Second Amended and Restated
Subdivision Rules
for Phases I and II
of
Diamond Tail Estates
August 2011
Table of Contents
Page
1.0 Objectives 4
2.0 Architectural Design Elements 5
2.1 Approved Architectural Styles 5
2.1.1 Pueblo (Spanish Pueblo Revival) 5
2.1.2 Territorial 5
2.1.3 Northern New Mexico (High Mountain Pitched Roof) 6
2.1.4 Southwest Contemporary 6
2.1.5 Illustrations 6
2.2 Building Placement 6
2.3 Grading & Drainage 6
2.4 Building Height and Sizes 7
2.5 Building Massing 8
2.6 Ancillary Structures 8
2.7 Roofs 8
2.8 Roof Top Decks 8
2.9 Building Colors and Trim / Window Colors 8
2.10 Exterior Lighting 9
2.11 Art, Ornamental Objects, and Flagpoles 9
2.12 Skylights 9
2.13 Solar Collectors 9
2.14 Antennas, Wind Generators, and Towers 10
2.15 Fireplace Spark Arrestors 10
2.16 Driveways 10
2.17 Garages and Parking 10
2.18 Patios and Courtyards 11
2.19 Driveway Security Gate 11
2.20 Home Street Address Markers 11
3.0 Water Usage 11
3.1 In-Home Potable Water Storage Systems 11
3.2 In-Home Water Quality Treatment Systems 12
3.3 Fire Suppression 12
3.4 Water Conservation 12
3.5 Water Harvesting 13
3.6 Water Features 13
3.7 Swimming Pools 13
3.8 Landscape 13
3.9 Plant Zones 13
3.9.1 “Intensive Zone” 14
3.9.2 “Transition Zone” 14
3.9.3 “Natural Zone” 14
4.0. Required Plans to be Submitted to the ACC 14
4.1 Definitions 14
4.1.1 Preliminary Plans 14
4.1.2 Final Plans 14
4.2 Topographical Survey / Site Plan 14
4.3 Grading and Drainage Plan 15
4.4 Site Plan 15
4.4.1 Preliminary Site Plan 15
4.4.2 Final Site Plan 16
4.5 Exterior Elevation Plans 16
4.5.1 Preliminary Elevation Plan 16
4.5.2 Final Elevation Plan 16
4.6 Landscape Plan 17
4.7 Storm Water Pollution Prevention Plan (SWPPP) 17
4.8 As-Built Site Plan 18
4.9 Use of Design and Construction Professionals 19
4.10 Review Process 19
4.11 Review Fee 19
4.12 Contractor’s Bond 19
5.0 Meetings & Compliance Review 20
5.1 Building Placement Engineering Walk-through, Pre-plan Document
Receipt Sign-off 20
5.2 Preliminary Design Review / Meeting 20
5.3 Final Review / Meeting 20
5.4 Pre-Construction Meeting / Checkpoint 21
5.5 Surveyor / Construction Observations / Checkpoints 21
5.6 Completion / Compliance Review & Meeting 22
5.7 Landscape Completion 22
5.8 Changes 23
5.9 Home Additions and Remodeling 23
6.0 Construction Requirements 23
6.1 Construction Access 23
6.2 Construction and Maintenance of Liquid Waste Systems 23
6.3 Debris and Trash Removal 24
6.4 Sanitary Facilities 24
6.5 Excavation Materials 24
6.6 Blasting 24
6.7 Restoration or Repair of Other Property Damages 24
6.8 Job Site Regulations 25
6.9 Fire Prevention 25
6.10 Dust and Noise 26
6.11 Construction Signage 26
6.12 Daily Operation 26
6.13 Adobe Brick Manufacture 26
Subdivision Rules for Phases I and II
of Diamond Tail Estates
1.0 Objectives
These Rules are created to complement and supplement the Declaration of Covenants, Conditions, and Restrictions, which should be read for additional information and guidance.
Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Second Amended and Restated Declaration of Covenants, Conditions, Restrictions for Diamond Tail Subdivision Phases I and II (the “Declaration”), executed by the Declarant and recorded in the real property records of Sandoval County, New Mexico, on October 22, 2008, in Book 411, at Page 31871, as Document No. 200831871.
In the planning for the Subdivision, the Declarant has taken several measures to protect the environment. Open space areas have been set aside for dedication to the Diamond Tail Homeowners’ Association (“Association”) for the enjoyment of all residents and guests of the Subdivision. Significant natural features such as drainages, ridgelines, and steep slopes have been included in the open space areas in order to protect them from inappropriate development. Roads have been designed to follow the contours of the land and minimize the visual impact of cut and fill slopes. Storm water run-off is captured or reduced in flow at various locations within the Subdivision as a method for controlling erosion, recharging the aquifer, and creating denser vegetation for animal habitat.
Utilities have been placed underground to ensure the preservation of views throughout the Subdivision. The entire community has been surveyed by an archaeologist. Various archeological sites have been located in the survey of the property, and easements have been designated on the plat to preserve these important historical sites.
The recommended building sites optimize views; minimize the impact on the terrain and views from other lots and roadways. Architectural design and terrain management standards have been included in the Declaration and these Subdivision Rules to ensure that future built improvements are integrated into the surrounding terrain. The Declarant is requesting the cooperation and participation of each individual Owner in the process of creating a built environment which minimizes the impact on the land. Declarant strongly encourages energy and water conservation in design and construction of homes in Diamond Tail. Passive solar site planning, construction techniques for added insulation, incorporation of solar and photovoltaic elements in home design, rooftop water harvesting, grey water re-use, and/or other technologically developed products that can reduce the use of natural resources are encouraged. Construction efficiencies to minimize contributions to solid waste are also encouraged. Each lot contains its own unique natural features, terrain opportunities, and constraints. The placement and design of the house and its relationship to the land, and such technical considerations as soils, liquid waste collection treatment and disposal, solar heating, and storm water management must be considered holistically in the design process. Through Subdivision design, the Declaration, and the Subdivision Rules, the Declarant seeks to preserve, protect, and, where possible, enhance the unique natural environment found in the Diamond Tail Subdivision.
2.0 Architectural Design Elements
Diamond Tail’s design criteria and control are intended to create a harmonious and consistent appearance for the subdivision and have homes that blend into the natural terrain with minimal visual impact. Each lot has a unique character and topography and requires design considerations that will vary from its neighbors. The intent throughout the development is, however, that all structures be compatible with the landscape and adjoining homes. As regards style, the emphasis is to adhere to historical design principles and to avoid contrived nontraditional elements. The Architectural Control Committee (“ACC”) may in its discretion allow only one or several styles (Pueblo or Territorial, for example) in certain areas of the subdivision.
2.1 Approved Architectural Styles
Approved architectural styles include:
2.1.1 Pueblo (Spanish Pueblo Revival)
This style is typified by multiple level flat roofs, soft organic lines, rounded parapets, and simple window treatments. Support elements include heavy peeled logs or rough sawn timbers. Windows and doors are deeply recessed into thick walls. Windows are wood or wood-like in appearance. Wall materials are stucco, rammed earth, or adobe block. Trim is minimally expressed with window and door openings capped with heavy wood lintels. Exterior portals and courtyards are a common feature that allow for a fluid transition between exterior and interior spaces.
Stone trim or accenture is acceptable if limited and proportional to the overall appearance. Stone turrets or kivas will be considered based on their size and dominance of the outward appearance of the structure. Roof tile is generally not acceptable as a trim component. Irregular parapets are not acceptable.
2.1.2 Territorial
This style consists of flat roof masses with articulated parapet tops, usually in brick. Windows and doors have neoclassical wood trim at the top in peaked or arched shapes. Simple rectangular floor plans often have deep porches with small wood columns and flat roofs similar to the main building parapets. Support elements are milled wood (all sides) for columns and beams. Windows are painted multi-panel wood. Wall materials are stucco, rammed earth, or adobe.
2.1.3 Northern New Mexico (High Mountain Pitched Roof)
This style is similar to Pueblo and Territorial in the use of masonry walls, wood windows and trim, and color treatment. The pitched roofs were necessary in high snowfall areas. Roof material must be non-reflective; the ACC will provide a color pallet and material description.
2.1.4 Southwest Contemporary
This style eliminates much of the traditional detailing such as wooden posts, beams, and vigas. The emphasis is on the overall structural composition with use of windows and decorative walls while still clearly presenting the image of a Southwestern or New Mexico style home. This style needs to strictly avoid the “store front” or “commercial” look with excessive glass and metal.
2.1.5 Illustrations
The ACC has available illustrations of these styles in the Builders Guidelines for a general understanding of the planned community architectural pallet.
2.2 Building Placement
A recommended building location has been established for each lot by the ACC. These are shown on the plats as 50 foot square symbols. These designate the approximate center of the home, which will be adjusted as the approval process progresses. The ACC will consider building size, the view corridors for the proposed home and adjoining existing or future homes, and other criteria deemed suitable.
Buildings, walls, and any structure extending above the ground shall be located at least 40 feet from the lot lines and at least 60 feet from the centerlines of the road right of ways. Based on terrain and lot conditions, these setback requirements may be varied by the ACC, in its sole discretion.
A preplan submittal engineering “on the lot” walk-through is required to discuss the building placement.
2.3 Grading & Drainage
The objective of site development of each lot at Diamond Tail is to minimize the affect of disturbance by grading and drainage operations to the existing, natural terrain that is unique to the vast topography of the area. The variety of landforms throughout Diamond Tail requires the attention to grading design to assure that the development of each lot has been specifically tailored so that each Residence blends naturally within the existing adjacent landforms. The grading design should strive to contain cut and fills within close proximity to the building foot print to preclude massive cut and fill slopes within the lot.
The natural arroyos and other defined existing drainages are great land features that contribute to the beauty of the landforms at Diamond Tail Ranch and shall not be obstructed. Drainage easements have been established as shown on the subdivision plats and are not to be encroached into by the development of each lot. Existing drainage shall enter and leave each lot at historical locations of water flows.
A Grading & Drainage Plan must be prepared for each proposed residence and submitted to the ACC for review.
2.4 Building Height and Sizes
The minimum home size is 2,400 square feet of heated space for Phase I and 2,000 square feet of heated space for Phase II. Guest houses are restricted to the lesser of ½ the heated square footage of the house or 1,600 square feet maximum.
Building height and size restrictions are intended to prevent any residence from appearing excessive when viewed from the street, open space, or another lot or would appear incompatible with other residences. The home should adapt to the site topography and not be placed for convenience on an elevated slab or be excessively cut into a hillside.
The standard maximum height for a home is 16 feet. This height is measured from a datum established as follows:
The structure shall not exceed 16 feet in height above the highest point of natural grade under the structure footprint. No elevation of an exterior wall shall exceed 20 feet from the final slab elevation. See the Builders Guidelines for illustrations of this provision.
Retaining walls and other walls not directly supporting a building structure shall not exceed 6 feet in exposed height.
If a home is proposed with a height that exceeds the maximum, it will be considered using the following criteria;
1. The necessity for the additional height. Some lots with small, difficult pad sites may need a second floor to achieve the required floor space;
2. The location of the home as regards ridgelines and the view corridors for other homes;
3. The visual aspect: is it excessive in appearance from the street, open space or other homes;
4. Other criteria that may be used by the ACC.
2.5 Building Massing
The concept of massing is somewhat subjective. The intent is to prohibit long unbroken masses in the horizontal and vertical plane. The building façade should typically have a minimum of three visually distinct masses, with vertical and horizontal offsets that are proportional to the scale of the structure. It is anticipated that massing will follow natural site profiles where practical. The Builders Guidelines illustrates elements of this concept. The ACC will endeavor to cooperate with the goals of the Owner and design team but will ultimately have final authority to accept or reject a proposed design in this regard.
2.6 Ancillary Structures
Ancillary structures such as gazebos, armadas, cabanas, pool pavilions, and similar must be designed as an integral, connected part of the residence.
Exterior stairs, if allowed, must be screened with a solid wall.
2.7 Roofs
The pueblo, territorial and contemporary styles have flat roofs. Small pitched roof areas may be allowed if they do not conflict with the traditional appearance of the home.
Northern New Mexico style homes with pitched roofs must use non-reflective materials and colors approved by the ACC.
Mechanical equipment is prohibited on roofs, unless it can be screened from view by the parapet wall or structure. If mechanical equipment is allowed on the roof the ACC will establish the design for screening, however this exception will require demonstration that alternatives such as ground mounting are not practical.
2.8 Roof Top Decks
These may be allowed on flat roofs, depending on the visibility from the street and adjoining lots.
2.9 Building Colors and Trim / Window Colors
The exterior walls of each house, guest house, garage, and all free standing walls and fences shall be plastered except as otherwise allowed by the ACC. Such plaster may be either a cementitious based stucco, an elastomeric synthetic stucco, or natural mud plaster. The exterior walls of each house, guesthouse, garage and all freestanding walls and fences must be in colors harmonious with the landscape, which generally are called earth tones. Pre-approved exterior and enameled roof colors are available from the ACC.