Edgewater Owners

Original Covenanrts

EDGEWATER TINAROO CTS 31506

BUILDING AND DEVELOPMENT COVENANTS

INTERPRETATION
1. In these Covenants:
  1. “home” or “house” means a chalet
  2. “rear” means towards the lakefront boundary (Lots 1-22)
  3. “front” means the street front boundary (Lots 1-21)
  4. “Building Certifier” means either Harold Weber of All Construction Approvals or the Atherton Shire Council

INTRODUCTION
1. Developers Intent
  1. The Building and Development Covenants have been created to ensure that any future development will maintain a high quality living environment sensitive to the local tropical climate.

1. 1. Further, these Covenants have been created for maintenance of the lake amenity, to optimise the retention of the property values, and promote enjoyment of Owners and visitors.

1. Investment Security
  1. All Owners are expected to meet the same guidelines, which protect both the built and landscaped environment.

1. Design Review
  1. The Committee will discuss and review the design intent for your proposed chalet. No construction can be carried out without Committee approval.

1. 1. The Committee must provide a written response to a request for approval of plans as soon as reasonably practicable and in any event within 28 days.

1. Purpose of Seeking Approval
  1. The submission of building plans and relevant information to the Committee for design approval is to ensure a clear interpretation of these Covenants prior to documents being submitted to the Building Certifier for building approval.

PLANNING YOUR SITE
1. Site Uses
  1. Only one chalet is permitted on each allotment. Further subdivision of will not be approved.

1. Minimum floor area
  1. Any chalet erected on the land must have a gross floor area of not less than 120 square metres. The gross floor area is inclusive of outdoor living areas, garages and carports under the main roof and is exclusive of patios and pergolas.

1. Site Setbacks and Building Envelopes
  1. A building setback describes the minimum allowable distance between a chalet and the property boundaries. The measurement is taken between the outermost wall or column of your house and the boundary.

1. 1. Specific setbacks for the ground floor level for each lot are indicated on the attached Building Envelope Plan.

1. 1. All chalets must be constructed in accordance with the Building Setback Plan and within the area shown in the Building Envelope Plan.

1. Building Heights
  1. Building height will be limited to one storey on Lots 1 to 14 and 2 storey on all other lots.

1. Maximum Roof Height (Lots 1-14)
  1. Lots 1 to 14 have a roof height restriction to a maximum height of 681.5 metres above sea level for 80% of roof area and up to 682 metres for 20% of the roof area. This requires a slab height of 677 metres above sea level to achieve a 5 metre single storey house.

1. 1. Lots 1 to 14 will require a cut to achieve a flat building pad within the building envelope. The cut will require either no less than a 45 degree batter or an approved retaining wall. All drainage must be approved and must be evenly disbursed across the Lot (to the lake) and cannot be diverted onto an adjoining Lot.

1. 1. A place will be nominated by the Committee to dispose of excess soil resulting from any cut and fill process.

RESIDENTIAL DESIGN
1. General Principles
  1. The Committee encourages buildings designed for thermal comfort in this hot humid climate promoting shading and/or insulation to all building surfaces to minimise solar heat gain and encourage ventilation from prevailing cooling breezes. Building designs shall be considerate of these basic design criteria and show sensitivity to the local climate conditions.

1. Exterior Walls
  1. Masonry and lightweight framed wall structures can be approved.

1. 1. Render or other approved texture coated materials applied to masonry block or fibrous cement sheeting can be approved.

1. 1. Timber finishes can be approved.

1. 1. Unrendered clay brick will not be approved.

1. 1. Composite construction methods utilising a combination of approved materials is encouraged.

1. 1. Applications for the use of other materials will be considered on their architectural merit.

1. 1. Bare, painted or pre-coloured concrete blocks will not be approved.

1. Roof Materials
  1. Colorbond or tiled roofs displaying sensitivity to the climatic and aesthetic requirements of the dwelling are encouraged.

1. 1. Alternative roof designs with architectural merit will be considered.

1. 1. Galvanised iron, zinc or aluminium-coated steel and corrugated cement fibre sheeting will only be considered as either wall or roof cladding where used as an architectural feature and not the principal visual material.

1. 1. Roof colours should be considerate of potential glare problems towards neighbouring allotments. Light colours are encouraged to promote thermal comfort however white roofs will not be approved.

1. 1. Gutters are not permitted except for collection to an approved rainwater tank otherwise runoff is required to fall evenly across the property and must fall onto a hard surface.

1. Colour
  1. The use of colours which promote diversity and complement the quality of the development are encouraged.

1. Carports and Garages
  1. Carports and garages are to be integrated into the overall style of the building and wherever possible should not be the dominant feature of the facade.

1. 1. Carports and garages are to be to the front and no higher than the house. Where colour bond walls are used landscaping must surround such area other than the door opening.

1. 1. Doors are encouraged to be fitted to the front of garages and carport areas to ensure that household effects are not visible from the street.

1. Pole Chalets
  1. Post and beam designed chalets, utilising timber or steel, are encouraged on the treed and sloping sites.

1. 1. The undercroft of pole chalets are to be screened by timber slats, lattice or vegetation so that they may not be seen from the public areas.

1. 1. Pole homes on Lots 1 to 14 must not be higher than 80% of roof area below 4.5mtrs and a further 20% of roof area no higher than 5 metres.

1. Air Conditioners
  1. Air conditioners should be located so that they are screened from public view and minimise noise to adjacent properties. Units located above the roofline must be sited as low as possible and be coloured to complement the roof colour. Wall and window units should be in a colour that integrates with the dwelling and should not be visible from the street frontage.

1. Patios And Verandas And Palappa Structures
  1. All chalets will have a patio or veranda or palappa to the rear of the building envelope of not less than 4.5 m in depth and of a material similar to the main structure or a material which compliments the main structure and the aesthetics of the development generally.

1. TV Antennae and Satellite Dish
  1. Antennae and satellite dishes requiring external installation must not be located on any streetfront and should be sited so as to minimise visual impact to the neighbor or rear.

1. Solar Water Heaters
  1. Solar Panels may be located on the roof of the house, garage or accessory structure and be flush with the roof finish. Remote storage tanks are encouraged for panels on roof facades facing the streetfront.

1. Water Storage Tanks
  1. The shape, colour and location of water storage tanks should integrate with the dwelling. Tanks should not be visible from the rear.

1. Clotheslines
  1. Clotheslines must be installed in a well screened location, preferably at the side yard of the house to minimise visual intrusion to the rear or neighbour, secondary thoroughfares or public parklands. Fold away or retractable clotheslines are preferred.

1. Signs
  1. Signs and hoardings advertising products and businesses will not be permitted on residential allotments. Display chalet signage may only be erected with the prior approval of the Committee.

1. 1. Signs advertising the sale of vacant land or house and land packages may not be erected on vacant allotments without the prior approval of the Committee which will not be unreasonably refused subject to a maximum size of 0.5 sqm sign, attached to the fence (next to front access) and no higher than 1.2metres.

1. Refuse Bins
  1. Refuse bins must be located in a well-screened location, which allows convenient access to the street.

GARDEN DESIGN
1. Landscaping Plan
  1. All landscaping must be in accordance with the Landscaping Plan.

1. 1. No landscaping is permitted to the rear of the Lots 1 to 22 (beyond the building envelope).

1. Existing Vegetation
  1. Where trees have been retained on a lot, written approval is required to remove any trees before or after construction of a house.

1. Retaining Walls
  1. All retaining walls must be shown on the site plan when seeking approval.

1. 1. Materials that complement the natural environment are encouraged.

1. 1. Small terraces integrated with the garden design are encouraged.

1. 1. No earthworks shall be undertaken where excavation or fill will exceed 0.75 metres from the present surface level of the property without approval.

1. Fences
  1. Boundary fences between adjoining allotments shall commence at the street front building setback line and be a maximum height of 1.3 metres high. The fencing shall be constructed 1200mm high dog wire fencing with 150mm Koppers logs to end, corner and gate posts and 125mm Koppers logs for horizontal stays with black star pickets as the intermediate posts including one only 4 metre wide gate (Weldmesh) to the front boundary and one strand of 3.15mm wire to the top of the fence.

1. 1. The rear boundary will have no fence although side boundaries may extend to the rear corner of each block.

1. Exclusive Use Areas
  1. Nothing is to be planted or built in the exclusive use areas.

1. Swimming Pool Fencing And Criteria
  1. Standard vertical bars in accordance with pool laws and of dark colours (not white) can be approved.

1. 1. Pools are not to be built beyond the building line of the building toward the rear (lakefront) boundary.

1. Driveways
  1. Generally, only one driveway will be permitted to each allotment. Driveways should not be wider than 5.0m at the street boundary of an allotment.

1. 1. Driveway alignment and materials should form part of the application for dwelling approval and should be constructed prior to occupation of the dwelling. Driveways should be paved, exposed aggregate or stamped pattern concrete or porous material such as stone to stop erosion.

1. 1. Driveways should be constructed to abut the layback kerb and channel to the street.

1. Sheds and Like Structures
  1. Sheds and like structures must be screened and must be positioned within the building envelope toward the front (street). No sheds toward the rear (lake) of the block will be approved.

1. 1. Sheds (etc.) less than 10sqm in area will generally be permitted with wall and roof cladding in colorbond or similar. However they must be screened and to the front (street) of the block

1. 1. All sheds (etc.) exceeding 10sqm in area should be constructed of materials that complement the main dwelling. The roof pitch, colour and material should also match or complement the roof of the main dwelling.

1. 1. Sheds and other structures may not be installed or built without approval.

1. Maintenance
  1. Owners are required to keep and maintain all buildings, all landscaping, and all lawns, trees, shrubs and gardens in good order and condition.

1. 1. In the advent of trees growing over 6 metres on Lots 1-14 the owner may be asked to trim or remove and replant smaller trees.

1. 1. Owners must:
    1. not bring onto, or allow to accumulate on the land, any weeds, rubbish or garbage or spoil or other material of an unsightly nature.

1. 1. 1. not install an incinerator or other article for disposal or storage of garbage other than a domestic rubbish bin.

WATER USAGE & METRES ON EACH LOT
1. User pays
  1. The Developer discloses that, prior to the construction of any improvements on any of Lots 1-28, it is a requirement of the Local Authority that the owner is to install on the relevant lot, a water meter and a 5000 litre tank and an electrical pressure system, for the purposes of assisting water pressure.

APPROVAL PROCESS
1. Seeking Approval
  1. House plans are to be submitted to the Developer prior to lodgment with Building Certifier.

1. 1. This covenant requires owners to obtain the Committee’s approval for any building works to be carried out, prior to any works commencing.

1. Specific Requirements

To approve a design the Committee requires three sets of plans on A3 size drawings consisting of:

1. 1. SITE PLAN - (showing the location of buildings and earthworks on the lot);
  2. FLOOR PLAN - (showing the building layout with the measurements);
  3. ELEVATIONS - (showing the appearance of the building from each side including relevant dimensions and visual details);
  4. CROSS SECTION - (showing detail of boundary wall and gutter treatment);
  5. SCHEDULE OF EXTERNAL COLOURS AND MATERIALS;
  6. FENCING AND DRIVEWAY DETAILS;
  7. RETAINING STRUCTURES;
  8. APPLICATION FORM

These details are typically provided by an architect or building designer.

1. All building works adhere to water protection policy and workplace and safety laws and any other statutory or shire or government requirements.

1. The approval required by the covenants is additional to and not in lieu of any State or Local Government building or planning approval requirements.

1. No charge is applicable to obtaining the approval of the Committee.

APPLICATION FOR APPROVAL
1. Process for Assessment
  1. The Applicant must complete the following application form and submit to the Committee together with three (3) copies of the required drawings for assessment. Following approval by the Committee the drawings will be stamped by the Committee and two (2) copies returned to the applicant. One (1) approved copy of the drawings must be presented by the owner to the Local Authority when applying for a building approval. Building approval applications will not be assessed by the Council without receiving a copy of the drawings stamped by the Committee.