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5.11 lItem # 5. 11. • .. City of MEMORANDUM Elk ,. River TO: Planning Commission FROM: Scott Harlicker, Senior Planner DATE: January 23, 2001 SUBJECT: Case No. OA 01-01 Request by the City of Elk River to Amend the Cluster Subdivision Ordinance Request Consider a request by the City of Elk River to amend the cluster subdivision ordinance Attachments • Existing ordinance • Design standards — Liberty on the Lake Overview It has been about 1 year since the City adopted the cluster ordinance. Since its adoption we have approved four cluster developments: Windsor Park, Rolling Hills, Whitetail Ridge and Meadowwoods Village. Preliminary application for a fifth development, Ridges at Rice Lake, is before the Commission this month. With each new development, staff, the City Council and the Planning Commission have noted or commented on sections of the ordinance that could be fine-tuned. At the December 12th workshop the Commission discussed staff and Council comments and offered their own. I would like to reiterate staff, Council and the Commission's comments below: • Leap frog development — the cluster ordinance seems to be encouraging development of agricultural property at the far corners of the City. The density bonus for the agricultural district may be too high. • • Quality of open space — the quality of the preserved open space is lower than what was anticipated. The ordinance could be adjusted so that higher 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone (763) 441-7420 • Fax (763) 441-7425 Memo to Planning Commission/OA 01-01 January 23, 2001 Page 2 • quality usable open space is preserved. One option might be to include a certain percentage of"buildable area" as part of the preserved open space; another option would be to include portions of the shoreline ordinance's section on design criteria for PUDs. • The ordinance should include a clear mechanism for the City to say "no, this property is not suitable for cluster development". • Accessory structures on open space — When open space is left as outlots, which is how open space is currently being platted, building permits can not be issued for those lots. Platting open space as a lot would allow the homeowners association to pull building permits for the construction of accessory structures, if the covenants and deed restrictions allow. • We need to better define the term "architectural theme". Should it include items such as landscaping, signage, lighting and accessory structures. Design standards, similar to those approved as part of a PUD, could also be used. • We need to clarify the density bonus calculation formula • In order to give developments a more pedestrian feel, front yard setbacks could be reduced to 20 feet. • Eliminate architectural themes as a bonus; make them a requirement. Responses to Comments The following ideas on how to address the above concerns are offered for the Commission's consideration. Staff will take the Commission's comments and incorporate them into a formal ordinance amendment next month. Leap frog development One method to discourage leap frog development would be to reduce the density bonus in the agricultural district. Currently the density formula for the agricultural district is to divide the size of the property to be developed by 10 then multiply by 2.15 (120 ac. / 10) x 2.15 = 25.8 or 26 lots. If the density bonus were lowered, there would be less incentive to develop the agricultural land. Another method might be to limit the use of cluster development to within a certain distance of existing platted property. Property, in order to be platted as a cluster development, would have to be within a 1/2 mile or a mile of an • existing plat. S:\PLANNING\SCOTT\OA0101.DOC Memo to Planning Commission/OA 01-01 January 23, 2001 Page 3 SThe ordinance could also be amended to eliminate the cluster option in the Al district. This would limit open space development to the RI District south of County Road 33. Quality of open space One way to preserve higher quality open space would be to include a certain percentage of "buildable area" as open space. Buildable area is defined as gross land area less the land that includes floodways, hydric and restrictive soils, lands with slopes greater than 33%, wetlands, and areas that can not accommodate septic systems. Currently the percent of open space is based on "eligible land". Eligible land includes all land except type 3, 4 and 5 wetlands, street right-of-way and areas occupied by streams, rivers or lakes. Eligible land is much less restrictive than buildable land. When determining percentage of open space at least a certain percentage (25% -50%) of the total open space must be buildable area, the remaining could be eligible land. The ordinance could also be amended to give the City the option of requiring that shoreland and areas along streams be included as preserved open space. Architectural Theme • We need to better define what type of standards the city would like included as architectural themes. As an example of what other developments are doing, I have attached the design standards for a cluster development in Stillwater called "Liberty on the Lake". Another method to address the issue of architectural standards is to make them a requirement and eliminate them as an optional bonus feature. Front Yard Setback This issue is related to the architectural theme. Often, when designing open space developments, a pedestrian friendly environment is desired. This can be made more difficult with the standard 30 foot front yard setback, which is what is currently required in our ordinance. In order to allow more flexibility and allow for additional tree preservation, the front yard setback could be reduced to 20 feet. This would bring the house closer to the street while still allowing adequate space for off street parking. Density Bonus Calculations It is currently not clear how the 5% density bonus should be calculated, whether it is based on zoning district density or the open space density. The • S:\PLANNING\SCOTT\OA0101.DOC Memo to Planning Commission/OA 01-01 January 23,2001 Page 4 • intention was that it should be based on the zoning district density, and the following formula should be included to make it clear: R1 a district - eligible land 24 ac. Density bonus: (24/2.5) x .05 = .48 In this example each 5% density bonus would be worth .48 lots Al district - eligible land 42 ac. Density bonus: (42/10) x .05 = .21 In this example each 5% density bonus would be worth .21 lots Accessory Structures on Open Space In order to issue building permits, the property has to be platted. Building permits cannot be issued for outlots. Therefore, the open space lots should be platted and not left as outlots. Suitability of Property for Open Space Development There has been some discussion regarding the City's ability to say no, this piece of property is not suitable for cluster development. By tightening the standards for acceptable open space and controlling the "leap frog" affect of developing distant parcels, the City will be able to justify saying "no" to a • cluster development proposal. Strict interpretation of the design standards for open space and lot design guidelines will also limit what parcels would be suitable for open space development. S:\PLANNING\SCOTT\OA0101.DOC 4 ORDINANCE 99- CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTIONS 900.08, 900.12 AND 1008.20 OF THE CITY CODE OF ORDINANCES ESTABLISHING OPEN SPACE PRESERVATION PLATS AS A PERMITTED USE IN THE R1A AND Al ZONING DISTRICTS AND ESTABLISHING STANDARDS FOR THEIR CREATION- Case No. OA 98-3 The City Council of the City of Elk River does ordain as follows: • Section 1. Definitions, section 900.08, of the City of Elk River Code of Ordinances shall be amended to add the definitions as follows: 900 . 08 - DEFINITIONS • COITION GARDENS: Land used by residents of a development for the production of trees, vegetables, fruits and flowers . COMMUNITY SERVICE AGRICULTURE: Horticulture and Floriculture that serves the local area. FLORICULTURE: The cultivation and management of ornamental and flowering plants for sale on site from a wayside stand. HORTICULTURE: The cultivation and management of trees, plants, grasses, vegetables and fruits for sale on site from a wayside • stand STABLE (PRIVATE) :" The keeping, breeding, raising and use of horses or ponies on open space owned and maintained by an association of adjacent property owners for the exclusive personal use and enjoyment of association members and for which commercial gain is not the objective. • • s OSPD Ordinance 11/19/99 Page 2 WAYSIDE STAND: A structure used for the seasonal retail sale of agricultural goods, floriculture, and horticulture produced by the operator of the wayside stand. The operator of the stand must provide written permission of the property owner to the City. Section 2. The A-1, Agricultural Conservation District, section 900.12(4), of the City of Elk River Code of Ordinances shall be amended to read as follows: A. Permitted Uses xi. Open Space Preservation Development plats (Residential Clustering) C . Conditional Uses xviii . Cooperative gardening in Preserved Open Space xix. Horticulture and floriculture services in Preserved Open Space xx. Private stables in Preserved Open Space xxi . Wayside stand in Preserved Open Space Section 3. The R-la, Single Family Residential, section 900.12(5), of the City of Elk River Code of Ordinances shall be amended to read as follows: A. Permitted Uses 410 vii . Open Space Preservation Development plats within Rla (Residential Clustering) C . Conditional Uses xv. Cooperative gardening in Preserved Open Space xvi . Horticulture and floriculture services in Preserved Open Space xvii. Private stables in Preserved Open Space xviii. Wayside stand in Preserved Open Space Section 4. The City of Elk River Subdivision Ordinance, section 1008.20, shall be amended to add Open Space Preservation Plat standards as follows: 1008 .20 - OPEN SPACE MAINTENANCE, PRESERVATION AND DEVELOPMENT 1 . Maintenance Of Common Open Space: Operating and Maintenance Requirements For Residential Subdivision Common Open Space Facilities. Where certain land areas or structures are provided within the subdivision for private recreational use or as common service facilities, the owner of such land and buildings shall enter into an agreement with the city to assure their continued operation and maintenance to a predetermined reasonable standard. These common areas may be placed under the ownership of one of the following, depending upon which is more appropriate in the 411 discretion of the City: s:\document\ordinanc\oa98-3.doc OSPD Ordinance 11/19/99 Page 3 A. Dedicated to the public where a community-wide use would be anticipated; or B. Subdivider' s ownership and control; or C. Landowners (Homeowners) Association ownership and control, provided all of the following conditions are met: i . The Landowners (Homeowners) Association must be established prior to the sale of any lot; ii. Membership must be mandatory for each owner and any successor in interest; iii . The open space restrictions must be in perpetuity and not for specified term of years; iv. The Association must be responsible for liability insurance, local taxes, and the maintenance of residential and other facilities; v. Landowners (Homeowners) must pay their pro rata share of associated costs and the assessment levied by the Association shall become a lien on the property in accordance with the Law; and vi . The Association must be able to adjust the assessment to meet changed circumstances and needs. 2 . Open Space Preservation Plats A. Statement of Purpose. The purpose of Open Space Preservation Plats (OSP) is to maintain the rural and semi- rural character of Elk River and provide public benefit by preserving woodlands, vegetated corridors, agricultural land, open space, and other significant natural features; require less land for development, and to allow an alternative to standard single-family detached residential plats in the Rla and Al districts in accordance with this ordinance, the City Subdivision Regulations and the intent and purpose of the City' s Comprehensive Plan. B. Objectives: i . Preserve permanent natural habitat, vegetated corridors for the movement of wildlife, scenic enjoyment, recreational use, agriculture and rural identity. ii. Allow innovation and greater flexibility in the design of residential developments . s:\document\ordinanc\oa98-3.doc OSPD Ordinance 11/19/99 Page 4 iii . Provide for site development that maintains a low visual impact, particularly along arterial roadways and abutting properties . iv. Create cohesive neighborhoods in order to establish local identity and community interaction. v. Physically integrate neighborhoods, open spaces, and places of destination in order to establish municipal identity and community interaction. vi . Reduce the costs of construction and maintenance of public facilities, infrastructure and services . C. Definitions BUILDABLE LAND AREA: The gross land area less the unbuildable land area that includes floodways, hydric and restrictive soils, land with slopes over 33%, wetlands and areas that cannot accommodate septic systems . CONSERVATION EASEMENT: A legal agreement creating an interest in real property created in a manner to impose limitations or affirmative obligations regarding the use of property including the retention, protection, and maintenance of open space. • ELIGIBLE LAND: All land within the boundaries of a tract for the purposes of calculating density, except for land in existing public road right-of-ways or any area occupied by rivers, streams, lakes or any area one acre or larger and classified as a US Army Corps of Engineers Type 3, 4, or 5 wetlands, as described in the US Army Corps of Engineers pamphlet entitled, "10 Important Questions, " US Government Printing Office No. 1979-768-929. GROSS ACRES: The total area of a parcel of land including wetlands, hydric soils, steep slopes, internal streets, and dedicated easements . LAND TRUST: A nonprofit organization that, as all or part of its mission, works to conserve land by undertaking or assisting direct land transactions - primarily the purchase or acceptance of donations of land or easements . PRESERVED OPEN SPACE: A tract of land with a conservation easement over it that is used for, but not limited to, agriculture, natural habitat, walkways (sidewalks) and pathways or recreation. D. Procedure. All procedures for a Standard Subdivision, • Section 1008 . 08, shall be followed for an OSP Plat with the addition of the following: s:\document\ordinanc\oa98-3.doc OSPD Ordinance 11/19/99 Page 5 i. In addition to a preapplication meeting with the City, it is recommended that the applicant meet with potential conservation easement holders in order to be made fully aware of any procedures, policies, or other issues regarding the plat . ii. In addition to a preapplication meeting with the City, a Sketch/Concept Plan shall be required that includes the following: a. Topography (minimum of 10 ft . contours) . b. Soil Types, and characteristics, such as depth to water table. c. Hydrological features including surface water bodies, floodplains, wetlands, natural swales and drainage ways . d. Vegetation of the site, (pasture, woodlands, hedgerows, etc. ) . e . Description of the current land use and structures on the land, and all encumbrances such as easements or covenants . Sf. All roads, buildings, utilities, property boundaries, and property use within 500 feet of the tract. g. An outline of the land area to be protected as open space or park, the number and acreage of lots, areas proposed for storm water management and on or off site sewage treatment. h. All possible future roads, parks and open space on or adjacent to the subject property. i . Preliminary calculation of the amount of acreage that is public road right of way and the amount of acreage that is DNR regulated wetlands, and or public water bodies . iii. Data For Preliminary Plat. All information required to be submitted in Section 1008 . 10 of the Elk River Subdivision Ordinance is required to be submitted with OSP plats with the addition of the following: a. Resource Inventory presented on an aerial photograph at a scale of no less than 1 inch = 200 feet. s:\document\ordinanc\oa98-3.doc OSPD Ordinance 11/19/99 Page 6 • i) Slopes of more than 33% with a minimum run of 20 feet. ii) Soil types and characteristics, such as depth of water table. iii) Vegetation inventory identifying the general cover types (woodland, pasture etc) , defining boundaries of woodland areas and stand alone trees with a caliper of more than eighteen (18) inches when measured at a point four (4) feet above the ground level . Vegetation types shall be classified as generally deciduous, coniferous or mixed and described by plant community, relative age and condition. Trees to be removed for streets, drives, buildings, drainage or other purposes shall be identified. iv) Current land use including all buildings, structures, paved areas, and all encumbrances, such as easements or covenants. v) Visual resources, showing views onto the tract from surrounding roads and public areas, as well as views within the tract. vi) Cultural resources : brief description of historic character of buildings and structures, historically important landscapes, and archeological features . vii) Context: general outlines of existing buildings, land use,. and natural features such as water bodies or wooded areas, roads and property boundaries within 500 feet of the tract. b. A calculation of the proposed OSP plat density as determined by this ordinance, section F. c. A narrative from the applicant as to the rational behind the proposed layout and open space. d. An itemized list of all documents, agreements and actions necessary to be completed prior to recording of the plat including: Si) Land area to be protected with a conservation easement as open space or s:\document\ordinanc\oa98-3.doc OSPD Ordinance 11/19/99 Page 7 4110 park, the number and acreage of lots, areas proposed for storm water management and on or off site sewage treatment. f. Homeowner' s Association Documents including bylaws, deed restrictions, covenants, and proposed conservation easements (prepared by holder of conservation easement) g. Management (replacement and repair) plan of collector sewage treatment systems as approved by the City. The plan should clearly identify the following: i) The ownership of the shared sewage system; ii) Annual schedule for maintenance, inspection and monitoring of the shared sewage system; iii) Contingency plan in the event of failure of the shared sewage system; iv) Provision describing how the sewage treatment portion of the system will be S protected from vehicles, animals, humans and other sources of risk; v) Assignment of responsibility for the management and payment of the shared system; vi) The name and license number of the system' s designer. E. Development Standards. Open Space Preservation plats shall comply with the following minimum standards except where the City Council determines that alternative standards meet the intent of the ordinance: i . Land Area a. A minimum gross acreage for open space preservation development is 20 acres . b. A minimum of fifty (50%) percent of the Eligible Land for development shall be dedicated as preserved open space protected by a conservation easement. 11111 ii. Open Space Requirements. Open space intended to be preserved as part of an open space preservation development shall meet the following criteria: s:\document\ordinanc\oa98-3.doc OSPD Ordinance 11/19/99 Page 8 a. Open spaces shall be protected by the placement of a conservation easement over them. b. Open space shall be in a contiguous, connected configuration including or adjacent to existing natural areas or parks . c. Open space in long narrow corridors in back yards does not qualify as open space for conservation easements . d. Open space shall be maintained free of noxious weeds, litter or debris . e. Open space shall be owned by an individual, homeowner' s association, or other legal entity which will use the land for open space purposes pursuant to a conservation easement. f. Open space may be dedicated as City Park with arecommendation by the Park and Recreation Commission, and if so, shall comply with the City of Elk River Master Park and Recreation Plan and Section 1008 . 18 of the Elk River Subdivision Ordinance iii. Homeowner's Associations. Where applicable, a homeowner' s association shall be established to permanently maintain all Preserved Open Space and recreational facilities . Such homeowner' s association management agreements shall be established prior to the sale of any lots . Homeowner' s association management agreements shall include the following: a. Legal description of the common lands or facilities . b. Membership in the Association is mandatory for all purchasers of homes in the development and their successors. c. Restrictions placed upon the use and enjoyment of the lands or facilities including the persons or entities entitled to enforce the restrictions. d. A mechanism for resolving disputes among the owners or association members . e. Provide standards for scheduled maintenance of open spaces . s:\document\ordinanc\oa98-3.doc OSPD Ordinance 11/19/99 Page 9 • f. Provide a plan guaranteeing continuing maintenance of open spaces that shall be submitted to the City Council as part of the data requirements for an open space development. g. A mechanism to assess and enforce the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes and insurance premiums . h. The conditions and timing of the transfer of ownership and control of land or facilities to the Association or the common ownership. i. Any proposed change in the articles of association or incorporation shall require the prior written approval of the City. j . Any other matters the developer or City deems appropriate . iv. Park Dedication Requirements. Park dedication fee requirements shall be based upon the number of lots that could be created with a conventional standard subdivision layout if fees are paid in lieu of land. 411110 v. Water and Sewer Systems . a. Water may be provided by individual on-site wells, or by one or more community wells in open space areas, meeting all Minnesota Department of Health requirements . b. Shared sewage treatment systems are required and may be located in common open space within an easement. A sewage management plan must me submitted to the City of Elk River that must be reviewed and approved prior to being recorded with the final plat . The plan shall clearly identify the following: i) The ownership of the shared sewage system; ii) An annual schedule for maintenance, inspection and monitoring of the shared sewage system; iii) Contingency plan in the event of failure of the shared sewage system; • iv) Provision describing how the sewage treatment portion of the system will be s:\clocument\ordinanc\oa98-3.doc r • OSPD Ordinance 11/19/99 Page 10 protected from vehicles, animals, humans and other sources of risk; v) Assignment of responsibility for the management and payment of the shared system; vi) The name and license number of the system' s designer. vi. Dimensional Regulations. The dimensional regulations for Open Space Preservation Plats may be reduced from the underlying zoning district dimensional regulations provided they comply with the following minimums : a. Minimum Lot Size: 11, 000 sq. ft. (80 ft. x 130 ft. , 100 ft. width on corner lots) . b. Building Setbacks. Front 30' Side 10' Garage Side 5' • Rear 20' c. Maximum impervious surface within each lot shall be 25% . d. Street Standards shall comply with the Elk River Subdivision Ordinance, section 1008 . vii. Lot Design Guidelines. Residential lots should be designed to achieve one or more of the following objectives : a. Oriented around a central focal point such as : i) A central green or square ii) A physical amenity such as a meadow, stand of trees, a stream or water body, or some other natural feature. iii) A street with a boulevard planted with shade trees and a central parkway or median at least 25 feet wide. b. Located to preserve woodlands, farmland or other natural features or character including s:\document\ordinanc\oa98-3.doc OSPD Ordinance 11/19/99 Page 11 i places of historic, archeological or cultural value and their environs . c. Located such that at least 50% of the lots within a neighborhood abut open space on at least one side. A local street may separate lots from open space . d. Views shall be preserved on and off-site to the maximum possible. e. Locate neighborhood recreation open spaces such that they are an integral part of the neighborhood or the surrounding home sites, are at an elevation appropriate to their intended recreational use, have boundaries that are clearly defined and are accessible to all neighborhood residents from a public street. f. Preserve natural habitat to the maximum extent possible in a contiguous, connected configuration. Natural open spaces may include, but are not limited to, fields, wetlands, slopes, bluffs, woods, lakes, ponds, streams, shore lands, and other environmentally sensitive areas . g. Connect individual home sites with pedestrian corridors or sidewalks to larger open spaces and places of destination on and off site . Open spaces should be accessible to pedestrians at roughly (1, 200) foot intervals along public roadways . Pedestrian corridors between lots shall be at least (50) feet in width and buffered from view of adjacent properties . h. Buffer residential properties from incompatible uses with buffer zones of at least (100) feet to minimize land use conflicts . The buffer zones shall be thickly planted with native grasses, shrubs and trees . Roads may be included in the buffer that will create an effective barrier separating yards from fields and pastures . i. Minimizes development fronting onto existing arterial roads by establishing buffer zones with existing and native vegetation to protect rural roadside character and to improve public safety and traffic carrying capacity. j . Locate houses and garages such that the garages do not dominate the streetscape. s:\document\ordinanc\oa98-3.doc • s • OSPD Ordinance 11/19/99 Page 12 • k. Locate septic systems on the most suitable soils for sub-surface septic disposal. 1. Landscape common areas and street right-of- ways with native vegetation with high wildlife conservation value. F. Density. To calculate the base density for a given tract: i . Determine the Eligible Land (See definition) . ii . In the R1-a zoning district, divide the eligible land by 2 .5 then multiply by 1 . 15 to determine the number of lots . • Example: Eligible land area: 24 acres Zoning district density: 2 .5 acres OSP density: (24 / 2 . 5) x 1 . 15 = 11 .04, or 11 lots iii . In the A-1 zoning district divide the eligible land by 10 and multiply by 2 . 15 to determine the number of lots. 1111 Example: Eligible land area: 42 acres Zoning district density: 10 acres OSP density: (42 / 10) x 2 . 15 = 9. 03, or 9 lots iv. Density bonuses. At the discretion of the City Council, density bonuses may be permitted which allow projects to be developed at a density greater than otherwise allowed provided that one or more of the following standards are complied with. Each standard provides an additional density increase above the allowed zoning district density with a maximum density increase of 40% above the allowed zoning district base density. a. Creating an endowment to the land trust or homeowners association where the principal would generate sufficient annual interest to cover the conservation easement holder' s yearly costs (5% bonus) . b. Providing for access by the general public to trails, parks, or other recreational facilities, excluding golf courses (5% bonus) . s:\document\ordinanc\oa98-3.doc OSPD Ordinance 11/19/99 Page 13 Sc. An additional 10% open space is provided above the required 50% buildable open space (5% bonus) . d. Reusing existing buildings and structures or preserving specific site features inventoried by the County, City, or State Historical Preservation Office (5% bonus) . e. Provide covenants to create an architectural theme to include items such as, porches, side or rear loaded or detached garages (5% bonus) . Section 5. That this ordinance shall take effect , 1999, upon publication as provided by law. Passed and adopted by the City council of the City of Elk River this day of , 1999. Stephanie Klinzing Sandra A. Peine Mayor • s:\document\ordinanc\oa98-3.doc , Design Guidelines IIIArchitectural Review & Design Guidelines for : , `!mP;n derOn tine Laic9 ... .,.... Sbllwaters Nev Smell Town Neighborhood. I . GENERAL L O T PLANNING GUIDES Careful siting of each home must seek to fit the topography, protect existing vegetation, views, open space and other features that define the character of this neighborhood. These guidelines will further this goal by establishing criteria aimed at achieving quality levels of landscape architecture and sensi- tive site plans. Our goal is beautiful streetscapes and open spaces, interesting and complementary lot amenity features, paving and planting design. Careful consideration must be made for future addi- tions, decks, fences, and screened porches. Consultation with a landscape consultant is recommended at the early stages of planning. SUMMARY EXAMPLE DETAIL A. HOME SITING • Desi n for the 1. Home plan and siting should take advan- g tage of sun,views and provide for both pri- f your specif- ue aspects ovacy and front yard neighboring opportuni- ic site and ties, while also creating attractive off-lot overall neigh- impacts and respecting sight lines of other borhood. ',� /` -- homes. . 77 .._ 2. Respect the existing topography and l work with it. al -... ::“ ; 3. ARC may require maintenance of sight ,d — - lines of other homes to natural or built amenities. B. TREE PRESERVATION Refer to spe- t 1. Preserve undergrowth in protected forest areas. Pathways are appropriate. cific tree sur- :;,,;►." . ,�,, vey for your ni :.' 1, 1 2. In concept planning identify the trees you lof and try to • assure the +� ..� will be saving and those that appear to .-- ,:. require removal. preservation .,, ., 4;_ .� a., of existing � +J=—`,, a , �'"' "`f' '.. ''^ 3. In the FINAL Review plan submittal, trees. �� �. +�r"� •_y�,; .' . et . 4' 16'"x+': show the location,size species, and elevation , .):4- of existing trees greater than 8 inches in diameter and oaks,hickory and sugar maple • greater than 2 inches in diameter within the proposed area to be disturbed and within 20 feet thereof. 7/12/98 - rev. Page 1 t SUMMARY EXAMPLE DETAIL C. LOT-HOME POSITION GUIDE 1. Respond to ARC garage and home posi-. tion from ARC provided lot planning guide. 2. On vertical curb streets,utilize existing curb cut or pay for new location and street repair. 3. Homes should be positioned with in respect to existing homes and in anticipa- tion of siting of future homes. (See: The A.R.C. Lot/Home Location Guide.) D. HOUSE-DOMINANT HOME DESIGNS Garages shall 1. Reduced setbacks for homes require be positioned ,R w design of homes with"tamed garages", to reduce their = bv emphasizing a home's elevations and with visual impact1:11117A _ clear references to building massing and on the street � � •;� � architectural detailing, including a recog- this allows the — nizable style. active, visually �,s ,x• +,r n�.u�,{wiw;,� 1 A interestin t == -' '•_`' .` l E. LIBERTY'S REDUCED SETBACKS features of the1. 20'setback from property line (15' house to dom- »�-""'�'' —! vv from back of most sidewalks) allows inate the streetscape. use of deeper floor plans(see City requirements). F. TAMING THE GARAGE: • 1. With reduced lot widths and budget con- scious home design,house dominant designs require creative two and three car '- `=- _ ,;`�`„ - garage positioning to screen, diminish ''""'"r.��� impact from road,while emphasizing home lims ;4, 3 r - ; entry and approach. ii„, %f� , t 1 ( '� ' r 2. Not less than two car or more than four `• = 4'�! ► _'� spaces without ARC approval. 11 ,� ... i• .7.-77.- _ ( , 3. Garage positioning that maximizes s:./;y,;4.;, `cv,,,; . TIT house and minimizes garage: ie. • 3 car L- t shaped garages with tandem spaces,turned For every four I ,. -- " . �. fully recessed 4. •''!!;/?..,..,‘'`"` } ' garages at side streets,court yard and side garages, one ._'.K, load garages (where lot width permits). frontloaded garage is allowed (but ----. -_ -.-� ---- not encour- - • aged) provid- Side loaded ed that certain garage. criteria are met:(seepage 9 City of Stillwater Phase One Expansion Area Design • Guidelines) Page 2 P SUMMARY EXAMPLE DETAIL F. TAMING THE GARAGE: continued 110 ,,. __ - - - ._ 1._m IA..v. ,:'-?"-'-'11',i.-7-"--• Rr Au' • y i1 ) . ry _ . , t e • i syr`+' 'LINN X1,;1 ( i,...J __ • Home w/turned1 courtyard garage =' -' 25'setback. Corner home w/garage side street. fI I-moveI • i ': ',,,.',.,,i.‘..i , . .i .r.,-,-..::-.1,;J, - 0„...„ ■U*: 147.. S1 .._ - ,-, qv . ,:.. 1 r � a .4 Straight-in ' min. 35'set- _ - moi; back garage._-•--:: \ti: {_. T Front loaded, fix'.ic -- rear garage. !i i, ' •a 0 lio . 1 grI , ii •a rl' Straight-in • �•.- garage w/min. =; °�_ 35'setback: 3 — -- car Tandem. Page 3 q SUMMARY EXAMPLE DETAIL G. ACCESSORY DWELLING UNITS Special uses 1. 800 s.f. accessory dwelling units are • will be t- permitted in many Liberty homes. approved by Anticipate flex-use in garage and/or home Administrative l `"1 extensions. permitthrough administrative design review. 0 §fi 2. "Flex space" designs for alternate use of w_'' 4 garages/homes could provide space for an �'wb ,b,m .,-.`a accessory dwelling unit, office, craft space, f t.t. etc. r P f :, ,, 4 I • H. TWO-FAMILY HOMES Duplexes are — -I 1. Design structure to look like single fam- encouraged on n..r. ,MAO -- . ily home,with garages at either end,both Corner lots. :, """ = garage and entries not visible from street 40 • ..a.:,...4. vantage point. See position PUD require- Upto 18% of 'B' Y '' K ments: one to two per street corner,gener- all units may i 1---:' ally 200'between buildings with two fami- > , Y be provided r ,= , ' - . 1 homes. all require- : i t "~`:° • t- ments are met. ."i1 << _4 _} Townhome (2-3 • L DU/bldg- architec- -i , LG ture similar to sur- rounding homes). 4 , 10. i .. isir. k Z, h SR fir1. g 1 In� P l "rat ..._J--- r_.:. Page 4 SUMMARY EXAMPLE DETAIL I. HARD SURFACES/PAVING • 1. DRIVEWAYS a. Driveway gradient no greater than 15%. preferred 40%to an apron area at garage no greater than 4%. b. Driveways to be narrowed to a maximum of 16'in the front yard area. 2. FRONT WALKS a. Each home is to have a walk from k �T the front entry/porch to the back of i curb,preferably with steps near the 1 I street right-of-way line/back of side 5 ' Y walk(except flag lots). 3. PAVED AREA a. Homes without a front porch must r■�.,. ...,�. have a paved surface built with appro priate,decorative paving,of at least 120 s.f.. A deciduous overstory or understo Paving ry tree,minimum 3" caliper must pro vide shade. J. RETAINING WALLS 1. In the FINAL Review plan submittal, show the top and bottom elevations or • • . .� proposed retaining walls. r, , 2. Design for front and rear yard natural areas. Position ground cover,trees and shrubs in response to ARC-recommended tree massing,berming and natural area r�y A . , plans. �a�� •t _.• t .' j i4- Natural areas i Page 5 1 I I . GENERAL HOME DESIGN GUIDES Each individual home shall have its own identity and character. It will be aesthetically balanced,details consistent with its bas_c architectural style and be made with quality materials and workmanship. Homes identical to an established builder's model or portfolio will not be allowed and homes not demonstrating adequate design variety will not be approved by ARC. SUMMARY EXAMPLE DETAIL A. VISUAL IMPACTS ' "' ti' ih., • R' 1. Create attractive off-lot visual impacts. i ` wo, . ,`- ` .. •,�, ; Be mindful of the home's massing as seen IN SSP 4,,ii! : ,•! p.-. '' ` from surrounding road approaches and in "'A ' ' I.- - context with other adjacent and surround - � 4 , •'�< �"- - homes. Avoid unaccented 2&3 story y � facades. .. ,, } ' wx. t L ' i'. "�' , 2. Respond to each lot's on and off-site opportunities to help define the home's "" �' ` '" outdoor spaces andguide positions of '-ir.tent i n leo" p ...,:�,. !b lint i home interior spaces -,%t T _ 3. Select home design/floor plans that establish a friendly relationship with the T _ .. street via porches,decks, gradual level r -4.7changes and anteways,entry sitting areas, courtyards,patios, terraces,sheltered _....,�' , entrys,etc. 4. Price efficiency can come with simpler, • r I sj lower room count, "box-on-box"floor • t III plans,blended with modern, shared-space room layouts. 5. "Stage front"appearance will not be approved, the sides and rear should sup- port the style of the home's front eleva- tions. 6. Camouflage garages with small set- backs from home front with porch exten- sions, arbors,trellises,wing walls or retaining walls. Use to help hide garbage I. � ` &recycle bins. 1 �' ?... ,ILII„.„._ 7. Add steps from garage to home,pro- 1j1 �.,L. I _ �_ vide headroom at garage service door. '14 . 7 i " Allow space for added risers in garage and/or transition rooms within home, such as laundry/mudroom. Design 'kV' !./411should reduce impact of blank area above garage door(s) (ie. lowered roof line, Trellis/arbor/pergola as garage trim/details.) camouflage. i I Page 6 SUMMARY EXAMPLE DETAIL B. HOME TO BACK OF CURB IIIELEVATION Provide main 1. Raise home, with added front stepsfrIMINI _ floor elevation is raised 2 -f.i4 r to capture old Stillwater look particu- thatti t1 larlywith reduced setbacks... can turn h; to 3 feet above .''* ~�• `�0 - • ` on-grade homes to look-outs, look- the street ele- - �: �,.- , ' �' �`'" x., outs to walkouts. ,. j Raise home particularly with reduced front setbacks C. ROOF PITCHES .. 1. The roof on each home is one of the `.;;,....u..,:. most important visual masses on the a��g Y .,,. house. Roof slopes and overhangs must ,14.0.-4:' , be appropriate to the individual style: pi L •s ,,,,: Research your style,know its conventions. t h� "'W+Mll el. ; ,. ,� 2. Design and refine well thought out, 9 '` simple and strong roof forms. D. HARDSCAPE TERRACES/PORCHES/OUTDOOR -.-....,..:4,-;.:- - LIVING SPACE 1. Outdoor living spaces can provide effec- tive transition between home, outdoors, ,..41e _ -7': , v., ',, ,, 1 ,. ! 1 • and a place of interaction with neighbors. These could include patios, decks,gazebos m or formal gardens. ,,ter'�. _ao Rol z - s . 1 ,,r 1 ► ; i • Page 7 , III . DETAIL HOME DESIGN GUIDES • SUMMARY EXAMPLE DETAIL #_ A. PREFERRED STYLES Irt • Designs utilizing modem floor plans ., Vr within an architectural theme. ;� tµ — • Colonial, • victorian, • federal, • E , 't farmhouse, • cape cod, •tudor al., "0ri J "`'• •tudor, • craftsman, shingle .<r • arts &crafts bungalow, ., ..-„7-2........ .,......1 - B. PREFERRED MASSING • 2 story, • story&1/2, • ranch, • 2 story with attic dormers. C. GARAGE TREATMENTS v1. Use two-story/ dormer elements over oaei x. < , garages for architectural interest and bonus �lfAi✓I.r. 7 space. pp��/ri ia,65:ir_, n `n 2. Garage door accents and detailing should be used to break up its scale& .-WiiiWorip designed to echo home style detailing, e_ making it look less dominant,more a con- • >; , - - -. _ . -..,_,. tinuation of the structure. Do not use plain flush steel doors. 3. Provide garage door treatments,win- dows designed to echo home style detail- ing. 4. Where there are garage walls with no doors, there should be windows that match other windows& trim/architectural details of the home. 5. In area below floor line and above grade,use stone,cultured rock,siding extensions,lattice,brick, stucco and verge boards. D. ENTRY PORCH/STOOP 1. Provide a stoop or entry porch (of use able size),large enough for plants and seat- ing. They should be covered by an over- .. hang, roof, trellis,portico or detail appro- i priate to home style. _ ,, •' Where a smaller sheltered entry is planned, provide a front-oriented entry setting such = as veranda,deck or patio suitably sized for 410 a minimum of two chairs. Page 8 SUMMARY EXAMPLE DETAIL E. ROOF MATERIALS ` :4,, 1. Well proportioned overhangs,fascia, • " "` gutter,soffit,frieze,window trim& _ a e. ,, details, skirt board &corner treatment, ''' 4. •w- -- supportive to selected dominant architec- tural style. tAit,I 2. Roof materials may include cedar .....- � `"`- � shakes,copper, slate, or a minimum of 250 l $".. , ' lb. tabbed asphalt, "dimension" shingles. ' Small amounts of prefinished standing seam metal may be acceptable. Colors should be muted,dark shades with shad- ow coloring. 3. Valley flashing of copper, prefinished metal,or interwoven shingles are pre- ferred. 4. Gutters and downspouts must be inte- grated to color and style of house. 5. Functional attic vents are encouraged. Continuous covered ridge vent,shingle- over type should be used.Avoid box vents. F. ARCHITECTURAL SIDING &TRIM 1. Use of materials &Architectural trim 11 consistent with home and selected home • ,;: �, r. style. ti i, l \ 2. Use vents,recessed bays &cantilevers -. . � ILL to create interest&shadow lines. '4:;:---- 4, 3. Exterior materials of masonry brick, �.� ,,. stone,stucco and natural wood are pre- L....$. 111 I ferred. .. --- 4. Site stained &prestained wood, metal, .= vinyl,clad,cementous materials or corn- ",--1;.,.,,,=.-17,--.,-'.°i7G". . posites will be accepted if sample or manufacturer's catalog with trim indicat ed and color specified are submitted. G. MASONRY-BRICK/STONE, CULTURED STONE. ,,. 1.The first masonry on the house should be the fireplace chase,if visually promi- _ nent. 2 2. Masonry fronts must wrap corners to a !_ , g + iii logical terminus,but no less than 24". .� ' 3. Use masonry in locations most visible. R , E, 'i `. 4. Columns must be sized appropriate to 1 . their height and building mass supported. • ., .... ' , H. FIREPLACE CHASE/CHIMNEY 1. Should reflect the home's style. Page 9 SUMMARY EXAMPLE DETAIL Masonry chimney is preferred. 2. Decorative chimney caps/screens are III ....„. .,_ , ,.... „...,,x . --`2., encouraged. III III' _° `1.. �� I. DIRECT VENT FIREPLACES ' ' III III 4 - 1.Are permitted but boxed out"dog- house" forms are not allowed. . 2. Chimney caps should be detailed flue top of box type design. An all wood chase is required to have a Majestic TT200 or approved equal. -.- �;"'�„ J. DOORS AND WINDOWS . :gi . 1. The entry door is expected to be a dominant feature to the front of the w H131 house. It should be scaled to the rest of 's -. the house. Sidelights and transoms are , encouraged. 2. Use energy-efficient, quality doors & S' windows selected to fit the architectural + P. style. ��� �1� _ ' Ilifllll�llNlf�IilHllllllfll! ��� Y -7.Y 3. Select window grilles to be in character with architectural style. 4. Sliding doors are encouraged to • mimic wider stile French doors. K. WINDOW TRIM ' 1. Windows must have exterior trim of wood, stucco,brick or moldings consis- ` tent with selected architectural style;all • 1_ ' . K 1 elevations. ' i/ ", 2. Windows and doors may be painted, ' 1 _iii natural wood,aluminum, or vinyl clad. 1 ii � l �• Muted accent colors are encouraged-i.e., forest green,burgundy,� colonial blue,etc. 3. Shutters, if used, should be sized to look as if they could close over entire win- dow. Do not use with multiple window groups. '` L. DECKS 1. Must be consistent with home g t a '' r design/style and should be an extension ,'A '`" of the home. A • . '.'d 2. Above ground decks must be support- _----- :� ed with 9"x9"columns where visible*, 111 design ed in character with the massing of 1- the home.Minimum of 6"x6" column _ _ . ., where decks will not be visible from '* existing or future streets or residences. If• deck is more than 2'above grade and visi- ble*, screening below deck must be pro- Page 10 SUMMARY EXAMPLE DETAIL vided. Home materials must extend to t` ' deck detailing.II . .1 C i.:*. - .. .. ,•, ,,t a *visible;from existing or future streets, homes, parks or o ens ace. :-17 - ' r• • 4v,» P P hM• :' . ' , '� 19,- 3. Handrailin and• g design detailing - �' i• - ► $ should be consistent with the home's cho- • ��.. r �' ,�•"'�- cho- sen style. =r:,, 4. Cedar,redwood and wood/plastic com- �fyr .. posite wood construction is encouraged. I I1, Painted or stained depending on home style. ":':".71.1-' 5. Future construction/decks should be included with the plans for approval,but oi_ -V- '"� indicated as future construction. tj �� _ M. TRASH ENCLOSURE ��' • Accommodate garbage and recycle bins y through added garage width or depth, ' a %, I 1 LF. wing-wall extensions,fence enclosure p ; �, # extensions, retaining walls. 11111 II Mil it- VII !Illi I 'Uliiiiiiii1iiiiiii III • DETAIL Page 11 IV . DETAIL SITE DESIGN GUIDES SUMMARY EXAMPLE A. LOT PREPARATION 1. Lot development and landscape plan must be prepared by competent, experienced landscape designer or Landscape Architect. 2. Completely fence trees that are to be saved at a distance of 1.5 feet times the tree diameter m inches. . . B. CORNER LOTS r' 1. Corner lots will have special review 1111 L u w!t; ensuring that each exposure to the street has - — received equal landscaping attention. C. GRADING r as a"t 1. Builder's responsibility to assure positive drainage. 2. Show erosion control plan and schedule of tasks. 3. Show locations of topsoil stockpiles and 411) fill soil stockpiles,and proposed silt fences. 4. Avoid abrupt slope intercept between existing and disturbed soil surfaces,and encourage rounding which blends into the natural grade. 5. Create contour and grade changes to enhance privacy,visual interest and amplify plant material impact and effectiveness. 6. Sod all swales. Minimum: swales min. • ' 1 \ 2% swales,minimum drainage slope 6" away from all building sides with 6"mini- ; ! _ mum drop. 1%on hard surface. 7. Contour site to protect mutual drainage momissues and existing or potential basements. 8. Design,materials and layout must be -_ submitted for ARC review. ���(I�I�IIEIIi'' D. PAVING/FLATWORK II - - 1. Flatwork and steps with decorative nos- ings and detail are encouraged at the front yard as well as the rear yard. • 2. Decorative or colored paving is encour- aged. This includes decorative expansion Page 12 SUMMARY EXAMPLE DETAIL joints,break lines,stamped and colored • asphalt("Street Print" or equal),stamped and colored concrete ("Bomanite" or tr.i equal),brick or colored concrete,interlock- _ ing pavers. '_ i. , n .� r 8g`' 1 3. Position retaining walls and slopes to�'~1 • preserve trees where possible. Select wall I.. !, j -• ,- 4 I materials and colors to compliment the .4r- -x ._ '- home design and material. «... - ', . , • ; E. PLANTING 1. Site planting plan should include a plant list containing scientific names,sizes and planting conditions (balled and --`...:1% burlapped,potted,bare root,container grown, tree spade,etc.) ""' f I _�„�,1� ' , i. .. ' r � . 2. Regularly spaced 3-4" caliper deciduous r j ""'��.i°xi boulevard trees. ' ' 1 l N • s- - 3. Front yard landscapes are to respond to f - development planting and A.R.C. recom- 4,.►, 4.0 _ - , # mended planting plan. 4. Front yard planting must include foun- dation planting as well as both overstory, deciduous and coniferous trees, understo- ry trees and shrubs. • 1, ` - F. REQUIRED PLANTING BUDGET: I lv, ,. 1. The budget for the Landscape Planting 1:". X4,7,, , VPlan must equal or exceed 2-3% of the •-4: ,.• :f home's value. �,f II fig. 4�"i1�` G. REQUIRED LANDSCAPE PLAN �1. "-=" 1. A professional landscape plan must be L...s prepared by a competent Landscape - = , t Designer or Landscape Architect. For ills '.1.44.17.0011r.r • Final ARC approval, the plan must show trees &shrubs,species size to be planted &root type. Within 60 days of home com- pletion the landscape plan must be sub- : 3 stantially complete,at which time $2000 � will be refunded to the lot owner. ..__ gTei. . -• . votels - 2. ARC reserves right to requireo- ry treesist alandscaping (above the minimum land- - ! I �". scape budget) on lots where side and rear LAN, house elevations are highly visible to 3 views from off-lot, and/or where lack of architectural design or detailing must be „ offset/screened with vegetation. • H. NATURAL AREAS Page 13 . 1 SUMMARY EXAMPLE DETAIL 1. Foundation plantings should also be executed in a manner consistent with each. . :a home's style. 2. Natural areas refer to landscape fea- t ' tures which function as visual edges to I ! frame each lot. They help define the out- law ut- _ door"rooms". The design should be a • -•.•- further extension of the home and its k theme. In the front yard this would gener- 1 A 'rat•" ` ally be located close to the street,possibly . adjacent to the lot line so the same idea is/ '4 could be continued by the neighboring lot owner. In the back yard natural areas — < would most likely occur at or about the rear and/or adjacent side property lines. Natural landscape treatments should not replace foundation plantings. .�. r; � '' +�+ ; "; Natural areas must be a mutually agreed • .44 ':`19 ,p'r ; upon with the ARC and would include: 1 i�f y'7 c 'r , Examples: (The plant material can ;Kte,v.--- i i be smaller and more varied) x�i�''k „\u-} ' v a. Natural forest emergent vegeta- -.t.....4. .,-*4-::..4 i tion theme: Prairie grasses,wild • •dr: -, ;.ycS 1 Ifflowers or other perennial ground .. s Wit+ :*� ,it `i * . . �w >:y:, f`T y r` ,?. : covers. ; ,, t •.r '.14:1:1:1111,1. ,: b. Formal garden theme: Rose bush garden,Formal perennial garden V h° c Patch of forest theme: a stand of .! young Aspen (this will require 10 . x to 20 trees,although they could be . ;14., as small as 1" caliper.) I. DECK PLANTING 1. Decks to be shaded by at least one 2 1/2" caliper deciduous shade tree. J. SOD J • 4 1. Minimum sod: front,side and 20'in rear yard unless it runs into a 3:1 slope. Ott 1 ; Slopes need to be seeded with appropriate ��) f!.1 ' grasses, mulch or other A.R.C. treatment. ���" �"' K. FENCING II!III��! 1. All fence designs must be reviewed VIII* .' by the ARC prior to installation. •.. L. SECURITY FENCES 1.. Standard chainlink fences are discour- aged and must be placed out of public view. If used (i.e.,dog runs, around rocks) these fences must be screened with landscaping and must be vinyl clad in green or black. M. DECORATIVE FENCES 1. Front yard fences must be limited in • height,must be approved by A.R.C.,and are strongly encouraged to be traditional picket design. (See pre-approved A.R.C. Page 14 SUMMARY EXAMPLE DETAIL details) . 2. Vinyl white, tan or grey picket or black s ,green or cream wrought iron fencing i ` ' allowed in rear yards. ��••� f rill L 1 1 3. All fence designs must be reviewed and approved by the ARC prior to installation. I,+I�� n� 'M-7- li �I P 1_• _; 'IG-� 4. If fences are used,gates and archways �����`�� are encouraged as a welcoming entry to _�Il i",,4444,Illl(IIII1,mu i 11 x property. Iiiiiiiiiiiiiiiii 5. Privacy or utility screening must inte- grate with and compliment the architec- ture. ' 6. "Invisible fences" should be used for '1 -1* s� ( ;If�h , dogenclosures. .�. e,,,qt .., ..� N. RETAINING WALLS i" ins '"1�..� I." kill . , _ • 1. Retaining walls should not exceed 6' in $ :j,.3 " i= height and be constructed of materials such ras stone, veneer or decorative concrete - -` _I ~ block (i.e.,keystone). Break up larger ele- �� 4` ..% f;L vation drops with stepped multiple walls. u"�-.. .I . %,,,;..44,„,__,___ _ 2. Construction details should be provided �����\ - for retaining walls greater than 3 feet • ` exposed height. 3. Landscape wall&surface materials shall be consistent with accent materials used on home. 4. Preserve trees &compliment home design with retaining materials& slopes. O. MAIL/NEWSPAPER BOXES • Mail and newspaper boxes will be pro- vided and installed by the Developer. P. HOUSE NUMBERS • Front yard house address identification standards (typeface&number height requirements) must be met. Q. LIGHTING 1. Exterior light fixtures should be in char- acter&style of home. 2. Lighting sources should be indirect where possible, with all lighting in shades of white (no colored bulbs other than at the holidays). • 3. Spillover of glare must be avoided to neighboring lots and light sources must be shielded to prevent glare. Wall washes can Page 15 . i SUMMARY EXAMPLE DETAIL be achieved through an eave or ground mounted light fixture.Avoid soffit-mount- ed spot lights. ARC may allow such spots • only in areas not visible to street or from other lots. 4. Tree uplights should be recessed below ground,behind shrub masses or down lights should be positioned within the trees,out of primary view. 5. Integrate landscape lighting with deck, arbor,post,bench & trellis elements. R. DOG RUNS/HOUSES 1. Must be immediately adjacent to the home and screened appropriately with design, materials and trim similar to the primary home. } �, rsx�> . S. POOLS AND HOT TUBS '� t y.: 1. Design,materials and layout must be jzsi . submitted for ARC review done in refer- ence to the DNR openspace plan require- ments. 2. All pools and hot tubs should be fitted ' s1 1 { c r ..� to the landforms,terraces,porches and 0;_ t - _1�,� -a.. decks. Above ground pools will only be • • - allowed on specified lots so they can not 0 '411 ' `Y be seen by the public or are made to appear as "in ground pools". Review all " easements prior to planning a pool. 3. Associated security fences,retaining walls,and lighting should meet require- ments described. T. SPECIAL REQUIREMENTS 1. During construction each homesite will be kept clean and free of debris. Each builder will be held responsible for debris which blows off the site, so please police your site. If the developer must clean up for you the appropriate charges will be passed on. 2. Every owner and builder is responsible to provide erosion control per all applica- ble regulations. • Page 16