Section 1- Size/Height Restrictions
No Residence shall be constructed which exceeds the allowable height set forth in the applicable City of Maple Valley/King County Zoning Code for this zone No single structure shall be altered to provide residence for more than one (1) family Rambler-type residences (residence consisting of a basement and one story, or residence consisting of a single-story) shall contain at least 1,400 square feet Multi-story residences (residence consisting of a basement and two stones, or residences consisting of two stones) shall contain at least 1,700 square feet In computing the total square footage of a residence, the basement shall not be included, nor shall garages or enclosed decks be included.
The size of a home constructed on any Lot shall be subject to review and approval by the Committee, in the Committee's sole discretion. It is the express intent of this Section 1 to enable the Committee to evaluate all aspects of a proposal for a home on a Lot, including size, elevation, architectural style, landscaping, location within the Plat , and other factors to determine its acceptability, pursuant to Article 15.
Section 2 Building Materials
All homes constructed on each Lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items The Committee will determine whether a used material is a "decor" item In making this determination, the Committee will consider whether the material harmonizes with the aesthetic character of Wilderness Hollow II development and whether the material would add to the attractive development of the subdivision All roofs are to be 25-year architectural composition Tabco premier pewter grey or similar.
All siding and trim are to be resawn wood, stucco, drivit, "LP"-type siding, Hardie-Plank concrete, or similar material, all of a color approved by the Committee. All visible masonry shall be new or decorative brick or tile, or similar decorative masonry units, such as river rock or stone. Vinyl siding and T-111, or similar plywood-type siding is not allowed.
The exterior of all construction on any Lot shall be designed, built, and maintained in such a manner as to blend in with the natural surroundings and landscaping within Wilderness Hollow II. Exterior colors must be approved by the Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters, and the exterior finish of garages and other accessory buildings shall be designed, built, and maintained to be compatible with the exterior of the structure they adjoin. Generally, colors shall be soft earth tones, beige, or pastels, and similar shades.
Section 3 - Building Setbacks
No structures shall be located within twenty (20) feet of the front lot line or nearer to the front or side street lot line than minimum dwelling setback lines required by relevant public zoning ordinance For the purpose of this Covenant, eaves, steps, chimneys, and open porches shall not be considered as part of the dwelling, provided, however, that this shall not be considered to permit any portion of a dwelling on a Lot to encroach upon any required setbacks by local codes, or to encroach upon another Lot or upon any easements indicated on the face of the Plat or as otherwise recorded, or upon the Common Areas or Common Maintenance Areas In no event shall any structures violate, any provisions of any applicable building or zoning ordinance, or any specific setbacks as set forth on the recorded Plat map, or any setbacks imposed through the establishment of easements for utilities or access.
Section 4 - Driveways
All driveways shall be paved with asphalt concrete paving, or exposed aggregate concrete, unless otherwise approved by the Committee.
Section 5 - Contractor
Without the prior approval of the Committee, no home may be constructed on any Lot other than by a contractor licensed as a general contractor under the statutes of the state of Washington.
Section 6 - Masonry Construction/Driveway Pilaster Requirement
Unless otherwise approved by the Committee, each primary residence in the Property shall incorporate a brick masonry, stucco, stone, river rock, or similar material of a type approved by the Committee, on the front facade For columns at the entry to a home, masonry on the sides and rear will count toward this requirement.
Section 7 - Fireplace Chimneys
No metal flues nor metal chimneys will be allowed on any residences or other buildings constructed on any Lot, unless enclosed within appropriate wood or masonry materials However, a metal flue for a direct-vent gas fireplace is allowed.
Section 8 - Maximum Structure Height Limitations/View Preservation
Not Applicable
Section 9 - Drainage Control Over Slopes
Not Applicable
Section 10 - Garages
Each Residence shall incorporate a minimum two (2)-car garage designed and constructed as an integral part of said Residence In special circumstances, a detached garage may be approved by the Committee Three (3)-car garages are encouraged within the development to include provisions for the storage of recreational vehicles or boats within the garage enclosure
Section 11- Fence and Walls
Fences, walls or hedge rows are only permitted on side and rear property lines, excepting that wrought-iron fencing around front yards may be allowed upon approval of the Committee However, no such fences, walls or hedge rows shall be allowed on any side or rear property line closer to the street right-of-way line than the adjacent residential structure, unless specifically approved by the Committee For corner Lots, this applies to both street frontage measurements Fences, walls and hedge rows are not permitted on front property lures, or on side street property lines for corner Lots, except as may be otherwise approved by the Declarant as part of the subdivision improvements, unless otherwise approved by the Committee. All fences installed on any Lot shall be six (6)-foot solid cedar fencing of a type and quality approved by the Committee. No barbed wire, chain-link, or corrugated fiberglass fences shall be erected on any Lot, except that chain-link fencing for sports facility enclosures may be considered for approval by the Committee upon individual request All fences must be approved by the Committee prior to installation The Committee may make available a standard detail for fence construction, which must then be used by all Lot Owners, unless a specific variance from this standard is approved by the Committee in writing The Committee shall also approve the colors for fence installations Any fencing installed in the Plat on any Lot which does not meet the standards set forth by the Committee, shall be removed at the Owner's expense upon demand by the Committee.
Section 12 - Landscaping Standards
The entire front yard, including up to the edge of the curb m the adjacent right-of-way fronting any Lot within Wilderness Hollow II shall be landscaped in accordance with the provisions of this Section 12 At least five hundred (500) square feet of this front yard area shall be grass lawn, unless otherwise approved by the Committee. The landscaping shall be installed within sixty (60) days of the receipt of a Certificate of Occupancy, or within eight (S) months from the date that construction is initiated, whichever date is earlier If inclement weather conditions prevent the timely installation of said landscaping improvements, the Lot Owner must make application to the Committee for an extension of time until weather conditions sufficiently improve For corner Lots, the "front yard" shall mean the frontage on both streets, such that both street frontages and yards must be landscaped.
"Front yard" shall be defined as the lot area extending from the front right-of-way line. back to a line measured parallel with the front right-of-way line, which would coincide with the front wall of the main dwelling on the Lot, exclusive of any garage projections.
The front yard landscaping shall include all of the adjacent street right-of-way area along the lot frontage out to the edge of the sidewalk, shoulder, or paving in the street. Each Lot Owner shall be responsible for installing and maintaining the landscaping within this adjacent right-of-way.
Section 13 - Plan Checks/Construction Cleanup Fee
Each Lot Owner shall be required to clean up the Lot within ten (10) days of receiving a Certificate of Occupancy Such Lot Owners shall, upon application to the Committee for approval of house plans, be required to pay a Three Hundred Fifty and No/100 Dollars ($350 00) fee to the Committee to be used as follows.
- Fifty and No/100 Dollars ($50.00) for house plan check as provided in Article 15, Section 9, and
- Three Hundred and No/100 Dollars ($300 00) as a damage deposit to be held without interest until house construction is complete The damage deposit will be used in the event the Owner does not comply with all construction standards, clean-up standards, and landscape installation and maintenance standards contained in Articles 12 and 13 of this Declaration (the "Completion Standards").
If the Owner does not comply with the Completion Standards, the Committee may handle the clean-up, landscape installation or maintenance, or any other actions required to bring the construction and Lot completion into compliance with this Declaration.
The cost of any actions taken by the Committee pursuant to this section shall be deducted from the Three Hundred and No/100 Dollars ($300 00) deposit. If the cost of the actions taken by the Committee, pursuant to this section, exceeds the deposit, the additional expense shall be the personal obligation of the Owner of the Lot, a lien upon the Lot, an "other charge" for purposes of Article 16, Section 6, and shall be paid to the Association upon demand.
Notwithstanding anything in this section or the Declaration to the contrary, neither the Declarant nor the Committee shall be obligated to take any action required to clean up a Lot, nor to bring a residence, landscaping, or other improvements on a Lot into compliance with the Completion Standards nor with other requirements of this Declaration. The Declarant or the Committee may take such action as the Declarant wishes, however, any action taken by the Declarant or the Committee shall not impose any requirement on the Declarant or the Committee to initiate or complete any other actions necessary or advisable to clean up the Lot or otherwise bring the construction and landscaping into compliance with the Completed Standards and this Declaration.
Once all of the construction on a specific Lot has been completed by the Owner, including all required landscaping improvements on site and within the adjoining rights-of-way as set forth in this Declaration, the Owner may request a refund of the Three Hundred and No/100 Dollars ($300 00) damage deposit.
Within thirty (30) days from receiving said nonce, the Committee, or designated representative, shall conduct a site inspection to verify that the Owner appears to have met all Completion Standards, as defined in this section. If all Completion Standards appear to have been met, then the damage deposit `shall be returned to the Owner within ninety (90) days of the original date of the Committee's receipt of the request for the refund.
Return of all or any portion of the damage deposit shall not under any circumstances constitute a representation or warranty by the Declarant or by the Committee to the Owner, other Lot Owners, the Association, or anyone else, either (1) that the Completion Standards have been met, or (2) that any other requirements of this Declaration has been complied with.
If any part of the deposit may be required to fulfill Completion Standard requirements, then (I) the damage deposit may be applied to the cost of clean-up as set forth in this section, and (2) the Committee shall cave the Owner written notice specifying the reasons for the denial of the refund This section shall also apply if the clean-up costs exceed Three Hundred and No/100 Dollars ($300 00).
- During the Development Period, Declarant shall have the right to waive these fees at Declarant's sole discretion.
Section 14 - Permits
No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority, and written approval of such permits from the Board, Committee, or the Declarant, as well as plan check approval as set forth in Article 15, Section 8.
Section 15 - Codes
All construction shall conform to the requirements of the State of Washington Rules and Regulations for installing Electric Wires and Equipment, and Uniform Code (building, mechanical, plumbing), in force at the commencement of the construction, including the latest revisions thereof.
Section 16 - The Time of Completion
The exterior of any structures, including painting or other suitable finish and front yard landscaping, shall be completed within eight (8) months of the beginning of construction so as to present a finished appearance when viewed from any angle. The construction area shall be kept reasonably clean during the construction period.
Section 17 - Entry for Inspection
Any agent, officer or member of the Board, Committee, or Declarant may, at any reasonable predetermined hour upon twenty-four (24) hour notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above recited individuals shall not be deemed guilty of trespass for such entry or inspection There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections.
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