Architectural Control and Building Regulations

Christmas Lake Village

Revised 3/8/07

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Architectural control within Christmas Lake Village is administered by the Christmas Lake Properties Association Inc. and the By-Laws and Covenants & Restrictions of Christmas Lake Properties Association Inc.

 The Covenants & Restrictions, section 5, titled “Architectural Control” read as follows: No building, fence, wall, or other structure shall be erected, placed, or altered on any lot until the construction plans and specifications, and a plan showing the location of the same, have been approved by the Board of Directors of the Association, or its designee (“Board”).  In the event, said Association, or its designated representatives, fail to approve or disapprove such designs and location within thirty (30) days, after said plans and specifications have been submitted to it, approval will not be required and this article will be deemed to have been fully complied with. 

The plans and specifications submitted to the Board must include: (a) the nature, kind, and shape and size of the structure; (b) the materials to be used and the exact location and placement of the structure; (c) renderings of the front, rear, and side elevations of the structure; (d) proposed grading, landscaping, and fencing, if any;  (e) the approximate cost of the improvements; (f) commencement and completion dates; and (g) such other information as shall be reasonably requested by the Board.

The Board may approve or disapprove a plan based solely on the subjective aesthetic considerations and the harmony of external design of the proposed structure and other planned improvements in the Subdivision, in the sole and absolute discretion of the Board and under no circumstances will the Board or any of its members be responsible to the Lot Owner submitting the plans or to any other lot owner for any direct, indirect, or consequential damages that any such lot owner may allege may have been caused in whole or in part by a decision of the Board.  All Lot Owners acknowledge that the decision of the Board will be based upon subjective standards of appearance and aesthetics and that the opinions of the members of the Board must of necessity be subjective.  All Lot Owners release the Association and the Board from any claim or liability based upon the decisions made by the Board in enforcing or failing to enforce the provisions of these restrictions.

All federal, state, and local permits must be obtained prior to construction.

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The Association, or its designee, reserves the right to make on-site inspection of any or all structures during the construction period.  If the construction standards as to size and material are at variance with the approved plans and specifications in any respect, the Association may, at its option, halt construction of the structure until the same meets the approved plans and specifications.

The Architectural Committee is composed of the Board of Directors and the Property Association Manager.  A licensed architect serves as a consultant and advisor.  If problems occur, the plans will be brought before the entire Board, serving as an Executive Committee, for the final decision.

It is the responsibility of the committee to determine from complete and final plans that home construction meets the minimum requirements as to living space, and set back lines as outlined in the Covenants & Restrictions of the appropriate subdivisions.  In arriving at a decision as to harmony of design and
compatibility, using the submitted plans, the committee considers the following:

A.  Basic design of the proposed home and exterior finish and               
                appearance.

B.  Harmony of both design and exterior finish material with existing            
      homes in the area.

C.  Location of the proposed residence on the lot and other matters that  
      are deemed appropriate, in order to promote the general architectural
      control of the Village.

I.    CONSTRUCTION PLANNING

Property owners should assure themselves that the builder they select is experienced, insured, and reliable.  If there are any questions regarding the builder’s reliability, it is suggested that the owner insist that a performance bond be posted by the builder.

A construction noise ordinance is in effect in Christmas Lake Village.  No construction may begin prior to 7:00 AM, local time. Policing of this ordinance will be complaint driven.  Resident complaints of disruptive construction noise prior to 7:00 AM may result in a withholding of funds from the contractor’s building deposit.  Concrete trucks, heavy equipment, radios, hammering/sawing and the use of pneumatic tools of any kind cause the most noise.  Do not engage in these activities before 7:00 AM local time.  Contractors may begin work at 6:00 AM local time in June, July, and August.  If a noisy activity is absolutely necessary before 7:00 AM during months other than June, July, or
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August, permission may be given provided the contractor makes the request 24 hours prior to the day of the construction.  A specific request must be made for each day, and must be approved by the CLV manager.

Property owners contemplating construction in the Village should, in planning their home, take into consideration the following guidelines and to advise their
architect, designer and/or contractor.

1. No more than one course of 8” concrete block, 8” of poured

foundation, or 8” of split face block may be exposed above the finish grade in an unfinished condition in any subdivision.

1. Foundation exposure greater than above shall be veneered with

      brick, stone, or finished with the same material as the main structure.
      Alternate veneers may be approved on an individual basis.
 

1. Bi-level or split foyer homes in which the stairway is divided into two      

                 runs, thereby utilizing a portion of the area below finish grade as a 
                 living area (not a one story with basement) should be considered to         
                 be a two story home and meet the same living requirement, except
that a minimum of 60% of the total required living area should be  above all finish grades.  All areas taken as living area at the time the plans are approved should be finished at the time and in accordance with approved plans

1. Floor areas in finished spaces with sloping ceilings, such as A frames,

                 attics and lofts, should have the square footage of those living areas
                 computed on the basis of only that area which has a minimum of four
                 feet, six inches (4’6”) of clearance (headroom) between the finished
                 floor and finished ceiling or overhead structure.

1. Homes fronting the lake, golf course, park areas, or a street should      

                have appropriate treatment for both exposures and neither should
                 give the appearance of being a minor elevation.  Rear and side
                 elevations designed for rear and side lot lines, abutting other lots, are
                 considered minor elevations.

1. Air conditioning equipment and utility meters will not be installed

on the street, lake, or golf course elevation of a residence.  If for any reason this is not feasible, a variance from the Board of Directors must be obtained.

1. All garages, storage buildings, etc. shall be constructed of material

     compatible to the residence in regard to appearance as well as
     construction.  Refer to regulations on accessory buildings.
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1. Any watercraft and dock combination may not protrude into the water a distance greater than twenty feet (20’) from the shoreline at normal pool level (i.e. a “T” shaped deck projects 12’ from pool level into the

lake, and an 8’ wide pontoon boat is tied to the end of the dock to
make a total of 20 feet).  Watercraft and dock combinations west of lot        #22 in the first subdivision, and west of lot #41 in the 10th subdivision, will be restricted to a maximum of fifteen feet (15’) from the shoreline at normal pool level. Maximum projection on Lakes Holly and Noel is 12 feet.  For Christmas Lake pool elevation is 434.43 feet. For Lake Noel this elevation is 470 feet, and for Lake Holly this elevation is 485 feet.  Completely covered docks are not permitted.  However, canopy type tops will be considered by the committee, and if approved, will be permitted.

1. Porches and patios should be of a design compatible to the residence

     and all set-backs lines as stated in the property covenants shall be
     adhered to.

1. No residence shall incorporate more than 25% vinyl or aluminum siding in its exterior elevations (exclusive of fascia and soffit).  Nor shall it be incorporated on the road, lake, or golf course side of said residence.  Dormers are exempt from the road, lake, and golf course side exposure but shall be included in computing the 25% restriction.

1. All residences must be connected to the Town’s central sewer system.

     Exterior, house, and surface drainage are not to be connected to the
                 city sewer system.

1. Lot owners will be responsible for seeing that their building contractor

is familiar with all the covenant restrictions and building regulations          before construction begins.  All damage to roads, utilities, and/or
natural drainage will be repaired by the contractor and/or lot owner.
In the event that the Property Owners Association must correct such
situations, repair costs will be deducted from the deposit.  In the event the deposit is depleted, the contractor and/or lot owner will be billed for any additional expenses incurred.  The road at the construction site must be cleaned of mud, dirt, gravel, and stone at the end of each day.
If the road is not cleaned, the Property Association will clean and hose off the dirt, charging the contractor and/or lot owner for both labor and water.
           

1. Access will be made available to the Architectural Control Committee

and the Manager for the on-site exterior inspection for the release of       the building deposit.

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N. The Properties Owners Association shall retain the right to refuse
access to contractors who have seriously violated the rules and  regulations during prior projects within the Village.

1. All new, or replacement fences must be approved by the Architectural

     Committee.  Chain link fences are prohibited.

P.  All swimming pools exceeding 8 feet in diameter, or 64 square feet
     and 2 or more feet above or below grade, must be approved by the
     architectural committee.  Above ground pools may be approved, but
                adequate shielding by fences, decks, aprons, landscaping or any
                combination thereof must be installed within 60 days of completion of
                construction.  Chain link fence is prohibited.

II.     Prior To Construction

Prior to initiation of any construction or modification to existing structures, property owners will furnish to the Manager of Christmas Lake Properties
Association, Inc. one copy of complete and final plans for submission to the Architectural Committee for approval.  The complete and final plans will include:

1. Site Plan
2. Indicating subdivision name, lot number, and E-911 address.

2.  Dimension of the lot lines

1. 3.  Location of the building on the lot

4.  Indicating location of the driveway, patio and other like       
    improvements
                        5. Show sanitary sewer tap elevation.
                        6. Show all utility lines on drawing.

1. Basement and/or foundation plan
2.  
3. Floor plan(s).

D.  All exterior elevations.  Indicate types of all exposed exterior finish

1.       materials.

1. Typical wall section or similar detail(s) indicating the basic structural       
2.       system.

1. A drainage plan, developed by an accredited engineering firm, must be submitted including culverts, swales (including elevation), ditches, silt fence location, and parking areas.  Any drainage toward the front (street side) of  the lot will require a

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swale across the full width of the front of the lot, a minimum of three
(3) feet from the road bed and a minimum of twelve (12) inches deep.  This swale should be complimented with a culvert to allow entrance (driveways) to the property.  The Association will not be held liable for runoff damage.

1. A survey of the lot(s).

  On Site Construction Rules and Regulations

1. No construction of any kind, including excavation, may be started without a Building Permit, and no Building Permit may be issued without a survey by a licensed Surveyor being provided prior to issue.  Said lot lines shall be staked at the corners of the lot.  The Building Permit will be signed by the Manager, and in his absence, by the

President of the Board of Directors.

1. All construction shall be subject to the State of Indiana building codes,

with local building codes having jurisdiction.

1. Trees, stumps, and brush accumulated as a result of clearing a lot for       

construction will be removed from the property.  No debris of any kind     is to be pushed or piled onto street right-of-ways, or adjoining lots.  Burning will not be permitted.

1. Material of any kind shall not be stored on the roadways at any time.

1. Material may not be stored on any adjoining lot, or vacant lot in the         

      Village, unless owned by the person storing same for immediate use
      in construction.  Persons wishing to store materials on property owned 
      by another must get written permission to do so, and furnish the           
      Association with a copy of such permission.

1. Adjoining lots will not be used for the delivery of material or the 

      removal of debris unless the owner of such lot and the Properties
      Association have given written approval for such use.  A copy of such
      approval from the lot owner will be furnished to the Association.                 

G.  Culverts are required to gain entrance to the property and said      
      culverts are on common property.  They are to be of sufficient size
                  to handle all head water, but in no case smaller than twelve (12)   
inches in diameter.  The size of the culvert will be determined by the engineered drainage design.  Culverts are to be constructed of pre-cast concrete, galvanized steel pipe, aluminum pipe, or N-12
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plastic pipe and must be of sufficient  strength to handle normal traffic loads.
           
H.  Any private drainage culvert that is to be attached to an existing
Association culvert and running across private property must be approved by the Architectural Committee prior to installation.  The private culvert will be required to be at least the size of the Association culvert and must be attached to the existing culvert by a concrete or plastic drop box, with a grated top.

1. Property owners are requested to contact the Town of Santa Claus for

water and sewer service.  Builders must obtain an Improvement      Location Permit from the Town of Santa Claus prior to starting
     construction, including digging for basements and footers

1. Netting and/or bales of straw will be strategically placed to prevent the

erosion of soil onto adjacent property, road beds, common property,
     or into a lake.

1. The construction site must be maintained in a clean, neat, and orderly

      condition at all times.  If it is deemed necessary, the Association may
      require the contractor to maintain a dumpster on-site in order to
      dispose of trash in a timely manner.

1. All road cuts must be backfilled with flowable fill only, up to two inches below the existing road surface.  The Association or the contractor will arrange for 2” of asphalt to complete the fill.  When the Association makes these arrangements, the cost of the asphalt will be deducted from the contractor’s deposit.

IV.    Finish Grading

1. All dwellings where foundations are at or above the frontage

street level will require a swale across the full width of the front (street side) of the lot a minimum of three (3) feet in from the road bed and a minimum of twelve (12) inches deep.  This swale should be complimented with a culvert to allow entrance (driveways) to the property.

1. Foundation Drainage: Lots shall be graded so as to drain surface water away from foundation walls.  The grade away from the foundation walls shall fall a minimum of 6 inches within the first ten feet.

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EXCEPTION:  Where lot lines, walls, slopes, or other physical barriers prohibit 6 inches of fall within 10 feet, drains or swales shall be provided to ensure drainage away from the structure.

1. Sod may be required in order to maintain proper drainage in swales

      and ditches.

V.   Accessory Buildings

Any/all accessory buildings, (a subordinate structure, the use of which is incidental to the dominant use of the principle building or land), must be submitted for approval by the Christmas Lake Properties Association, Inc.

Size- The maximum square footage is to be 168 square feet, with a
maximum length in any direction of 16 feet.   Maximum height is 10’ at the peak and requires a minimum roof pitch of 4/12.  Square footage is to be inclusive of any porch, patio, or lean-to attached to the accessory building.  It is limited to one building per household.  A building permit is required for buildings larger than 10’x12’ (120 square feet).

Exterior Material- Shingles similar to color of shingles on home.  Siding (or paint) to be in harmony with home.

Location- Placement on the lot within building guidelines: “No closer
than 10 feet of rear lot line, and no closer than 5 feet of side lot line.” 
Placement is further restricted to a 55 foot setback from the property line on all street frontage.  The Properties Association Board reserves the right to approve the location of the building.

Design- See “Construction Planning”, paragraph G, page 2.  No metal buildings accepted.  No molded or RTA (ready to assemble) vinyl or rubber accessory buildings will be allowed.  Tool or toy bins will be allowed provided they are located in the rear of the residence and are shielded by landscaping, fencing/lattice compatible with the residence.

Landscaping- Shrubs and/or trees as necessary to reduce visibility of accessory
building.  Landscaping plan is to accompany building plans.  Such landscaping is to be completed within six months.

Maintenance- Buildings must be maintained and not be permitted to deteriorate.

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Dog Pens/Runs

1. Must comply to Accessory Building location requirements
2. Pens are not to exceed 120 square feet and side walls are not to exceed 6’ in height.
3. Runs are to be attached to the pen, if applicable, and not to exceed 16’ in length inclusive of pen.  Walls should not exceed 6’ in height.

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VI. Deposits, Fees, & Disclaimer

A two thousand, five hundred dollar ($2500.00) building deposit will be
required on all new buildings.  A portion of the building deposit will be retained
by the Property Owners Association for improvements in the Village.  If,
in nine months, the exterior of the house is completed, the site finish graded and seeded, and no other claims have been made against the deposit, the balance of the deposit will be returned to the contractor/owner as follows:

Dwelling Size (sq. ft.)   Amount Retained                     Amount Returned
Up to & including 2000   $800.00                         $1700.00
2001 through 3000         $900.00                         $1600.00
3001 and over                $1100.00                                   $1400.00

Basements with any sort of doorway exit will be calculated into the total square footage of the residence.  The deposit amount, and the amount retained are subject to annual review by the Board.

A deposit to cover the architect’s fee will be due at the time the architectural permit is granted.  This fee (currently 7.5 cents per square foot) will be the cost payable to the architect and is non-refundable.

Additions to existing structures (room additions, garages etc.) will be evaluated
by the Architectural Control Board, and a deposit of One dollar ($1.00) per square foot, not to exceed Twenty Five Hundred dollars ($2500.00) will be required.  If architectural approval is required, an additional fee of Fifty dollars ($50.00) currently will be required.  Of the deposit, Seventy Five per cent (75%) will be refunded upon satisfactory completion of the project.

Any delay in completion extending beyond the nine (9) month allocation will result in the following penalties being assessed against the building deposit:

10th, 11th, and 12th month- $300.00/month

If construction is not completed within twelve (12) months, this penalty will be
increased to $600.00/month and the contractor/owner will be required to post a
$30,000.00 bond guaranteeing that construction will be completed within another six (6) months.  If construction is not completed within eighteen (18) months of the starting date, the proceeds of the bond will be used to clear the property and return it to it’s pre-construction condition, and recover any costs related to that action.  The starting date for any dwelling construction is the date that the Building Permit is signed and given to the contractor/owner.

Building without a CLV permit will result in an immediate $200.00 penalty and cease order.    
The penalty will accumulate at the rate of $200.00 per day if the construction continues
after receipt of a written notification by the CLV manager or Board President of the lack of proper CLV building permit being filed.

The CLV review does not indicate a thorough review of all dimensions, utility placement, plot survey details, material proposed, or the accuracy of the information submitted; nor shall review by CLV be construed as relieving the (Contractor, Owner) from any responsibility for errors or deviation from the requirements of CLV building restrictions.

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