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Construction
The following rules and regulations apply to the
construction of all improvements within Crested Butte South, Filings 1-4. No
building, structure, wall, fence, or addition or exterior alteration to any
building, structure, wall or fence shall be commenced, erected or maintained
unless and until the plans and specifications showing the nature, kind, shape,
height, materials, floor plans, and location of the same shall have been
submitted to the Association Manager and/or the Design Review Committee for its
consideration and approval or disapproval in writing. The Committee shall
review all plans and specifications with regard to quality, materials and
color; topography, setbacks, finished grade elevation, driveways, plantings and
parking facilities; as well as harmony of exterior design with existing or
planned structures adjacent thereto. (Refer to Section 4 of the Covenants and
Restrictions)
Construction Hours
Construction activity that is likely to generate noise which
is audible beyond the property boundary, such as hammering, sawing, excavation
work, and concrete or material deliveries, must be confined to the hours of
7:00 a.m. to 7:00 p.m., Monday through Friday, from 8 a.m. to 5 p.m. on
Saturday, and from 9 a.m. to 3 p.m. on Sundays, or as may be further restricted
by the P.O.A. form time to time. Additionally, the use of heavy equipment is
prohibited on Sundays.
Stop Work Authority
The Association Manager, the Design Review Committee, or the
Board of Directors shall at all times have the authority to stop all work on
any construction site within Crested Butte South. Contractors or contractor’s
personnel violating any of the provisions of this document or of the Covenants
and Restrictions shall be just cause for stopping all work. A stop work order
will be issued directly to the lot owner in writing and posted at the work
site.
Construction Trailers, Portable Field Offices &
Contractor Designation Signage
No trailer capable of habitation or containing living
quarters shall be parked on any lot or street governed hereby for more than one
consecutive overnight period; provided, however, that a trailer or trailers,
used temporarily by a construction contractor or sub-contractor as an office,
supply facility, tool room or warehouse, may be located completely within any
lot during the actual period of construction. (Refer to Section 7 of the
Covenants and Restrictions) Contractor’s signs are permitted, but must not
exceed 6 sq. ft. in size and no flashing, moving, animated or neon signs will
be permitted. The sign must be removed upon issuance of the Certificate of
Occupancy from Gunnison County.
Housing No construction worker or lot owner shall set up a
temporary residence on any construction site in a trailer, motor home or tent.
(Refer to Section 7 of the Covenants and Restrictions.)
Storage of Materials and Equipment
Owners or contractors are permitted to store construction
materials and equipment on an approved construction site during the
construction period. All equipment and materials shall be neatly stored or
stacked, properly covered and secured. Owners or contractors will not disturb,
damage, trespass or store materials or equipment on adjacent lots, roadway
right of ways or utility easements. Storage of materials and equipment must be
completely within the property associated with the Building Permit.
Debris and Trash Removal
Owners and contractors shall clean up all trash and debris
daily. Any trash or debris blown from the site shall be cleaned up daily.
Trash and debris shall be removed from the site once the receptacles are
reasonably full. All owners and contractors are prohibited from dumping or
burying trash on any site throughout Crested Butte South. Burning of
construction debris is not permitted in CB South
Parking Areas
Construction crews or other construction personnel shall not
park on adjacent properties and is permitted to park on the road side, but not
on an overnight basis. Please consider safety and use caution on where you
park your vehicles on the road side. You may be required to move your vehicles
periodically for safety concerns, snow plowing or road maintenance.
Concrete
Following concrete delivery to construction sites, concrete
trucks may not clean trucks or dump excess concrete in the roads, adjacent
properties, and right of ways or easement.
Damaged Property / Restoration of Property
Damage to or scarring of other properties, including but not
limited to other lots, roads, driveways or other improvements is not
permitted. If damage occurs, the person responsible will repair it promptly.
The owner of the lot upon which improvements are being constructed shall be
responsible for damage and other violations of these construction regulations
caused by such owner’s contractors, sub-contractors, employees, agents, or
other representatives.
Upon the completion of construction, each Owner and his or
her General Contractor shall clean the site and repair all property which has
been damaged, including but not limited to reshaping and revegetation of
disturbed grades, and the repair of streets, driveways, pathways, drains,
culverts, drainageways, signs, lighting, and fencing.
In addition, each Owner and his or her General Contractor
shall be held financially responsible for the cost of the site restoration or
revegetation and refuse removal necessitated upon any adjacent or neighboring
property as a result of trespass or negligence by their construction personnel,
sub-contractors, or material suppliers.
Final Inspection
Prior to the issuance of the Performance Deposit refund, the
Owner or General Contractor must first request a Final Inspection by the Review
Board. The purpose the Board’s inspection shall be to confirm that all
construction and improvements have been completed in accordance with the
approved plans, or to identify any deficiencies which must be corrected prior
to the issuance of the Performance Deposit.
Health and Safety Compliance
All applicable statutes, ordinances, or rules pertaining to
health and safety, including all applicable provisions of the Occupational
Safety and Health Act (O.S.H.A), and restrictions pertaining to the handling or
disposal of hazardous materials and toxic substances or waste must be observed
and obeyed throughout the construction process.
Sanitary Facilities
Each Owner or General Contractor shall be responsible for
the provisions of adequate sanitary facilities for the use of jobsite
personnel, throughout the active construction process. Each portable toilet
shall be situated within the property lines in the location approved on the
construction staging plan. Each toilet must be emptied or exchanged as often
as is necessary to prevent the attraction of insects or the generation of
objectionable odors.
Firearms
The possession or discharge of any type of firearms by
construction personnel anywhere within the CB South Subdivision is prohibited.
Alcohol and Controlled Substances
The consumption of alcoholic beverages or the use of any
controlled substance by construction personnel within the CB South Subdivision
is prohibited.
Pets
No pets may be brought to or onto a construction site,
except by the Owner of the property; any and all pets brought to the site by an
Owner must be appropriately leashed or restrained.
Conduct and Behavior All property owners in Crested
Butte South shall be responsible for the conduct and behavior of their
representatives, builders, contractors and sub-contractors. Please consider
the impact on the community when creating excessive noise levels, and refer to
the Cb South Noise regulation for specific guidance.
Be a Good Neighbor!
There is no question that the construction of each “next new
residence or business” is disruptive to its surrounding neighborhood. By its
very nature, building is a noisy, dusty, traffic-generating activity. We
acknowledge that it is virtually impossible to eliminate all of the annoying
aspects of construction; but we also know for a fact that the level of
annoyance can be significantly reduced by the builder who maintains a mindful
respect and regard for the sensibilities of nearby residents. For example,
whenever possible, schedule a noisy delivery or activity through the middle of
the day, instead of at dawn’s early light when others might still be asleep, or
during the fading twilight when others might be sitting down for a quite
dinner. Remember that your fellow Owners or even their renters should not have
to forfeit their rights to enjoyment of Crested Butte South for the
construction of your new home or business.
When neighbors are treated with respect they will become
more tolerant. Our Manager and our Review Board receives fewer complaints, and
your construction progresses to completion with fewer corrective
interruptions. So, be a good neighbor, it’s best for us all!
Non-Compliance Assessment Procedure and Rates
Owner will be liable for the non-compliance penalties
specified below. The non-compliance assessment procedure is as follows:
1. First Offense – a written warning will be given
by the Crested Butte South Property Owners Association Manager or other
Association agent and/or official.
2. Any Offense after a written warning – an invoice for said offense will
be mailed to the address of the owner, per the Association’s records, payable
within 15 days. Colorado law provides that, if a non-compliance assessment is
levied, the owner/contractor may request a hearing before the Crested Butte
South Property Owners Association’s Board of Directors to contest the fine.
Any request for a hearing before the Board of Directors must be made before the
fine is due. The Board of Directors shall provide the owner/contractor with at
least 10 day prior written notice of the hearing and an opportunity to be
heard.
Maximum Non-Compliance Penalties
All penalties apply to all Sections above.
1. First
Offense after a warning - $250. + $100./day
2. Second
Offense after a warning - $500. + $100./day
Owners and Contractors Statement
The Property Owner and their contractors acknowledge that
they have:
1. Read the CB
South Residential Design Guidelines,
2. Have had the
opportunity to seek clarification on any provision we believe requires
additional explanation,
3. Agree to comply
with said regulations during the course of construction, and
4. Understand the
procedure and schedule of non-compliance penalties.
We understand that compliance with the Construction
Regulations is our responsibility and that we will be liable for all actions of
our contractor, sub-contractors and their representatives.
________________________________________
Signed
(Owner)
________________________________________
Print Name
of Owner
________________________________________
Signed
(Contractor)
________________________________________
Print Name
of Contractor
________________________________________
Date
This statement must be signed before
the final CB South Approval letter is issued.
Please NOTE: Crested Butte South Property
Owners Association through its designated representative reserves the right to
inspect the site at any time during construction without notice.
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