Introduction

The members of the Solterra community intend to provide an harmonious and pleasant environment throughout the community by balancing the rights of individuals to create and enjoy the personal environment they create with their own home and grounds with the rights of all members to enjoy the broader aspects of appearances of homes and grounds as seen from the viewpoint of the entire community. These guidelines have been developed and adopted to achieve that balance and to meet the expectations expressed in the “Guiding Principles of Solterra.”

Traditions Which Underlie the Planning

The name Solterra captures the relationship of sun and earth that characterizes the physical plan for the community and in a broader sense captures the interdependence of human beings as individuals and families within a larger community structure. We are creating one version of a residential community that not only draws on the traditions of Scandinavian cohousing but also incorporates some features more responsive to an American lifestyle.The usual cohousing development grows out of a European model where there is a tradition of severely limited living spaces, infrequent use of automobiles, and families where members of various branches live for generations in the same vicinity. By contrast, in America we are accustomed to ownership of individual home sites and the use of automobiles for all ordinary daily business, and members of families are often scattered across the country.We are striving for the best attributes of both traditions. Our basic planning concept recognizes that having individual lots, although modest in size, and access by car to each lot is important. At the same time a combination of privacy and social interaction is possible by virtue of a site design in which each home has some outside private space along with an inward orientation to interconnected open spaces we call commons. Respect for traditions of country living will be evidenced in the restoration and use of the farmhouse as a center of community activities, while contemporary knowledge of building design and materials and the responsible use of resources will guide this new use of the land.

Essential Elements of the Site Design

There will be sites for 40 homes.Houses will be grouped in three neighborhoods roughly following the physical features of the site as indicated on the site plan. Initial plans call for each neighborhood to have one duplex (two homes with a common wall, each on separate but adjoining lots). The neighborhoods will be called The Meadows, The Cedar, and The Woods. Two other general areas will be named informally. The Farmyard will refer to the commons area immediately south of the Common House. The Gardens will refer to the area at the corner of Erwin and Randolph Roads to be used for gardens.Houses in each neighborhood will be oriented for activities toward a common area in the mode of a village commons while having automobile access to an exterior road.All three neighborhoods will adjoin and be accessible to each other and to the farmhouse by interior pathways.The section of land at the corner of Erwin Road and Randolph Road will be kept as open common land for organic gardens and recreation space. Other small corners of the property and various buffer zones will be dedicated to natural plantings.Roads around the perimeter will be private and as narrow as permissible within requirements to provide access to emergency and maintenance vehicles.A single access to the community will be on Randolph Road. The present driveway into the farmhouse and another one further west on Erwin Road will be maintained only for the use of emergency vehicles.All utilities will be installed underground.The renovation of the farmhouse will include exterior deck(s) or a patio for socializing and an outdoor play area for small children. An open field will be maintained on the south side of the farmhouse.Various outbuildings will be incorporated into the site plan for uses to be decided by the community.The design of homes and their location on their lots will take into consideration passive solar heating, orientation to the commons, access by road, and will adhere to covenants and these Architectural Codes regarding exterior features for parking, fences, enclosures for trash and recyclables, etc.If the water in the present farm well is pure, the water may be made available at the present site of the well.As much as possible healthy trees and other non-noxious vegetation will be preserved recognizing that the requirements for solar access will require some thinning.Common storage areas will be screened if appropriate.No fences will be allowed within eight feet of the lot line on the commons. Fences on side lot line may not extend closer than eight feet from the lot line on the commons. There may be exceptions permitted for lots fronting on the farmyard.Various recreation and play areas may be designated on common lands to serve the needs of the community.

Essential Elements of House Design

Individual houses will be a minimum of 1200 square feet of roofed living space except that individual units of a duplex may be a minimum of 800 square feet. The maximum number of square feet in the footprint of roofed area of each house, not including garage or carport, will be one-third the number of square feet in the lot.Durham County ordinances require a minimum of 8-foot setback from all property lines. In order to provide the maximum benefit from passive solar design of homes structures and evergreen trees must be placed according to solar access footprints as shown in Appendix A. The Architectural Review Board may approve reasonable variations. The angle of the sun on December 21 will be used to determine the necessary clearance.Designs will incorporate passive solar heating features. Related energy conservation features of insulation, back up heating, air exchangers, etc., are recommended but are at the discretion of the owner and must be in compliance with local regulations.Exteriors will be natural materials such as wood, stone, brick, masonry or stucco. Wood will be stained, painted, or treated for natural appearance. Trim including window and doorframes will be in harmonizing colors. The Architectural Review Board will establish a palette of suggested colors. The farmhouse will remain its traditional white color.In keeping with the village concept where houses reflect the needs and interests of the times and the owners, a variety of architectural designs will be permitted with approval based on various factors such as size and location of the lot and the relationships to surrounding houses. Houses in close proximity should not have identical exterior designs.An Architectural Review Board will be established by the Triangle Housing Community, LLC and continued by the Solterra Homeowners Association to interpret the codes and approve plans or recommend alternates during development of the site.

Architectural Review Board

The Architectural Review Board (ARB) will consist of no fewer than three members of the Association (or the LLC) chosen by the members to serve for three years. Terms will be set to provide for rotation of members. All meetings of the ARB must have at least three of its members present and will be open to all members of Solterra. Minutes will be kept and the decisions of the ARB will be subject to the appeal processes of these organizations. While Solterra is under construction the Site Plan Architect or the Site Engineer may serve upon request as an advisor to the ARB. Where possible at least one member of the ARB will be someone with professional experience related to the purpose of the Board (architect, contractor, landscape designer, land planner). If no such expertise is available, the ARB may, with approval of the Association Board, contract for professional services for specific tasks. The interpretation of these guidelines for any particular application is entirely up to the Architectural Review Board. Approval or refusal of applications made will be based on these guidelines. Every case is unique and will be considered separately. Members of the ARB will not participate in discussions or actions of the ARB concerning their own property.Every property must comply with all sections of guidelines listed (e.g. a new house under construction must comply with the Landscape guidelines as well as the New Construction guidelines). The organization of the guidelines is purely to aid the property owner in understanding them. All guidelines apply to all properties at all times.Specific directions on how to apply for approval in certain cases contained herein do not imply that these are the only cases that need to be approved. Durham City, County and North Carolina building codes and the requirements of lending institutions may also govern many of the same things that require approval by the ARB. These approvals are the responsibility of the owner and ARB approval does not imply city, county, state, or lender’s approval, or vice versa

Application Process

New construction and any additions or modification to existing structures causing significant changes to the appearance of a property must be submitted for approval. Replacement with equivalents for maintenance purposes does not require approval (e.g. repainting with the same colors, replacing a window with a window of the same size or changing landscaping design and materials appropriate to the size and design of the house).Before any change to a property requiring approval is made this standard application process must be followed. If at any stage of the process the ARB determines that the various steps of the process are not essential or have been substantially met, the ARB may approve an application, waiving the remaining steps of the process. Approvals may also be given conditional on additional requirements. If additional requirements are specified in the approval they must be followed if the approved application is implemented.If the ARB fails to approve or disapprove an application within thirty days of a complete application being submitted, approval will not be required and the guidelines will be deemed to have been fully complied with.

Preliminary Application

At an early stage during the design process (before beginning working drawings) schematic designs showing all elevations should be submitted so that any changes required or suggestions made by the ARB can be easily incorporated into the final working drawings. A preliminary site plan must accompany this submission so that setbacks can be determined and adherence to solar footprint restrictions can be confirmed. This step will save property owners time and offers and opportunity to avail themselves of the expertise and advice of the ARB. With changes incorporated from this preliminary review the final review is expedited.

Application Documents and Drawings (In Duplicate)

Scale drawing of existing lot, showing all proposed structures or modifications, placement of fences, and location of trees larger than 2’ trunk diameter measured at 5’ height. If grading changes are requested, then a scale topographic map of the existing property and the proposed grading changes.Exterior elevations of any new or modified structures at a scale of ¼”=1’ or 1/8”=1’.Construction schedule and estimated completion date.List of materials and color samples.Any other documents or drawings, which may be reasonably required by the ARB.

Final Application

This submission should consist of two sets of the documents and drawings listed above showing the final location and elevations and incorporating any changes required by the review board.

Stakeout Review

A member of the ARB or a professional engaged by the SHA will accompany the property owner or builder to the site to review the stakeout and approve the flagging for clearing. Each corner of the proposed structure(s) should be clearly marked by a stake and all areas to be cleared, including the driveway, should be defined with flagging tape.

Final Compliance Review

Any new or modified structures, landscaping changes, grading changes, or other changes made must comply with the previously approved application and the property must be in conformance with these guidelines for a compliance form to be issued.

Structure Guidelines

Handicapped Access

Inasmuch as all facilities in the common area will be handicapped accessible, lot owners are urged to construct homes and landscape their lots to provide handicapped access

New Construction

No structure shall be placed or evergreen trees planted which shall affect another lot’s southerly access as defined in the Covenants.Lot sizes are determined on the approved site plan and the final plat as recorded in the Durham Register and may not be changed. There is a minimum setback of eight feet from all lot lines within which no part of the house or garage may encroach except for overhangs, patios, paths, driveways and other features permitted within city codes.Alterations to plan affecting the exterior appearance after approval require approval by the ARB.Minimum roofed square footage is 1200 square feet of interior space for a single family home and 800 square feet for a duplex unit. Porches may be included in the computation but not attached garages or carports.No house shall be higher than 30 feet from ground level to the highest point of the roof as defined in the Covenants, Codes and Restrictions.All utilities must be underground.All chimneys must rise above highest roof peak.Wood-burning fireplaces or stoves must have a catalytic disk or an equivalent design to reduce air pollution.The Fire Marshall recommends that home be constructed with internal sprinkler systems.Grading and tree removal for construction purposes must be done so as to minimize tree and natural area removal and must follow the Landscape Guidelines section below.Exposure of foundations should be minimized with proper grading and site design. Brick, decorative masonry or another exterior material that is compatible with the design and materials of the house must be use on any part of the foundation above grade.Driveways and parking areas must be shown on the site plan submission and completed before occupancy of the dwelling. All driveways and parking areas must be surfaced to provide support for vehicles under all weather conditions. Concrete, asphalt, or paving blocks are recommended. Gravel or stone surfaces must have an edging of at least 4” depth to prevent encroachment of grasses or other vegetation. Wherever possible owners of adjoining lots are encouraged to share a common driveway on the common lot line.All homes must have gutters and downspouts or other approved devices to dissipate runoff from roofs.All homes must have a walkway from the street-side door to the street or driveway. All home must have a walkway from the commons-side door to connect to the pedestrian path on the commons. Walkways must be designed as an integral part of the structure and landscape and may be concrete, brick, crushed stone, embedded flagstone or similar permanent materials. The cost of construction of the connecting walkway from the lot line to the path on the commons is the responsibility of the homeowner.All exterior utility equipment including, but not limited to AC units, heat pumps, natural gas meters and electric meters, must be screened from view from all common areas and adjoining lots. The electric meter may be painted to match the structure if it is in an inconvenient location to screen effectively. No visible fuel tank (e.g. oil, propane) will be permitted.

Decks and Porches

Lattice or other types of screening including plantings shall be below all first floor decks or porches visible from the street or the commons that are more than 12 inches off the ground at any point. The “Exterior Materials and Colors’ guidelines below must be followed as well.

Auxiliary Structures

Garages, carports, storage sheds, awnings must be of compatible design and appearance with the house and approved by the ARB. Garages or carports must be attached to the house. Covered walkways, including overhead trellises, are acceptable attachments.

Exterior Materials and Colors

All exterior materials must be approved, with a list supplied with the application. Materials that must be approved include but are not limited to: Paint, stain, brick, masonry, stone, stucco, wood siding or shingles, non-clear window glass.All wood must be painted, stained, or treated. Deck floors and porch floors may be exempted. Exposed aluminum or galvanized metal, not including metal roofs, is not permitted except for aluminum screens.Exterior frames or windows, storm windows and doors may be material other than wood, but must be anodized or colored to match or complement the house trim.Exterior material colors are not restricted to a predetermined list, but all colors must be approved in every case, unless an identical color is to be reapplied over previous approved paint or stain

Alterations and Additions

All alternation or additions to existing structure on any property must follow the same approval process and guidelines as new construction.

Landscaping Guidelines

General

Significant landscaping changes require approval from the ARB. Any grading changes or changes to retaining walls are examples of changes requiring approval. Grading changes may not adversely affect drainage through other lots or common property. Changes in drainage patterns are entirely the responsibility of the party causing the change and approval from landscaping changes by the ARB does not imply that the ARB or Solterra Homeowners Association or the Company is responsible for any consequences of the change.Natural areas are encouraged. Removal or natural areas to increase formal or semiformal landscaping or lawns is allowed but non-natural areas must be maintained once createdThe location, height, and materials of any retaining walls must be approved.

Trees

Specific ARB approval is required for removal of any individual live tree 6 inches or greater in trunk diameter as measured at a height of 5 feet above the ground. If removal is required due to unforeseen construction circumstances it may be done in the interest of time with notification and explanation the ARB within 10 days.Unapproved tree removals could result in the lot owner being required to replace the removed trees with appropriate replacements (to be determined by the ARB).

Fences

Fences will not be permitted on the lot line along the commons area. Nor on side lot lines nearer to the commons than eight feet.The ARB will provide at least three approved designs for fences at least one of which will be animal-proof and childproof. Individual may submit compatibly designed fences for approval. The application must include photos or samples of the intended material, style, and colors. A detailed sit plan showing the fence in relation to the lot, existing structures, tress, and landscaping is required with the application.Fences on adjoining lot lines must conform to Durham City ordinances regarding placement on the line, ownership, appearance and maintenance.No chain link or exposed metal fencing of any type will be permittedWalls and screening constructed to enclose private garden space shall relate architecturally to the design of the house. Maximum height allowed is six feet except that posts of greater height may support trellises or other overhead shelters.

General Appearance Guidelines

Solid Waste Containers

Receptacles for garbage, recyclable and composted materials must be enclosed by bins or screened by vegetation. Certain lots as defined in the Covenants do not have direct access to Solterra Way. The owners of these lots will cart their solid waste and recyclable materials to designated pickup areas along Solterra Way. Garbage containers may remain at the street for a maximum of 24 hours after curbside pickup.

Vehicles Other Than Automobiles

Boats, RV’s, truck used commercially and other non-passenger vehicles may not be parked on private lot for more than 48 hours nor on common property except in a designated storage area if one is provided.

Antennas

No antennas of any type may be erected to extend more than four feet above the highest point of the house.

Basketball Goals

Basketball goals will be provided on the common area so they will not be permitted on individual lots.

Clotheslines

No clothesline may be on the side of the house facing the commons.

Exterior Lights

No light attached to a house shall be higher than 10 feet from the ground and shall not shine directly onto neighboring property or vertically where the light can be seen at height greater than 15 feet. Light on porches, balconies, entryways, decks, patios are exempted from the 10-foot height restriction. Unattached light shall be similar in height and appearance to those on the road or common pathways.

Special Considerations

Due to the required placement of houses to provide solar access to all homes, some homes may be placed very near the street or access lane. In these cases, references in these guidelines placing restrictions or requirements on the street side of the house may have to be modified to fit individual cases. The ARB will work with the owners to make appropriate accommodations.

Effective Date of Guidelines

These guidelines shall take immediate effect upon approval by the members of the Triangle Housing Community, LLC. And shall be in force during the development of the site plan and the design of individual homes. When the THC turns over the common property to the Solterra Homeowners Association (SHA) a conditions of the transfer will be the acceptance of the Guidelines by the SHA.

Amendments

The guidelines may be amended from time to time by the THC or by the SHA after transfer of the common property by procedures specified in the operational documents of either organization.

Proposed Amendments to the Architectural Codes

Signs (Addition to General Appearance Guidelines)

No sign, of any type, temporary or permanent, including political, real estate, contractor, and yard sale signs may be erected unless specifically approved by the ARB or unless specifically permitted below. If a property is for sale, on e standard real estate sign may be erected on the property without prior approval. One open house sign may be displayed on the property and one at the entrance to Solterra from dawn until the end of the open house for the day of the open house only or from dawn Saturday until the end of the open house when the open house is on Sunday.Any application to the ARB for approval of a sign must include the proposed location design and time(s) of display. The ARB or its agent shall have the right, whenever any unapproved sign exists on a property to immediately enter the property and remove the sign at the expense of the property owner. Any unapproved sign or any approved sign display ed more than 24 hours part the end of the approved period will be deemed abandoned.

Trees (Exception to Landscaping Guidelines, Trees)

This provision is waived for each lot during the construction of the home.