area = 282,687 square feet, 6.4896 acres or 26,262.5 square meters. Subject to existing easements. The above described tract of land is to be known and designated as BRIDGER VALE SUBDIVISION P.U.D., City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys and parks or public lands shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public are accepted for public use, but the city accepts no responsibility for maintaining the same. The owner agrees that the City has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands hereby dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public for which the City accepts responsibility for maintenance include: Bridger Vale Drive Bridger Vale Subdivision 23 Declaration of Covenants, Conditions and Restrictions EXHIBIT “B” Bridger Vale Subdivision Commercial Lot Design Guidelines Bridger Vale Subdivision Design Guidelines Commercial Lots 1 BRIDGER VALE SUBDIVISION DESIGN GUIDELINES COMMERCIAL LOTS I. ARCHITECTURAL CONTROL A. INTENT All initial or subsequent improvements to Commercial Lots located in the Bridger Vale Subdivision (“BVS”) shall be subject to the following architectural and landscaping requirements and guidelines (“Design Guidelines”). Approval by the Bridger Vale Architectural Review Committee (ARC) shall be obtained prior to application to the City of Bozeman (COB) for a building permit and/or site plan review. The Design Guidelines that follow are intended to compliment the Bozeman Unified Development Code (UDC) and the Declaration of Covenants, Conditions and Restrictions for the Bridger Vale Subdivision (“Declaration”) that govern this project, and to clarify the intention for the design of buildings on Commercial Lot(s). Specifically, these guidelines set forth design criteria which address the building design and location, site work, landscaping, parcel density, accessory structures, parking areas, signage, and other improvements. The intent of these Design Guidelines is to allow flexibility, while at the same time defining a minimum level of quality and consistency of building design and site improvements which will be consistent with and maximize the quality of the overall project. The ARC shall review and approve or disapprove all plans and specifications submitted to it for any proposed improvements as provided herein or in the Declaration. In addition to these Design Guidelines, building design may be regulated by City, County, State and Federal regulatory agencies having jurisdiction. The Owner or his or her agent shall be responsible to ensure conformance with all applicable regulations. No construction of or alteration to, any improvements, whether temporary or permanent, shall be commenced on a Commercial Lot prior to receiving the written approval of the ARC and the City of Bozeman. In addition to these Design Guidelines, a Commercial Lot is subject to the zoning regulations of the City of Bozeman Interior modification and/or improvements that do not alter the exterior appearance of a building shall not require the approval of the ARC, although an Owner is responsible for ensuring such interior modification complies with applicable City, State, and Federal regulations and requirements, including but not limited to the Americans with Disabilities Act. B. OBJECTIVES To promote: - Aesthetically pleasing development by encouraging abundant landscaping, - Attractive building design, preservation of scenic vistas, Bridger Vale Subdivision Design Guidelines Commercial Lots 2 - Creativity and continuity in design, - Encourage quality and character of new development, - Provide harmonious land design and quality site planning, which will produce an attractive and desirable environment, and - Minimize adverse aesthetic impacts associated with excessive lighting, signage, and other design features. C. DISCRETION OF THE ARC The ARC maintains full and complete discretion to interpret this Agreement and may, in its sole discretion, approve or deny any proposed application. D. STANDARDS FOR REVIEW It shall be the Owner’s responsibility to ensure that all proposed construction complies with all applicable local, State and Federal regulations and these Design Guidelines. All plans must be harmonious with the overall plan for the development. All plans, materials and specification must be suitable to the site, adjacent properties and the neighborhood. All improvements must be compatible with the surrounding properties so as to not impair or degrade property or aesthetic values. E. DESIGN SUBMITTAL The ARC must approve all development plans for a Commercial Lot prior to construction. Construction or building permits shall not be issued until the ARC has certified, in writing, the approval of the plans. Following is the minimum required by the ARC for review of plans: 1) The Design Review Application Form provided in Appendix E to the Declaration shall be completed and submitted along with the following. 2) Floor plans, elevations, site plan showing the location on the Commercial Lot in which the proposed project will be built; any proposed phasing of the construction; building footprints with locations, alignment and dimensions of all existing and proposed buildings and structures; utility, grading and drainage; landscaping walks; and decks. This site plan shall also include samples of all exterior materials with their respective color proposals. Samples may be electronic. 3) Complete construction drawings. This includes floor plans, exterior elevations of all sides, roof design, specifications and any construction details. (Scale 1/4” = 1’ 0”). Samples of all exterior materials with their respective color proposals. Samples can be submitted electronically. Signage plans describing specifications and locations of all signage. 4) Additional submittal elements may be requested by the ARC for clarification of the design if needed and shall be supplied by the applicant. Bridger Vale Subdivision Design Guidelines Commercial Lots 3 5) A review fee may be required at the time of submission, and each time of resubmission, of all design submittal documents and materials. If required, the Owner shall submit the required design review fee to the ARC. It shall be the duty of the ARC to establish the amount of the design review fee. The purpose of the design review fee shall be to defray the cost of review of the application, related materials, and all proposed site plans and specifications. F. APPROVAL OR DISAPPROVAL BY THE ARC The ARC will make every effort to complete reviews within fifteen (15) business days to approve or disapprove the location, construction design, landscaping, and materials used for the building. This fifteen (15) day time period will not start until after the detailed site plan, floor plans, roof plans, trim details, project specifications, color samples, sample materials and landscaping plan have all been submitted to the ARC, including the fee. The ARC will then notify the owner, in writing, the date of the start of the (15) days approval period. The time for plan review shall be adjusted accordingly if plans are submitted during the holidays. Once the ARC approves the submitted application, it shall issue a written statement of project approval. G. CONSTRUCTION WITHOUT APPROVAL OR IN VIOLATION OF THIS AGREEMENT If any construction is completed on a Commercial, any improvement is erected or placed upon, or any new use is commenced upon a Commercial Lot without prior approval from the ARC or in violation of this Agreement, other than as set forth herein, such alteration, construction, erection, placement or use shall be deemed to have been undertaken in violation of these Design Guidelines and, upon written notice by the ARC, such an alteration, construction, erection, placement, or use shall cease, be removed or be amended so as to conform to this Agreement at the sole expense of the property owner. II. SITE DESIGN REGULATIONS A. TOPOGRAPHY AND SITE FEATURES 1) Parking Minimum parking requirements are found in the Bozeman UDC. Driveway and parking surfaces shall be constructed of concrete paving units, stone cobbles, asphalt or concrete. 2) Accessory Structures, Screening Elements, and Fences a. All trash enclosures are subject to COB, UDC, and ARC review. b. All fences shall comply with the COB UDC. c. Accessory structures, fences, and walls shall be of character, color, and material to match the adjacent buildings and shall coordinate with the overall architectural scheme of the adjacent buildings and shall be integrated into the landscape of the lot. 3) Exterior Lot Lighting a. The lighting source for exteriors of buildings shall be concealed and be appropriate in density to the surface being illuminated. Bridger Vale Subdivision Design Guidelines Commercial Lots 4 b. All outdoor lighting shall be free of glare and shall be fully shielded or indirect lighting. c. All parking lot lighting is subject to COB requirements and the UDC. B. UTILITIES AND SITE DETAILS 1) Utilities; Screening All utilities (including but not limited to natural gas, electric, and telephone, and television cable) shall be installed underground. All exterior mechanical and electrical equipment and transformers shall be screened. Screening may consist of plantings, shrubbery, or durable enclosure. 2) Garbage and Refuse Disposal Trash, garbage and other waste shall not be kept except in sanitary containers. All equipment, garbage cans or storage piles shall be concealed from view of other buildings and common Areas within appropriate trash enclosures consistent with the character of the buildings in which they serve. C. LANDSCAPE CONTROLS 1) Installation Street trees Owner is responsible for adherence to COB boulevard tree requirements. 2) Landscaping standards The following standards shall govern landscaping for a Commercial Lot, unless otherwise approved in writing by the Declarant. a. Commercial Lots in BVS shall, at a minimum, be landscaped to comply with the requirements and standards herein, in the Landscaping Plan, a copy of which provided at Exhibit C of the Declaration, and with COB UDC. b. All landscaping shall be completed within one (1) year after the substantial completion of the building(s). c. All landscaping shall be irrigated with an underground sprinkler system, which shall be maintained so as to provide sufficient water for landscaping growth. d. All plant materials, installation, and irrigation details and specifications should conform to all appropriate industry standards to assure acceptable quality of materials and adequacy of installation and performance. Live landscape materials shall be appropriate for the micro-climate of Bozeman, Montana and shall properly nurtured, watered, and fertilized to maintain and sustain healthy growth. Bridger Vale Subdivision Design Guidelines Commercial Lots 5 D. PRIVATE PARKING 1) The non-residential parking requirement for site specific plans shall be based on the COB UDC. 2) All off street parking, access drives, and loading areas shall be paved and properly graded to ensure adequate drainage. All parking lots must be developed with proper integration of landscape and screening elements as provided herein. 3) Minimum parking requirements shall meet the standards of the COB UDC for each use proposed for a lot. E. LOADING, STORAGE, AND SERVICE AREAS 1) Loading and service areas shall not be permitted in the front portion of the Lot. 2) Proper integration of landscape and screening elements must be provided between loading and service areas. 3) Loading, service, and storage areas shall be carefully planned, positioned, and screened from offsite ground level view and streets. On site views of loading and service areas shall be minimized as much as possible. F. BICYCLE PARKING Each onsite parking lot in BVS shall provide bike parking spaces in accordance with the UDC. G. SNOW STORAGE Areas for on-site snow storage shall be provided adjacent to parking lots. The snow storage area shall not be adjacent to the streets or within the site triangle as described in the COB UDC. III. BUILDING FORM REGULATIONS A. INTENT The intent is to establish minimum standards to ensure that the type of building constructed is at least comparable to and blends with the eclectic styles of architecture found in the surrounding developments. All initial or subsequent improvements to buildings shall be subject to the following architectural requirements and guidelines. No building shall be built in a manner which will adversely affect the structural integrity of another building. Bridger Vale Subdivision Design Guidelines Commercial Lots 6 B. DESIGN CONCEPTS The architecture of the buildings shall contribute interesting dimensional shapes, forms and profiles to the context of BVS through the inclusion of roof line articulation, varying façade depths, interesting color patterns, entryway elements, canopies, balconies, and other methods of architectural expression in a manner that integrates the structure and its landscaping into the context of BVS. 1) Aesthetically Compatible Buildings. All buildings shall be designed, constructed, and maintained so that the exterior appearance, including design, color, material, architectural themes and elevations, is architecturally and aesthetically compatible with adjacent buildings. All buildings shall be designed for full view from all directions and shall be completed on all sides with an acceptable finish material. 2) Scale and Massing of Buildings. Each building design must address the scale and massing not only of the particular building itself but also adjacent buildings. Each building will be reviewed by the ARC on this basis. C. BUILDING HEIGHT Building heights within the BVS shall be in accordance with the building height restrictions set forth in the COB UDC. D. EXTERIOR WALL Exterior walls shall be designed to create interest and be aesthetically pleasing. The character of the building exterior shall be kept simple in order to harmonize and compliment the surrounding environment and the site. Stonework shall be natural or synthetic stone materials. Material samples shall be required as a part of the ARC final plan submittal. E. EXTERIOR WINDOWS AND DOORS Windows and doors shall be constructed of natural, stained or painted wood, or pre-finished aluminum, enamel or vinyl. All glazing shall be framed in walls of stone, stucco or wood. Glass curtain walls and mirror glass may be approved by the ARC on a case by case basis. Windows and doors shall be of a consistent size, shape and orientation throughout a given building. Window and door patterns shall be carefully studied to create interest and variety. F. DECKS, BALCONIES, TERRACES AND PORCHES Decks, balconies, terraces and porches shall be designed to enhance the overall architecture of the building by creating variety and detail on exterior elevations. Covered decks, projecting balconies and bay windows shall be integrated with, rather than randomly placed throughout the building. Terraces shall be used to integrate the building and landscape by creating a transition between the built and natural character of the site. Bridger Vale Subdivision Design Guidelines Commercial Lots 7 IV. BUILDING MATERIAL AND DETAIL REGULATIONS When choosing materials for buildings in BVS, architects should select materials of an appropriate quality and durability for an often harsh northern environment. A. ROOF Acceptable roofing materials shall consist of treated wood shakes or shingles, synthetic shakes and shingles, natural and synthetic slate shingles, asphalt random tab shingles, pre-finished metal roofing, and single ply or built up roofing. In addition, other similar materials may be accepted upon approval by the ARC. All roofing flashing, vents, hoods, flues, and roof accessories shall be copper or a pre-finished metal that blends with the color of the roofing material selected. B. BUILDING COLOR All exterior color schemes shall be reviewed by and approved by the ARC. C. SIGNAGE REGULATIONS A sign permit application shall be reviewed and approved by the COB Planning Office in accordance with sign requirements provided in the UDC. A letter of approval from the ARC shall be provided prior to approval of any sign permit application. Temporary construction signs are allowed. Bridger Vale Subdivision 24 Declaration of Covenants, Conditions and Restrictions EXHIBIT “C” Bridger Vale Subdivision Landscaping Plan BRIDGER VALE DRIVEMANLEY ROADMANLEY ROAD WGMGROUPWWW.WGMGROUP.COMRESIDENTIAL AND MEDIANS PLANTING PLAN EBBIGHAUSEN HOMES BRIDGER VALE PUD BOZEMAN, MTDECEMBER 13, 2018L2.1 STAT E OF MONTANA LANDSCAPE ARCH ITECT LESSA R.RACOW274 LICENSE D WGMGROUPWWW.WGMGROUP.COMRESIDENTIAL AND MEDIANS NOTES EBBIGHAUSEN HOMES BRIDGER VALE PUD BOZEMAN, MTDECEMBER 13, 2018L2.2 S TAT E OF MONTANA LANDSCAPE ARCH ITECT LESSA R.RACOW274 LICENSE D BRIDGER VALE DRIVEMANLEY ROAD BRIDGER VALE DRIVEWGMGROUPWWW.WGMGROUP.COMOPEN SPACE PLANTING PLAN AND NOTES EBBIGHAUSEN HOMES BRIDGER VALE PUD BOZEMAN, MTDECEMBER 13, 2018L2.3 STAT E OF MONTANA LANDSCAPE ARCH ITECT LESSA R.RACOW274 LICENSED WGMGROUPWWW.WGMGROUP.COMPLANTING DETAILS EBBIGHAUSEN HOMES BRIDGER VALE PUD BOZEMAN, MTDECEMBER 13, 2018L2.5 STAT E OF MONTANA LANDSCAPE ARCH ITECT LESSA R.RACOW274 LICENSE D Bridger Vale Subdivision 25 Declaration of Covenants, Conditions and Restrictions EXHIBIT “D” Bridger Vale Subdivision Townhomes Site Plan, Elevations, and Material Palate ΔΔΔΔ T.O.SUB FLR @ 2ND FLR110' ‐1 3/4"T.O.PL @ 2ND FLR120' ‐2 7/8"T.O. SUB‐FLR @ 3RD FLR121' ‐3 1/2"T.O.PL@3RD FLR130' ‐4 5/8"T.O.PL @ 1ST FLR109' ‐1 1/8"16T.O.SLAB @ 1ST FLR100' ‐0"9129' ‐ 1 1/8"1' ‐ 0 5/8"10' ‐ 1 1/8"1' ‐ 0 5/8"9' ‐ 1 1/8"523T.O.PL‐8' @ 3RD FLR129' ‐4 5/8"811101' ‐ 2"T.O.PL‐12'@2ND FLR122' ‐1 3/4"6' ‐ 10 1/4"5' ‐ 4"3' ‐ 9 3/4"5' ‐ 4"2' ‐ 8"8' ‐ 0"2' ‐ 0"7434' ‐ 11" BLDG HGT100' ‐ 0"25' ‐ 0"25' ‐ 0"25' ‐ 0"25' ‐ 0"12' ‐ 0"1' ‐ 0"12' ‐ 0"12' ‐ 0"11' ‐ 0"2' ‐ 0"13' ‐ 0"12' ‐ 0"12' ‐ 0"1' ‐ 0"12' ‐ 0"3254214253224' 0" x 4' 0"4' 0" x 4' 0"7' 8" x 5' 4"7' 8" x 2' 0"7' 6" x 5' 0"7' 8" x 5' 4"4' 0" x 4' 0"4' 0" x 4' 0"4' 0" x 4' 0"2' 8" x 7' 0"2' 8" x 7' 0"3' 0" x 8' 0"3' 0" x 8' 0"7' 6" x 5' 0"7' 6" x 5' 0"7' 6" x 2' 0"7' 6" x 4' 0"7' 6" x 2' 0"5' 0" x 2' 0"5' 0" x 4' 0"5' 0" x 2' 0"5' 0" x 5' 0"5' 0" x 5' 0"2' 8" x 7' 0"3' 0" x 8' 0"4' 0" x 4' 0"4' 0" x 4' 0"4' 0" x 4' 0"7' 6" x 5' 0"7' 8" x 5' 4"7' 8" x 5' 4"7' 8" x 2' 0" 4' 0" x 4' 0"4' 0" x 4' 0"2' 8" x 7' 0"3' 0" x 8' 0"4' 0" x 4' 0"555T.O.SUB FLR @ 2ND FLR110' ‐1 3/4"T.O.PL @ 2ND FLR120' ‐2 7/8"T.O. SUB‐FLR @ 3RD FLR121' ‐3 1/2"T.O.PL@3RD FLR130' ‐4 5/8"T.O.PL @ 1ST FLR109' ‐1 1/8"T.O.SLAB @ 1ST FLR100' ‐0"DMKFCBJIA1' ‐ 6"1' ‐ 6"HET.O.PL‐8' @ 3RD FLR129' ‐4 5/8"GT.O.PL‐12'@2ND FLR122' ‐1 3/4"LN34' ‐ 11"  BLDG HGT1" / 12"74' ‐ 0"8' ‐ 0"6' ‐ 0"3' ‐ 0"8' ‐ 0"8' ‐ 0"2' ‐ 0"4' ‐ 0"18' ‐ 0"7' ‐ 0"2' ‐ 0"4' ‐ 0"3' ‐ 0"1' ‐ 0"343445215' 0" x 4' 0" 4' 0" x 4' 0"4' 0" x 4' 0"7' 6" x 4' 0"2' 6" X 2' 0"2' 6" X 2' 0"2' 6" X 2' 0"2' 6" X 2' 0"2' 6" X 2' 0"2' 8" X 2' 0"4' 0" x 4' 0"ELEVATION LEGEND1i1X8 LAP CEDAR SIDING‐CLEAR NATURAL STAIN OR EQDARK GRAY GALVINIZED METAL FLASHING(MATCHES ROOFING)6 1/4" HARDI LAP SIDING OR EQ‐NIGHT GREYVINYLE WDW & DR FRAME‐BLACKCLEAR DBL PANE LOW‐E GLAZING (NO MIRROR OR REFLECTIVE GLAZING) TYP3/4" CORRUGATED METAL‐LIGHT GREYGENERAL SHALESTANDARD BRICK‐BARRINGTON OR EQUAL1‐3/4" VERTICAL STANDING SEAM METAL ROOF OVER SOLID SUBSTRATE, 18" PANELS‐SLATE GREY OR EQHARDIE REVEAL PANEL SYSTEM OR EQ(NIGHT GREYEXTERIOR LIGHTS‐6" RECESSED INTO CEILING W/ BLACK TRIM KIT‐DARK SKY COMPLIANTSYMBOLMAT'L IMAGECOLOR & MATERIALSTEEL METAL RAILING‐PNT BLACK 2X3 TOP RAIL, 1"X.5" BARS11i21i31i41i5MODERN STEEL DOOR, FLUSH PANEL, R6.5 INSUL OR EQUALDRAWN BY:PROJECT #:REV DATEPHASEPRE SDDDCDDATEABCDBRIDGER VALE-FOURPLEXBOZEMAN, MT 59715---Author--------A3-109.25.18EXTERIOR ELEVATIONSSITE PLAN REVIEW1/4" = 1'‐0"A3‐11SOUTH ELEVATION1/4" = 1'‐0"A3‐12WEST ELEVATION T.O.SUB FLR @ 2ND FLR110' ‐1 3/4"T.O.PL @ 2ND FLR120' ‐2 7/8"T.O. SUB‐FLR @ 3RD FLR121' ‐3 1/2"T.O.PL@3RD FLR130' ‐4 5/8"T.O.PL @ 1ST FLR109' ‐1 1/8"16T.O.SLAB @ 1ST FLR100' ‐0"912523T.O.PL‐8' @ 3RD FLR129' ‐4 5/8"8111070.0 0°16' ‐ 0"T.O.PL‐12'@2ND FLR122' ‐1 3/4"711' ‐ 1 3/4"16' 0" x 6' 10"8' 0" x 2' 0"8' 0" X 6' 10"4' 0" x 4' 0"8' 0" x 3' 6"8' 0" X 6' 10"8' 0" x 3' 0"8' 6"x5' 0"8' 6"x 3' 0"5' 0" x 3' 6"16' 0" x 6' 10"8' 0" x 2' 0" 8' 0" x 2' 0"8' 0" X 6' 10"4' 0" x 4' 0"418 'x 8'5/4X4 HARDIE TRIM‐NIGHT GREY TO MATCH HARDIE  LAP SIDING METAL FASCIA, BLACKSTL METAL RAILING, PNTBLACK8X8 TIMBERS, STAINED  TO MATCH WOOD SIDING TYPMETAL ROOFING100' ‐ 0"25' ‐ 0"25' ‐ 0"25' ‐ 0"25' ‐ 0"12' ‐ 0"1' ‐ 0"12' ‐ 0"12' ‐ 0"11' ‐ 0"2' ‐ 0"13' ‐ 0"12' ‐ 0"12' ‐ 0"1' ‐ 0"12' ‐ 0"8' 0" x 3' 6"5' 0" x 3' 6"8' 6"x 3' 0"8' 6"x5' 0"8' 0" x 3' 0"8' 0" X 6' 10"18 'x 8'18 'x 8'18 'x 8'PRECAST CONC CAP112233218 'x 8'33255555T.O.SUB FLR @ 2ND FLR110' ‐1 3/4"T.O.PL @ 2ND FLR120' ‐2 7/8"T.O. SUB‐FLR @ 3RD FLR121' ‐3 1/2"T.O.PL@3RD FLR130' ‐4 5/8"T.O.PL @ 1ST FLR109' ‐1 1/8"T.O.SLAB @ 1ST FLR100' ‐0"DMKFCBJIAHET.O.PL‐8' @ 3RD FLR129' ‐4 5/8"GT.O.PL‐12'@2ND FLR122' ‐1 3/4"LN34' ‐ 11"  BLDG HGT1" / 12"74' ‐ 0"1' ‐ 0"3' ‐ 0"4' ‐ 0"2' ‐ 0"7' ‐ 0"18' ‐ 0"4' ‐ 0"2' ‐ 0"8' ‐ 0"8' ‐ 0"3' ‐ 0"6' ‐ 0"8' ‐ 0"2' 6" X 2' 0"2' 6" X 2' 0"2' 8" X 2' 0"4' 0" x 4' 0"4' 0" x 4' 0"4' 0" x 4' 0" 5' 0" x 4' 0"7' 6" x 4' 0"2' 6" X 2' 0"2' 6" X 2' 0"2' 6" X 2' 0"342544ELEVATION LEGEND1i1X8 LAP CEDAR SIDING‐CLEAR NATURAL STAIN OR EQDARK GRAY GALVINIZED METAL FLASHING(MATCHES ROOFING)6 1/4" HARDI LAP SIDING OR EQ‐NIGHT GREYVINYLE WDW & DR FRAME‐BLACKCLEAR DBL PANE LOW‐E GLAZING (NO MIRROR OR REFLECTIVE GLAZING) TYP3/4" CORRUGATED METAL‐LIGHT GREYGENERAL SHALESTANDARD BRICK‐BARRINGTON OR EQUAL1‐3/4" VERTICAL STANDING SEAM METAL ROOF OVER SOLID SUBSTRATE, 18" PANELS‐SLATE GREY OR EQHARDIE REVEAL PANEL SYSTEM OR EQ(NIGHT GREYEXTERIOR LIGHTS‐6" RECESSED INTO CEILING W/ BLACK TRIM KIT‐DARK SKY COMPLIANTSYMBOLMAT'L IMAGECOLOR & MATERIALSTEEL METAL RAILING‐PNT BLACK 2X3 TOP RAIL, 1"X.5" BARS11i21i31i41i5MODERN STEEL DOOR, FLUSH PANEL, R6.5 INSUL OR EQUALDRAWN BY:PROJECT #:REV DATEPHASEPRE SDDDCDDATEABCDBRIDGER VALE-FOURPLEXBOZEMAN, MT 59715---Author--------A3-209.25.18EXTERIOR ELEVATIONSSITE PLAN REVIEW1/4" = 1'‐0"A3‐21NORTH ELEVATION1/4" = 1'‐0"A3‐22EAST ELEVATION T.O.SUB FLR @ 2ND FLR110' ‐1 3/4"T.O.PL @ 2ND FLR120' ‐2 7/8"T.O. SUB‐FLR @ 3RD FLR121' ‐3 1/2"T.O.PL@3RD FLR130' ‐4 5/8"T.O.PL @ 1ST FLR109' ‐1 1/8"17T.O.SLAB @ 1ST FLR100' ‐0"9' ‐ 1 1/8"1' ‐ 0 5/8"10' ‐ 1 1/8"1' ‐ 0 5/8"9' ‐ 1 1/8"523T.O.PL‐8' @ 3RD FLR129' ‐4 5/8"1' ‐ 2"T.O.PL‐12'@2ND FLR122' ‐1 3/4"6' ‐ 10 1/4"5' ‐ 4"3' ‐ 9 3/4"5' ‐ 4"2' ‐ 8"8' ‐ 0"462' ‐ 0"12' ‐ 0"1' ‐ 0"12' ‐ 0"12' ‐ 0"1' ‐ 0"12' ‐ 0"2' ‐ 0"34' ‐ 11"  BLDG HGT1X2HARDIE TRIM TO MATCH SIDINGMETAL FASCIA, BLACKSTL METAL RAILING, PNT BLACK8X8 WD TIMBER, STAINED TO MATCH SIDINGCONCRETE CAP25' ‐ 0"25' ‐ 0"50' ‐ 0"4' 0" x 4' 0"4' 0" x 4' 0"7' 6" x 5' 0"7' 8" x 5' 4"7' 8" x 2' 0" 27' 8" x 5' 4"7' 8" x 2' 0" 27' 6" x 5' 0"4' 0" x 4' 0"4' 0" x 4' 0"4' 0" x 4' 0"7' 8" x 5' 4"7' 8" x 5' 4"4' 0" x 4' 0"3' 0" x 8' 0"3' 0" x 8' 0"2' 8" x 7' 0"2' 8" x 7' 0"355344223T.O.SUB FLR @ 2ND FLR110' ‐1 3/4"T.O.PL @ 2ND FLR120' ‐2 7/8"T.O. SUB‐FLR @ 3RD FLR121' ‐3 1/2"T.O.PL@3RD FLR130' ‐4 5/8"T.O.PL @ 1ST FLR109' ‐1 1/8"T.O.SLAB @ 1ST FLR100' ‐0"GIFENMCJHT.O.PL‐8' @ 3RD FLR129' ‐4 5/8"T.O.PL‐12'@2ND FLR122' ‐1 3/4"ABLKD1" / 12"34' ‐ 11"  BLDG HGT73' ‐ 0"8' ‐ 0"1' ‐ 0"5' ‐ 0"3' ‐ 0"6' ‐ 0"2' ‐ 0"9' ‐ 0"5' ‐ 0"9' ‐ 0"9' ‐ 0"7' ‐ 0"2' ‐ 0"7' ‐ 0"2' 6" X 2' 0"2' 6" X 2' 0"2' 6" X 2' 0"7' 6" x 4' 0"5' 0" x 4' 0" 4' 0" x 4' 0"4' 0" x 4' 0"2' 8" X 2' 0"4' 0" x 4' 0"334445ELEVATION LEGEND1X8 LAP CEDAR SIDING‐CLEAR NATURAL STAIN OR EQDARK GRAY GALVINIZED METAL FLASHING(MATCHES ROOFING)6 1/4" HARDI LAP SIDING OR EQ‐NIGHT GREYVINYLE WDW & DR FRAME‐BLACKCLEAR DBL PANE LOW‐E GLAZING (NO MIRROR OR REFLECTIVE GLAZING) TYP3/4" CORRUGATED METAL‐LIGHT GREYGENERAL SHALESTANDARD BRICK‐BARRINGTON OR EQUAL1‐3/4" VERTICAL STANDING SEAM METAL ROOF OVER SOLID SUBSTRATE, 18" PANELS‐SLATE GREY OR EQEXTERIOR LIGHTS‐6" RECESSED INTO CEILING W/ BLACK TRIM KIT‐DARK SKY COMPLIANTSYMBOLMAT'L IMAGECOLOR & MATERIALSTEEL METAL RAILING‐PNT BLACK 2X3 TOP RAIL, 1"X.5" BARS1i21i31i41i5MODERN STEEL DOOR, FLUSH PANEL, R6.5 INSUL OR EQUALDRAWN BY:PROJECT #:REV DATEPHASEPRE SDDDCDDATEABCDBRIDGER VALE- DUPLEXXXXX---Author--------A3-1b09.25.18EXTERIOR ELEVATIONSSITE PLAN REVIEW1/4" = 1'‐0"A3‐1b1SOUTH ELEVATION1/4" = 1'‐0"A3‐1b2WEST ELEVATION T.O.SUB FLR @ 2ND FLR110' ‐1 3/4"T.O.PL @ 2ND FLR120' ‐2 7/8"T.O. SUB‐FLR @ 3RD FLR121' ‐3 1/2"T.O.PL@3RD FLR130' ‐4 5/8"T.O.PL @ 1ST FLR109' ‐1 1/8"17T.O.SLAB @ 1ST FLR100' ‐0"523T.O.PL‐8' @ 3RD FLR129' ‐4 5/8"7 0 .00°9' ‐ 0"16' ‐ 0"T.O.PL‐12'@2ND FLR122' ‐1 3/4"18' ‐ 1 3/4"16' 0" x 6' 10"8' 0" x 2' 0" 8' 0" x 2' 0"8' 0" X 6' 10"4' 0" x 4' 0"46METAL FASCIA, BLACKMETAL STANDING SEAM ROOF11' ‐ 1 3/4"50' ‐ 0"2' ‐ 0"12' ‐ 0"1' ‐ 0"12' ‐ 0"12' ‐ 0"1' ‐ 0"12' ‐ 0"2' ‐ 0"333318 'x 8'18 'x 8'4' 0" x 4' 0"8' 0" X 6' 10"16' 0" x 6' 10"8' 0" x 2' 0"8' 0" x 2' 0"4422T.O.SUB FLR @ 2ND FLR110' ‐1 3/4"T.O.PL @ 2ND FLR120' ‐2 7/8"T.O. SUB‐FLR @ 3RD FLR121' ‐3 1/2"T.O.PL@3RD FLR130' ‐4 5/8"T.O.PL @ 1ST FLR109' ‐1 1/8"T.O.SLAB @ 1ST FLR100' ‐0"GIFENMCJHT.O.PL‐8' @ 3RD FLR129' ‐4 5/8"T.O.PL‐12'@2ND FLR122' ‐1 3/4"ABLKD1" / 12"34' ‐ 11"  BLDG HGT73' ‐ 0"7' ‐ 0"2' ‐ 0"7' ‐ 0"9' ‐ 0"9' ‐ 0"5' ‐ 0"9' ‐ 0"2' ‐ 0"6' ‐ 0"3' ‐ 0"5' ‐ 0"1' ‐ 0"8' ‐ 0"553443424' 0" x 4' 0"4' 0" x 4' 0"7' 6" x 4' 0"5' 0" x 4' 0"2' 6" X 2' 0"2' 6" X 2' 0" 2' 6" X 2' 0"2' 8" X 2' 0"4' 0" x 4' 0"ELEVATION LEGEND1X8 LAP CEDAR SIDING‐CLEAR NATURAL STAIN OR EQDARK GRAY GALVINIZED METAL FLASHING(MATCHES ROOFING)6 1/4" HARDI LAP SIDING OR EQ‐NIGHT GREYVINYLE WDW & DR FRAME‐BLACKCLEAR DBL PANE LOW‐E GLAZING (NO MIRROR OR REFLECTIVE GLAZING) TYP3/4" CORRUGATED METAL‐LIGHT GREYGENERAL SHALESTANDARD BRICK‐BARRINGTON OR EQUAL1‐3/4" VERTICAL STANDING SEAM METAL ROOF OVER SOLID SUBSTRATE, 18" PANELS‐SLATE GREY OR EQEXTERIOR LIGHTS‐6" RECESSED INTO CEILING W/ BLACK TRIM KIT‐DARK SKY COMPLIANTSYMBOLMAT'L IMAGECOLOR & MATERIALSTEEL METAL RAILING‐PNT BLACK 2X3 TOP RAIL, 1"X.5" BARS1i21i31i41i5MODERN STEEL DOOR, FLUSH PANEL, R6.5 INSUL OR EQUALDRAWN BY:PROJECT #:REV DATEPHASEPRE SDDDCDDATEABCDBRIDGER VALE- DUPLEXXXXX---Author--------A3-2b09.25.18EXTERIOR ELEVATIONSSITE PLAN REVIEW1/4" = 1'‐0"A3‐2b1NORTH ELEVATION1/4" = 1'‐0"A3‐2b2EAST ELEVATION Bridger Vale Subdivision 26 Declaration of Covenants, Conditions and Restrictions EXHIBIT “E” Bridger Vale Subdivision Design Review Application Form Bridger Vale Subdivision Design Review Application Form 1 DESIGN REVIEW APPLICATION FORM Date: Lot #: Owner: Name(s) Mailing Address for Correspondence City, State, Zip Daytime Telephone Number Email Address Architect: Name(s) Mailing address for Correspondence City, State, Zip Daytime Telephone Number Fax Number Email Address Submission Requirements: • Anticipated project schedule • Completed Design Review Application Form • Documents listed at Design Guidelines, I. ARCHITECTURAL CONTROL, E. DESIGN SUBMITTAL Submitted by: Owner/Architect Date Bridger Vale Subdivision 27 Declaration of Covenants, Conditions and Restrictions EXHIBIT “F” Bridger Vale Subdivision PUD REMU FLOOR AREA TRACKING MECHANISM REMU FLOOR AREA TRACKING MECHANISM BRIDGER VALE PUD SUBDIVISION BREAKDOWN Block # Lot # Proposed Use Gross Floor Area Block 1 Lot 1 Non-Residential TBD SF Block 2 Lot 1 Residential 3668 SF Lot 2 Residential 3342 SF Lot 3 Residential 3342 SF Lot 4 Residential 3668 SF Lot 5 Residential 3668 SF Lot 6 Residential 3342 SF Lot 7 Residential 3342 SF Lot 8 Residential 3668 SF Lot 9 Residential 3668 SF Lot 10 Residential 3442 SF Lot 11 Residential 3442 SF Lot 12 Residential 3668 SF Lot 13 Residential 3668 SF Lot 14 Residential 3442 SF Lot 15 Residential 3442 SF Lot 16 Residential 3668 SF Lot 17 Residential 3668 SF Lot 18 Residential 3442 SF Block 3 Lot 19 Residential 3668 SF Lot 20 Residential 3442 SF TOTAL AREA FOR DEVELOPMENT 70700 SF 21210 SF PROPOSED TOTAL RESIDENTIAL FLOOR AREA MAXIMUM NON-RESIDENTIAL FLOOR AREA (30%) Bridger Vale Subdivision 28 Declaration of Covenants, Conditions and Restrictions EXHIBIT “G” Approved Weed Plan Bridger Vale Subdivision 29 Declaration of Covenants, Conditions and Restrictions EXHIBIT “H” Stormwater Maintenance Plan INSPECTION AND MAINTENANCE FOR STORMWATER MANAGEMENT FACILITIES The Property Owners Association shall be responsible for the maintenance of the stormwater drainage facilities within the site. The following areas, facilities will be inspected and the identified deficiencies shall be corrected. Clean-out must include the removal and legal disposal of any accumulated sediments and debris from the entire stormwater management system. POA will be responsible for contacting local solid waste division with regards to legal disposal of sediments from stormwater facilities. Storm Water Facilities: 1. Retention Ponds/Detention Ponds: Inspect ponds annually and after major storms (following three days of dry weather after a storm event exceeding ¼ inch of precipitation.) and correct any identified deficiencies to ensure that it is working in its intended fashion and that it is free of trash and debris. Failure for water to percolate or pass through outlet structure within this time period indicates clogging or poor-draining soils. Replace/repair as necessary. Remove and properly dispose of any accumulated sediment or debris as needed. Inspect the embankments and drainage structures for settlement, slope erosion, and downstream swamping. Mow the embankment to control woody vegetation. Remove woody debris from the bottom of the pond. Inspect for channelization at bottom of pond and remove any channels observed. Regrade as required if any channels are found that are not an element of the original design. Remove grass clippings, litter, and debris from ponds. 2. Culverts: Inspect culverts 2 times per year (preferably in spring and fall) to ensure that the culverts are working in their intended fashion and that they are free of debris. Remove any obstructions to flow; remove accumulated sediments and debris at the inlet, at the outlet, and within the conduit and to repair any erosion damage at the culvert’s inlet and outlets around the reinforced concrete flared end section. 3. Detention Pond Outlet Structures: Inspect Outlet Control Structures 2 times per year (preferably in spring and fall) to ensure that these structures are working in their intended fashion, free of debris and that the orifice and trash racks are unobstructed from trash and debris. Clean structures when sediment depths accumulate to the invert of outlet or to the bottom of the inlet weir. Remove floating debris and hydrocarbons if observed at the time of the inspection. 4. Storm Drainage Piping and Manholes Inspect pipe system 2 times per year (preferably in Spring and Fall) via manhole cover access into structures. Clean system when sediment depth reaches the bottom of inlet and outlet piping. Remove and dispose of any sediments or debris (see note at the bottom of page 2 for further detail on sediment disposal). Inspect pipe for any obstruction and remove obstructions immediately. Repair/replace damaged pipes and manholes if observed. 5. Vegetated Areas: Inspect slopes and embankments early in the growing season to identify active or potential erosion problems. Replant bare areas or areas with sparse growth. Where rill erosion is evident, armor the area with an appropriate lining or divert the erosive flows to on-site areas able to withstand the concentrated flows. The facilities will be inspected after major storms and any identified deficiencies will be corrected. 6. Ditches, Swales, Stormwater Chases and other Open Stormwater Channels: Inspect 2 times per year (preferably in Spring and Fall) to ensure they are working in their intended fashion and that they are free of sediment and debris. Remove any obstructions to flow, including accumulated sediments and debris and vegetated growth. Repair any erosion of the ditch lining. Vegetated ditches will be mowed at least annually or otherwise maintained to control the growth of woody vegetation and maintain flow capacity. Any woody vegetation growing through riprap linings must also be removed. Repair any slumping side slopes as soon as practicable. If the ditch has a riprap lining, replace riprap on areas where any underlying filter fabric or underdrain gravel is showing through the stone or where stones have dislodged. Correct any erosion of the channel's bottom or side slopes. The facilities will be inspected after major storms and any identified deficiencies will be corrected. For concrete stormwater chase structures with metal “no slip” cover. Inspect covers to ensure metal edges aren’t protruding above the concrete surface. Correct deficiencies if found. Repair damaged or badly cracked stormwater chases if observed. Standard Maintenance Summary: 1. Remove sediment and oil/grease from retention ponds. 2. Inspect and remove debris from drainage swales, catch basins, and detention ponds. 3. Monitor health of vegetation and revegetate as necessary to maintain full vegetative cover. 4. Inspect for the following issues: differential accumulation of sediment, drain time, signs of petroleum hydrocarbon contamination (odors, oil sheen in pond water), standing water, trash and debris blockages. Note on sediment disposal: In most cases, sediment from a detention pond does not contain toxins at levels posing a hazardous concern. However, sediments should be tested for toxicants in compliance with current disposal requirements and if land uses in the drainage area include commercial or industrial zones, or if visual or olfactory indications of pollution are noticed. Sediments containing high levels of pollutants should be disposed of in accordance with applicable regulations and the potential sources of contamination should be investigated and contamination practices terminated. Equipment Type/Access: All drywells will be cleaned using vacuum trucks. All vacuum trucks will access the site through the proposed alley and parking lot. Cost Estimate: Depending on the amount of rainfall in the given year, the cost to maintain the stormwater infrastructure will vary. It is estimated that the drywells will need to be vacuumed out once per year, with an estimated cost of $1,500 to do so. The applicant will be responsible for financing the maintenance of the stormwater infrastructure.