HomeMy WebLinkAbout05 07 2019 Study Session
City of Chubbuck
Land Use and Development Commission
Special Study Session Agenda
May 7, 2019
6:00 PM
City Hall Council Chambers, 5160 Yellowstone Avenue, Chubbuck, ID 83202
CALL TO ORDER
GENERAL BUSINESS
1. Community Builder and City Staff will review conceptual submittal documents related to
a proposed “Creative Community- Harvest Springs Zoning District” to the Commission
and seek general feedback on the concepts and ideas being contemplated for a future
Master Development Plan application in accordance with City Code Chapter 18.21.
2. City Staff will seek guidance from the Commission on the upcoming downtown subarea
planning process.
ADJOURN
City Hall and the City Council Chambers are accessible for persons with disabilities. Any person needing special
accommodations to participate in the meeting should contact the City offices at 208.237.2430 at least 24 hours
prior to the meeting.
Office of Community Planning &
Economic Development
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
J:\Planning\LUDC\LAND USE SECRETARY\Meeting Packets\2019\005.07.19 Special Study Session\LUDC
Memo_04.29.2019_Harvest Springs CC Concepts.docx
1
Memo
To: Chubbuck Land Use & Development Commission
From: Devin Hillam, Director
Date: April 29, 2019
Re: Creative Community – Harvest Springs (CC-HS) Concept Submittal Documents for general
discussion at Tuesday, May 7, 2019 Special Study Session
Request
Review the attached concept documents and provide general feedback to the future developer at the study
session.
Overview
For several months, City Staff has been working closely with the future developers of the proposed
development called Harvest Springs, a development that is part of the “New Day District”, a coordinated
district of several large master planned developments in the City of Chubbuck. The future developers are
Kevin and Ann Loveland and Ryan Satterfield and Steven Frei. The site is approximately 267 acres. The
rezoning application to the new Creative Community zoning district likely will be the first on e reviewed by
the Commission and City Council and as such, the developers and City Staff thought it would be best to
review the concepts with the Commission prior to an application to ensure that the documents and designs
are generally aligned with the Commission’s expectations. For reference, the Creative Community zoning
district standards and processes are found in Chapter 18.21 of City Code:
http://www.sterlingcodifiers.com/codebook/index.php?book_id=632&chapter_id=106792 . Conceptual
documents related to the development are attached.
EngineersSurveyorsPlanners600 E. Oak St. Pocatello, ID 83201 (208) 234-0110 301 58th St. W. #138 Williston, ND 58801 (701) 572-0110TMDEVELOPER INFORMATIONNAMECONTACTADDRESS3141 TREVOR ST.POCATELLO, ID 83201PHONESHEET INFORMATIONDRAWN BYJOEL P. DIXONPROJECT #18090CHECKED BYJ. MITCHELL GREERFILE PATHR:\18\LOVELAND, KEVIN\CHUBBUCK SUBDIVISION - 18090\DES\BASE\HARVEST SPRINGS-4-23-19DATE CREATED07/01/18LAST REVISED04/15/19ZONING MAP FOR THE:HARVEST SPRINGS DEVELOPMENTLOCATED IN SECTION 35,TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHOZONING MAP FOR:HARVEST SPRINGS DEVELOPMENTLOCATED IN SECTION 35,TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHOI-15HILINE RD.HARVESTNORTHGATE PKWY.PRAIRIE ESTATESNORTHGATEINTERCHANGESPRINGSBLVD.SPRINGHILL DR.REFLECTION RIDGE DR.BUFFALO CK.
LAKERIDGE DR.AUTUMN BROOKLN.ROLLINGHILLSLOOP
PROJECTLOCATIONI-15VICINITY MAPYELLOWSTONE AVE.TYHEE RD.I-86HILINE RD.SIPHON RD.CHUBBUCK RD.LEGEND & NOTESBOUNDARY LINE- 267.0 AC +/-PROPOSED RIGHT OF WAY LINE00ARCH D SCALE (24"x36")ARCH B SCALE (12"x18")300150300150751501 INCH = 300 FEET1 INCH = 150 FEETNORTH
RESIDENTIAL ZONINGTOWN ZONINGVILLAGE ZONINGBUSINESS & RESEARCH PARK ZONINGHARVEST LAKE
EngineersSurveyorsPlanners600 E. Oak St. Pocatello, ID 83201 (208) 234-0110 301 58th St. W. #138 Williston, ND 58801 (701) 572-0110TMDEVELOPER INFORMATIONNAMECONTACTADDRESS3141 TREVOR ST.POCATELLO, ID 83201PHONESHEET INFORMATIONDRAWN BYJOEL P. DIXONPROJECT #18090CHECKED BYJ. MITCHELL GREERFILE PATHR:\18\LOVELAND, KEVIN\CHUBBUCK SUBDIVISION - 18090\DES\BASE\HARVEST SPRINGS-4-23-19DATE CREATED07/01/18LAST REVISED04/15/19OPEN SPACE/ TRANSPORTATION PLAN FOR THE:HARVEST SPRINGS DEVELOPMENTLOCATED IN SECTION 35,TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHOMASTER PLAN:HARVEST SPRINGS DEVELOPMENTLOCATED IN SECTION 35,TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHOI-15HILINE RD.HARVESTNORTHGATE PKWY.PRAIRIE ESTATESSTORMTHE SPRINGNORTHGATEINTERCHANGEHARVEST LAKECLUBHOUSEPOOLPLAYGROUNDEVENTLAWNSPRINGSBLVD.HARVESTGROVESTORM3.3 ac waterFARMHOUSEFLEXoutdoor spacerest/ snackslake rentalssales officeHOA officeevent spaceexerciseoutdoor yogapool supportSPRINGHILL DR.REFLECTION RIDGE DR.BUFFALO CK.
LAKERIDGE DR.AUTUMN BROOKLN.ROLLINGHILLSLOOPREFLECTION RIDGESPRINGHILL+/- 2.0 AC. POCKET PARKENTRYENTRYENTRY+/- 6.8 ACRESHARVEST SPRINGS JV(208) 221-8848RYAN SATTERFIELD+/- 3.2 ACRESCANAL +/- 5.5 ACRESCASCADE FALLS+/- 3.0 AC. POCKET PARK1915292562134244.7 AC91006.4 OS305542150343513146742734433PROJECTLOCATIONI-15VICINITY MAPYELLOWSTONE AVE.TYHEE RD.I-86HILINE RD.SIPHON RD.CHUBBUCK RD.LEGEND & NOTESBOUNDARY LINE- 267.0 AC +/-PROPOSED RIGHT OF WAY LINEPRINCIPAL ARTERIAL (100' ROW)- HARVESTSPRINGS BLVD.- 13.3 AC +/-MAJOR PARK/ TRAIL SYSTEM39.0 AC +/-POCKET PARKS +/- 10 ACPRIMARY RESIDENTIAL- 37' BACK TO BACKNEIGHBORHOOD RESIDENTIAL- 30'BACK TO BACK10' WALKING PATH- 5.25 MILES +/-00ARCH D SCALE (24"x36")ARCH B SCALE (12"x18")300150300150751501 INCH = 300 FEET1 INCH = 150 FEETNORTH 1.4 PP20 AC.0.8 PP1.0 PP8.8 AC.1.8 AC.20.0 AC.0.4 PP1.8 AC.5.0 OS0.2 PP20.0 AC.3.4 AC.4.0 AC.0.5 PP5.4 AC.0.6 PP4.5 AC.0.5 PP11.5 AC.10.3 AC.6.9 OS11.4 AC.1.3 AC.22.2 OS4.0 PP 51.8 AC. DEVELOPMENT AREACANAL +/- 1.0 ACRES7.1 ROWLAKE RIDGE3.2 OS0.0 PP3.7 ROWCANAL +/- 1.0 ACRESSPRINGHILL 7.2 OS2.0 PP5.6 ROWTHE SPRING6.9 OS1.8 PP14.8 AC. DEVELOPMENT AREA1.5 ROWCASCADE FALLS A2.3 OS1.6 PP24.2 AC. DEVELOPMENT AREA1.6 ROWCANAL +/- 5.5 ACRESCASCADE FALLS B0.29 OS1.6 PP20.5 AC. DEVELOPMENT PAD1.6 ROW10010.3 AC.0.3 PP4.9 AC.0.8 PP7.7 AC.1001.6 PP12.1 AC.100500.4 PP4.6 AC.0.4 PP4.9 AC.3.2 AC.0.3 PP4.4 AC.7.2 OS16.5 AC.1.9 AC.0.4 PP9.6 AC.753.2 OS20.3 AC.CASCADE FALLS ALAKERIDGEREFLECTION RIDGESPRINGHILLTHE SPRINGCASCADE FALLS B100 YEAR FLOOD BOUNDARY TO BE QUANTIFIED ANDADJUSTED WITH PROJECT100 YEAR FLOOD BOUNDARY TO BE QUANTIFIED ANDADJUSTED WITH PROJECT 25.0 AC. DEVELOPMENT AREA40 S.F. UNITSNET DENSITY= 1.8 UNITS/ AC150 M.F. UNITS/ 210 S.F. UNITSNET DENSITY= 14.0 UNITS/ AC100 M.F. UNITS/ 100 S.F. UNITSNET DENSITY= 9.85 UNITS/ AC200 M.F. UNITS250,000 S.F. COMMERCIAL150 M.F. UNITS200, 000 S.F. COMMERCIAL275 S.F./150 M.F. UNITS47.0 AC. DEVELOPMENT AREANET DENSITY= 11.1 UNITS/ AC0.5 PPPPROWPOCKET PARK (+/- 10.0 AC)OPEN SPACE (+/- 39.0 AC)ROAD (+/- 42.0 AC)OSSHEET SUMMARIESCOMMERICALRESIDENTIAL450,000 S.F. +/-750 UNITS625 UNITSM.F.RES.
PROJECTLOCATIONI-1500ARCH D SCALE (24"x36")ARCH B SCALE (12"x18")300150300150751501 INCH = 300 FEET1 INCH = 150 FEETEngineersSurveyorsPlanners600 E. Oak St. Pocatello, ID 83201 (208) 234-0110 301 58th St. W. #138 Williston, ND 58801 (701) 572-0110TMDEVELOPER INFORMATIONNAMECONTACTADDRESS3141 TREVOR ST.POCATELLO, ID 83201PHONESHEET INFORMATIONDRAWN BYJOEL P. DIXONPROJECT #18090CHECKED BYJ. MITCHELL GREERFILE PATHR:\18\LOVELAND, KEVIN\CHUBBUCK SUBDIVISION - 18090\DES\BASE\HARVEST SPRINGS-4-23-19DATE CREATED07/01/18LAST REVISED04/15/19VICINITY MAPOPEN SPACE/ TRANSPORTATION PLAN FOR THE:HARVEST SPRINGS DEVELOPMENTLOCATED IN SECTION 35,TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHOYELLOWSTONE AVE.TYHEE RD.OPEN SPACE/ TRANSPORTATION PLAN FOR THE:HARVEST SPRINGS DEVELOPMENTLOCATED IN SECTION 35,TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHONORTH
I-86HILINE RD.SIPHON RD.CHUBBUCK RD.I-15HILINE RD.HARVESTNORTHGATE PKWY.PRAIRIE ESTATESENTRYSTORMTHE SPRINGNORTHGATEINTERCHANGECLUBHOUSEPOOLPLAYGROUNDEVENTLAWNSPRINGSBLVD.HARVESTGROVESTORM3.3 ac waterFARMHOUSEFLEXoutdoor spacerest/ snackslake rentalssales officeHOA officeevent spaceexerciseoutdoor yogapool supportSPRINGHILL DR.REFLECTION RIDGE DR.BUFFALO CK.
LAKERIDGE DR.AUTUMN BROOKLN.ROLLINGHILLSLOOPREFLECTION RIDGESPRINGHILL4.0 AC. POCKET PARK+/- 2.0 AC. POCKET PARKENTRYENTRYENTRY+/- 1.0 AC. POCKET PARK+/- 6.8 ACRESHARVEST SPRINGS JV(208) 221-8848RYAN SATTERFIELD+/- 3.2 ACRESCANAL +/- 5.5 ACRESCASCADE FALLS+/- 3.2 AC. POCKET PARKLEGEND & NOTESBOUNDARY LINE- 267.0 AC +/-PROPOSED RIGHT OF WAY LINEPRINCIPAL ARTERIAL (100' ROW)- HARVESTSPRINGS BLVD.- 13.3 AC +/-MAJOR PARK/ TRAIL SYSTEM39.0 AC +/-POCKET PARKS +/- 10 ACPRIMARY RESIDENTIAL- 37' BACK TO BACK- 12.0 AC +/-NEIGHBORHOOD RESIDENTIAL- 30'BACK TO BACK- 17.0 AC +/-10' WALKING PATH- 5.25 MILES +/-PPROWPOCKET PARK (+/- 10.0 AC)OPEN SPACE (+/- 39.0 AC)ROAD (+/- 42.0 AC)OSHARVEST LAKESHEET SUMMARIES100 YEAR FLOOD BOUNDARY TO BE QUANTIFIED ANDADJUSTED WITH PROJECT100 YEAR FLOOD BOUNDARY TO BE QUANTIFIED ANDADJUSTED WITH PROJECT
FIRM PANEL 16005C0230D
FIRM PANEL 16005C0237DN 0°06'55" E 2650.69'N 89°48'40" W 1585.80'N 0°35'06" E 1029.73'N 9°31'31" E 808.83'L1L2L3S 89°46'49" E 1152.05'S 0°06'55" W 1323.73'S 89°48'18" E 2384.09'L4C1L5C2L6L7L8L9L10S 9°23'08" W 736.69'L11N 89°51'19" W 1556.95'N 0°06'55" E 2647.46N 89°48'40" W 2653.35N 89°48'40" W 2643.40
S 89°44'45" E 2648.98
N 89°51'19" W 2648.15
N 89°47'57" W 2658.28
4570
45804590
4600461046104620463046404650456045504540
4530
452045104
5
1
0
452
0
453
0
4540
4550
4560 457045804590
460045904580
4570
456045584562
45704560
45904600
4590
4580458045904600
461
04620
4570
4570 458045904600 463046204610460045704560455045404530452045104520453045404550 4560455045304580459046004610451045304540455045604570458045904600461045404530
PROJECTLOCATIONI-1
500ARCH D SCALE (24"x36")ARCH B SCALE (12"x18")300150300150751501 INCH = 300 FEET1 INCH = 150 FEETEngineersSurveyorsPlanners600 E. Oak St. Pocatello, ID 83201 (208) 234-0110 301 58th St. W. #138 Williston, ND 58801 (701) 572-0110TMDEVELOPER INFORMATIONNAMECONTACTADDRESS3141 TREVOR ST.POCATELLO, ID 83201PHONESHEET INFORMATIONDRAWN BYJOEL P. DIXONPROJECT #18090CHECKED BYJ. MITCHELL GREERFILE PATHR:\18\LOVELAND, KEVIN\CHUBBUCK SUBDIVISION - 18090\DES\BASE\HARVEST SPRINGS-4-23-19DATE CREATED07/01/18LAST REVISED04/15/19VICINITY MAPLEGEND & NOTESSITE SURVEY FOR THE:HARVEST SPRINGS DEVELOPMENTLOCATED IN SECTION 35,TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHOYELLOWSTONE AVE.TYHEE RD.BOUNDARY LINE- 263.5 AC +/-PROPOSED RIGHT OF WAY LINE100 YEAR FLOOD BOUNDARYSITE SURVEY FOR THE:HARVEST SPRINGS DEVELOPMENTLOCATED IN SECTION 35,TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHONORTH I-86HILINE RD.SIPHON RD.CHUBBUCK RD.HILINE RD.NORTHGATE PKWY.267 ACRESBARN ENTRYSTORMNORTHGATEINTERCHANGESTORMBUFFALO CK.HARVEST SPRINGS JV(208) 221-8848RYAN SATTERFIELDCANAL +/- 5.5 ACRESCURVE TABLE#C1C2RADIUS11659.16'11609.16'Δ0°20'19"9°30'09"ARCLENGTH68.88'1925.37'TANGENT34.44'964.90'CHORDBEARINGS 19°00'13" WS 13°05'08" WCHORDDISTANCE68.88'1923.16'LINE TABLE#L1L2L3L4L5L6L7L8L9L10L11BEARINGN 18°21'19" EN 26°17'16" EN 13°11'58" ES 19°06'42" WS 04°30'14" WS 21°40'02" WS 06°50'03" WS 11°58'04" ES 05°34'22" WS 19°36'28" WS 21°18'49" WDISTANCE318.85'314.45'241.08'121.71'208.59'209.14'203.49'162.34'103.40'103.17'243.43'WALTON ROAD PRAIRIE ESTATESINST. NO. 20721291
ANDREW DAVID STODDARD &
BROOKLYN JAYNE STODDARD
INST. NO. 21514658-9
THE JEFFERY D. DRISCOLLOR JULIE P. DRISCOLL
REVOCABLE TRUST
INST. NO. 21806673
TERRENCE J. MERZLOCK
& OLIVIA G. MERZLOCK
FAMILY TRUST
INST. NO. 20405858
TERRAVENTURE
DEVELOPMENT, LTD
INST. NO. 20827102
TERRAVENTURE
HOLDINGS, LTD
INST. NO. 20818555
ROBERT GALLOWAYINST. NO. 20202853KENT L. YOST & EMILEE M. YOSTINST. NO. 20018799ROBERT B. GALLOWAYINST. NO. 20202853 BRYAN TILLY &SHELLY TILLYINST. NO. 21508046TYHEE ESTATESFIRST ADDITIONINST. NO. 94002383
CITY OF CHUBBUCK
INST. NO. 21813722
SEE RECO`RD OF SURVEYFOR THE ADAMS COMPANYINST. NO. 20900258
1
36
2
35
2
35
353534 363536263525352635263427
INTERSTATE 15
PROJECTLOCATIONI-1
5EngineersSurveyorsPlanners600 E. Oak St. Pocatello, ID 83201 (208) 234-0110 301 58th St. W. #138 Williston, ND 58801 (701) 572-0110TMDEVELOPER INFORMATIONNAMECONTACTADDRESSPHONESHEET INFORMATIONDRAWN BYJOEL P. DIXONPROJECT #CHECKED BYJ. MITCHELL GREERFILE PATHR:\18\LOVELAND, KEVIN\CHUBBUCK SUBDIVISION - 18090\DES\BASE\HARVEST SPRINGS-4-23-19DATE CREATEDLAST REVISEDVICINITY MAPROADWAY TYPICAL SECTIONS FOR THE:HARVEST SPRINGS DEVELOPMENTLOCATED IN SECTION 35,TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHOYELLOWSTONE AVE.TYHEE RD.ROADWAY TYPICAL SECTIONS FOR THE:HARVEST SPRINGS DEVELOPMENTI-86HILINE RD.SIPHON RD.CHUBBUCK RD.ROAD C10.0' LANDSCAPING& RETENTION10.00' WALKING& BIKE PATH2.00' CURB & GUTTER2.00' CURB & GUTTER10.00' WALKING& BIKE PATH2.00' CURB & GUTTER2.00' CURB & GUTTER2.00' CURB & GUTTERHARVEST SPRINGS DRIVE (FULL BUILT-OUT) TYPICAL SECTIONHARVEST SPRINGS DRIVE (INITIAL) TYPICAL SECTIONSCALE = 5:1100' ROW30' PATH/ LANDSCAPEVARIES10' LANDSCAPINGRETENTION12' DRIVE LANE8.5' PARKING12' TURN LANE12' DRIVE LANE8.5' PARKING10' PLANTER/RETENTION5' SIDEWALKL 27.00'54'80.00'2.00' CURB & GUTTER100' ROW10' PLANTER/RETENTION5' SIDEWALK16.00'12' DRIVELANE12.00' DRIVELANE9' BOULEVARDSTRIP12' DRIVELANE12' DRIVELANE 9' PLANTER320.00'100.00'160.00'ROAD CL22.00'11.00'11.00'5.00'5.00'ALLEY TYPICAL SECTIONSCALE = 5:1SCALE = 5:1BUILDING
BUILDING
3141 TREVOR ST.POCATELLO, ID 832011809007/01/1804/15/19HARVEST SPRINGS JV(208) 221-8848RYAN SATTERFIELD
PROJECTLOCATIONI-1
5EngineersSurveyorsPlanners600 E. Oak St. Pocatello, ID 83201 (208) 234-0110 301 58th St. W. #138 Williston, ND 58801 (701) 572-0110TMDEVELOPER INFORMATIONNAMECONTACTADDRESS3141 TREVOR ST.POCATELLO, ID 83201PHONESHEET INFORMATIONDRAWN BYJOEL P. DIXONPROJECT #CHECKED BYJ. MITCHELL GREERFILE PATHR:\18\LOVELAND, KEVIN\CHUBBUCK SUBDIVISION - 18090\DES\BASE\HARVEST SPRINGS-4-23-19DATE CREATEDVICINITY MAPROADWAY TYPICAL SECTIONS FOR THE:HARVEST SPRINGS DEVELOPMENTLOCATED IN SECTION 35,TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHOYELLOWSTONE AVE.TYHEE RD.ROADWAY TYPICAL SECTIONS FOR THE:HARVEST SPRINGS DEVELOPMENTI-86HILINE RD.SIPHON RD.CHUBBUCK RD.PRIMARY RESIDENTIAL TYPICAL SECTIONSCALE = 5:1PLPLCLPLPLNEIGHBORHOOD RESIDENTIAL (PARKING ONE SIDE/ ONE WAY) TYPICAL SECTIONSCALE = 5:120'9.5'2.00'5.00'4.00'8'PARKINGLANE12' DRIVELANE12' DRIVELANE20.50'47.50'1809007/01/1804/15/19HARVEST SPRINGS JV(208) 221-8848RYAN SATTERFIELDNEIGHBORHOOD RESIDENTIAL TYPICAL SECTIONSCALE = 5:1PLPLCL2.00'5.00'4.00'60.00'15.5'9.5'8.0' DRIVELANE7'PARKING50.0' ROW25.00'CL8' DRIVELANE7'PARKING2.00'5.00'4.00'45'ROW7'PARKING9' DRIVELANE9' DRIVELANE26'
1
CHAPTER 18.09: CREATIVE COMMUNITY - HARVEST SPRINGS
ZONING DISTRICT (CC-HS)
18.09.010: APPLICABILITY; PURPOSE AND INTENT
A. This chapter reflects the approved Master Development Plan (“MDP”) for the Harvest
Springs Creative Community zoning district as defined by municipal code Section
18.08.010K and in accordance with municipal code chapter 18.21, and as described in
section 18.09.010B.
B. Boundary Legal Description:
A parcel of land located in Section 35, Township 5 South, Range 34 East, Boise Meridian,
Bannock County, Idaho described as follows:
Beginning at the South ¼ corner of Section 35, said point being monumented by a
3/4” diameter iron rod with top marked 35/2 per corner perpetuation recorded as Instrument
No. 20520350 in the official records of Bannock County; thence North 0°06’55” East,
(basis of bearing per the East zone of the Idaho State Plane Coordinate System) along the
East boundary line of a parcel of land belonging to Andrew David Stoddard & Brooklyn
Jayne Stoddard as described in warranty deeds recorded as Instrument Nos. 21514658 -9,
the same being the longitudinal centerline of Section 35, a distance of 2 650.69 feet to the
Northeast corner of said parcel of land, said point being the center 1/4 corner of Section
35, being monumented by a 5/8” by 30” rebar with aluminum cap per corner perpetuation
recorded as Instrument No. 20616613 in the official records of Bannock County; thence
North 89°48’40” West, along the North boundary lines of the Stoddard parcel, a parcel of
land belonging to Terrence J. Merzlock & Olivia G. Merzlock as described in warranty
deed recorded as Instrument No. 20405858, and the North boundary line of a parcel of land
belonging to the Jeffery D. Driscoll or Julie P. Driscoll revocable trust as described in
quitclaim deed recorded as Instrument No. 21806673 in the official records of Bannock
County, the same being the latitudinal centerline of Section 35, a distance of 1585.80 feet
to a point on the centerline of the Hiline canal; thence following along the said centerline
as shown on record of survey for the Adams Company recorded as Instrument No.
20900258 in the official records of Bannock County over the following five (5) courses: 1.
North 0°35’06” East a distance of 1029.73 feet; 2. North 9°31’31” East a distance of 808.83
feet; 3. North 18°21’19” East a distance of 318.85 feet; 4. North 26°17’16” East a distance
of 314.45 feet; 5. North 13°11’58” East a distance of 241.08 to a point on the North line of
said Section 35; thence South 89°46’49” East, along the North line of Section 35, a distance
of 1152.05 feet to the North 1/4 corner of Section 35, said point being a point on the West
boundary line of Prairie Estates Subdivision, a subdivision recorded as Instrument No.
20721291 in the official records of Bannock County; thence following along the West and
South boundary lines of Prairie Estates Subdivision over the following two (2) courses: 1.
South 0°06’55” West a distance of 1323.73 feet; 2. South 89°48’18” East a distance of
2384.09 feet more or less to the West right-of-way line of Interstate 15; thence following
along the West right-of-way line of Interstate 15 per Federal Aid Project Nos. I-15-2(3)71
& i-15-2(1)72 over the following eight (8) courses: 1. South 19°06’42” West a distance of
2
121.71 feet to a point of nontangency with a 11659.16 foot radius curve, the center of which
center bears South 70°49’38” East; 2. following along said curve to the left through a
central angle of 0°20’19” for an arc length of 68.88 feet (the chord of said curve bears
South 19°00’13” West a distance of 68.88 feet) to a point of nontangency; 3. South
4°30’14” West a distance of 208.59 feet to a point of non-tangency with a 11609.16 foot
radius curve, the center of which bears South 72°09’48” East; 4. following along said curve
to the left through a central angle of 9°30’09” for an arc length of 1925.37 feet (the chord
of said curve bears South 13°05’08” West a distance of 1923.16 feet) to a point of
nontangency; 5. South 21°40’02” West a distance of 209.14 feet; 6. South 6°50’03” West
a distance of 203.49 feet; 7. South 11°58’04” East a distance of 162.34 feet; 8. South
5°34’22” West a distance of 103.75 feet to a point on the Westerly boundary line of a parcel
of land belonging to the City of Chubbuck as described in warranty deed recorded as
Instrument No. 21813722 in the official records of Bannock County; thence following
along the Westerly boundary lines of said parcel of land over the following three (3)
courses: 1. South 19°36’39” West a distance of 102.90 feet, more or less; 2. South 9°23’19”
West a distance of 736.69 feet; 3. South 21°19’00” West a distance of 243.43 feet to a point
on the South line of said Section 35; thence North 89°51’08” West, along the South line of
Section 35, a distance of 1556.95 feet to the point of beginning. Containing 267.07 acres,
more or less.
C. Intent and Purpose: To further the specific intent of the Creative Community district as set
forth in municipal code 18.21.010. Specifically, the Harvest Springs development goals are
as follows:
1. A Place, a Vision, and an Opportunity: A goal of the Community Builder and the City
is that Harvest Springs captures the spirit of community by incorporating modern new
layout and design techniques. Through comprehensive site planning, building form and
detailing, and landscaping, Harvest Springs draws from the architectural elements of
old world design and reinterprets them in a sophisticated modern way utilizing sound
design principles. This design direction executed in a vibrant, mixed-use environment
establishes Harvest Springs as a truly memorable community. Lending to this vibrancy
are the public spaces in the Harvest Springs community plan and their ability to
accommodate a wide range of activities. These may include but are not limited to events
and activities such as water events at the Harvest Springs Lake, dog park, “tot” area
with splash pad, interactive street art, and a community garden. Christmas tree
lightings and other seasonal or holiday events, smaller live “park” setting
performances, poetry readings, and retail or restaurant events such as “A Taste of
Harvest Springs” in the Town Center area; and Retail and dining activities are
encouraged to flow out onto the sidewalks in the Town Center on a daily basis. Live
entertainment is allowed and encouraged in restaurants. The combination of the
character of the architecture and public spaces in Harvest Springs, along with the
activities and events that bring people to those spaces, creates the strong sense of place
that will enrich the lives of all residents of Chubbuck.
2. Fulfill the City’s Creative Community Public Benefit Objectives: A goal of the
Developer (“Community Builder”) and the City is that construction of The Harvest
3
Springs MDP, consistent with the MDP Approval and this Chapter, will fulfill the
public benefit objectives outlined in chapter 18.21.
3. Create Employment Opportunities: A goal of the Community Builder and City is to
provide Commercial, Retail, Office, and Light Industrial opportunities that are well -
integrated into the Harvest Springs zoning district, that promote the creation of jobs
and commerce, that are flexible to market conditions and that provide the opportunity
for the newly created households and residents to have a place to work and shop. The
Community Builder will also provide mixed-use opportunities to create meaningful
village centers that support local business activity and employment opportunities.
4. Create a Mix of Land Uses: A goal of the Community Builder and City is to develop a
mix of uses within the Harvest Springs zoning district that complements the range of
existing and planned uses within the City; respects the character of adjacent
neighborhoods; and utilizes existing availability and planned capacity of urban
services, access opportunities, and infrastructure systems located in proximity to the
district.
5. Protect the Environment: A goal of the Community Builder and City is to create a
creative community that seeks to protect the naturally constrained areas of the zoning
district and surrounding area, including stream beds, hillsides, and surface and
groundwater resources, through master planning concepts and, to the extent feasible,
through Low Impact Development technologies.
6. Create a Fiscally-Sound, Economically-Viable Community: A goal of the Community
Builder and City is to create an economically-viable Creative Community that provides
Office, Retail, Light Industrial, and other Commercial uses; preserves open spaces and
integrates open space corridors; provides recreational opportunities, necessary public
facilities, and a wide range of residential opportunities. The Community Builder and
City seek to ensure that these elements of the Harvest Springs zoning district are
fiscally sound and sufficient so they can aid in minimizing necessary up -front
infrastructure cost and upgrades as well as generate an adequate financial return to
justify the risk and cost of local and regional improvements to transportation, water,
sewer, and stormwater facilities. Opportunities to create positive fiscal performance
that are mutually beneficial to the City and Community Builder are to be pursued
7. Provide a Range of House Types and Lifestyles Opportunities: A goal of the
Community Builder and City is to provide within the Harvest Springs zoning district a
range of residential and lifestyle opportunities at urban densities within the City that
adequately responds to dynamic market factors over time, is accessible to all economic
segments of the population, and contributes to the City targets for accommodating
growth under the comprehensive plan.
8. Built-In Flexibility: A goal of the Community Builder and City is to create a
community with the flexibility to quickly respond and adapt to new and/or innovative
technology, construction methods and materials, land uses, housing types and
businesses. Recognizing that the future may include advances in these areas that do not
4
currently exist and that may prove to be fiscally or environmentally beneficial to the
Community Builder and City, the City shall allow flexibility in the use of new and/or
innovative technologies, construction methods and materials, land uses, housing types
and businesses that meet or exceed the design standards and guidelines throughout the
Harvest Springs MDP.
9. Sustainability: A goal of the Community Builder is to integrate Low Impact
Development techniques within the Harvest Springs zoning district in order to create a
community that is more livable, walkable, and sustainable for current and future
residents. Potential techniques include, but are not limited to, Low Impact
Development, recycling, and water conservation.
10. Make Development Decisions Predictable, Fair and Cost- Effective: A goal of the
City is to provide certainty, predictability and a stream-lined process for the review
and approval of Phases and Neighborhoods that are consistent with and implement
this district.
18.09.020: DEFINITIONS: [NOTE- THESE WILL BE FLESHED OUT WHEN ZONE
FURTHER DEVELOPED]
Assembly, Place of: The use of land for a meeting place where persons gather together for
purposes of attending civic, social, religious functions, recreational events or entertainment
performances on a regular or recurring basis including, but not limited to, religious institutions,
banquet facilities, funeral homes, theaters, conference centers, stadiums, or indoor or outdoor
recreational facilities, but excludes a "cultural facility" as defined by this chapter. A gathering of
less than twenty five (25) persons shall not be considered a place of assembly provided the
gathering is accessory and incidental to the principal use.
Community Builder:
Lot, Irregular: Irregular Lots are defined as lots that are non-rectangular, lots with three sides, or
more than four sides and require special measurement techniques in order to achieve the purpose
of the specific setbacks
18.09.030: MAXIMUM AND MINIMUM BUILD-OUT DENSITY AND OCCUPIED
FLOOR AREA; OPEN SPACE REQUIREMENTS
A. The Harvest Springs zoning district will provide a mixture of uses include: residential,
commercial, office, light industrial, retail, educational, civic, and recreational uses such as
trails, parks, and open space.
B. Maximum and Minimum Number of Residential Units; A maximum of 1,375 residential
units are permitted within the zoning district including 625 single-family units (single-
family dwelling, single-family attached including townhomes or duplexes, triplex, or
quadplex) and 750 multi-family units (structures containing greater than five residential
units). To meet the overall net residential density requirement of section 18.21.020C and
5
the minimum established through the MDP approval process, in no instance shall the
district be built out to contain fewer than 900 residential units. Accessory dwelling units
shall not count toward the density calculations of this section. To ensure that the
Community Builder will fulfill the residential density requirements of this district, the
Public Works Director shall establish a mechanism by which to track platted lots and to
track current densities and may require that future developments contain greater densities
than proposed by the Community Builder. Accessory dwelling units do not count toward
the maximum number of dwelling units.
C. Maximum Square Feet of Occupied Floor Area for Non-Residential Uses: No more than
450,000 square feet of occupied floor area shall be permitted within the district for non-
residential uses.
D. Open Space Minimum Area Requirement: At least 49 acres of open space are required
within the district. Development of the open space areas shall be at least proportional to
the development area (e.g., if a plat contains 15% of the land area in the district, there shall
be built or existing, at least 15% of the proposed open space in the district). For purposes
of this zoning district, open space amenities as approved through the MDP are found in
Exhibit ___.
18.09.050: SCHEDULE OF GENERAL CONTROLS; LAND USE CHART
A. General controls for the zoning district are set forth in the schedule below. Specific uses
are permitted where indicated in the schedules by the letter "P". Where the letter "C"
appears, it denotes a use allowed in the district in question only upon issuance of a
conditional use permit as herein provided. An "X" indicates that the use is neither allowed
nor conditionally permitted. An “R” indicates a restriction on that use. Because no list can
be all encompassing, decisions on uses will be rendered by the Public Works Director with
appeal to the Land Use and Development Commission as a business item available to the
applicant. In making a determination of use, the Public Works Director shall consider
similar uses listed in the chart below, the character of the surrounding neighborhood, and
characteristics of the proposed use.
B. All non-residential uses and residential uses with structures containing more than 5
dwellings shall be subject to the City’s Design Review Committee review and approval.
C. Land Use Designation Areas Defined: Within the Harvest Springs zoning district are four
(4) land use designation areas with specific uses permitted, conditionally permitted, or
prohibited by this section. Whereas land uses may differ between the district and the private
covenants, all applications for new or modified uses within the zoning district must be
submitted with a recommendation from the reviewing body of home owners association.
These land use designation areas are adopted as Exhibit ___ of this chapter and prior to
design book and platting, are to be interpreted as not being hard, definite boundaries but
are rather, flexible to accommodate needs related to topography and grade, lot layout and
plat design, or other elements that may be identified during the platting process. Land Use
Designation Areas are as follows:
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1. Residential (R): This land use area is designed for comparatively low to medium
density development that emphasizes residential (single and multi-family) use, but
also may include appropriately scaled office, commercial, public/semipublic and
recreation/open space uses. Home occupations may be allowed as defined.
2. Village (V): This land use area is designed for medium to high density mixed use
development that includes residential (single- and multifamily), office,
commercial, public/semipublic, recreation/open space uses, and certain compatible
light industrial uses without a predetermined emphasis on any single use.
3. Town (T): This land use area is designed for office, commercial and recreational
uses, but also includes residential (single- and multi-family), public/semipublic,
open space, and certain compatible light industrial uses.
4. Business and Research Park (BRP): This land use area is designed to accommodate
(but not require) a mixture of all uses: residential (single- and multi-family), office,
commercial, light industrial, recreational and public/semipublic uses. The principal
land use in this category should be office, commercial and light industrial.
D. Land Use Charts:
1. Residential (R) Land use Designation Area
Use Permission Restriction
Residential
Single-family (detached) P
Single-family (attached) P
Duplex, Triplex, Quadplex R Permitted only when designed to
have an outward appearance of a
single-family dwelling unless a
design deviation is granted as part of
the design book approval process.
Multi-family (5+ units) R Permitted only when designed to
have an outward appearance of a
single-family dwelling unless a
design deviation is granted as part of
the design book approval process;
City may limit number of units in a
building in order to satisfy the intent
of the district.
Accessory dwelling units P
Home Occupation, minor R Permitted unless objections by any
person as set forth in
section 18.12.032 of this title, in
which case the matter is treated as a
conditional use permit.
Home Occupation, major R Permitted unless objections by any
person as set forth in
7
section 18.12.032 of this title, in
which case the matter is treated as a
conditional use permit.
Model homes/Sales office P
Mixed use building (such
as commercial ground floor
& residential above)
X
Commercial
Auto sales X
Gas stations X
Sexually-based businesses X
Storage facilities X
Off-street parking facilities R Off-street parking is limited to
surface or sub-surface parking lots.
Parking lots must be set back 10 feet
from sidewalks and be lined with
buildings or a vegetative buffer.
Parking lots between buildings and
functionally classified collector and
arterial streets are prohibited unless
justified through the applicable
review process.
General Office R See all other commercial uses
Personal and Professional
Services
R See all other commercial uses
All other commercial uses R Tenant spaces are limited to 5,000 sf
max.
Lodging
Hotel/Motel X
Short-term Rental P
Industrial
Heavy Industrial X
Light Industrial X
Civic/Institutional
Assembly, Place of C; R Limited to size not to exceed 30,000
sf
School (public or private) C
Agriculture
Agriculture (except
livestock)
P
Livestock R As described and regulated in
municipal code 9.20.070-120, except
that section 9.20.110 is amended in
this zoning district to permit
chickens within the rear yard of any
single-family unit as described in
this Chapter, regardless of land use
designation area; and that all
livestock must be accessory to a
primary residential use only.
8
2. Village (V) Land use Designation Area
Use Permission Restriction
Residential
Single-family (detached) P
Single-family (attached) P
Duplex, Triplex, Quadplex R Permitted only when designed to
have an outward appearance of a
single-family dwelling unless a
design deviation is granted as part of
the design book approval process.
Multi-family (5+ units) R Permitted only when designed to
have an outward appearance of a
single-family dwelling unless a
design deviation is granted as part of
the design book approval process;
City may limit number of units in a
building in order to satisfy the intent
of the district.
Accessory dwelling units P
Home Occupation, minor R Permitted unless objections by any
person as set forth in
section 18.12.032 of this title, in
which case the matter is treated as a
conditional use permit.
Home Occupation, major R Permitted unless objections by any
person as set forth in
section 18.12.032 of this title, in
which case the matter is treated as a
conditional use permit.
Model homes/Sales office P
Mixed use building (such
as commercial ground floor
& residential above)
X
Commercial
Auto sales X
Gas stations X
Sexually-based businesses X
Storage facilities R Permitted only when form and design
are consistent with the district and/or
neighborhood’s architectural theme
and as recommended by the
community’s architectural review
committee.
Off-street parking facilities R Off-street parking is limited to
surface parking lots. Surface parking
lots must be set back 10 feet from
sidewalks and be lined with buildings
9
or vegetative buffer. Parking lots
between buildings and functionally
classified collector and arterial streets
are prohibited unless justified through
the applicable review process.
General Office R See all other commercial uses
Personal and Professional
Services
R See all other commercial uses
All other commercial uses R Supermarket and grocery stores are
limited to 15,000 sf max. Personal
services provided primarily to
neighborhood residents are limited to
10,000 square feet per tenant.
Lodging
Hotel/Motel X
Short-term Rental P
Industrial
Heavy Industrial X
Light Industrial X
Civic/Institutional
Assembly, Place of C; R Limited to size not to exceed 30,000
sf
School (public or private) C
Agriculture
Agriculture (except
livestock)
P
Livestock R As described and regulated in
municipal code 9.20.070-120, except
that section 9.20.110 is amended in
this zoning district to permit chickens
within the rear yard of any single-
family unit as described in this
Chapter, regardless of land use
designation area; and that all
livestock must be accessory to a
primary residential use only.
3. Town (T) Land use Designation Area
Use Permission Restriction
Residential
Single-family (detached) P
Single-family (attached) P
Duplex, Triplex, Quadplex R Permitted only when designed to
have an outward appearance of a
single-family dwelling unless a
design deviation is granted as part of
the design book approval process.
10
Multi-family (5+ units) R Permitted only when designed to
have an outward appearance of a
single-family dwelling unless a
design deviation is granted as part of
the design book approval process;
City may limit number of units in a
building in order to satisfy the intent
of the district.
Accessory dwelling units P
Home Occupation, minor R Permitted unless objections by any
person as set forth in
section 18.12.032 of this title, in
which case the matter is treated as a
conditional use permit.
Home Occupation, major R Permitted unless objections by any
person as set forth in
section 18.12.032 of this title, in
which case the matter is treated as a
conditional use permit.
Model homes/Sales office P
Mixed use building (such
as commercial ground floor
& residential above)
P
Commercial
Auto sales X
Gas stations X
Sexually-based businesses X
Storage facilities R Permitted only when form and design
are consistent with the district and/or
neighborhood’s architectural theme.
Off-street parking facilities R Surface parking lots must be set back
10 feet from sidewalks and be lined
with buildings or vegetative buffer.
Parking lots between buildings and
functionally classified collector and
arterial streets are prohibited unless
justified through the applicable
review process.
General Office P
Personal and Professional
Services
P
All other commercial uses R The following restrictions apply:
1. Building footprint must not be
larger than 35,000 sq. ft. Larger
buildings may be permitted by
CUP.
2. Drive-thrus and access lanes
between buildings and
sidewalks are not permitted.
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3. Storage of non-retail materials
and making, assembling,
remodeling, repairing, altering,
finishing, or refinishing of its
products or merchandise is
permitted provided: a. These
activities are completely
enclosed within the premises
occupied by the establishment.
b. These activities are clearly
accessory to sales and display
activities.
Lodging
Hotel/Motel P
Short-term Rental P
Industrial
Heavy Industrial X
Light Industrial C
Civic/Institutional
Assembly, Place of C
School (public or private) C
Government facility
(excluding critical
infrastructure)
C
Media P
Agriculture
Agriculture (except
livestock)
P
Livestock R As described and regulated in
municipal code 9.20.070-120, except
that section 9.20.110 is amended in
this zoning district to permit chickens
within the rear yard of any single-
family unit as described in this
Chapter, regardless of land use
designation area; and that all
livestock must be accessory to a
primary residential use only.
4. Business and Research Park (BRP) Land use Designation Area
Use Permission Restriction
Residential
Single-family (detached) X
Single-family (attached) X
Duplex, Triplex, Quadplex X Permitted only when
designed to have an
outward appearance of a
12
single-family dwelling
unless a design deviation
is granted as part of the
design book approval
process.
Multi-family (5+ units) R Permitted only when
designed to have an
outward appearance of a
single-family dwelling
unless a design deviation
is granted as part of the
design book approval
process; City may limit
number of units in a
building in order to
satisfy the intent of the
district.
Accessory dwelling units P
Home Occupation, minor R Permitted unless
objections by any person
as set forth in
section 18.12.032 of this
title, in which case the
matter is treated as a
conditional use permit.
Home Occupation, major R Permitted unless
objections by any person
as set forth in
section 18.12.032 of this
title, in which case the
matter is treated as a
conditional use permit.
Model homes/Sales office P
Mixed use building (such
as commercial ground floor
& residential above)
P
Commercial
Auto sales P
Gas stations P
Sexually-based businesses X
Storage facilities R Permitted only when
form and design are
consistent with the
district and/or
neighborhood’s
architectural theme.
Off-street parking facilities R Parking lots between
buildings and
functionally classified
collector and arterial
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streets are prohibited
unless justified through
the applicable review
process.
General Office P
Personal and Professional
Services
P
All other commercial uses P
Lodging
Hotel/Motel P
Short-term Rental P
Industrial
Heavy Industrial X
Light Industrial P
Civic/Institutional
Assembly, Place of C
School (public or private) C
Government facility
(excluding critical
infrastructure)
C
Media P
Agriculture
Agriculture (except
livestock)
P
Livestock X
18.09.060: SCHEDULE OF GENERAL CONTROLS; BULK, LANDSCAPE, AND
DESIGN STANDARDS
A. Lot Size and Width: Lot sizes within the district are dictated by product type, setbacks,
and other specific lot standards described in chapter. An implementing Project must meet
the density requirements set forth in section ____ of this chapter, and lots must be of
sufficient size to meet dimensional standards of this section for their intended use.
B. Setbacks:
1. Chart:
Required Setbacks 4, 5, 7
Land Use Front
Yard 1
(Min. –
Max)
Side
Yard
Side
Yard
@
Corner
Lot
Rear
Yard
Garage
(Street
Loaded) 2
Garage
(Alley
Loaded) 3
Residential 10’-25’ 6’ 10’ 5’ 15’ 5’
Village 10’-25’ 6’ 10’ 5’ 15’ 5’
Town 6 10’-25’ 6’ 10’ 5’ 15’ 5’
14
Business
and
Research
Park 6
10’-25’ 6’ 10’ 5’ 15’ 5’
Notes:
1. Front Yard is the area of the structure that faces either on a public street or
green court. Front yard is measured from the back of sidewalk; distance is
measured from the closest edge of building materials (e.g., if dwelling has
front porch, the front porch shall be used to determine distance; if dwelling
does not have front porch, the closest edge of the structure facing the front
shall be used). Front yard maximum setback may be increased where
necessary due to topography.
2. Setbacks for street-loaded garages are measured from the front of the dwelling
as defined in Note 1.
3. Setbacks for alley-loaded garages are measured from the edge of the alley
right-of-way (private or public).
4. Note that Side Yard Setback does not apply to common wall on townhome,
duplex, other similar attached dwellings or alternative lot configurations as
provided in Subsection 5.1.7
5. Use easements may be utilized for provision of private yards.
6. Nonresidential uses and/or structures have no minimum side or rear yard
setback requirements
7. Allowed Encroachments:
a. Uncovered decks, patios, walkways, and other minor structural elements
less than 30 inches in height; and fences seven (7) feet in height or less;
are exempt from setback requirements.
b. Retaining walls, rockeries and heat pumps and other similar
mechanical/landscape features are allowed within setbacks.
c. Balconies above the first floor may intrude into Setbacks up to 2 feet
subject to applicable construction codes.
d. Chimneys and fireplaces, accent walls or pilasters, bay windows, eaves
and other similar minor structural or architectural elements may encroach
up to 2 feet into Setbacks subject to applicable construction codes.
2. Setbacks are measured from the outside wall of the foundation of a structure to
the property lines in a perpendicular fashion unless otherwise stated herein.
3. Irregular Lots: Setbacks for irregular lots as defined shall be as follows:
a. Front: Front setbacks shall be measured from the property line that abuts
the street from which the lot is addressed or takes primary access. For an
alley loaded lot, the Setback is measured from the lot line closest from the
alley.
b. Rear: In the case of an irregularly shaped lot, a ten-foot line which is within
the lot and parallel to and most distant from the front lot line shall be
considered the rear lot line.
c. Side: All lot lines, which are not front or rear lot lines, shall be considered
side lot lines.
15
d. Pie-Shaped Lots: Setbacks on pie-shaped lots shall be measured at the
closest point between the proposed building and the angled lot line,
perpendicular to that lot line.
e. Cul-De-Sac Lots: Setbacks shall be taken from the nearest proposed
foundation corner, and measured perpendicular to the property lines.
f. Flag Lots: A flag lot is a lot so shaped that the building area (the “flag”) is
not adjacent to the street or alley on which the lot fronts, and which
includes an access strip (the “pole”) connecting the building area to the
street or alley. Setbacks shall be applied at the enlarged area of the lot
(“flag”), and front (or false front) setbacks shall be a minimum of ten feet
(10’) and side yard setbacks shall be a minimum of six feet (6’); whereas
rear setbacks shall be a minimum of five feet.
C. Alternative Lot Configurations: In order to promote creative and unique site designs,
alternative lot configurations are allowed within the Harvest Springs MDP. Alternative
lot configurations include, but are not limited to:
16
1. Zero lot line developments:
2. “Z” lot configurations:
3. Common access easements configurations:
4. Courtyard:
D. Deviations from Dimensional Standards: The following deviations from dimensional
standards may be allowed by the City:
1. Front and side yard setbacks set by this chapter for residential structures may be
administratively reduced up to a maximum of 10% provided that the deviation does
not result in a garage with a Front Yard Setback of less than 20 feet from the
property line.
E. Building Height:
Land Use Maximum Height (in stories) 1, 2
Residential 2
Village 3
Town 4
Business and Research Park 4
1. Stories are the number of stories above grade at the front of the structure street
level. This does not restrict walkout basements for non-street fronting structure
areas.
2. The City Council may approve greater building heights than shown in the table
above if it identifies site or design characteristics that are unique to the
development such as size, scale, topography, or development amenities (e.g.,
rooftop gardens), that justify allowing greater building heights. Approved
structures with additional height may be required to employ suitable "step back"
architecture and other architectural features that create a development that is built
at the human scale, and is pedestrian friendly and architecturally diverse.
18.09.070: GENERAL CONTROLS
A. Building Areas To Be Unencumbered: Buildable areas must be unencumbered by setbacks,
public easements, and other physical constraints (such as topography or similar features).
B. Clustering: Buildings shall be clustered to preserve scenic or environmentally sensitive
areas in the natural state, or to consolidate small open spaces into larger, more usable areas
for common use and enjoyment. Clustered areas shall be carefully designed to abut upon
common open space or recreational amenities. Commercial developments shall be planned
17
as groups having common parking areas and common ingress and egress points in order to
reduce the number of vehicle and bike/pedestrian conflict point locations.
C. Like Uses To Face Like Uses: Where possible, "like land uses" shall face "like land uses" or
open space, i.e., retail across the street from retail, townhomes from townhomes, etc.
D. Fencing along Sidewalks and Streets Discouraged; Standards for When Used: To facilitate a
visually open public realm, unless otherwise required by this chapter, fencing along
sidewalks or streets, excluding alley ways, is strongly discouraged. Where such fencing is
used however, fencing plans which include heights, materials, and designs, shall be
reviewed as part of the design book review process and the City may impose necessary
conditions of approval in order to satisfy the intent and purpose of this chapter and section.
E. Buffering of Nonresidential Uses from Residential Uses: Where separation is desirable
between uses, landscaped buffers are preferred over fences and walls in order to create a
more visually open look. When fences are used between uses or properties within the
development, fencing shall be compatible in color, texture, and design in relationship to
building materials. Buffering may be required by the Land Use and Development
Commission, the City Council, or Design Review Committee between uses deemed
incompatible.
F. Utilities: Underground utilities, including telephone, fiber, and electrical systems, are
required. Appurtenances to these systems which can be effectively screened may be
exempted from this requirement if the City finds that such exemption will not violate the
intent or character of the proposed development. However, the developer shall make efforts
to group appurtenances together so as to minimize their distribution.
G. Storage Of Recreational Vehicles, Watercraft, Trailers, Campers, Motorhomes, And Other
Utility Vehicles To Be Screened: Watercraft, trailers, campers, motor homes and other
utility or recreational vehicles shall be stored within completely enclosed, lawfully
constructed buildings or within fenced enclosures at least six feet (6') behind the front line
and the street side line of the main building on the lot or parcel in a CC Zone, except that
said vehicles may be parked temporarily in front or side yards for no longer than twenty
four (24) hours.
H. Architectural Control Committee Required: The Harvest Springs development shall provide
for, and maintain, an Architectural Control Committee to ensure that the treatment of
building mass, materials, and exterior appurtenances create aesthetically pleasing structures
and a site that is in character with, and in proportion to, other surrounding buildings, while
still providing diversity in design and neighborhood identity. The committee shall review
and approve all themes and colors prior to design review committee and building permit
application submittals to the City and to significant exterior modifications to ensure
compliance with the approved Master Development Plan and Design Book.
I. Product Mix: A variety of different residential architectural styles have been approved
through the master development plan process. Neighborhoods that have nearly identical
homes and streets without variation in product placement and form are not allowed. In order
to ensure that the neighborhood is non-repetitive, homes with the same color scheme shall
not be built on adjacent lots on the same street or on lots directly or diagonally across the
street from one another.
J. Corner Lots: Special attention should be paid to corner lots. At least one home plan per
neighborhood shall be designed specifically for corner home sites. This home plan is
required to include wrap-around architecture to provide visual interest on both the front and
18
corner side yard of the home, and the ability to turn the garage for side entry. An example
would be continuing a full-wrap of material accent onto the side facade, adding a
wraparound porch, or facing the home on a diagonal towards the intersection. Corner lot
development shall conform to product mix requirements of the previous section.
K. Entry Sidewalks and Front Porch: Single-family residences shall have building entry
sidewalks that connect directly to a street sidewalk or pathway.
L. Ground Level Aesthetics: Buildings shall be designed to relate to grade conditions with a
minimum of grading and exposed foundation walls, creating easy pedestrian access from
sidewalks, parking areas, etc. Commercial or mixed use buildings shall be designed with
contrasting ground floor architectural articulation in order to enhance street activity and
walkability. Windows, display windows, doors, and arcades must make up at least fifty
percent (50%) of street facing facades on the first story of commercial developments.
Window shapes and sizes shall be so designed to be compatible from building to building.
Tinted windows or windows with reflective film or glass are discouraged at street level.
M. Access: All lots developed for residential purposes shall have frontage along a public
roadway, or be rear-loaded with alley access, or front upon a "green court". All retail, civic,
and office buildings shall front onto streets.
18.09.070: PARKING STANDARDS
The standards for parking facilities are intended to promote vehicular and pedestrian safety and
efficient land use. Parking lot landscaping standards are provided in section_________ of this
Chapter.
A. Minimum Parking Requirements:
1. Residential uses or structures shall provide off-street parking spaces pursuant to the
chart below; Guest parking for residential uses and non-resident parking for mixed-use,
live work uses and home occupations is included within those required spaces.
Additional guest parking may be provided on-street. For mixed use projects, the
residential use portion of the structure shall satisfy the requirements of the chart below:
Required Spaces
Per Unit Use/Structure
Dwelling Unit, detached or attached less than
or equal to three dwellings 2
Dwelling Unit, attached more than three
dwellings 1.75
Multi-family studio units 1
19
Group Quarters
Calculated in same manner as
non-residential uses
2. Non-residential uses: Off-street parking shall be provided to meet the demand of the
proposed land use. The applicant shall calculate this demand based on accepted
standards, such as published in the Institute of Transportation Engineer's Parking
Generation Reports. Mixed-use projects shall provide parking according to a shared
parking analysis that projects parking needs based on the peak hour of parking demand.
For example, a building with first-floor retail and office space and upper-floor
residential will be able to adjust total parking demand to address the fact that peak
residential parking demand will occur in the evening, while peak office parking demand
will occur during the day. This analysis shall be based on accepted methodologies, such
as the Urban Land Institute Shared Parking Study.
B. Parking Dimensions: Parking dimensions shall meet or exceed the following standards:
1. Spaces:
a. Standard space: 9 ft x 19 ft, with a 2 ft overhang permitted into non-pedestrian
areas.
b. Compact space: 8.5 ft x 16 ft, with a 2 ft overhang permitted into non-pedestrian
areas; up to 65% of total spaces may be compact.
c. Motorcycle space: 4.5 ft x 12 ft.
d. Parallel parking space: 24 ft x 7 ft.
2. Location of Parking: For single-family detached dwelling on a fee simple lot, the
parking must be provided on the lot it serves. For all other uses, the parking shall be
provided within five hundred feet (500’) of the use.
3. Drive aisle widths for parking lots with perpendicular parking is twenty-four feet (24)
minimum, and for angled parking is twenty feet (20’) minimum for two-way traffic.
C. Motorcycle and Bicycle Parking: Motorcycle and bicycle parking shall meet the
following standards:
1. All multi-family developments and non-residential uses may provide one motorcycle
space for every twenty-five (25) required automobile parking spaces in lieu of a
required automobile space.
2. All uses with 25 or more required parking spaces shall provide a designated bicycle
parking area to accommodate a minimum of five (5) bicycles. Such bicycle parking
shall provide a secure facility to which to lock bicycles and shall be located so as to
be reasonably convenient to the on-site use and not interfere with pedestrian or
automobile traffic. The City may require additional bicycle parking for facilities with
high expected bicycle traffic, such as schools.
18.09.080: SIGNAGE STANDARDS
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A. Sign Standards Applicability: All Phases and Neighborhoods within The Harvest Springs
MDP shall be subject to the definitions, standards, requirements and processes found
within CMC Chapter 15.24 and the standards found within the Design Guidelines with the
following standards:
1. Shopping center identification signs shall be designed with similar materials and
architectural character as the buildings within the shopping center so as to provide
a cohesive appearance.
2. A master sign plan that provides for consistent color, placement, materials and
design of all signs within the shopping center shall be submitted and approved
together with the application for the shopping center identification sign.
3. Water features, masonry, and/or landscaping should be incorporated into the design
to create visual interest.
4. Signs may be indirectly lit or have internally illuminated channel letters. Internally
illuminated plastic, or other similar material, faced box signs are not allowed.
5. Maximum height of shopping center identification sign is 60 feet including its base,
measured from the adjacent ground level.
B. Neighborhood Identification Signs: Signs identifying each neighborhood within the MDP
shall be installed at the beginning and end of each neighborhood.
18.09.090: LANDSCAPING STANDARDS
A. Applicability: The provisions of this Section establish the landscape standards for the
Harvest Springs zoning district, and shall apply to all phases and neighborhoods within the
district except for detached single family residences, accessory dwelling units, attached
residential dwellings in buildings up to and including four (4) units, home occupations,
Temporary Uses, accessory uses, and clearing and grading associated with these uses. All
Phases and Neighborhoods, including those excepted above, are still subject to review by
the Design Review Committee.
B. Review Process:
1. A landscape plan designed or approved by either a landscape architect licensed in
the State of Idaho or Idaho State Master Gardener shall be submitted to the Design
Review Committee for review and approval.
2. The landscaping plans shall contain generally accepted specifications and direction
for planting and maintenance such as, but not limited to, tree and shrub planting,
staking, and soil preparation.
C. Landscape Design: Landscape design shall be consistent with the approved master
development plan and guidelines of this Chapter, and be appropriate to the intended use of
the site or building.
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D. Landscape Materials: New landscape materials shall include species native to the area or
non-invasive naturalized species that have adapted to those climate conditions in the
following amounts: 75% ground covers and shrubs, 50% trees. Sixty percent (60%) of plant
materials must be drought tolerant. In addition, landscaping may include water features,
rock, wood, walls, fences and other similar decorative materials and artistic features.
Playfields, playgrounds, and other similar uses are exempt from the materials requirement.
E. Right-of-Way and Associated Landscape Tracts:
1. One street tree per each thirty lineal feet (30’) of street frontage is required on all
streets. In addition, trees can be staggered, and/or planted in drifts or groves so long
as the total number of required trees is provided. Street trees must be a minimum
caliper of 1.5-inches diameter at breast height.
2. Medians and planter strips shall be planted with landscape materials per section
18.09.090 of this Chapter. Trees, shrubs and groundcovers may be planted in drifts,
or as appropriate for stormwater quality/Low Impact Development.
3. Landscaping within planter strips adjacent to parking spaces must include a low
growing plant palette with a variety of textures, such as, but not limited to, low
grasses, groundcovers and perennials.
4. Portions of park strips may be paved to accommodate street furniture, leaving
appropriately sized tree wells for street trees.
F. Parking Lot Landscaping: The purpose of parking lot landscaping is to soften the visual
appearance, soften views of parking lots, add shade and reinforce safe pedestrian access to
buildings and connecting sidewalks. Parking lots with 12 or more stalls shall include:
1. One (1) tree for every ten (10) stalls located in islands or perimeter landscaping;
and
2. Total of all interior landscaped areas shall be at least ten percent (10%) of the total
parking area (including parking, maneuvering, and loading areas); and
3. All landscape areas must be planted with landscape materials per 18.09.090 of this
Chapter, except where pedestrian access is provided. Landscaping adjacent to
parking spaces must include a low growing plant palette with a variety of textures,
such as, but not limited to, low grasses, groundcovers and perennials; and
4. Minimum width of all landscape areas is 4 feet. A reduction in width of up to two
(2) feet may be allowed for interior landscape areas (not adjacent to right-of-way)
provided the total required area is provided; and
5. A minimum six-foot wide perimeter of landscaping is required adjacent to rights-
of-way, except where vehicular ingress and egress is proposed. The perimeter
landscaping may include decorative walls, solid fences or vegetation to obscure
views of parking areas.
G. Maintenance: To the extent necessary to remain all non-native landscaping shall be
watered, weeded, pruned, freed of pests, and replaced as necessary. Shrubs near parking
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lots or driving lanes shall be cropped to prevent blockage of vision necessary for safe
driving. Shrubs shall not be allowed to grow so as to block public sidewalks or required
pedestrian walkways.
H. Water Rights: It is agreed that the owned water rights will be transferred as the land is
being developed. The rights will be transferred to the governing body overseeing the
irrigation within the Harvest Springs development. For each phase of development, the
prorated amount of water rights will be transferred at the time of recording of final plat for
that phase of development.
I. Timing of Landscape Improvements:
1. Parking lot landscaping must be bonded for, or in place, prior to occupancy of the
building or use for which it is required.
2. Residential Landscaping shall be addressed in the Community Documents.
18.09.100: STREET STANDARDS
A. Purpose: The purpose of this Section is to establish standards for the design, configuration
and performance of all public and private streets within the Harvest Springs zoning district
in order to:
1. Ensure adequate access and connectivity throughout the Project Site;
2. Allow for flexibility in the design and location of streets; and
3. Establish a streetscape and street design that helps to define the character and image
of the Harvest Springs district.
B. Applicability: This section is applicable to all streets, alleys, private drives and other
vehicular accessways proposed within the zoning district. Specific land uses, site
conditions, visibility limitations and critical areas may result in variations to the street types
as permitted in this section. Standards not defined in this section will be governed by the
typical City of Chubbuck standards.
C. Street Types: Exhibit “E” of the approved Master Development Plan shows the
approximate location of streets classified as Major and Minor Collectors. All other streets
and access will be Neighborhood streets, Private Roads, Shared Drives, Auto/Pedestrian
Shared Drives or Alleys and will be designed and located by the applicant during the
platting and/or development process associated with each parcel. These Phases and
Neighborhoods shall be designed to foster the development of a street grid system
throughout the Project Site. It is understood that street design is limited by geographical
features such as the Interstate 15, the Fort Hall Canal, and general topography.
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D. Street Naming: Public and private streets located within the district shall be named by the
Community Builder subject to approval by the City.
E. Off-Site Connections Required: The Harvest Springs development shall stub streets to the
boundaries of abutting off-site property as generally shown in the approved master
development plan; the connection points on the approved MDP Circulation Map are
approximate. The actual design and location of connection points will be determined at the
preliminary plat or final engineering stage of each phase by the Community Builder and
City using a collaborative process.
F. Tyhee Road/Harvest Springs Boulevard: The design of Harvest Springs Blvd is to extend
from Hiline Rd at the north end of the project and continue through the project until it
ultimately connects with the East Siphon/Northgate Extension as per the master plan
layout. The Community Builder shall be responsible for the constructi on of a 3 lane road
for the initial build of Harvest Springs Blvd, including the bridge crossing onto Hiline
Road. A 100’ wide right of way shall be dedicated to the City of Chubbuck for the full
build out of Harvest Springs Blvd.
G. Review Criteria for Deviations: The requirements of this Section may be modified through
a deviation request for cause during the design book and preliminary platting phase. Street
sections may be modified to best fit the character of the proposed neighborhood and
respond to natural site features. Modifications to street sections related to on-street parking,
bicycle lanes, planter strips and/or sidewalks must meet the following guidelines as
applicable:
1. On-street parking is required the extent necessary to satisfy guest parking
requirement.
2. Bicycle lanes are only required to be included in street sections that are classified
higher than a Neighborhood Street. Bicycle lanes may be eliminated if an adequate
off-street trail facility is provided as a replacement.
3. A sidewalk may be eliminated if a separated trail section is provided as a
replacement. For example, where a paved multi-use trail is provided along the road
(it may be separated), the sidewalk may be eliminated on one or both sides.
H. Ownership and Maintenance:
1. Public: All street right-of-ways and alleyways that access more than 4 units shall
be dedicated to, owned, and maintained by the City. Open space, neighborhood
parks, and the Harvest Springs Lake shall also be dedicated to, owned, and
maintained by the City.
2. Private: Private streets and parking lots shall be maintained by private owners
and/or the community association, or other acceptable entity.
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I. Street Sections: As authorized by the master development plan approval, street sections for
all street types within the district shall be followed. These street sections are typical and
may vary subject to approval by the Public Works Director to accommodate specific site
and design conditions. Street sections may incorporate cross-slopes, crowns, inverts, and/or
super elevation to accommodate Low Impact Development or other design features.
18.09.100: PARKS AND OPEN SPACE
A. The Community Builder is responsible for the design and construction of the Parks. The
actual location and boundaries of Parks may vary but will be defined through the platting
stage. Parks in each phase shall be improved as per a proposed park design plan submitted
with the construction plans of that phase no later than when Certificates of Occupancy or
final inspection have been issued for 60% of the Phase within which the Park(s) is located.
B. Sensitive Areas and Buffers: Sensitive areas and buffers are the steep slopes (slopes above
35% grade), lowlands, and dry-stream beds. An effort shall be made to preserve and
protect and, in many cases, leave natural, sensitive areas and buffers. Trails, crossings,
encroachments, and improvements may be allowed within sensitive areas consistent with
a low impact development effort. These areas may be dedicated to the City as open space
at the time of phase platting.
C. Non-Sensitive Open Space: Open Space outside of sensitive areas and buffers includes,
but is not limited to, the plaza, Community Parks, trails, Neighborhood and Pocket Parks,
natural areas and stormwater ponds and infiltration facilities. Additional Parks may be
provided as individual phases are developed.
D. Stormwater ponds and facilities shall be designed as either passive or active Open Space
when practical. Passive Open Space facilities consisting of stormwater ponds shall be
designed to appear as a natural wetland or pond. Vegetation shall consist of no less than
70% native plant material typically found in and around Bannock County. Any fencing
required shall be designed and located such that it does not detract from the natural
character of the facility. If natural landscaping is intended to provide a long−term barrier
to human intrusion, temporary fencing may be permitted until such time as the
landscaping has matured to the point of providing the barrier.
E. Trail Plan: The Community Builder is responsible for the design and construction of the
trails shown on the Plan with approval by the City. The actual location of trails may vary
and will be defined through the platting process. Necessary trail construction will be
completed within the boundaries of each phase as constructed. Where feasible, trail
construction should avoid dead ends and incomplete segments. The Community Builder
may elect to build trails in advance, but no later than when Certificates of Occupancy or
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final inspection have been issued for 60% of the Phase within which the Trail(s) is located
F. Trail Standards: Trails will be built to the standards as described in Municipal Code
18.21.050.A.3. The following amenities may be included within trail corridors subject to
mutual agreement between the Community Builder and the City: rest stops, sculpture and
other art, pedestrian lighting, exercise stations, picnic tables, interpretive areas, Pocket
Parks/tot lots, drinking fountains, restrooms, and covered sheds, and other similar
amenities.
G. Park, Open Space, and Deviations from Plan: All Park, Recreation Facility, Open Space
and trail standards, cross sections and locations are general documents and may be
modified through the deviation process established by this Chapter_____.
H. Ownership and Maintenance: Neighborhood parks, trails and Community Parks will be
owned and maintained by the City, unless otherwise proposed and agreed to at the platting
stage of a phase. Public access is authorized to all parks and trails provided by the
Community Builder.
18.09.100: PLAN AND AGREEMENT CHANGES; ADMINISTRATION
A. Purpose: The purpose of this section is to provide a process and criteria to interpret, modify
and/or amend the standards, processes, conditions, or provisions contained within the MDP
Approval as codified in this Chapter and in agreements with the Community Builder. In
addition, recognizing that not all potential issues can be anticipated over the life of this
development, it is the intent of this chapter to allow for flexibility s`o that Harvest Springs
zoning district can adapt to new information, changes in the market, and technological
advances over time.
B. Interpretations: Any dispute over the meaning of this Chapter shall be resolved first by an
interpretation from the Public Works Director. The Public Works Director shall issue a
written interpretation within ten (10) business days of receiving a written request for
clarification. The City Public Works Director’s interpretation may be appealed to the City
Council. The City Council shall hold a meeting on the interpretation appeal at the next
available regular meeting following the date upon which the request for an appeal to the
City Council is delivered to the Public Works Director. At the appeal, both the Public
Works Director and appellant shall be entitled to voice testimony to the Council for
consideration. The Community Builder or Community Builder Transferee shall exhaust its
remedies as set forth herein prior to exercising other remedies.
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C. Appeal of Administrative Decisions to City Council: Final administrative decisions of this
Chapter may be appealed to the City Council.
D. Deviations from the Master Development Plan Approval: An Amendment to the Harvest
Springs Master Development Plan as approved may be requested by the Community
Builder or Community Builder Transferee as per CMC 18.21.030.C and as further
described herein. Minor deviations meeting the criteria as described below may be
approved administratively by the Public Works Director; Major deviations not meeting the
criteria for a minor deviation shall require the same review and approval process as a
zoning ordinance amendment as outlined in Idaho Code 67-6511.
E. Minor Deviation: A deviation to the approved master development plan shall be considered
minor if the change satisfies all of the following criteria:
1. The deviation will not increase the total number of dwelling units in the
development above the maximum number set forth in the approved master
development plan, or reduce the number by more than ten percent (10%);
2. The deviation will not increase the total floor area of nonresidential uses by more
than ten percent (10%);
3. The deviation will not decrease the minimum, or increase the maximum density for
residential areas of the development beyond approved density ranges approved.
4. The deviation will not decrease the approved amount of open space or recreation
space;
5. The deviation will not increase any adverse environmental impact, provided that
additional environmental review may be required to determine whether such
change is likely to occur;
6. The deviation will not adversely impact the project's fiscal projections to the
detriment of the city;
7. The deviation will not significantly impact the overall design of the approved
master development plan;
8. The deviation will not significantly alter the size or location of any designated open
space resulting in a lowered level of service; and
9. The requested Amendment is a land use category change that does not increase the
land use category of a Development Parcel immediately adjacent to the perimeter
of the Project Site.
F. Project & Improvement Phasing: The concept master phasing plan approved through the
Master Development Plan approval process is intended to be a general guide and to reflect
current conditions. It is not the intent of the City to restrict other phasing opportu nities
which correspond to changes in market conditions and technological advances nor to
restrict infrastructure and timing of the development which may differ from the approved
concept.
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18.09.110: RELATIONSHIP TO OTHER LAND USE AND DEVELOPMENT
CONTROLS; CHAPTER SUPERSEDES PORTIONS OF CODE AS DESCRIBED
A. With the establishment of this zoning district, modifications from municipal code are
allowed with the Harvest Springs zoning districts as applicable.
B. Where there appears to be a conflict between these standards and any other sections of city
code, the requirements set forth in this zoning district prevail. This district does not prevail
over life safety codes.
Master Plan Narrative for
A New Neighborhood in Chubbuck, Idaho
March 2019
Harvest Springs Narrative 2
Master Plan Narrative
A Place, a Vision, an Opportunity
Located on the north end of the Portneuf Valley, Harvest Springs is a community
with purpose. It is designed to inspire creativity and bring people together. At Harvest
Springs, community matters, diversity is the design, and the outdoors and town
square are around the corner.
Harvest Springs will be an exciting, vibrant place to live. The variety of home styles
offered will provide quality options for people of all ages. Parks, shared play areas,
front porches, and trails are designed to provide neighborly interaction. Defining
features include a small lake, walking and biking trails, and open space that borders
many homes as well as a commercial center located within walking or biking distance
of the entire neighborhood. The town center and abundant community amenities
provide a home-town, neighborly atmosphere and everyday conveniences that make
life simple.
With magnificent views of the Pocatello foothills and Chubbuck’s city lights, Harvest
Springs has a serenity illuminated by morning sunrises and silhouetted by warm,
Idaho sunsets. With its combination of recreation and the natural beauty found from
gentle slopes, and breathtaking bluffs, Harvest Springs provides a favorite place for
people in all stages of life to call home.
We have produced the Architectural and Landscaping Design Guidelines to help
architects and homeowners capture this warmth and vision when designing for
Harvest Springs.
The specific guidelines outlined in this document help achieve this vision for the
neighborhood. Design guidelines provide an opportunity to enhance the community
character through the consistent application of style and materials. They also enhance
the pedestrian experience of a community by including visually interesting and safe
places to walk and socialize.
March 2019 3
Design Guidelines
Design Guidelines are paramount to establishing the quality of a community. These
design guidelines will create a distinct identity for Harvest Springs.
The Harvest Springs design guidelines are based on the following principles:
Community
People living in Harvest Springs will have trails, open space, and a commercial center
within walking distance. The design guidelines provide guidance on creating human-
scale architecture, providing visual interest, and encouraging the use of outdoor
spaces.
Open Space
Homes in Harvest Springs will be placed to take advantage of the generous open
space. Not only will homes have views of open space, they will also have convenient
access to this space. Homes will have garages that have side access, be rear loading,
or be set back 15 feet from the front of the house.
Quality
Quality is fundamental to Harvest Springs. The design guidelines outline the
requirements that must be adhered to in order to maintain the highest level of quality
within the neighborhood and commercial parcels.
Massing and Scale of Houses
Houses are set close to the front property line to create a social and pedestrian-
oriented environment. Entries to homes will be clearly visible and directly accessible
from the street upon which they front.
Variety of Design
A unique character for the streetscape will be achieved by avoiding the repetition of
identical buildings. Color, variation in roofline and materials, and other details will be
used to create variety and interest throughout the neighborhood.
Harvest Springs Narrative 4
Architecture
Architecture
These guidelines begin with a recommendation of styles for the houses
in Harvest Springs. Following the styles, different aspects of architecture
and landscape are addressed: general landscape design principles, street
trees, amenities, lighting, streetscape, and monumentation. Photographs
and drawings throughout the document illustrate examples of design
concepts encouraged for Harvest Springs. These options are possible in
all communities of Harvest Springs but may not necessarily be found in
each neighborhood.
Architectural Styles
Bungalow
Colonial
Country (Manor)
Contemporary Craftsman
French
Ranch
Traditional
Tudor
Types of House
Single Family
Condo
Apartment
Townhome
Bungalow
Ranch
Cottage (Vacation)
Cottage (Mansion)
Multi-family
Manor
March 2019 5
Landscape
Landscape
Plants play an important role in the design, quality, and function of a neighborhood.
Trees visually unify a street and provide shade from hot summer sun. Shrubs and
groundcovers add variety. Plants minimize impervious surfaces and collect drainage.
Plantings for each house should be layered to create ground-level, eye- level, and
overhead planes. Each lot will
have one chosen street tree per 30’
of frontage as per the covenants,
and at least fifteen percent of the
front yard covered by shrubs and
groundcovers other than turf.
Climate-appropriate plants that
use as little irrigated water as
possible are encouraged. A plant
list is also included at the end of
this landscape section. This list is
not intended to be all-inclusive;
rather it is an initial reference list.
The following principles are
provided to assist homeowners as
they landscape their yards:
1. Plan and Design
Just as a house starts with a plan,
so should a residential landscape. Hire a professional to prepare a plan or create your
own. It’s best to designate areas for specific activities and locate microclimates for
plants with different water requirements.
2. Create Practical Turf (Lawn) Areas
Turf requires twenty-five to fifty percent more water than trees and shrubs. For the
turf that you do have, water it properly.
Figure 1: Example of layering of plants. Shrubs and lawn create ground level plane,
small trees are the eye-level plane, and large canopy trees create the overhead plane.
Harvest Springs Narrative 6
3. Choose Low-Water Plants
In recognition that Southeast Idaho receives only 10-12 inches of rain annually (as
opposed to 30-40 inches in Midwestern and eastern states), choose native and water-
wise plants.
4. Use Mulches
Mulches reduce evaporation and help keep the soil cool. They also discourage weeds
and erosion. Organic mulches, such as wood chips, will break down and enrich the
soil over time.
5. Irrigate Efficiently
Know how much water you are applying to the landscape and adjust it as weather
conditions change throughout the growing season. Properly maintain any automatic
sprinkler systems. Place plants with similar water requirements in the same irrigation
zone.
In addition to the landscape around individual homes, street trees are an important
element of the landscape of the neighborhood. Street trees help create a human-scale
street where pedestrians feel comfortable, provide separation between pedestrians and
vehicles, and provide shelter from the elements. For the main entry along Harvest
Springs Boulevard, a tall, grand-scale street is recommended. Other streets should be
planted with medium street trees, while other areas may need small street trees.
Neighborhood parks and trails are also central elements of the landscape. There are a
variety of park and open spaces in Harvest Springs. Large parks and open areas will
have traditional turf grass while open space along trails should be planted with native
plants and should not be irrigated beyond the establishment period.
March 2019 7
Potential Street Trees for Harvest Springs
Common Hackberry (Celtis occidentalis)
Burr Oak (Quercus macrocarpa)
Amer Linden (Tilia Americana)
Hybrid Elm (Ulmus x hybrida)
Autumn Purple Ash (Fraxinus americana Autumn Purple)
Chinkapin Oak (Quercus muehlenbergii)
Sargent Cherry (Prunus sargentii)
Princess Kay Plum (Prunus nigra ‘Princess Kay’)
Redbud, Eastern (Cercis canadensis)
Thornless Cockspur Hawthorne (Crataegus curs-gali var.
inermis)
Grasses and Shrubs:
Burning Bush (Euonymus
alatus)
Karl Forester Grass
(Calamagrostis acutiflora)
Overdam Grass
(Calamagrostis arundinacea)
Figure 2: Common Hackberry
Figure 5: Thornless Cockspur Hawthorn
Figure 3: Eastern Red Bud
Figure 7: Karl Forester Grass
Figure 9: Overdam Grass Figure 8: Burning Bush
Figure 4: Sargent Cherry
Figure 6: Princess Kay Plum
Harvest Springs Narrative 8
Amenities
Amenities
One of the key amenities in Harvest Springs is the amount of open space offered to
residents. With at least 49 acres of the development focused on pocket parks and open
space; residents have a neighborhood designed as a place to gather. The open space
areas will vary in look and feel. Some of the areas will be left in their natural state.
Other areas will be landscaped with play structures, landscaped with no designated
play structures, or partially landscaped. As a part of creating a community that is
committed to being walkable, one of the planned amenities is a biking/walking path
along Harvest Springs Boulevard as well as one that wraps around the development
as a whole with access to the paths available throughout the development. Many of
the larger open areas are slated to have interactive and passive street art scattered
throughout. The variety of open space offered allows residents to have personal
experience with nature in a manner that suits their tastes. The open space and trails
map marks potential locations for the open space and trails.
Harvest Springs amenities, although not finalized, may include the following:
Lakes
Dog Park
Tot Area including a Splash Pad
Recreation/Leisure: Picnic Tables, Jogging Trails, Exercise Stations
Biking and Walking Trails (Including a trail along the Hiline Canal)
Interactive Street Art
Community Garden
Electrical Car Plug in Area
March 2019 9
Figure 11: Example of Interactive Street Art
Figure 12: Example of a Tot Area
Figure 10: Trails will wind throughout the neighborhood providing ample
opportunities for recreation and exercise
Harvest Springs Narrative 10
Lighting
Lighting
Street lighting is another community design element. Street lighting must be designed
with care to provide appropriate levels of light while avoiding over lighting, glare,
and light pollution. It is recommended that a street light be between twelve and
sixteen feet in height be chosen. Spacing between street lights shall be as
recommended by the manufacturer and is anticipated to be 80’-100’apart. Spacing
will account for offset lighting (lights on either side of the street, offset from each
other). A light of this size will provide light for pedestrians as well as vehicles. A
crucial element in selecting a street light is choosing a fixture that is a cutoff or full
cutoff fixture. Cutoff or full cutoff fixtures direct light downward and do not allow
for light pollution. Individual homeowners should also install cutoff or full cut-off.
Figure 13: Difference between cutoff and full cutoff lighting
Figure 16: Examples of cutoff and full cutoff
fixtures for homes
Figure 15: Pedestrian relationship to
lights of different heights Figure 14: Lighting option for streetscape
March 2019 11
Streetscape
Streetscape
The streets in Harvest Springs are designed to connect with each other and with
streets in adjoining neighborhoods. This connectivity promotes a cohesive
neighborhood and facilitates pedestrian travel. Appropriately scaled streets will create
a more inviting environment and, just as importantly, create a safer environment for
walkability by encouraging lower traffic speeds. It is intended that as part of the
appropriately scaled streets, a neighborhood block will be between 300-450 feet.
All streets, with the exception of alleys, will have a park strip with street trees and a
sidewalk. Alleys will have a buffer with shrubs. Houses and commercial buildings
close to the street will frame the street and provide definition to the edges. It is
intended that houses with a front loading garage will have 25 feet between the garage
door and the back of the sidewalk so as to prevent vehicles that may park in the
driveway from blocking the sidewalk. Most streets in neighborhoods will be
classified as medium streets or greater with parking allowed on both sides of the
street. However, exceptions may be made (such as along the lake front) for streets
classified as small streets which are differentiated by the parking allowed only on one
side of the street. These streets will be determined in the preliminary plat process.
Harvest Springs Narrative 12
Monumentation
Landscape Monumentation
Landscape monumentation is another important element of Harvest Springs.
Monumentation for this project is classified in the following categories:
Entry sign
Location signs (park, trail access, etc.)
Trail directional signs
Monumentation should be consistent with the architectural style of the community
with stone, brick and metal comprising the main monumentation materials. Signs
should also be scale-appropriate for their application. The entry sign should be the
dominant monumentation sign, with location signs subordinate to the entry sign and
followed by even smaller trail directional signs.
Figure 19: Example
monumentation for streets and
divisions
Figure 18: Example monumentation for houses Figure 17: Example monumentation
for trail markers and street signs
March 2019 13
Enforcement
The Architectural Guidelines shall be enforced by the Design Review Committee
appointed by the Home Owner’s Association hereinafter referred to as HOA. Said
Architectural Guidelines shall further require all owners to perpetually maintain all
improvements consistent with this master plan agreement, all annexation agreements
and all development agreements. Said Architectural Guidelines shall further provide
that any owner’s failure to perpetually comply with said Architectural Guidelines
shall result in the right of the HOA to place a lien on said violating owner’s property
for the cost of repair, replacement and enforcement.
Project Densities
The total number of Dwelling Units allowed on the Project Site is 1375 Dwelling
Units. The predominant housing type is single family residential. The anticipated unit
mix is 625 Single Family Units consisting single family detached, courtyard homes,
duplex, triplex and four-plex units as well as cottages (low and medium density
residential) and 750 Multi-Family Units consisting of townhomes, condominiums,
and stacked flats (high and medium density residential). The Project Site consists of
267 acres, of which at least 49 acres of Open Space and pocket parks will be
provided. The total residential density of 1375 units over the 267 acres is 5.15
units/acre, but when commercial store space is accounted for, the actual residential
density will be slightly higher. Accessory Dwelling Units do not count toward the
maximum number of Dwelling Units.
Land Use Designation
The following definitions for land use are an overview of what each designation
means. For a more detailed understanding of allowances in each area, see the Land
Use Table of the Zoning Ordinance.
Residential: This land use area is designed for comparatively low to medium density
development that emphasizes residential (single and multi-family) use, but also may
include appropriately scaled office, commercial, public/semipublic and
recreation/open space uses.
Village: This land use area is designed for medium to high density mixed use
development that includes residential (single and multi-family), office, commercial,
public/semipublic, recreation/open space uses, and certain compatible light industrial
uses.
Town: This land use area is designed for office, commercial and recreational uses, but
also includes residential (single and multi-family), public/semipublic, open space, and
certain compatible light industrial uses.
Harvest Springs Narrative 14
Business and Research Park: This land use area is designed to accommodate (but not
require) a mixture of all uses: residential (single and multi-family), office,
commercial, light industrial, recreational and public/semipublic uses. The principal
land use in this category should be office, commercial and light industrial.
1
COMMUNITY DOCUMENTS
FOR
HARVEST SPRINGS
HARVEST SPRINGS JV
VIEW POINTE DEVELOPMENTS, LLC
SATTERFIELD REALTY & DEVELOPMENT, INC.
ii
TABLE OF CONTENTS
Page
PREAMBLE .................................................................................... 1
DECLARATION OF COVENANT ........................................................... 2
PART ONE: INTRODUCTION TO THE COMMUNITY ................................. 2
Chapter 1 Governing Documents ............................................................ 2
1.1. Scope and Applicability ........................................................................................ 2
1.2. Additional Covenants ........................................................................................... 2
1.3. Conflicts ................................................................................................................ 2
1.4. Definitions ............................................................................................................ 3
Chapter 2 Community Administration ................................................... 3
2.1. The Founder ......................................................................................................... 3
2.2. The Association .................................................................................................... 4
2.3. The Board ............................................................................................................. 4
2.4. The Owners .......................................................................................................... 4
2.5. Builders ................................................................................................................ 4
2.6. Neighborhood Associations ................................................................................. 5
2.7. Mortgagees ........................................................................................................... 5
Chapter 3 Community Structure and Organization ................................ 5
3.1. Designations of Properties Comprising the Community .................................. 5
3.2. Neighborhoods ................................................................................................... 6
3.3. Election Districts ................................................................................................ 6
Chapter 4 Association Membership and Voting Rights .......................... 6
4.1. Membership ....................................................................................................... 6
4.2. Voting ................................................................................................................. 7
PART TWO: COMMUNITY STANDARDS .............................................. 8
Chapter 5 Architecture, Landscaping, and Aesthetic Standards ............. 8
5.1. General ............................................................................................................... 8
5.2. Design Review Authority ................................................................................... 8
5.3. Guidelines and Procedures ................................................................................ 9
5.4. No Waiver of Future Approvals ......................................................................... 10
5.5. Variances ............................................................................................................ 10
5.6. Limitation of Liability ........................................................................................ 11
5.7. Certificate of Compliance ................................................................................... 11
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Chapter 6 Maintenance, Repair, and Replacement ................................ 11
6.1. Maintenance by Owners ..................................................................................... 11
6.2. Maintenance of Neighborhood Association Property ....................................... 12
6.3. Maintenance by the Association ........................................................................ 12
6.4. Responsibility for Repair and Replacement ...................................................... 12
6.5. Maintenance and Repair of Party Walls and Similar Structures ...................... 12
6.6. Maintenance of Alleys ........................................................................................ 13
6.7. Maintenance of Irrigation Lines ........................................................................ 13
Chapter 7 Use and Conduct ................................................................... 13
7.1. Use, Occupancy, and Transfer of Interests in Units .......................................... 13
7.2. Rulemaking Authority and Procedures ............................................................. 15
7.3. Protection of Owners and Others ...................................................................... 16
7.4. Owners' Acknowledgment and Notice to Purchasers ........................................ 16
Chapter 8 Compliance and Enforcement ............................................... 16
8.1. Compliance ......................................................................................................... 16
8.2. Remedies for Non-Compliance .......................................................................... 17
8.3. Board Decision to Pursue Enforcement Action ................................................. 18
8.4. Attorney’s Fees and Costs .................................................................................. 18
8.5. Enforcement of Ordinances ............................................................................... 18
PART THREE: ASSOCIATION OPERATIONS ......................................... 19
Chapter 9 Property Management ........................................................... 19
9.1. Acceptance and Control of Association Property .............................................. 19
9.2. Maintenance of Area of Common Responsibility .............................................. 19
9.3. Discontinuation of Operation ............................................................................ 20
9.4. Restoring Damaged Improvements ................................................................... 20
9.5. Relationships with Other Properties ................................................................. 20
Chapter 10 Provision of Services ............................................................ 20
10.1. Provision of Services to Units ............................................................................ 20
10.2. Provision of Services to Service Areas ............................................................... 21
10.3. Community Technology ..................................................................................... 21
10.4. Recycling Programs ............................................................................................ 22
10.5. Alternative Fuel and Electric Vehicles ............................................................... 22
10.6. Right to Install Water Reclamation Devices ...................................................... 22
10.7. Environmental Preservation .............................................................................. 22
Chapter 11 Association Insurance .......................................................... 22
11.1. Required Coverages............................................................................................ 23
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11.2. Deductibles ......................................................................................................... 23
11.3. Policy Requirements .......................................................................................... 23
11.4. Insurance Premiums .......................................................................................... 24
Chapter 12 Association Finances ................................................................ 24
12.1. Association Expenses ......................................................................................... 25
12.2. Budgeting for and Allocating Association Expenses ......................................... 25
12.3. Special Assessments ........................................................................................... 26
12.4. Specific Assessments .......................................................................................... 26
12.5. Authority to Assess Owners; Time of Payment ................................................. 26
12.6. Obligation for Assessments ................................................................................ 26
12.7. Lien for Assessments .......................................................................................... 27
12.8. Exempt Property ................................................................................................ 27
PART FOUR: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY . 29
Chapter 13 Easements ........................................................................... 29
13.1. Easements in Common Area .............................................................................. 29
13.2. Easements of Encroachment ............................................................................. 29
13.3. Easements for Utilities, Etc. ............................................................................... 30
13.4. Easements to Serve Additional Property ........................................................... 30
13.5. Easements for Maintenance, Emergency, and Enforcement ............................ 30
13.6. Easements for Lake and Pond Maintenance and Flood Water ......................... 31
13.7. Easements for Cross-Drainage .......................................................................... 31
13.8. Easement for Installation, Maintenance, and Repair of Solar Power or Wind Energy Equipment………31
13.9. Easements for Trails, Paths, and Walkways ...................................................... 32
Chapter 14 Disclosures and Waivers ...................................................... 32
14.1. Facilities and Services Open to the Public ......................................................... 32
14.2. Safety and Security ............................................................................................. 32
14.3. Changes in Master Plan...................................................................................... 33
14.4. View Impairment ............................................................................................... 33
14.5. Notices and Disclaimers as to Community Systems ......................................... 33
14.6. Relationship with Governmental and Tax-Exempt Organizations ................... 33
14.7. Right To Designate Sites for Governmental and Public Interests..................... 33
14.8. Use of Reclaimed Water for Irrigation Purposes .............................................. 34
14.9. Radio and Telecommunication Towers ............................................................. 34
Chapter 15 Rights of Lenders ................................................................. 34
15.1. Notices of Action ................................................................................................ 34
15.2. Special FHLMC Provision .................................................................................. 34
15.3. Other Provisions for First Lien Holders ............................................................ 35
15.4. Amendments to Documents .............................................................................. 36
15.5. No Priority .......................................................................................................... 36
15.6. Notice to Association .......................................................................................... 36
15.7. Failure of Mortgagee to Respond ....................................................................... 36
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15.8. Construction of Chapter 15 ................................................................................ 36
15.9. HUD/VA Approval ............................................................................................. 36
PART FIVE: COMMUNITY DEVELOPMENT .......................................... 37
Chapter 16 Expansion of the Community ............................................... 37
16.1. Expansion by Founder ....................................................................................... 37
16.2. Expansion by the Association ............................................................................ 37
16.3. Additional Covenants and Easements ............................................................... 37
16.4. Effect of Filing a Supplement ............................................................................. 37
16.5. Unit Conversions ................................................................................................ 37
Chapter 17 Additional Rights Reserved to the Founder .......................... 38
17.1. Withdrawal of Property ...................................................................................... 38
17.2. Marketing and Sales Activities ........................................................................... 38
17.3. Right to Make Improvements, Replat ............................................................... 38
17.4. Right to Approve Changes in HARVEST SPRINGS Standards ......................... 38
17.5. Additional Covenants and Restrictions ............................................................. 38
17.6. Exclusive Rights to Use Name of Development ................................................ 38
17.7. Community Systems .......................................................................................... 38
17.8. Easement to Inspect and Right to Correct ......................................................... 39
17.9. Right to Notice of Design or Construction Claims ............................................ 39
17.10. Development of Open Space .............................................................................. 39
17.11. Right to Use Common Area for Special Events ................................................. 39
17.12. Right to Stormwater Runoff ............................................................................... 40
17.13. Right to Transfer or Assign the Founder's Rights ............................................. 40
17.14. Termination of Rights ........................................................................................ 40
PART SIX: PROCEDURES FOR AND LIMITATIONS ON CERTAIN ACTIONS .. 41
Chapter 18 Dispute Resolution and Limitation on Litigation .................. 41
18.1. Agreement to Encourage Resolution of Disputes Without Litigation .............. 41
18.2. Dispute Resolution Procedures ......................................................................... 41
18.3. Initiation of Litigation by Association ............................................................... 42
Chapter 19 Changes in the Common Area .............................................. 43
19.1. Condemnation .................................................................................................... 43
19.2. Partition .............................................................................................................. 43
19.3. Transfer or Dedication of Common Area .......................................................... 43
Chapter 20 Termination and Amendment of Community Declaration
43
20.1. Term and Termination ....................................................................................... 44
vi
TABLE OF EXHIBITS
EXHIBIT TITLE PAGE
A Initial Property 47
B Master Plan Property 48
C Expansion Property 49
D Initial Rules 50
E Association By-Laws 53
1
HARVEST SPRINGS
PREAMBLE
Harvest Springs Joint Venture has been established for the purpose of developing the Harvest
Springs community. This Community Declaration ("Declaration") has been established and
recorded in order to form a governance structure and a flexible system of standards and procedures
for the development, expansion, administration, maintenance, and preservation of Harvest Springs as
a Creative Community in Chubbuck, Idaho. Harvest Springs is proposed to be a mixed-use community
consisting of multiple housing types, recreational, civic, and commercial uses surrounded by open
space and parks. An integral part of the development plan is the formation of the Harvest Springs
Community Association, Inc. ("Association"), a nonprofit corporation to administer and enforce this
Declaration and the other Governing Documents referenced in this Declaration, and to own and
manage any potential common areas within the development.
The guiding principles of Harvest Springs JV, in developing the Harvest Springs community, are as
follows:
Community
o People living in harvest Springs will have trails, open space, and a commercial center within
walking distance. The design guidelines provide guidance on creating human-scale architecture,
providing visual interest, and encouraging the use of outdoor spaces.
Open Space
o Homes in Harvest Springs will be placed to take advantage of the generous open space. Not only
will homes have views of opens space, they will also have convenient access to this space. Garages
on homes will be side access, rear loading, or be set back 15 feet from the front of the house.
Quality
o Quality is fundamental to Harvest Springs. The design guidelines outline the requirements that
must be adhered to in order to maintain the highest level of quality within the neighborhood and
commercial parcels.
Massing and Scale of Houses
o Houses will be set to create a social and pedestrian-oriented environment. Entries to homes will
be clearly visible and directly accessible from the street upon which they front.
Variety of Design
o A unique character for the streetscape will be achieved by avoiding the repetition of identical
buildings. Color, variation in roofline and materials, and other details will be used to create variety
and interest throughout the neighborhood.
2
DECLARATION OF COVENANT
Harvest Springs JV, its successors and assigns (the "Founder") and the owners of the property
described in Exhibit "A" if other than the Founder, by executing and recording this Declaration, declares
that the property described in Exhibit "A" and any additional property made subject to this Declaration in
the future by amendment or supplement, shall constitute the "Community" of Harvest Springs referred
to in this Declaration. This Declaration shall run with the title to such property, shall govern the
development and use of such property, and shall be binding upon the Founder and the future owners of any
portion of the property, their respective heirs, successors, successors-in-title, and assigns, and any other
person or entity that now or hereafter has any legal, equitable, or beneficial interest in any portion of such
property. This Declaration shall also be binding upon Harvest Springs Community Association, its
successors and assigns.
By taking title to property in Harvest Springs, all owners join in and accept the intent, purposes, and
objectives of this Declaration and agree to be bound by it. Each party bound by the terms of this Declaration
acknowledges the benefits received from its existence and the Founder's actions and accepts these benefits
and the burdens that accompany them.
PART ONE: INTRODUCTION TO THE COMMUNITY
Chapter 1
Governing Documents
Harvest Springs is guided and governed by certain principles that each owner and resident, by choosing to own property
or reside in the community, agree to uphold. Those principles are set forth in the community's governing documents, which
serve as a tie to bind the community together, give it structure, and provide guidance to all who participate in its growth
and evolution.
1.1. Scope and Applicability
Harvest Springs has been established and is administered pursuant to various documents that have a
legal and binding effect on all owners and occupants of property in the Community, as well as on anyone
else that may now or in the future have an interest in any portion of the property comprising the
Community. Such documents, referred to in this Declaration as the "Governing Documents," include
this Declaration and the other documents described in Table 1.1, as they may be amended. All owners and
occupants, as well as their tenants, guests, and invitees, are required to comply with the Governing
Documents.
1.2. Additional Covenants
The owner of any property within the Community may impose additional covenants on its property with
such approval as may be required pursuant to Chapter 17. If the provisions of any such additional covenants
are more restrictive than the provisions of this Declaration, the more restrictive provisions control. The
Association shall have standing and the power, but not the obligation, to enforce any such additional
covenants.
1.3. Conflicts
If there are conflicts between any of the Governing Documents and Idaho law, Idaho law shall control.
If there is a conflict between the Governing Documents and any additional covenants recorded on any
property within the Community (or the rules or policies adopted pursuant to any such additional
covenants), the Governing Documents shall control.
3
If any court determines that any provision of this Declaration is invalid, or invalid as applied in a
particular instance, such determination shall not affect the validity of other provisions or applications of
such provision in other instances.
1.4. Definitions
Capitalized terms used in the Governing Documents have the meaning described in the paragraph where
they first appear in bold print. All other terms used in the Governing Documents have their natural,
commonly accepted definitions.
GOVERNING DOCUMENTS
Community Declaration This Community Declaration for Harvest Springs, which creates
obligations that are binding upon the Association and all present
and future owners of property in Harvest Springs.
Supplements A recorded supplement to this Declaration, which may submit
additional property to this Declaration, create easements over the
property described in the supplement, impose additional
obligations or restrictions on such property, and/or designate
special areas as described herein.
Association Organization Documents relating to the organization of the community
association.
Design Guidelines/
Narrative
The design standards and architectural and aesthetic guidelines
adopted, as they may be amended, which govern new construction
and modifications to Units, including structures, landscaping, and
other items on Units.
Chapter 2
Community Administration
Vibrant communities depend upon all of their stakeholders working together to uphold community standards and
achieve the vision and goals for the community. The Founder, the Association, the owners, the builders, and others have a
role in the functioning of the community and in helping to fulfill that vision. This chapter identifies these stakeholders and
describes their roles in administering the Community.
2.1. The Founder
The Founder has established the vision for the Community and, through the Governing Documents, has
set forth the founding principles that will guide the Community during the initial period of development
and sale and thereafter. The initial phase of the development for Harvest Springs is described in Exhibit
"A." In addition, the Founder's proposed plan for development is described in the land use plan(s) for
Harvest Springs approved by the City of Chubbuck, Idaho, (the "City"). It may be supplemented and
amended, which encompasses all of the property described in Exhibit "B" (the "Master Plan"), as such
Master Plan is further described in the Master Development Agreement for the Harvest Springs
Development Project. However, the Founder is not obligated to submit any portion of the property shown
on the Master Plan or any other property to this Declaration. In addition, the Founder may submit property
to this Declaration that is not shown on the Master Plan.
The Founder has reserved various rights in the Governing Documents with respect to development and
administration of the Community. The Founder may exercise certain of these rights throughout the
"Development and Sale Period," which is the period of time during which the Founder or any "Founder
Affiliate" owns real property in the Community or has an unexpired option to expand the Community
pursuant to Chapter 16. A "Founder Affiliate" is any Person that is owned or controlled by the Founder.
The Founder has reserved other rights that may be exercised only during the "Founder Control
Period," which is the period of time that the Founder is entitled to appoint a majority of the members of
the Association's board of directors ("Board"). The Founder Control Period begins on the date of the
Association's incorporation and terminates upon the first of the following to occur:
4
(a) when 75% of the total number of Units permitted by applicable zoning for the property described
in the Master Plan have certificates of occupancy issued thereon and have been conveyed to persons other
than Builders holding title for purposes of construction and resale;
(b) December 31, 2050; or
(c) when, in its discretion, the Founder so determines and declares in a recorded instrument.
The Founder has certain approval rights for a limited period as provided in the By-Laws after the
termination of the Founder Control Period.
The Founder may assign its status and rights as the Founder under the Governing Documents to any
Founder Affiliate or any person who takes title to any portion of the property described in Exhibit "A" or
"B" for the purpose of development and/or sale. Such assignment shall be made only in a recorded
instrument signed by both parties and shall not prevent the Founder from assigning its status and rights
for any other property subject to this Declaration.
2.2. The Association
The Founder has established or will establish the Association as the primary entity responsible for
administering Harvest Springs in accordance with the Governing Documents. The Association may exercise
all rights and powers that the Governing Documents and Idaho law expressly grant to it, as well as any
rights and powers that may reasonably be implied under the Governing Documents. It may also take any
action reasonably necessary to effectuate any such right or privilege.
2.3. The Board
On most matters, the Association acts through the Board. However, in some instances the Governing
Documents or applicable law limit the Board's ability to act without the approval of the Association's
members. Unless the Governing Documents or Idaho law specifically provide otherwise, the Board may
exercise the Association's rights and powers without a vote of the membership.
The Board may institute, defend, settle, or intervene on behalf of the Association in mediation, binding
or nonbinding arbitration, litigation, or administrative proceedings in matters pertaining to any Area of
Common Responsibility, as defined in Section 3.1, enforcement of the Governing Documents, or any other
civil claim or action. However, the Board has no legal duty to institute litigation or any other proceeding on
behalf of or in the name of the Association or its members.
In exercising the Association's rights and powers, making decisions on the Association's behalf
(including, without limitation, deciding whether to file a lawsuit or take other legal action under any
circumstances) and conducting the Association's affairs, Board members and the Association's officers are
required to comply with, and shall be judged by, the standards set forth in the By-Laws.
2.4. The Owners
Each Person that holds record title to a Unit, as defined in Section 3.1, is referred to in the Governing
Documents as an "Owner." However, a Person who holds title merely as security for the performance of
an obligation (such as a lender holding a mortgage or similar security instrument), a church or religious
organization that holds title to property used for religious or worship services, and any governmental or
public entity who holds title shall not be considered an "Owner." If a Unit is sold under a recorded contract
of sale, and the contract specifically so states, the purchaser (rather than the holder of fee simple title) will
be considered the Owner. If a Unit has more than one Owner, all Co-Owners are jointly and severally
obligated to perform the responsibilities of the Owner under the Governing Documents.
Every Owner has a responsibility to comply with the Governing Documents and uphold the community
standards described in this Declaration. Each Owner also has an opportunity to participate in the
administration of the Community through membership in the Association and through service to the
Community in various committee and leadership roles, as described in Chapters 3 and 4 and in the By-
Laws.
2.5. Builders
Much of the responsibility and credit for helping to create Harvest Springs rests with the "Builders" -
those Persons who purchase one or more unimproved or improved lots or parcels of land within Harvest
5
Springs for further subdivision or development and resale in the ordinary course of their business. The
Builders have the same privileges and responsibilities as Owners during the time that they own Units for
construction and resale, including the privileges of membership in the Association. In addition, the Founder
may extend any of the rights it has reserved under the Governing Documents with respect to development,
marketing, and sale of property in the Community to such Builders as it may designate.
2.6. Neighborhood Associations
Portions of the Community may be developed under a condominium form of ownership, and may have
special requirements, or in the Founder's discretion may lead the Founder to establish a separate
condominium or owners association to administer additional covenants applicable to that particular area
("Neighborhood Association"). However, nothing in this Declaration requires the creation of a
Neighborhood Association, and the jurisdiction of any Neighborhood Association shall be subordinate to
that of the Association.
Any Neighborhood Association shall be responsible for administering the additional covenants
applicable to the property within its jurisdiction and for maintaining, in accordance with the Community-
Wide Standard, any property which it owns or which its covenants designate as being for the common
benefit of its members.
2.7. Mortgagees
If a Unit, as defined in Section 3.1, is made subject to a mortgage or other form of security instrument
affecting title to a Unit ("Mortgage"), then the holder or beneficiary of that Mortgage ("Mortgagee") also
has an interest in the administration of the Community. The Governing Documents contain various
provisions for the protection of Mortgagees, including those set forth in Chapter 16.
Chapter 3
Community Structure and Organization
The Community consists of parcels of property, referred to as Units, which are intended for the exclusive use of the Owner
and other occupants of such parcel, as well as property that is intended for common use. Units are grouped into
Neighborhoods to facilitate voting on Association matters.
3.1. Designations of Properties Comprising the Community
Units. A "Unit" is a subdivided lot or condominium unit within Harvest Springs depicted as a
separately identified parcel on a recorded subdivision plat, survey, or condominium instrument, which may
be independently owned and conveyed and is zoned or otherwise intended for development, use, and
occupancy as an attached or detached residence for a single family and is sometimes referred to as a
"Residential Unit"
The term "Unit" refers to the land, if any, which is part of the Unit, as well as to any structures or other
improvements on the Unit. In the case of a building within a condominium or other structure containing
multiple dwellings, each dwelling shall be deemed to be a separate Unit. A parcel of land is considered a
single Unit until a subdivision plat, survey, or condominium instrument is recorded subdividing it into more
than one Unit. The term does not include Common Areas, as defined below, common property of any
Neighborhood Association, or property dedicated to the public.
Common Area. Any property and facilities that the Association owns or in which it otherwise holds
possessory or use rights for the common use or benefit of more than one Unit is referred to as "Common
Area." The Common Area also includes any property that the Association holds under a lease and any
easements in favor of the Association.
Limited Common Area. Certain portions of the Common Area may be designated as "Limited
Common Area" and assigned for the exclusive use or primary benefit of less than all Units. Limited
Common Areas might include such things as entry features, recreational facilities, lakes, green space, green
courts, and landscaped medians and cul-de-sacs, among other things.
The Founder may designate property as Limited Common Area and assign it to particular Units on the
recorded plat depicting such property, in the deed conveying such property to the Association, or in the
Supplement by which the property is submitted to the terms of this Charter. At any time during the
6
Development and Sale Period, the Founder may assign use of the same Limited Common Area to additional
Units.
Area of Common Responsibility. All of the properties and facilities for which the Association has
responsibility under the Governing Documents, or for which the Association otherwise agrees to assume
responsibility (including any maintenance obligations), are collectively referred to in the Governing
Documents as the "Area of Common Responsibility," regardless of who owns them. The Area of
Common Responsibility includes all of the Common Area and may also include Units or portions of Units
and property dedicated to the public, such as public rights-of-way, trails, parks, and open spaces. The initial
Area of Common Responsibility is described in Chapter 9.
3.2. Neighborhoods
Units are grouped into "Neighborhoods" to facilitate a system of representative voting on matters
as to which the Governing Documents require approval of the Association's membership. A Neighborhood
may be comprised of any number of Units and may include Units of more than one housing type, as well as
Units that are not contiguous to one another. Each Neighborhood will elect one "Voting Delegate" to cast
the votes allocated to Units in that Neighborhood on matters requiring a vote of the Owners, as described
in Chapter 4.
The Founder initially will assign Units to a specific Neighborhood (by name or other identifying
designation) either in Exhibit "A" or in a Supplement. During the Development and Sale Period, the
Founder may unilaterally record a Supplement, or an amendment to this Charter or any previously recorded
Supplement, to designate or change Neighborhood boundaries. Thereafter, the Board may amend this
Charter or any Supplement to re-designate Neighborhood boundaries; however, the Board may not
combine two or more existing Neighborhoods without the consent of Owners of a majority of the Units in
the affected Neighborhoods.
3.3. Election Districts
The Founder or the Board may designate "Election Districts," consisting of the Units within
one or more Neighborhoods, for the purpose of electing directors to the Board. The By-Laws set forth the
method of establishing Election Districts. The number of Election Districts shall not exceed the total
number of directors on the Board. The purpose of Election Districts is to provide for representation on the
Board by groups with potentially dissimilar interests and to avoid a situation in which particular groups are
able to elect the entire Board due to the number of votes they represent.
Chapter 4
Association Membership and Voting Right
The Association is an entity through which each Owner can participate in the governance and administration of Harvest
Springs. While many powers and responsibilities are vested in the Board in order to facilitate day-to-day management and
operation, the membership and voting rights vested in the Owners allow the Owners to participate in administration of the
Community and influence the outcome of major decisions.
4.1. Membership
The Association initially has two classes of membership: the Owner membership, which is comprised of
all Owners, including Builders, and the Founder membership, which consists solely of the Founder.
Owner Membership. Every Owner is automatically a member of the Association. However, there
shall be only one membership per Unit. Thus, if a Unit has more than one Owner, all co-Owners of the Unit
shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions
on voting set forth below and in the By-Laws. If an Owner is a corporation, a partnership, or other legal
entity, its membership rights may be exercised by any officer, director, partner, or trustee, or by an
individual the Owner designates from time to time in a writing to the Association's Secretary, except that
only the individuals residing in the Unit shall be entitled to use any Common Areas available for use by
Owners.
Founder Membership. The Founder holds the sole Founder membership. The Founder membership
shall terminate two years after expiration of the Founder Control Period, or on such earlier date as the
Founder determines and declares in a recorded instrument.
7
The Founder may, by Supplement, create additional classes of membership comprised of the owners of
Units within any portion of the additional property submitted to this Declaration. The Founder shall specify
in any such Supplement the rights, privileges, and obligations of the members of any class of membership
created by that Supplement.
4.2. Voting
Each Unit is assigned one equal vote, subject to the limitations on voting set forth in this Charter and
the other Governing Documents. No vote shall be exercised for any property exempt from assessment under
Section 12.8. Further, during such time as there is a Founder membership, no vote shall be exercised for
Units that the Founder or a Founder Affiliate owns; rather, the Founder's consent shall be required for
various actions of the Board, the membership, and committees, as specifically provided elsewhere in the
Governing Documents.
Due to the number of Units that may be developed in Harvest Springs, the Governing Documents
provide for a representative system of voting. The Owners of Units in each Neighborhood elect "Voting
Delegate" and an alternative Voting Delegate, in the manner provided in the By-Laws, to cast the votes of
all Units in the Neighborhood on matters requiring a vote of the membership, except where the governing
documents specifically require a vote of the Owners. However, until such time as the Board first calls for
election of a Voting Delegate for a particular Neighborhood, each Owner of a Unit in such Neighborhood
shall be considered a "Voting Delegate" and may personally cast the vote allocated to such Owner's Unit on
any issue requiring a vote of the Voting Delegates under the Governing Documents.
Association Membership and Voting Rights
The Voting Delegate or, in his or her absence, the alternative Voting Delegate, attends Association
meetings and casts all votes allocated to Units in the Neighborhood that he or she represents on any matters
as to which such Voting Delegate is entitled to vote under the Governing Documents. A Voting Delegate
may vote all votes it is entitled to cast in its discretion and may, but need not, poll the Owners of Units in
the Neighborhood which he or she represents prior to voting. On any matter, other than election of
directors, for which a Voting Delegate is entitled to cast more than one vote, the Voting Delegate may cast
all such votes as a block or split them but shall not be entitled to fractionalize any single vote.
Voting Delegates are subordinate to the Board, and their responsibility and authority does not
extend to policymaking, supervising, or otherwise being involved in Association governance beyond voting
on matters put to a vote of the membership.
In any situation in which an Owner is entitled personally to exercise the vote for his or her Unit, if
there is more than one Owner of a Unit, the vote for such Unit shall be exercised as the co-Owners holding
a majority of the ownership interest in the Unit determine among themselves. Any co-Owner may cast the
vote for the Unit and majority agreement shall be conclusively presumed unless another co-Owner of the
Unit protests promptly to the President or other person presiding over the meeting or the balloting, in the
case of a vote taken outside of a meeting. In the absence of majority agreement, the Unit's vote shall be
suspended if two or more co-Owners seek to exercise it independently.
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PART TWO: COMMUNITY STANDARDS
Chapter 5
Architecture, Landscaping, and Aesthetic Standards
The Community derives its unique character from a mix of architectural styles and from the cooperation of all Builders
and Owners in upholding minimum design, landscaping, and aesthetic standards. This chapter explains how those
standards are established and how they are applied and maintained through a process requiring prior approval for
construction on and exterior modifications to improvements on Units.
5.1. General
All site work, landscaping, structures, improvements, and other items placed on a Unit in a manner or
location visible from outside of any existing structures on the Unit ("Improvements") are subject to
standards for design, landscaping, and aesthetics adopted pursuant to this chapter ("Design Guidelines")
and the approval procedures set forth in this chapter, except as this chapter or the Design Guidelines may
otherwise specify.
No prior approval is necessary to repaint the exterior of existing structures using the most recently
approved color scheme or to rebuild or restore any damaged structures in a manner consistent with the
plans and specifications most recently approved for such structures. Generally, no approval is required for
work done to the interior of a structure; however, modifications to the interior of screened porches, patios,
and any other portions of a structure visible from outside of the structure do require prior approval.
Any dwelling constructed on a Unit shall be designed by and built in accordance with plans and
specifications by a licensed contractor unless the Founder or its designee in its sole discretion otherwise
approves.
Approval under this chapter is not a substitute for any approvals, inspections, or reviews required by the
County, the City, or any governmental agency or entity having jurisdiction over architectural or construction
matters.
This chapter shall not apply to the Founder's or any Founder Affiliate's design and construction activities
or to the Association's activities during the Founder Control Period.
5.2. Design Review Authority
Initially, the Founder reviews applications for proposed Improvements and determines whether they
should be approved. Thereafter, the Board of Directors will appoint a Design Review Committee to review
applications for proposed improvements. The Founder or the Design Review Committee is referred to as
the "Reviewer." The Reviewer sets fees for reviewing applications.
(a) Founder. The Founder shall have exclusive authority to review and act upon all applications for
review of proposed Improvements until the later of (i) the expiration of the Development and Sale Period,
or (ii) such time as all Units planned for the property described in Exhibits "A" and "B" have been improved
with dwellings for which a certificate of occupancy has been issued. The Founder may designate one or more
persons to act on its behalf in reviewing any application. In reviewing and acting upon any request for
approval, the Founder and its designee act solely in the Founder's interest and owe no duty to any other
Person.
From time to time, the Founder may delegate any or all of its rights under this chapter to other Persons
or committee, including the committee appointed pursuant to Section 5.2(b). Any such delegation shall be
in writing, shall specify the scope of responsibilities delegated, and shall be subject to (i) the Founder's right
to revoke delegation at any time and reassume its prior control, and (ii) the Founder's right to veto any
decision which it determines, in its discretion, to be inappropriate or inadvisable. So long as the Founder
has any rights under this chapter, the jurisdiction of others shall be limited to such matters as the Founder
specifically delegates.
(b) Design Review Committee. Upon the Founder's delegation of authority pursuant to Section
5.2(a), or upon expiration or termination of the Founder's rights under this chapter, the Board shall appoint
a Design Review Committee ("Design Review Committee" or "DRC") to assume jurisdiction over
matters within the scope of the delegated authority or this chapter, respectively. The DRC shall consist of
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at least three, but not more than seven, persons, who shall serve and may be removed and replaced in the
Board's discretion. DRC members need not be Owners or representatives of Owners. The DRC may, but
need not, include architects, engineers, or similar professionals. The Association may compensate DRC
members in such manner and amount, if any, as the Board may determine appropriate.
Until expiration of the Founder's rights under this chapter, the DRC shall notify the Founder in writing
within three business days of any action (i.e., approval, partial approval, or disapproval) it takes under this
chapter. A copy of the application and any additional information the Founder may require shall accompany
the notice. The Founder shall have 10 business days after receipt of such notice to veto any such action, in
its discretion, by written notice to the DRC.
Unless and until such time as the Founder delegates all or a portion of its reserved rights to the DRC or
the Founder's rights under this chapter terminate, the Association shall have no jurisdiction over
architectural matters.
(c) Reviewer. For purposes of this chapter, the entity having jurisdiction in a particular case shall be
referred to as the “Reviewer.”
(d) Fees; Assistance. The Reviewer may establish and charge reasonable fees for its review of
applications and may require that such fees be paid in advance. Such fees may also include reasonable costs
incurred in having professionals review any application. The Board may include the compensation of such
persons in the Association's annual operating budget.
5.3. Guidelines and Procedures
The purpose of the Design Guidelines is to maintain a consistent character and quality of appearance
for the Improvements within the community and to ensure that Improvements are constructed in an orderly
manner. The Design Guidelines may describe what types of building materials and design elements are
preferred and others that are discouraged. The Design Guidelines may also provide a specific procedure for
submitting applications for proposed Improvements and describe how to carry out the construction of the
Improvements once approval has been received.
(a) Design Guidelines. The Founder may prepare the initial Design Guidelines, which may contain
general provisions applicable to all of Harvest Springs as well as specific provisions that vary among uses,
housing types, or locations within the Community. The Design Guidelines are intended to provide guidance
to Owners, Builders, and contractors regarding matters of particular concern to the Reviewer. The Design
Guidelines are not the exclusive basis for the Reviewer's decisions, and compliance with the Design
Guidelines does not guarantee approval.
The Founder shall have sole and full authority to amend the Design Guidelines for so long as it has
review authority under Section 5.2(a). The Founder's right to amend the Design Guidelines shall continue
even if it delegates reviewing authority to the DRC, unless the Founder also delegates the power to amend
to the DRC. Upon termination or delegation of the Founder's right to amend, the DRC may amend the
Design Guidelines with the Board's consent.
Amendments to the Design Guidelines shall apply prospectively only. They shall not require
modifications to or removal of any structures previously approved once the approved construction or
modification has begun. However, any new work on such structures must comply with the Design
Guidelines as amended. There shall be no limitation on the scope of amendments to the Design Guidelines,
and such amendments may eliminate requirements previously imposed or otherwise make the Design
Guidelines less restrictive.
The Reviewer shall make the Design Guidelines available to Builders, Owners, and their contractors
upon request. By the Founder's discretion, such Design Guidelines may be recorded, in which event the
recorded version, as it may be amended from time to time, shall control in the event of any dispute as to
which version of the Design Guidelines was in effect at any particular time.
Procedures. Unless the Design Guidelines provide otherwise, no activities within the scope of this chapter
(as described in Section 5.1) may begin on any property within Harvest Springs until a written application
is submitted to and approved by the Reviewer. The application must be accompanied by plans and
specifications, which shall show, as applicable, site layout, structural design, exterior elevations, exterior
materials and colors, landscaping, drainage, exterior lighting, irrigation, and such other information as the
Reviewer or the Design Guidelines require.
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In reviewing each application, the Reviewer may consider any factors it deems relevant, including,
without limitation, harmony of the proposed external design with surrounding structures and environment.
Decisions may be based on purely aesthetic considerations. Each Owner acknowledges that such
determinations are purely subjective and that opinions may vary as to the desirability and/or attractiveness
of particular improvements.
The Reviewer shall have the sole discretion to make final, conclusive, and binding determinations on
matters of aesthetic judgment, and such determinations shall not be subject to the procedures in Chapter
19 or judicial review so long as they are made in good faith and in accordance with required procedures.
The Reviewer shall make a determination on each application after receipt of a completed application
with all required information. The Reviewer may permit or require that an application be submitted or
considered in stages, in which case a final decision shall not be required until after the final, required
submission. The Reviewer may (i) approve the application with or without conditions; (ii) approve a portion
of the application and disapprove other portions; or (iii) disapprove the complete application.
The Reviewer shall notify the applicant in writing of the final determination on any application no later
than 30 business days after its receipt of a completed application and all required submissions; however,
with respect to any DRC determination subject to the Founder's veto right under Section 5.2(b), the
Reviewer shall notify the applicant of the final determination within 40 business days after its receipt of the
final determination and all required submissions. Notice shall be deemed given at the time the envelope
containing the response is deposited in the U.S. mail. Hand delivery, facsimile, electronic mail, or similar
delivery of such written notice also shall be sufficient and shall be deemed given at the time of confirmed
delivery to the applicant.
If the Reviewer fails to respond in a timely manner, approval shall be deemed given. However, no
approval, whether expressly granted or deemed granted, shall be inconsistent with the Design Guidelines
unless a written variance has been granted pursuant to Section 5.5.
As part of any approval, the Reviewer may require that construction commence within a specified time
period. If construction does not commence within the required period, the approval shall expire, and the
Owner must reapply for approval before commencing any activities. Once construction is commenced, it
shall be diligently pursued to completion. All work shall be completed within one year of commencement
unless otherwise specified in the notice of approval or unless the Reviewer, in its discretion, grants an
extension in writing. The Reviewer may exempt certain activities from the application and approval
requirements of this chapter if such activities are undertaken in compliance with the Design Guidelines and
the Community-Wide Standard.
Appeals Process. After the Board's appointment of the DRC, an applicant may appeal any disapproval
of its application to the Board. To request an appeal, the applicant must submit to the Association's
Secretary, no later than 15 days after the delivery of the notification of disapproval, a copy of the original
application, the notification of disapproval, and a letter requesting review of the decision. The appeal
request shall also contain a response to any specific concerns or reasons for disapproval listed in the
notification of disapproval. The Board may (i) affirm the DRC's decision, (ii) affirm a portion and overturn
a portion of the DRC's decision, or (iii) overturn the DRC's entire decision. The Board shall notify the
applicant and the DRC in writing of its decision no later than 30 days after its receipt of the request for
appeal with all required information. The Board's decision shall include a description of its reasons for
overturning the DRC's decision. During the appeal process the Owner shall not commence any work
requiring approval hereunder.
5.4. No Waiver of Future Approvals
The people reviewing applications under this chapter will change from time to time, and opinions on
aesthetic matters, as well as interpretation and application of the Design Guidelines, may vary accordingly.
It may not always be possible to identify objectionable features until work is completed. In such cases, the
Reviewer may elect not to require changes to objectionable features. However, the Reviewer may refuse to
approve similar proposals in the future. Approval of applications or plans shall not constitute a waiver of
the right to withhold approval as to any similar applications, plans, or other matters subsequently or
additionally submitted for approval.
5.5. Variances
When unusual circumstances exist that make it difficult or impossible to comply with a particular
requirement of the Design Guidelines, the Owner may file a request with the Reviewer to be excused from
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complying with such requirement. The Reviewer has the discretion to determine when a variance is
appropriate.
The Reviewer may authorize variances from compliance with any of the Design Guidelines and any
procedures when it determines that circumstances such as topography, natural obstructions, hardship, or
aesthetic or environmental considerations justify such a variance, however, the Reviewer shall under no
circumstances be obligated to grant variances. No variance shall (a) be effective unless in writing; (b) be
contrary to this Declaration; or (c) prevent the Reviewer from denying a variance in other circumstances. A
variance requires the Founder's written consent during the Development and Sale Period and, thereafter,
requires the Board's written consent.
5.6. Limitation of Liability
This chapter establishes standards and procedures as a mechanism for maintaining and enhancing the
overall aesthetics of Harvest Springs; they do not create any duty to any Person. Review and approval of
any application pursuant to this chapter may be based purely on aesthetic considerations. The Reviewer is
not responsible for the structural integrity or soundness of approved construction or modifications; for
compliance with building codes and other governmental requirements; or for ensuring that all dwellings
are of comparable quality, value, size, or design or are aesthetically pleasing or otherwise acceptable to other
Owners.
The Founder, Founder Affiliates, the Association, its officers, the Board, any committee, and any
member of any of the foregoing shall not be liable for (a) soil conditions, drainage, or other general site
work; (b) any defects in plans revised or approved hereunder; (c) any loss or damage arising out of the
action, inaction, integrity, financial condition, or quality of work of any contractor or its subcontractors,
employees, or agents, whether or not the Founder has approved or featured such contractor as a Builder;
(d) any injury, damages, or loss arising out of the manner or quality or other circumstances of approved
construction on or modifications to any Unit; or (e) any injury, damage, or loss arising out of an earthquake,
Act of God, or any other natural disaster. In all matters, the Association shall defend and indemnify the
Board, the DRC, and the members of each, as provided in the By-Laws.
5.7. Certificate of Compliance
Any Owner may request in writing that the Reviewer issue a certificate of compliance certifying that
there are no known violations of this chapter or the Design Guidelines. The Association shall either grant
or deny such written request within 30 days after receipt and may charge a reasonable administrative fee.
Issuance of such a certificate shall prevent the Association from taking enforcement action against an
Owner for any condition known to the Association on the date of such certificate.
Chapter 6
Maintenance, Repair, and Replacement
One of the benefits of owning property in a planned community is the commitment among neighbors to maintain their
property in a neat, attractive, and well landscaped condition to enhance the overall beauty and aesthetic appeal of the
community. This chapter describes the Owners' responsibilities for maintenance and repair of their Units and for insuring
their Units against property damage so that funds will be available for repair and restoration if needed.
6.1. Maintenance by Owners
Each Owner shall maintain his or her Unit, including all structures, landscaping, and other
improvements comprising the Unit, and the City shall maintain any property within Harvest Springs that
it owns or controls in a manner consistent with the Governing Documents and the community wide
standard, unless such maintenance responsibility is otherwise assumed by or assigned to the Association
or a Neighborhood Association pursuant to this Charter, any Supplement, or by law.
Each Owner shall also be responsible for maintaining and irrigating the landscaping within that portion
of any adjacent Common Area or public or private right-of-way lying between the Unit boundary and any
wall, fence, or curb located on the Common Area or public or private right-of-way within 12 feet of the Unit
boundary; provided, trees within the area may be maintained with the City, or the Association's irrigation
system, if one is provided. However, Owners may not remove or replace trees, shrubs, or similar vegetation
from this area without prior approval pursuant to Chapter 5.
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6.2. Maintenance of Neighborhood Association Property
A Neighborhood Association shall maintain its common property and any other property for which it
has maintenance responsibility in a manner consistent with the Governing Documents and all applicable
covenants.
Any Neighborhood Association shall also be responsible for maintaining and irrigating the landscaping
within that portion of any adjacent Common Area or public right-of-way lying between the boundary of its
common property and any wall, fence, or curb located on the Common Area or public right-of-way within
12 feet of its boundary. A Neighborhood Association shall not remove or replace trees, shrubs, or similar
vegetation from this area without prior approval pursuant to Chapter 5.
6.3. Maintenance by the Association
The Association shall maintain the Area of Common Responsibility in a manner consistent with the
Governing Documents, as further described in Section 9.2.
The Association may also assume maintenance responsibility for property in any Neighborhood
Association, either upon designation of the Neighborhood Association as a Service Area pursuant to Section
3.4 or upon the Board's determination, pursuant to Chapter 8, that the level and quality of maintenance
then being provided is not consistent with the Community-Wide Standard. The Association need not treat
all similarly situated Neighborhood Associations the same.
6.4. Responsibility for Repair and Replacement
Unless otherwise specifically provided in the Governing Documents or in other instruments creating
and assigning maintenance responsibility, responsibility for maintenance shall include responsibility for
repair and replacement necessary to maintain the property to a level consistent with the Community-Wide
Standard.
Each Owner shall carry property insurance for the full replacement cost of all insurable improvements
on his or her Unit, less a reasonable deductible, unless either a Neighborhood Association (if any) or the
Association carries such insurance (which they may but are not obligated to do). If the Association assumes
responsibility for insuring a Unit, the premiums for such insurance shall be levied as a Specific Assessment
against the benefited Unit and the Owner.
Within 90 days after any damage to or destruction of a structure on a Unit, the Owner shall promptly
repair or reconstruct the structure in a manner consistent with the original construction or such other plans
and specifications as are approved pursuant to Chapter 5 unless the Board, in its discretion, agrees to extend
such period. Alternatively, the Owner shall clear the Unit of debris and maintain it in a neat and attractive
landscaped condition consistent with the Community-Wide Standard. The Owner shall pay any costs that
insurance proceeds do not cover.
Additional recorded covenants applicable to any Neighborhood Association or Service Area may
establish additional insurance requirements and more stringent standards for rebuilding or reconstructing
structures on Units and for clearing and maintaining the Units in the event the structures are not rebuilt or
reconstructed.
This section shall apply to a Neighborhood Association with respect to common property of the
Neighborhood Association in the same manner as if the Neighborhood Association was an Owner and the
common property was a Unit.
6.5. Maintenance and Repair of Party Walls and Similar Structures
Except as may otherwise be provided by law, a written agreement between Owners of adjacent Units, or
other recorded documents applicable to adjacent Units:
(a) Each wall, fence, driveway, or similar structure built as part of the original construction on the
Units that serves and/or separates any two adjoining Units shall be considered a party structure. The cost
of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who use
the party structure.
(b) If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such
damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used
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the structure may restore it. If other Owners thereafter use the structure, they shall contribute to the
restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a
larger contribution from the other users under any rule of law regarding liability for negligent or willful acts
or omissions.
(c) The right to and the obligation of contribution for party walls and similar structures between
Owners, as provided in this section, shall be appurtenant to the land and shall pass to such Owner's
successor-in-title.
(d) To the extent not inconsistent with the provisions of this section, the general rules of law regarding
party walls and liability for property damage due to negligence or willful acts or omissions shall apply to
any party structure. Any dispute concerning a party structure shall be subject to the provisions of Chapter
19.
6.6. Maintenance of Alleys
Access to certain Units within the Community shall be provided by shared alleys located adjacent to the
boundaries of the Units so served. The alleys shall be dedicated to the City as public streets under the
jurisdiction and control of the City. In the case the City fails to maintain the alleys in a manner consistent
with the Governing documents, the Association may maintain the alleys in a manner consistent with the
Governing documents and the Community-Wide Standard, as further described in Section 9.2.
All costs associated with the routine maintenance, repair, and replacement of alleys shall be allocated
among the Units served by such alley and assessed against such Units as a Specific Assessment in
accordance with Section 12.4. An alley serves a Unit if the alley provides access to the Unit.
6.7. Maintenance of Irrigation Lines
The lake and any stormwater runoff shall be available for irrigation purposes within Harvest Springs.
The City shall be responsible for the maintenance, repair, and replacement of any irrigation lines or
equipment within Harvest Springs to the boundary of any Unit or any Association common property.
Any irrigation lines installed by an Owner and lines lying solely within or serving only a single Unit or
Common Area shall be the responsibility of the Owner or the Association, as applicable. In addition, each
Owner shall comply with all federal, state and local laws regarding stormwater runoff.
Chapter 7
Use and Conduct
In order to maintain a residential environment that encourages respect for and courtesy among neighbors and
minimizes the potential for disputes, this chapter sets forth basic standards regarding use, occupancy, and transfer of
interests in Units. In addition, it provides a procedure by which the Board and the membership can adopt and change rules
regulating use, conduct, and activities within the Community to address particular needs and desires of the Community over
time.
7.1. Use, Occupancy, and Transfer of Interests in Units
(a) Residential and Related Uses. Units designated as residential units may be used only for
residential and related purposes, except as the Founder may otherwise authorize with respect to
construction, marketing, and sale activities of the Founder and Builders it designates. A business activity
shall be considered "related" to a residential use and thus permitted under this section only if conducted by
a person or persons residing in the Unit and only if the business activity:
(i) is not apparent or detectable by sight, sound, or smell from outside of a permitted structure;
(ii) complies with applicable zoning requirements;
(iii) does not involve regular visitation of the Unit by employees who do not reside in the Unit, or
by clients, customers, suppliers, or other business invitees, or involve door-to-door solicitation within the
Community; and
(iv) does not constitute a nuisance or a hazardous or offensive use, or threaten the security or
safety of others, as the Board determines in its discretion.
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"Business" shall have its ordinary, generally accepted meaning and shall include, without limitation,
any occupation, work, or activity undertaken on an ongoing basis that involves providing goods or services
to Persons other than the family of the producer and for which the producer receives a fee, compensation,
or other form of consideration, regardless of whether (i) such activity is engaged in full or part time; (ii)
such activity is intended to or does generate a profit; or (iii) a license is required.
So long as the business activity does not violate any City ordinance or regulation, the following business
activities may be operated within the residential Unit if such operation is in accordance with the
requirements set forth in subsection (a)(i) through (iv): the practice of law, accounting services, insurance
services, real estate brokerage offices, architecture, or engineering offices, direct sales, computer based
telecommunications and research, literary, artistic or craft activities, and providing education. Other
professional business activities may be operated within the residential Unit if approved by the Board, and
the consent of the Founder during the Founder Control Period. The Board, with the consent of the Founder
during the Founder Control Period, may prohibit previously approved business activities if any such activity
interferes with the residential nature of Harvest Springs or becomes a nuisance.
In addition to any prohibitions set forth in an ordinance of the City, the following activities are
specifically not permitted in a residential Unit: cafes or restaurants; retail discount, or thrift shops; tanning
parlors, massage parlors, and it is prohibited in any unit within Harvest Springs to have any establishment
which offers entertainment or service by nude or partially dressed male or female persons; "adult
entertainment uses," which terms shall mean, for the purposes of this Declaration, any establishment which
shows, previews, or prominently displays, advertises, or conspicuously promotes for sale or rental: (i)
movies, films, videos, magazines, books, or other medium (whether now or hereafter developed) which is
rated "X" by the movie production industry (or any successor rating established by the movie production
industry) or is otherwise of a pornographic or obscene nature; or (ii) sexually explicit games, toys, devices,
or similar merchandise; or commercial overnight lodging. The Board reserves the right, from time to time,
to designate other activities, which shall not be permitted.
Leasing a Unit for residential purposes shall not be considered a "business" within the meaning of this
subsection, provided that the Owner and any other Owners with whom such Owner is affiliated do not
collectively lease or offer for lease more than one Unit at any time. This provision shall not preclude an
institutional lender from leasing a Unit upon taking title following foreclosure of its security interest in the
Unit or upon acceptance of a deed in lieu of foreclosure.
(b) Leasing. For purposes of this Declaration, the terms "Lease" and "Leasing" shall refer to the
regular, exclusive occupancy of a Unit by any Person other than the Owner, for which the Owner receives
any consideration or benefit. Any dwelling that is leased shall be leased only in its entirety; separate rooms,
floors, or other areas within a dwelling may not be separately leased; however, any detached "in-law suite"
or "guest house" approved pursuant to Chapter 5 may be leased separate from the main dwelling.
All leases shall be in writing and shall disclose that the tenants and all occupants of the
leased Unit are bound by and obligated to comply with the Governing Documents. However,
the Governing Documents shall apply regardless of whether such a provision is specifically
set forth in the lease.
Within 10 days of a lease being signed, the Owner of the leased Unit shall notify the Board or the
Association's managing agent of the lease and provide any additional information the Board may reasonably
require. The Owner must give the tenant copies of the Governing Documents. In addition to, but consistent
with this subsection, the Association or the Board may adopt Rules governing leasing and subleasing.
(c) Transfer of Title. Any Owner desiring to sell or otherwise transfer title to his or her Unit shall
give the Board at least seven days' prior written notice of the name and address of the purchaser or
transferee, the date of such transfer of title, and such other information as the Board may reasonably
require. The Person transferring title shall continue to be jointly and severally responsible with the Person
accepting title for all obligations of the Owner, including assessment obligations, until the date upon which
the Board receives such notice, notwithstanding the transfer of title.
(d) Subdivision and Combination of Units. No Person other than the Founder and Builders
whom the Founder may authorize shall subdivide or change the boundary lines of any Unit or combine
Units without the Board's prior written approval. Any such action that the Board approves shall be effective
only upon recording a plat or other legal instrument reflecting the subdivision or new boundaries of the
affected Unit(s). In the absence of such recorded instrument, adjacent Units owned by the same Owner
15
shall continue to be treated as separate Units for purposes of voting and assessment, even though such
Units may be improved with a single dwelling.
(e) Timesharing. No Unit shall be used for operation of a timesharing, fraction sharing, or similar
program whereby the right to exclusive use of the Unit rotates among participants in the program on a fixed
or floating time schedule over a period of years, unless such program is established by the Founder or with
the Founder's prior written approval.
7.2. Rulemaking Authority and Procedures
The Governing Documents establish a framework of covenants and conditions that govern the
Community. The initial Rules attached as Exhibit "D" are a part of that framework. However, within that
framework, the Association must be able to respond to unforeseen issues and changes affecting the
Community. Therefore, the Board and the Voting Delegates are authorized to change the Rules in
accordance with the following procedures, subject to the limitations set forth in Section 7.3.
(a) Board Authority. Subject to the notice requirements in subsection (c) and the Board's duty to
exercise judgment and reasonableness on behalf of the Association and its members, the Board may adopt
new Rules and modify or rescind existing Rules by majority vote of the directors at any Board meeting.
(b) Membership Authority. Subject to the notice requirements in subsection (c), the Voting
Delegates representing a majority of the votes in the Association may also adopt new Rules and modify or
rescind existing Rules at any meeting of the Association duly called for such purpose, regardless of the
manner in which the original Rule was adopted. However, as long as the Founder membership exists, any
such action shall also be subject to the Founder's approval.
(c) Notice. The Board shall send notice to all Owners concerning any proposed Rule change at least
five business days prior to the meeting of the Board or the Voting Delegates at which such action is to be
considered. At any such meeting, Voting Delegates shall have a reasonable opportunity to be heard before
the proposed action is put to a vote.
(d) Effective Date. A Rules change adopted under this section shall take effect 30 days after the date
on which written notice of the Rules change is given to the Owners either via standard mail or electronic
mail.
Since it is impossible to foresee all potential situations and problems that may arise within the
Community, the Board shall have the authority to adopt and modify rules as needed to address new or
changing circumstances.
(e) Conflicts. No action taken under this section shall have the effect of modifying or repealing the
Design Guidelines or any provision of this Declaration other than the Rules. In the event of a conflict
between the Design Guidelines and the Rules, the Design Guidelines shall control. In the event of a conflict
between the Rules and any provision of this Declaration (exclusive of the Rules), the Declaration shall
control. Notwithstanding, neither this Declaration nor the Rules or Design Guidelines shall have limit or
lessen the application or effect of any ordinance or regulation of the City.
7.3. Protection of Owners and Others
Except as may be set forth in this Declaration (either initially or by amendment) or in the initial Rules
set forth in Exhibit "D," all Rules shall comply with the following provisions:
(a) Similar Treatment. Similarly situated Units shall be treated similarly; however, the Rules may
vary by location, use, or other distinct characteristics of areas within Harvest Springs.
(b) Displays. No Rule shall prohibit an Owner or occupant from displaying political, religious, or
holiday symbols and decorations on his or her Unit of the kinds normally displayed in single-family
residential neighborhoods, nor shall any Rule regulate the content of political signs. However, the
Association may adopt time, place, and manner restrictions with respect to signs, symbols, and displays
visible from outside structures on the Unit, including reasonable limitations on size and number.
Notwithstanding the above regulation, an Owner or occupant may display one portable and removable
United States flag on his or her Unit by a bracket or other device mounted to the dwelling, so long as the
flag is displayed in a respectful manner, provided, the Association may adopt reasonable time, place, and
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manner restrictions with respect to the display of the United States Flag, including a reasonable limitation
on size.
(c) Household Composition. No Rule shall interfere with an Owner's freedom to determine
household composition, except that the Association may impose and enforce reasonable occupancy
limitations and conditions based on Unit size and facilities and its fair share use of the Common Area.
(d) Activities Within Dwellings. No Rule shall interfere with the activities carried on within a
dwelling, except that the Association may prohibit activities not normally associated with residential
property. It may also restrict or prohibit activities that create monetary costs for the Association or other
Owners, that create a danger to anyone's health or safety, that generate excessive noise or traffic, that create
unsightly conditions visible from outside the dwelling, or that are an unreasonable source of annoyance.
The Association's authority to impose such Rules shall in no way lessen the effect of any ordinances or
regulations of the City.
(e) Allocation of Burdens and Benefits. No Rule shall alter the allocation of financial burdens
among the various Units or rights to use the Common Area to the detriment of any Owner over that Owner's
objection expressed in writing to the Association. Nothing in this provision shall prevent the Association
from changing the Common Area available, from adopting generally applicable rules for use of Common
Area, or from denying use privileges to those who are delinquent in paying assessments, abuse the Common
Area, or violate the Governing Documents. This provision does not affect the right to increase the amount
of assessments as provided in Chapter 12.
(f) Leasing and Transfer of Units. No Rule shall prohibit leasing or transfer of any Unit or require
approval prior to leasing or transferring a Unit; however, the Rules may require a minimum lease term of
up to 12 months. Minimum lease terms may vary by location, use, or housing type. The Rules may also
require that Owners use Board-approved lease forms (or include specific lease terms), and may impose a
reasonable review or administrative fee in connection with the Board's review of a lease.
(g) Abridging Existing Rights. No Rule shall require that an Owner dispose of personal property
kept in or on a Unit in compliance with the Rules in effect at the time such personal property was brought
onto the Unit. This exemption shall apply only during the period of such Owner's ownership of the Unit and
shall not apply to subsequent Owners who take title to the Unit after adoption of the Rule.
This provision protects the existing personal property of Owners. It is intended to prevent a situation in
which an Owner is forced to get rid of an item that was allowed prior to a change in the Rules.
(h) Reasonable Rights to Develop. No Rule may unreasonably interfere with the ability of the
Founder or any Founder Affiliate to develop, market, and sell property in Harvest Springs.
(i) Interference with Easements. No Rule may unreasonably interfere with the exercise of any
easement.
7.4. Owners' Acknowledgment and Notice to Purchasers
By accepting a deed, each Owner acknowledges and agrees that the use, enjoyment, and marketability
of his or her Unit is limited and affected by the Rules, which may change from time to time. All Unit
purchasers are hereby notified that the Association may have adopted changes to the Rules and that such
changes may not be set forth in a recorded document. A copy of the current Rules and all administrative
policies are available from the Association upon request. The Association may charge a reasonable fee to
cover its reproduction cost.
Chapter 8
Compliance and Enforcement
The covenants, standards, and rules set forth in the Governing Documents are for the benefit of all Owners and occupants
of the Community. However, if they are to have any real meaning, there must be a commitment by the stakeholders in the
Community to comply with them and there must be a mechanism in place to enforce that compliance in the event that
someone fails or refuses to do so. This chapter sets forth the obligation to comply and the remedies available to the
Association for noncompliance.
8.1. Compliance
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All Owners and occupants of Units, as well as their tenants, guests, and other visitors, must abide
by the Governing Documents. If any of them fail or refuse to comply with the Governing Documents, they
may be subject to various penalties, including fines and the loss of the right to use the Common Areas.
Every Owner, occupant, and visitor to a Unit must comply with the Governing Documents and shall be
subject to sanctions for violations as described in this chapter. In addition, each Owner shall be responsible
for, and may be sanctioned for, all violations of the Governing Documents by the occupants, tenants, guests,
or invitees to their Units and for any damage to the Area of Common Responsibility that such Persons may
cause.
8.2. Remedies for Non-Compliance
The Association, the Founder, any Founder Affiliate, and every affected Owner shall have the right to
file suit at law or in equity to enforce the Governing Documents. In addition, the Board may impose
sanctions for violation of the Governing Documents, including those sanctions listed below and any others
described elsewhere in the Governing Documents.
(a) Sanctions Requiring Prior Notice and Hearing. After written notice and an opportunity for
a hearing in accordance with the By-Laws, the Board may:
(i) impose reasonable monetary fines, which shall constitute a lien upon the violator's Unit.
In the event that any occupant, tenant, guest, or invitee of a Unit violates the Governing Documents and a
fine is imposed, the fine may, but need not, first be assessed against the violator; provided, if the fine is not
paid by the violator within the time period set by the Board, the Owner shall pay the fine upon notice from
the Board;
(ii) suspend an Owner's right to vote (except that no hearing is required if the Owner is more
than 90 days delinquent in paying any Base or Special Assessment);
(iii) suspend any Person's right to use any Common Area facilities (A) for any period during
which any charge against such Owner's Unit remains delinquent, and (B) for a period not to exceed 30 days
for a single violation or for a longer period in the case of any continuing violation (except that no hearing is
required if the Owner is more than 60 days delinquent in paying any assessment or other charge owed the
Association); provided, nothing herein shall authorize the Board to limit ingress or egress to or from a Unit;
(iv) suspend services the Association provides (except that no hearing is required if the Owner
is more than 60 days delinquent in paying any assessment or other charge owed to the Association);
(v) exercise self-help or take action to abate any violation of the Governing Documents in a
non-emergency situation (including removing personal property that violates the Governing Documents);
(vi) require an Owner, at its own expense, to remove any structure or improvement on such
Owner's Unit in violation of Chapter 5 and to restore the Unit to its previous condition and, upon failure of
the Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation
and restore the property to substantially the same condition as previously existed, with all charges and fees
associated with such action being charged to the Owner pursuant to Section 12.4, and any such action shall
not be deemed a trespass;
(vii) without liability to any Person, preclude any contractor, subcontractor, agent, employee, or
other invitee of an Owner who fails to comply with the terms and provisions of Chapter 5, including the
Design Guidelines, from continuing or performing any further activities in Harvest Springs;
(viii) levy Specific Assessments to cover costs the Association incurs in bringing a Unit into
compliance with the Community-Wide Standard or other requirements under the Governing Documents;
and
(ix) record a notice of violation with respect to any Unit on which a violation exists.
(b) Other Sanctions. The Board may take the following actions to obtain compliance with the
Governing Documents without prior notice or a hearing:
(i) exercise self-help or take action to abate a violation on a Unit in any situation which
requires prompt action to avoid potential injury or damage or unreasonable inconvenience to other persons
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or their property (specifically including, but not limited to, the towing of vehicles that are in violation of
parking rules and regulations);
(ii) exercise self-help or take action to abate a violation on the Common Area under any
circumstances;
(iii) require an Owner or a Neighborhood Association, at its own expense, to perform
maintenance or to remove any structure or improvement on such Owner's Unit or on the Neighborhood
Association's property, respectively, that is in violation of the Community-Wide Standard or other
requirements under the Governing Documents and to restore the property to its previous condition;
(iv) enter the property and exercise self-help to remove or cure a violating condition if an
Owner or Neighborhood Association fails to take action as required pursuant to subsection (iii) above within
10 days after receipt of written notice to do so, and any such entry shall not be deemed a trespass; or
(v) bringing suit at law for monetary damages or in equity to stop or prevent any violation, or
both.
(c) Additional Powers Relating to Neighborhood Associations. In addition to the foregoing
sanctions, the Association shall have the power to veto any action that a Neighborhood Association proposes
to take if the Board reasonably determines the proposed action to be averse to the interests of the
Association or its Members or inconsistent with the Community-Wide Standard. The Association also shall
have the power to require specific action to be taken by any Neighborhood Association in connection with
its obligations and responsibilities, such as requiring specific maintenance or repairs or aesthetic changes
to be effectuated and requiring that a proposed budget include certain items and that expenditures be made
therefore.
A Neighborhood Association shall take appropriate action required by the Association in a written notice
within the reasonable time frame set by the Association in the notice. If the Neighborhood Association fails
to comply, the Association shall have the right to affect such action on behalf of the Neighborhood
Association and levy Specific Assessments to cover the costs, as well as an administrative charge and
sanctions.
8.3. Board Decision to Pursue Enforcement Action
The decision to pursue enforcement action in any particular case shall be left to the Board's discretion,
except that the Board shall not be arbitrary or capricious in taking enforcement action. For example, the
Board may determine that, in a particular case:
(a) the Association's position is not strong enough to justify taking any or further action;
(b) the covenant, restriction, or rule being enforced is, or is likely to be construed as, inconsistent with
applicable law;
(c) although a technical violation may exist or may have occurred, it is not of such a material nature as
to be objectionable to a reasonable person or to justify expending the Association's resources; or
(d) that it is not in the Association's best interests, based upon hardship, expense, or other reasonable
criteria, to pursue enforcement action.
A decision not to enforce a particular provision shall not prevent the Association from enforcing the
same provision at a later time or prevent the enforcement of any other covenant, restriction, or rule.
8.4. Attorneys Fees and Costs
In any action to enforce the Governing Documents, the prevailing party shall be entitled to recover all
costs, including, without limitation, attorneys’ fees and court costs, reasonably incurred in such action.
8.5. Enforcement of Ordinances
The Association, by contract or other agreement, may enforce applicable city and county ordinances. In
addition, the County or the City may enforce ordinances within Harvest Springs.
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PART THREE: ASSOCIATION OPERATIONS
Chapter 9
Property Management
While it is not the intent of the Founder for the Association to own or manage property within the Community, in the
event that common property is to be owned by the Association, this chapter establishes the Association's obligation to accept
property that the Founder designates as Common Area and to maintain, operate, and insure it, along with certain other
properties, for the benefit of Harvest Springs.
9.1. Acceptance and Control of Association Property
(a) Transfers and Conveyances by Founder. The Founder, its designees, or any Founder
Affiliate may transfer or convey to the Association interests in real or personal property within or for the
benefit of the Community, and the Association shall accept such transfers and conveyances. Such property
may be improved or unimproved and may consist of fee simple title, easements, leases, licenses, or other
real or personal property interests.
Upon the Founder's written request, the Association shall reconvey to the Founder any unimproved real
property that the Founder originally conveyed to the Association for no payment, to the extent conveyed in
error or needed to make minor adjustments in property lines or accommodate changes in the development
plan.
(b) Management and Control. The Association is responsible for management, operation, and
control of the Common Area, subject to any covenants set forth in the deed or other instrument transferring
the property to the Association. The Association may enter into leases, licenses, or operating agreements
with respect to portions of the Common Area, for payment or no payment, as the Board deems appropriate.
The Association may permit use of Common Area facilities by persons other than Owners and occupants of
Units and may charge use fees, in such amount as the Board may establish, for such use.
9.2. Maintenance of Area of Common Responsibility
The Association shall maintain the Area of Common Responsibility (if any) deeded to the Association in
accordance with the Community-Wide Standard. The Area of Common Responsibility includes, but is not
limited to:
(a) the Common Area;
(b) landscaping within public rights-of-way within or abutting Harvest Springs to the extent that
responsible governmental authorities do not maintain it to the Community-Wide Standard; and
(c) such portions of any additional property as may be dictated by the Founder, this Declaration, any
Supplement, or any covenant or agreement for maintenance entered into by, or otherwise binding on the
Association;
(d) any property and facilities that the Founder or any Founder Affiliate owns and makes available, on
a temporary or permanent basis, for the primary use and enjoyment of the Association and its Members.
The Founder shall identify any such property and facilities by written notice to the Association, and they
shall remain part of the Area of Common Responsibility until the Founder revokes such privilege of use and
enjoyment by written notice to the Association;
(e) any facilities designed and operated for the storage of recreational vehicles within the Community,
which may be designated as Limited Common Area; and
(f) any irrigation facility designated by the Founder and utilized for irrigation purposes within Harvest
Springs.
The City shall be responsible for proper functioning of the stormwater drainage system serving the
Community, including maintenance, repair, and replacement, as needed, of pipes, culverts, and other
structures and equipment comprising the system. They shall have no responsibility for landscaping or other
maintenance of Units burdened by stormwater drainage easements unless otherwise specifically set forth
in a Supplement or in a recorded agreement or plat.
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The Association may maintain other property it does not own, including, without limitation, Units,
property dedicated to or owned by the public, or property owned or maintained by a Neighborhood
Association, if the Board determines that such maintenance is necessary or desirable to maintain the
Community-Wide Standard. The Association shall not be liable for any damage or injury occurring on, or
arising out of the condition of, property it does not own except to the extent that it has been negligent in
performing its maintenance responsibilities.
9.3. Discontinuation of Operation
The Association shall maintain the Common Area facilities (if any) in continuous operation unless the
Founder, during the Development and Sale Period, and Voting Delegates representing 75% of the total votes
in the Association, consent in writing to discontinue such operation. This section shall not apply to restrict
the Board's ability to establish reasonable operating hours, which may vary by season, nor to preclude
temporary closures or interruptions in operation as the Board may determine appropriate to perform
maintenance or repairs.
9.4. Restoring Damaged Improvements
In the event of damage to or destruction of portions of the Area of Common Responsibility for which
the Association has insurance responsibility, the Board or its duly authorized agent shall file and adjust all
insurance claims and obtain reliable and detailed estimates of the cost of repairing or restoring the property
to substantially its condition prior to the damage, allowing for changes or improvements necessitated by
changes in applicable building codes.
The Association shall repair or reconstruct damaged Common Area improvements unless the Founder,
during the Development and Sale Period, and Voting Delegates representing at least 75% of the total votes
in the Association, decide within 60 days after the loss not to repair or reconstruct. If the damage is to
Limited Common Area or Units within a Service Area, any decision not to restore the damaged
improvements shall also require the approval of at least 75% of the Owners of Units in the affected Service
Area. If either the insurance proceeds or estimates of the loss, or both, are not available to the Association
within such 60-day period, then the period shall be extended until such funds or information are available.
No Mortgagee shall have the right to participate in determining whether the damage or destruction to the
Common Area shall be repaired or reconstructed.
If a decision is made not to restore the damaged improvements and no alternative improvements are
authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained
by the Association in a neat and attractive condition consistent with the Community-Wide Standard.
The Association shall retain and place in a capital improvements account for the benefit of all Owners,
or the Owners of Units within the affected Service Area, as appropriate, any insurance proceeds remaining
after paying the costs of repair or reconstruction or after such settlement as is necessary and appropriate.
This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Unit.
If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board may,
without a vote of the Voting Delegates, levy Special Assessments to cover the shortfall against those Owners
responsible for the premiums for the applicable insurance coverage under Section 11.4.
9.5. Relationships with Other Properties
The Association may contract with the owner of any neighboring property or with any other owners’
associations to provide for sharing of costs associated with (a) maintenance and operation of mutually
beneficial properties or facilities; or (b) provision of mutually beneficial services.
Chapter 10
Provision of Services
In addition to its property management role, the Association is a vehicle for providing a variety of services for the benefit
of the Community at large and individual Units. This chapter describes some of the services the Association may provide
and the mechanism by which it may provide varying levels and types of services to different areas of the Community.
10.1. Provision of Services to Units
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The Association may arrange for or provide services to Owners and their Units, directly or through
contracts with the Founder or any other third party, including the City and any other governmental entity.
The Association may enter into bulk service agreements by which a particular service is provided to all
Units, or it may offer various services at the option of each Owner, or both. By way of example and not
limitation, such services might include such things as cable television, utilities, fire protection, security,
trash collection, landscape maintenance, pest control, caretaker services and technology services.
Any Association contract for services may require individual Owners or occupants to execute separate
agreements directly with the Persons providing components or services in order to gain access to or obtain
specified services. Such contracts and agreements may contain terms and conditions that, if violated by the
Owner or occupant of a Unit, may result in termination of services provided to such Unit. Any such
termination shall not relieve the Owner of the continuing obligation to pay assessments for any portion of
the charges for such service that are assessed against the Unit as a Common Expense or Service Area
Expense pursuant to Chapter 12.
In its discretion, the Board may discontinue offering particular services and may modify or cancel
existing contracts for services, subject to the contract terms and any provision that may exist elsewhere in
the Governing Documents requiring the Association to provide such services.
10.2. Provision of Services to Service Areas
(a) Service Areas Designated by Founder. The Association shall provide services to Units within
any Service Area designated by the Founder pursuant to Section 3.4 as required by the terms of any
Supplement applicable to the Service Area.
(b) Service Areas Designated by Board. In addition to Service Areas which the Founder may
designate pursuant to Section 3.4, any group of Owners may petition the Board to designate their Units as
a Service Area for the purpose of receiving from the Association (i) special benefits or services which are
not provided to all Units, or (ii) a higher level of service than the Association otherwise provides. Any such
petition shall be signed by Owners of a majority of the Units within the proposed Service Area. Upon receipt
of such petition, the Board shall investigate the terms upon which the requested benefits or services might
be provided and notify the Owners in the proposed Service Area of such terms and the initial fees for
providing the requested service, which may include a reasonable administrative charge. If Owners of at least
67% of the Units within the proposed Service Area approve the proposal in writing, the Board shall
designate the Units as a Service Area and include the fees for such service as a line item in the Service Area
budget pursuant to Section 12.2(c).
10.3. Community Technology
(a) Community Systems. Without limiting the generality of Sections 10.1 and 10.2, the Association
is specifically authorized to provide, or to enter into, or take assignment from the Founder or the Council
and/or assume, contracts with other Persons to provide, in addition to services the Council provides, central
telecommunication receiving and distribution systems (e.g., cable television, high speed
data/Internet/intranet services, and security monitoring) and related components, including associated
infrastructure, equipment, hardware, and software, to serve the Community ("Community Systems").
Any such contracts may provide for installation, operation, management, maintenance and upgrades, or
modifications to the Community Systems as the Board determines appropriate.
The Association shall have no obligation to utilize any particular provider(s). However, except for cause
(as defined by written agreement with the provider), the Association may not, without the Founder's
consent, terminate or refuse to renew any contract entered into during the Founder Control Period.
The Association may charge use fees for any of the Community Systems or the Board may include the
cost of Community Systems in the Association's Common Expense budget and assess it as part of the Base
Assessment, if provided to all Units. If services are provided to less than all of the Units, the Association
may assess such costs as a Service Area Assessment or a Specific Assessment, as appropriate, against only
those Units being provided such service.
(b) Opportunities for Community Interaction. The Association may make use of computers,
the Internet, and expanding technology to facilitate community interaction and encourage participation in
Association activities. For example, the Association may sponsor a community cable television channel,
create and maintain a community intranet or Internet home page, maintain an "online" newsletter or
bulletin board, and offer other technology-related services and opportunities for Owners and residents to
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interact and participate in Association sponsored activities. To the extent Idaho law permits, and unless
otherwise specifically prohibited in the Governing Documents, the Association may send notices by
electronic means, hold Board or Association meetings and permit attendance and voting by electronic
means, and send and collect assessment and other invoices by electronic means.
10.4. Recycling Programs
The Association and/or the Council may establish a recycling program and recycling center, and, in such
event, all Owners and occupants of Units shall support such program by recycling, to the extent reasonably
practical, all materials the recycling program or center is set up to accommodate. The Association may, but
shall have no obligation to, purchase recyclable materials in order to encourage participation, and any
income received as a result of such recycling efforts shall be used to defray the costs of this and other
programs.
10.5. Water Conservation
All Owners acknowledge and understand that Harvest Springs has been developed to recapture some
portions of the stormwater and other water runoff and that such recapture may affect the use and enjoyment
of their Unit. By accepting title to a Unit, each Owner agrees to abide by any and all water conservation
requirements affecting his or her Unit, including, but not limited to, any and all plumbing and system
requirements set forth in the Design Guidelines. Every Owner agrees to cooperate with the Association, and
the City in their compliance with any and all water conservation requirements and agrees to grant access to
the Association to inspect the Unit and to provide any and all documentation requested by the Association
to make such determination.
10.6. Right to Install Water Reclamation Devices
Subject to any City regulations or ordinances, the Founder reserves for itself the right to install, operate,
and maintain water reclamation devices throughout Harvest Springs. Such rights include the reservation of
an easement over Harvest Springs for access, and for installation and maintenance of such devices. This
Section may not be amended without Founder's consent, and the rights created in this Section shall survive
termination of this Declaration.
Each Owner, subject to the Design Guidelines and approval by the DRC, may install a water reclamation
device on his or her Unit for the collection of rain, snow, and other precipitation for use by the Owner. Each
Owner shall be responsible for the installation and maintenance of such device.
10.7. Environmental Preservation
The Association, subject to approval by the Founder, so long as Founder or a Founder Affiliate owns
land subject to the Declaration, is authorized to establish and implement an environmental preservation
program for Harvest Springs which may include, without limitation, designation of certain areas within
Harvest Springs as natural landscape zones, slope maintenance zones, underground storage and recovery
zones, fire buffer zones, and similar special purpose zones in order to enhance and protect the environment
and vegetation within Harvest Springs.
The Association, subject to approval by Founder, so long as Founder or a Founder Affiliate owns any
land subject to this Declaration, shall be authorized to promulgate specific use restrictions within such
zones (including, but not limited to, prohibitions on cutting trees, lighting fires, and irrigation) and to
require Owners within such zones to comply with specific guidelines to minimize or avoid the risk of fire,
erosion, and other environmentally destructive occurrences. The expense of developing, implementing, and
monitoring such environmental preservation programs shall be included in the Association's annual
budget.
Chapter 11
Association Insurance
The Association is responsible for insuring against various types of risks, including property damage, personal injury,
and liability. This chapter describes the minimum types and amounts of coverage that the Association must obtain, the
specific requirements for such policies, and the handling of deductibles and premiums for such insurance. This section is only
applicable if the Association owns property or provides a service that would require insurance.
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11.1. Required Coverages
The Association shall obtain and maintain in effect the following insurance coverage, if reasonably
available, or if not reasonably available, the most nearly equivalent coverage as is reasonably available:
(a) Blanket property insurance covering "risks of direct physical loss" on a "special form" basis (or
comparable coverage by whatever name denominated) for all insurable improvements on
(i) the Common Area;
(ii) other portions of the Area of Common Responsibility, to the extent that the Association has
responsibility for repair or replacement in the event of a casualty; and
(iii) any Service Area, to the extent specified or authorized by any applicable Supplement.
If such coverage is not generally available at reasonable cost, then "broad form" coverage may be
substituted. The limits of Association property insurance policies shall be sufficient to cover the full
replacement cost of the insured improvements under current building ordinances and codes.
In addition, if a Supplement so specifies, the Association shall obtain and maintain property insurance
on the insurable improvements within a Service Area, which insurance shall comply with the above
requirements.
(b) Commercial general liability insurance on the Area of Common Responsibility, insuring the
Association and its Members for damage or injury caused by the negligence of the Association or any of its
Members, employees, agents, or contractors while acting on its behalf. If generally available at reasonable
cost, such coverage shall have a limit of at least $2,000,000.00 per occurrence with respect to bodily injury,
personal injury, and property damage. Such coverage may be provided through a combination of primary
and umbrella policies. However, if additional coverage and higher limits are available at reasonable cost
that a reasonably prudent person would obtain, the Association shall obtain such additional coverages or
limits;
(c) Workers compensation insurance and employer’s liability insurance, if and to the extent required
by law;
(d) Directors and officer’s liability coverage; and
(e) Commercial crime insurance, including fidelity insurance covering all Persons responsible for
handling Association funds in an amount determined in the Board's business judgment but not less than
an amount equal to one-fourth of the annual Base Assessments on all Units plus reserves on hand. Fidelity
insurance policies shall contain a waiver of all defenses based upon the exclusion of Persons serving without
compensation.
The Association shall arrange for an annual review of the sufficiency of its insurance coverage by one or
more qualified Persons, at least one of whom must be familiar with insurable replacement costs in the
Chubbuck area. In the exercise of its business judgment, the Board may obtain additional insurance
coverage and higher limits than this section requires.
11.2. Deductibles
The Association's policies may contain a reasonable deductible, which shall not be subtracted from the
face amount of the policy in determining whether the policy limits satisfy the requirements of Section 11.1.
In the event of an insured loss, the deductible shall be treated as a Common Expense or a Service Area
Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board
reasonably determines, after notice and an opportunity to be heard in accordance with the By-Laws, that
the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees,
or lessees, then the Board may assess the full amount of such deductible against such Owner(s) and their
Units as a Specific Assessment.
11.3. Policy Requirements
All Association policies shall provide for a certificate of insurance to be furnished to the Association and,
upon request, to each Owner.
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To the extent available at reasonable cost and terms, all Association insurance shall:
(a) be written with a company authorized to do business in Idaho that satisfies the requirements of the
Federal National Mortgage Association or such other secondary mortgage market agencies or federal
agencies as the Board deems appropriate;
(b) be written in the name of the Association as trustee for the benefited parties, and, if reasonably and
financially practicable, name the Founder, the Founder Affiliates and their respective officers, directors,
and employees as additional insured parties. All policies shall be for the benefit of the Association and its
members, except that policies on Limited Common Area shall be for the benefit of the Owners of Units
within the Service Area to which the Limited Common Area is assigned and their Mortgagees, as their
interests may appear;
(c) not be brought into contribution with insurance purchased by Owners, occupants, or their
Mortgagees individually;
(d) contain an inflation guard endorsement;
(e) include an agreed amount endorsement, if the policy contains a coinsurance clause;
(f) provide that each Owner is an insured person with respect to liability arising out of such Owner's
status as a member of the Association;
(g) provide a waiver of subrogation against any Owner, any household member of an Owner and the
Founder and any Founder Affiliate, and any of their respective officers, directors, and employees; and
(h) include an endorsement precluding cancellation, invalidation, suspension, or non-renewal by the
insurer on account of any act or omission of one or more Owners, unless acting on the Association's behalf
within the scope of their authority, or on account of any curable defect or violation, without prior written
demand to the Association and allowance of a reasonable time to cure the defect or violation. In addition,
the Board shall use reasonable efforts to secure insurance policies that list the Owners as additional
insured's and provide:
(i) a waiver of subrogation as to any claims against the Association's directors, officers,
employees, and manager;
(ii) a waiver of the insurer's right to repair and reconstruct instead of paying cash;
(iii) an endorsement excluding Owners' individual policies from consideration under any
"other insurance" clause;
(iv) an endorsement requiring at least 30 days' prior written notice to the Association of any
cancellation, substantial modification, or non-renewal;
(v) a cross liability provision; and
(vi) a provision vesting in the Board exclusive authority to adjust losses. However, Mortgagees
having an interest in such losses may not be precluded from participating in the settlement negotiations, if
any, related to the loss.
11.4. Insurance Premiums
Premiums for all Association insurance shall be a Common Expense, unless the Board reasonably
determines that other treatment of the premiums is more appropriate.
Chapter 12
Association Finances
While it is the intention of the Founder to not have association assessments within the development, should the need or
desire arise to have the Association begin to assess properties to be able to meet the demands of any common property or
community service contracts, this chapter will provide for various types of funding to cover expenses that the Association
may incur in exercising its authority and performing its responsibilities under the Governing Documents. The primary
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source of funding is the assessments, which this chapter authorizes the Association to levy against the Units and collect from
the Owner of each Unit. Assessments are secured by a lien on each Unit as described in this chapter.
12.1. Association Expenses
(a) Common Expenses. Except as the Governing Documents otherwise specifically provide, all of
the expenses that the Association incurs, or expects to incur, in connection with the ownership,
maintenance, and operation of the Area of Common Responsibility, and otherwise for the general benefit
of the Owners, are considered "Common Expenses." Common Expenses include such operating reserves
and reserves for repair and replacement of capital items within the Area of Common Responsibility as the
Board finds necessary or appropriate.
Common Expenses shall not include any expenses incurred during the Founder Control Period for initial
development or original construction costs unless Voting Delegates (other than Founder appointees)
representing a majority of the total vote in the Association approve such expenditure.
The characterization of a particular expense as a "Common Expense" shall not preclude the Association
from seeking reimbursement for, or a contribution toward, such expenses from other Persons who may be
responsible for the expenses incurred or for sharing such expenses pursuant to this Declaration, any
Supplement, or any other recorded covenants or agreements.
12.2. Budgeting for and Allocating Association Expenses
(a) Preparation of Budget. At least 60 days before the beginning of each fiscal year, the Board shall
prepare a budget of the estimated Common Expenses for the coming year.
The estimated expenses in each budget shall include, in addition to any operating reserves, a reasonable
contribution to a reserve fund for repair and replacement of any capital items to be maintained as a
Common Expense. In determining the amount of such reserve contribution, the Board shall take into
account the number and nature of replaceable assets, the expected useful life of each, the expected repair
or replacement cost, and the contribution required to fund the projected needs by annual contributions
over the useful life of the asset.
Each budget shall also reflect the sources and estimated amounts of funds to cover such expenses, which
may include any surplus to be applied from prior years, any income expected from sources other than
assessments levied against the Units (including amounts to which the Association is entitled pursuant to
any covenant or agreement to share costs), and the amount to be generated through the levy of Base
Assessments pursuant to subsection (b).
(b) Calculation of Base Assessments. The total budgeted Common Expenses, less any surplus in
the Common Expense budget from prior years and any income anticipated from sources other than
assessments against the Units, shall be allocated equally among all Units subject to assessment under
Section 12.5 and levied as a "Base Assessment."
(c) Notice of Budget and Assessment; Right to Disapprove. The Board shall send a copy of
each applicable budget, together with notice of the amount of the Base Assessment and any Service Area
Assessment to be levied pursuant to such budgets, to each Owner at least 30 days prior to the due date of
the assessments to be levied pursuant to such budget. The Common Expense budget shall automatically
become effective unless disapproved at a meeting by Voting Delegates representing at least 75% of the total
votes in the Association and by the Founder Member, if such exists. Each Service Area budget shall
automatically become effective unless disapproved at a meeting by Owners of at least 67% of the Units
within the Service Area, except that the right to disapprove a Service Area budget shall apply only to those
line items which are attributable to services or benefits requested by the Service Area and shall not apply to
any item which the Governing Documents require to be assessed as a Service Area Expense.
There shall be no obligation to call a meeting for the purpose of considering any budget except, in the
case of the Common Expense budget, on petition of the Voting Delegates as provided for special meetings
in the By-Laws, and in the case of a Service Area budget, on petition of Owners of at least 2/3 of the Units
within the Service Area. Any such petition must be presented to the Board within 10 days after delivery of
the budget and notice of any assessment.
If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any
year, then the budget most recently in effect, increased by 10% shall continue in effect until a new budget is
determined.
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12.3. Special Assessments
The Association may levy "Special Assessments" to cover Common Expenses that are nonroutine,
unanticipated, or in excess of those anticipated in the applicable budget. Except as otherwise specifically
provided in this Declaration, any Special Assessment for Common Expenses shall require the affirmative
vote or written consent of Voting Delegates representing more than 50% of the votes attributable to Units
subject to assessment under Section 12.5 and shall be allocated equally among all such Units.
12.4. Specific Assessments
The Association may levy "Specific Assessments" against a particular Unit as follows:
(a) to cover the costs, including overhead and administrative costs, of providing services to the Unit
upon request of the Owner pursuant to any menu of optional services which the Association may offer
(which might include the items identified in Section 10.1). Specific Assessments for optional services may
be levied in advance of the provision of the requested service;
(b) to cover costs incurred in bringing the Unit into compliance with the Governing Documents or costs
incurred as a consequence of the conduct of the Owner or occupants of the Unit, their agents, contractors,
employees, licensees, invitees, or guests; however, the Board shall give the Unit Owner prior written notice
and an opportunity for a hearing in accordance with the By-Laws, before levying any Specific Assessment
under this subsection (b).
12.5. Authority to Assess Owners; Time of Payment
The Founder hereby establishes, and the Association is hereby authorized to levy assessments as
provided for in this chapter and elsewhere in the Governing Documents. The obligation to pay assessments
shall commence as to each Unit on the first day of the month following: (a) the first anniversary of the date
on which title was transferred to the Unit, except for transfers to a Founder or a Founder Affiliate; or (b)
the date on which a certificate of occupancy is issued for a dwelling on the Unit or the Unit is actually
occupied, whichever first occurs. The first annual Base Assessment, if any, levied on each Unit shall be
adjusted according to the number of months remaining in the fiscal year at the time assessments commence
on the Unit.
Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may
require advance payment of assessments at closing of the transfer of title to a Unit and impose special
requirements for Owners with a history of delinquent payment. If the Board so elects, assessments may be
paid in two or more installments. Unless the Board otherwise provides, the Base Assessment and any
Service Area Assessment shall be due and payable in advance on the first day of each fiscal year. If any
Owner is delinquent in paying any assessments or other charges levied on his Unit, the Board may require
the outstanding balance on all assessments to be paid in full immediately.
12.6. Obligation for Assessments
(a) Personal Obligation. By accepting a deed or entering into a recorded contract to purchase any
Unit, each Owner covenants and agrees to pay all assessments authorized in the Governing Documents. All
assessments, together with interest (computed from its due date at a rate of 10% per annum or such higher
rate as the Board may establish, subject to the limitations of Idaho law), late charges as determined by
Board resolution, costs, and reasonable attorneys’ fees, shall be the personal obligation of each Owner and
a lien upon each Unit until paid in full. Upon a transfer of title to a Unit, the grantee shall be jointly and
severally liable for any assessments and other charges due at the time of conveyance.
The Board's failure to fix assessment amounts or rates or to deliver or mail each Owner an assessment
notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay
assessments. In such event, each Owner shall continue to pay Base Assessments at the rate established for
the last year for which an assessment was made, if any, until a new assessment is levied, at which time the
Association may retroactively assess any shortfall.
No Owner may exempt himself or herself from liability for assessments by non-use of Common Area,
abandonment of his or her Unit, or non-use of services provided to all Units or to all Units within the Service
Area to which the Unit is assigned. The obligation to pay assessments is a separate and independent
covenant on the part of each Owner. No diminution or abatement of assessments or setoff shall be claimed
or allowed for any alleged failure of the Association or Board to take some action or perform some function
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required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or
from any other action it takes.
Upon written request, the Association shall furnish to any Owner liable for any type of assessment a
certificate signed by an Association officer setting forth whether such assessment has been paid. Such
certificate shall be conclusive evidence of payment. The Association may require the advance payment of a
reasonable processing fee for the issuance of such certificate.
(b) Founder's Financial Obligations to Association. The Founder shall be liable for
assessments on any Units it owns that are subject to assessment under this section, except that during the
Founder Control Period, the Founder may satisfy its obligation to pay Base Assessments and Special
Assessments for Common Expenses on Units it owns either by paying such assessments in the same manner
as any other Owner, or by paying (i) any shortfall under the Common Expense budget resulting from events
other than failure of other Owners to pay their assessments, and (ii) any budgeted contributions to reserves
in accordance with the Common Expense budget. Unless the Founder otherwise notifies the Board in
writing at least 30 days before the beginning of each fiscal year, the Founder shall be deemed to have elected
to continue paying on the same basis as during the immediately preceding fiscal year. After termination of
the Founder Control Period, the Founder shall pay Base Assessments on any Units it owns that are subject
to assessment under Section 12.6 in the same manner as any other Owner liable for such assessments.
Regardless of the Founder's election under this section, any of the Founder's financial obligations to the
Association may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by
a combination of these.
12.7. Lien for Assessments
(a) Existence of Lien. The Association shall have a lien against each Unit to secure payment of
assessments, as well as interest, late charges (subject to the limitations of Idaho law), and costs of collection
(including attorney’s fees and expenses). Such lien shall be superior to all other liens, except (a) the liens of
all taxes, bonds, assessments, and other levies which by law would be superior; and (b) the lien or charge
of any recorded Mortgage made in good faith and for value having first priority over any other Mortgages
on the Unit.
Although no further action is required to create or perfect the lien, the Association may, as further
evidence and notice of the lien, execute and record a document setting forth as to any Unit the amount of
the delinquent sums due the Association at the time such document is executed and the fact that a lien exists
to secure the repayment thereof. However, the failure of the Association to execute and record any such
document shall not affect the validity, enforceability, or priority of the lien.
(b) Enforcement of Lien. The Association may bid for the Unit at the foreclosure sale and acquire,
hold, lease, mortgage, and convey the Unit. While a Unit is owned by the Association following foreclosure:
(a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other
Unit shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would
have been charged such Unit had it not been acquired by the Association. The Association may sue for
unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien
securing the same, in addition to pursuing any and all remedies allowed by law to enforce the lien.
(c) Effect of Sale or Transfer. Sale or transfer of any Unit shall not affect the assessment lien or
relieve such Unit from the lien for any subsequent assessments. However, the sale or transfer of any Unit
pursuant to foreclosure of the first Mortgage shall extinguish the lien as to any installments of such
assessments due prior to the Mortgagee's foreclosure. The subsequent Owner of the foreclosed Unit shall
not be personally liable for assessments on such Unit due prior to such acquisition of title. Such unpaid
assessments shall be deemed to be Common Expenses collectible from Owners of all Units subject to
assessment under Section 12.6, including such acquirer, its successors and assigns.
12.8. Exempt Property
The following property shall be exempt from payment of Base Assessments, Service Area Assessments,
and Special Assessments:
(a) All Common Area and such portions of the property owned by the Founder or any Founder Affiliate
as are included in the Area of Common Responsibility;
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(b) Any property dedicated to and accepted by any governmental authority, public school, or public
utility;
(c) Property owned by any Neighborhood Association for the common use and enjoyment of its
members, or owned by the members of a Neighborhood Association as tenants-in-common; and
(d) Any property owned by any religious organization or house of worship.
In addition, the Association may, by resolution, grant exemptions to certain Persons qualifying for tax-
exempt status under Section 501(c) of the Internal Revenue Code so long as such Persons own property
subject to this Declaration for purposes listed in Section 501(c) of the Internal Revenue Code.
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PART FOUR: RELATIONSHIPS WITHIN AND OUTSIDE THE
COMMUNITY
Chapter 13
Easements
The easements created in this chapter establish the rights of Owners to use the Common Area and create various rights
for the benefit of Owners, the Founder, the Association, and others over property within the Community. Some of these rights
are related to development and construction within the Community and on adjacent property, while others relate to the
rights of Association to come upon property of others to fulfill its responsibilities and the interrelationships between the
Community and the owners of adjacent property.
13.1. Easements to Association Common Area (if any)
The Founder grants to each Owner a nonexclusive right and easement of use, access, and enjoyment in
and to the Association owned Common Area. Municipal owned parks shall be governed by the municipality.
This provision applies to association owned common areas, if any, and is subject to:
(a) The Governing Documents and any other applicable covenants;
(b) Any restrictions or limitations contained in any deed conveying such property to the Association
(such conveyance may occur at any time and from time to time at the sole discretion of the Founder);
(c) The Board's right to:
(i) adopt rules regulating Common Area use and enjoyment, including rules limiting the number
of guests who may use the Common Area, and to charge use fees for such use;
(ii) suspend an Owner's right to use Common Area facilities;
(iii) dedicate or transfer all or any part of the Common Area, subject to such approval requirements
as may be set forth in this Declaration;
(iv) impose reasonable membership requirements and charge reasonable admission or other use
fees for the use of any recreational facility situated upon the Common Area;
(v) rent any portion of any clubhouse or other Common Area recreational facilities on an exclusive
or non-exclusive short-term basis to any Person;
(vi) permit use of any recreational facilities situated on the Common Area by the general public,
which use may be subject to admission charges, membership fees, or other user fees established in the
Board's discretion;
(vii) permit use of any Common Area facilities, at such charge or no charge as the Board may
determine appropriate, for the purpose of offering and conducting classes or other activities for interested
Owners and occupants, whether offered on a for profit or nonprofit basis; and
(viii) mortgage, pledge, or hypothecate any or all of its real or personal property as security for
money borrowed or debts incurred, subject to the approval requirements set forth in Section 15.9.
Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees,
and social invitees, as applicable, subject to reasonable Board regulation. An Owner who leases his or her
Unit shall be deemed to have assigned all such rights to the lessee of such Unit for the period of the lease.
13.2. Easements of Encroachment
An encroachment occurs when a person's home, fence, or other structure extends onto his or her
neighbor's property. This section permits minor, inadvertent encroachments to remain.
The Founder grants reciprocal appurtenant easements of encroachment, and for maintenance and use
of any permitted encroachment, between each Unit and any adjacent Common Area and between adjacent
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Units. A permitted encroachment is a structure or fixture that extends unintentionally from one person's
property onto another's a distance of less than three feet, as measured from any point on the common
boundary along a line perpendicular to such boundary. An encroachment easement shall not exist if the
encroachment results from willful and knowing conduct on the part of, or with the knowledge and consent
of, the Person claiming the benefit of such easement.
13.3. Easements for Utilities, Etc.
(a) Installation and Maintenance. During the Development and Sale Period, the Founder
reserves for itself and grants to the Association, the City, and all utility providers, perpetual nonexclusive
easements throughout Harvest Springs (but not through a structure) to the extent reasonably necessary to:
(i) install utilities and infrastructure to serve Harvest Springs, other Community Systems,
security and similar systems, and stormwater and drainage systems;
(ii) install walkways, pathways and trails, streetlights, and signage on property the Founder, a
Founder Affiliate, or the Association owns or within public rights-of-way or easements reserved for such
purpose on a recorded plat;
(iii) inspect, maintain, repair, and replace the utilities, infrastructure, and other improvements
described above; and
(iv) access and read utility meters.
Notwithstanding the above, the Founder reserves the right to deny access to the City, or any utility or
service provider, to the extent permitted by law, or to condition such access on negotiated terms.
(b) Specific Easements. The Founder also reserves the nonexclusive right and power to grant and
record such specific easements consistent with Section 13.3(a) as it deems necessary to develop the property
described in Exhibits "A," "B," and "C." The location of the specific easement shall be subject to the written
approval of the Owner of the burdened property, which approval shall not unreasonably be withheld,
delayed, or conditioned.
(c) Minimal Interference. All work associated with the exercise of the easements described in
subsections (a) and (b) of this section shall be performed so as to minimize interference with the use and
enjoyment of the property burdened by the easement. Upon completion of the work, the Person exercising
the easement shall make reasonable efforts to restore the property, to the extent reasonably possible, to the
condition existing prior to the commencement of the work. The exercise of these easements shall not extend
to permitting entry into the structures on any Unit, nor shall it unreasonably interfere with the use of any
Unit and, except in an emergency, entry onto any Unit shall be made only after reasonable notice to the
Owner or occupant.
13.4. Easements to Serve Additional Property
The Founder hereby reserves for itself and its duly authorized agents, successors, assigns, and
Mortgagees, an easement over the Common Area, if any, for the purposes of enjoyment, use, access, and
development of the property described in Exhibits "B" and "C," whether or not such property is made
subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over
the Common Area for construction of roads and for connecting and installing utilities on such property. The
Person exercising such easement rights shall be responsible for any damage caused to the Common Area as
a result of their actions in connection with development of such property.
If the above easement grants permanent access to any property that is not submitted to this Declaration,
the Founder, or its successors or assigns, shall enter into a reasonable agreement with the Association to
share the cost of maintenance that the Association provides for the benefit of the easement holder. The
shared maintenance costs may include maintenance to or along any roadway providing access to the
benefited property.
13.5. Easements for Maintenance, Emergency, and Enforcement
By this Declaration, the Founder grants to the Association easements over Harvest Springs as necessary
to enable the Association to fulfill its maintenance responsibilities under Section 6.2 and its enforcement
rights under Section 8.2. The Association shall also have the right, but not the obligation, to enter upon any
Unit for emergency, security, and safety reasons; to perform maintenance; to inspect for compliance with
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the Governing Documents; and to enforce the Governing Documents. Any member of the Board and its duly
authorized agents and assignees and all emergency personnel in the performance of their duties may
exercise such right. Except in an emergency situation, entry shall only be during reasonable hours and after
notice to the Owner.
13.6. Easements for Lake and Pond Maintenance and Flood Water
The Founder reserves for itself, the Association, and their respective successors, assigns, and designees,
the City the nonexclusive right and easement, but not the obligation, to enter upon bodies of water and
wetlands located within Harvest Springs and/or the Area of Common Responsibility to:
(a) install, operate, maintain, and replace pumps to supply irrigation water to the Area of Common
Responsibility;
(b) construct, maintain, and repair structures and equipment used for retaining water; and
(c) maintain such areas in a manner consistent with the Community-Wide Standard. The Founder, the
Association, and their respective successors, assigns, and designees shall have an access easement over and
across any portion of Harvest Springs which abuts or contains bodies of water or wetlands, to the extent
reasonably necessary to exercise their rights under this section.
The Founder further reserves for itself, the Association, and their respective successors, assigns, and
designees, a perpetual, nonexclusive right and easement of access and encroachment over the Common
Area and Units (but not the dwellings thereon) adjacent to or within 50 feet of bodies of water and wetlands
within Harvest Springs, in order to
(a) temporarily flood and back water upon and maintain water over such property;
(b) alter in any manner and generally maintain the bodies of water and wetlands within the Area of
Common Responsibility; and
(c) maintain and landscape the slopes and banks pertaining to such areas.
All Persons entitled to exercise these easements shall use reasonable care in and repair any damage
resulting from the intentional exercise of such easements. Nothing herein shall be construed to make the
Founder or any other Person liable for damage resulting from flooding due to weather events or other
natural occurrences.
The Founder further reserves for itself, the Association, and their respective successors, assigns, and
designees, a perpetual nonexclusive right and easement, but not the obligation, to enter upon the Area of
Common Responsibility and such other areas within Harvest Springs as hereafter may be dedicated to the
City or any other governmental entity, to install, construct, operate, maintain, repair, or replace pumps,
pipelines, structures or related equipment for the treatment or cleansing and transportation of
groundwater, irrigation and/or culinary water.
13.7. Easements for Cross-Drainage
All portions of Harvest Springs shall be burdened with easements for natural drainage of stormwater
runoff from other portions of Harvest Springs; provided, no Person shall alter the natural drainage on any
Unit to increase materially the drainage of stormwater onto adjacent portions of Harvest Springs without
the consent of the Owner(s) of the affected property, the Directors, and Founder, as long as it owns any
property described in Exhibit "A" or "B."
13.8. Easement for Installation, Maintenance, and Repair of Solar Power or Wind Energy
Equipment
Founder reserves unto itself, so long as it or a Founder Affiliate owns any property described in Exhibit
"A" or "B", and grants to the Association a perpetual easement for the purpose of access and maintenance
upon, across, over, and under all portions of Harvest Springs to the extent reasonably necessary to install,
replace, repair, and maintain photovoltaics, solar collector panels, equipment, conduits, lines, wind mills,
and anything else necessary for the production and generation of electricity from solar or wind energy.
Founder and/or the Association may assign these rights to any company to provide, install, or otherwise
maintain such solar and/or wind power equipment.
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Any damage to a Unit resulting from the exercise of this easement shall promptly be repaired by, and at
the expense of, the Person exercising the easement. The exercise of this easement shall not unreasonably
interfere with the use of any Unit and, except in an emergency, entry onto any Unit shall be made only after
reasonable notice to the Owner or occupant.
13.9. Easements for Trails, Paths, and Walkways
Certain Units may be subject to an easement permitting public access trails, paths, or walkways within
the boundaries of such Units ("Path Easement"). Any Path Easement shall be shown and described on a
Plat, and no Path Easement shall be newly created on a Unit without the written consent of the Owner.
Founder grants to the Association a perpetual, non-exclusive easement on, over, under, through, and across
any such Path Easement for maintenance purposes and the Owners and occupants of all Units shall have
an easement permitting the use of the Path Easements for the intended purposes. In addition, the public
may be granted similar use rights over any Path Easement. The use of any Path Easement shall be subject
to Board rules and regulations. The Association shall maintain the Path Easements as a Common Expense
in accordance with the Community-Wide Standard.
All work associated with the maintenance of the Path Easement shall be performed in such manner as
to minimize interference with the use and enjoyment of those portions of a Unit lying outside of the Path
Easement. The Association shall use reasonable efforts to confine all work associated with such easement
rights to the Path Easement area; provided, to the extent reasonably necessary to perform such work, access
over other portions of a Unit shall be permitted. Upon completion of any work, the Association shall restore
any disturbed portion of the Unit to the extent reasonably possible to its condition prior to the
commencement of the work.
No Person shall place or construct any improvement or thing within a Path Easement area without the
Association's prior written consent, which consent may be withheld in the Association's discretion, and no
Person shall take any action that otherwise interferes with the exercise of the easement rights provided
under this Section.
Chapter 14
Disclosures and Waivers
This chapter discloses some important information about the Community for the benefit of prospective purchasers of
property in the Community. Each Owner, by accepting a deed to property in the Community, also accepts and agrees to the
matters set forth in this chapter.
14.1. Facilities and Services Open to the Public
Certain facilities and areas within Harvest Springs may be open for use and enjoyment of the public.
Such facilities and areas may include, by way of example: greenbelts, trails and paths, parks, lakes, other
neighborhood spots conducive to gathering and interaction, roads, sidewalks, alleys, and medians. The
Founder may designate such facilities and areas as open to the public at the time the Founder makes them
a part of a recorded plat, or the Board may so designate at any time thereafter.
14.2. Safety and Security
Each Owner and occupant of a Unit, and their respective guests and invitees, shall be responsible for
their own personal safety and the security of their property in Harvest Springs. The Association may, but
shall not be obligated to, maintain or support certain activities within Harvest Springs designed to promote
or enhance the level of safety or security, which each person provides for himself or herself and his or her
property. However, the Association, the Founder, or any Founder Affiliate shall not in any way be
considered insurers or guarantors of safety or security within Harvest Springs, nor shall either be held liable
for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security
measures undertaken.
No representation or warranty is made that any systems or measures, including security monitoring
systems or any mechanism or system for limiting access to Harvest Springs, cannot be compromised or
circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss or
provide the detection or protection for which the system is designed or intended. Each Owner
acknowledges, understands, and shall be responsible for informing any tenants and other occupants of such
Owner's Unit, that the Association, its Board and committees, the Founder, and a Founder Affiliate are not
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insurers or guarantors of security or safety and that each Person within Harvest Springs assumes all risks
of personal injury and loss or damage to property, including Units and the contents of Units, resulting from
acts of third parties.
14.3. Changes in Master Plan
Each Owner acknowledges that Harvest Springs is a master planned community, the development of
which is likely to extend over many years, and agrees that neither the Association nor any Neighborhood
Association shall engage in, or use Association funds to support, any protest, challenge, or other form of
objection to (a) changes in uses, design, layout, or density of property within Harvest Springs, or (b) changes
in the Master Plan or Master Development Agreement, without the Founder's prior written consent; or (c)
changes in the price or price ranges for Units. In addition, each Owner acknowledges that the Founder is
not obligated to submit property shown on the Master Plan to this Declaration. It is the Founder's sole
discretion to submit additional property to this Declaration. Each Owner acknowledges that the Founder,
along with the City, has the absolute right to amend or modify the Master Plan and/or the Master
Development Agreement without the consent of any party, including, without limitation, any Owner, the
Association, any Neighborhood Association, or the Council. Furthermore, no one, including any Owner, the
Association or any Neighborhood Association, or the Council, is a third party beneficiary to the Master
Development Agreement.
14.4. View Impairment
The Founder, any Founder Affiliate, and the Association do not guarantee or represent that any view
over and across the Units, any open space within the Community, or any lake or wetland will be preserved
without impairment. The Founder, the Association, and the Council shall have no obligation to relocate,
prune, or thin trees or other landscaping except to maintain the Community-Wide Standard or as otherwise
required under a separate covenant or agreement. The Association (with respect to the Common Area) and)
the Council (with respect to any property within Harvest Springs owned by the Council) have the right to
add trees and other landscaping from time to time, subject to applicable law. There shall be no express or
implied easements for view purposes or for the passage of light and air.
14.5. Notices and Disclaimers as to Community Systems
Each Owner acknowledges that interruptions in cable television and other Community Systems and
services will occur from time to time. The Founder, Founder Affiliates, or any of their respective successors
or assigns shall not be liable for, and no Community System or service user shall be entitled to refund,
rebate, discount, or offset in applicable fees for, any interruption in Community Systems and services,
regardless of whether or not such interruption is caused by reasons within the service provider's control.
14.6. Relationship with Governmental and Tax-Exempt Organizations
The Association may enter into agreements or contracts with, or grant exclusive and/or non-exclusive
easements over the Common Area to, state or local governments, public utility providers, and non-profit,
tax-exempt organizations for the benefit of the Community, the Association, and the Owners. The
Association may contribute money, real property (including Common Area), personal property, or services
to any such entity. Any such contribution shall be a Common Expense and included as a line item in the
Association's annual budget.
For the purposes of this Section, a "tax-exempt organization" shall mean an entity which is exempt from
federal income taxes under the Internal Revenue Code ("Code"), such as, but not limited to, entities which
are exempt from federal income taxes under Sections 501(c)(3) or 501(c)(4), as the Code may be amended
from time to time.
14.7. Right to Designate Sites for Governmental and Public Interests
For so long as Founder or a Founder Affiliate owns any property described in Exhibit "A" or "B," Founder
may, but is not obligated to, designate sites within the Community for government, education, or religious
activities and interests, including without limitation, fire, police, and utility facilities, schools and
educational facilities, houses of worship, parks, and other public facilities. For property dedicated in
accordance with this Section, the use of portable or temporary buildings shall be prohibited on such
property, and development of the property shall be in accordance with the Design Guidelines as set forth in
Section 5.1. Subject to the approval requirements set forth in Section 19.4, the sites may include Common
Area, in which case the Association shall take whatever action is required to permit such use, including
dedication or conveyance of the site, if so directed by Founder.
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14.8. Use of Reclaimed Water for Irrigation Purposes
Each Owner acknowledges that the development and operation of Harvest Springs include the
implementation of water conservation techniques. As part of these techniques, the Association and the City
have the right to use recycled or reclaimed water and stormwater runoff to irrigate Public Areas and Areas
of Common Responsibility and any property located within Harvest Springs.
14.9. Radio and Telecommunication Towers
Every Owner and occupant of a Unit is hereby advised that radio and telecommunication towers and
related equipment may now or hereafter be located within or in the vicinity of Harvest Springs. The
Founder, any Founder Affiliate, Builders, the Association, or the members, partners, affiliates, officers,
directors, agents or employees of any of the foregoing, shall not be liable for any damage or injury to any
Person or any property arising out of or related to the construction, installation, maintenance, or operation
of or proximity to, radio or telecommunication towers, or any such towers that may now or hereafter be
located in or in the vicinity of Harvest Springs.
Chapter 15
Rights of Lenders
In order to enhance each Owner's ability to obtain financing for the purchase of his or her Unit, this chapter sets forth
various provisions for the benefit of lenders who make mortgage loans and for the benefit of those agencies that guarantee
and insure mortgage loans made by institutional lenders.
The following provisions are for the benefit of holders, insurers, and guarantors of first Mortgages on
Units in Harvest Springs. The provisions of this chapter apply to both this Declaration and the By-Laws,
notwithstanding any other provisions contained therein.
15.1. Notices of Action
An institutional holder, insurer, or guarantor of a first Mortgage that provides a written request to the
Association (such request to state the name and address of such holder, insurer, or guarantor and the street
address of the Unit to which its Mortgage relates, thereby becoming an "Eligible Holder"), will be entitled
to timely written notice of:
(a) Any condemnation loss or any casualty loss that affects a material portion of Harvest Springs or
that affects any Unit on which there is a first Mortgage held, insured, or guaranteed by such Eligible Holder;
and
(b) Any delinquency in the payment of assessments or charges owed by a Unit subject to the Mortgage
of such Eligible Holder, where such delinquency has continued for a period of 60 days, or any other violation
of the Governing Documents relating to such Unit or the Owner or occupant that is not cured within 60
days.
(c) Any lapse, cancellation, or material modification of any insurance policy maintained by the
Association; or
(d) Any proposed action, which would require the consent of a specified percentage of Eligible Holders.
15.2. Special FHLMC Provision
If a condominium has been established in the Community, then so long as required by the Federal Home
Loan Mortgage Corporation, the following provisions apply in addition to and not in lieu of the foregoing.
Unless at least 67% of the first Mortgagees or Voting Delegates representing at least 67% of the total votes
in the Association consent, the Association shall not:
(a) By act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer all or any
portion of the real property comprising the Common Area which the Association owns, directly or indirectly
(the granting of easements for utilities or other similar purposes consistent with the intended use of the
Common Area shall not be deemed a transfer within the meaning of this subsection);
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(b) Change the method of determining the obligations, assessments, dues, or other charges which may
be levied against an Owner of a Unit (a decision, including contracts, by the Board or provisions of any
declaration subsequently recorded on any portion of Harvest Springs regarding assessments for Service
Areas or other similar areas shall not be subject to this provision where such decision or subsequent
declaration is otherwise authorized by this Declaration);
(c) By act or omission change, waive, or abandon any scheme of regulations or enforcement pertaining
to architectural design, exterior appearance, or maintenance of Units and the Common Area (the issuance
and amendment of architectural standards, procedures, rules and regulations, or use restrictions shall not
constitute a change, waiver, or abandonment within the meaning of this provision);
(d) Fail to maintain insurance, as required by this Declaration; or
(e) Use hazard insurance proceeds for any Common Area losses for other than the repair, replacement,
or reconstruction of such property.
First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may
or have become a charge against the Common Area and may pay overdue premiums on casualty insurance
policies or secure new casualty insurance coverage upon the lapse of an Association policy, and first
Mortgagees making such payments shall be entitled to immediate reimbursement from the Association.
15.3. Other Provisions for First Lien Holders
To the extent consistent with Idaho law, if a condominium has been established in the Community, then:
(a) Any restoration or repair of Harvest Springs after a partial condemnation or damage due to an
insurable hazard shall be performed substantially in accordance with this Declaration and the original plans
and specifications unless the approval is obtained of the Eligible Holders of first Mortgages on Units to
which more than 50% of the votes of Units subject to Mortgages held by such Eligible Holders are allocated.
(b) Any election to terminate the Association after substantial destruction or a substantial taking in
condemnation shall require the approval of the Eligible Holders of first Mortgages on Units to which more
than 50% of the votes of Units subject to Mortgages held by such Eligible Holders are allocated.
15.4. Amendments to Documents
The following provisions do not apply to amendments to the Governing Documents or termination of
the Association as a result of destruction, damage, or condemnation pursuant to Section 15.3(a) and (b), or
to the addition of land in accordance with Chapter 16. If a condominium has been established in the
Community, then:
(a) The consent of Voting Delegates representing at least 67% of the total votes in the Association and
of the Founder, so long as it or a Founder Affiliate owns any land subject to this Declaration, and the
approval of the Eligible Holders of first Mortgages on Units to which at least 67% of the votes of Units
subject to a Mortgage appertain, shall be required to terminate the Association.
(b) The consent of the Association representing at least 67% of the total votes in the Association and of
the Founder, so long as it or a Founder Affiliate owns any land subject to this Declaration, and the approval
of Eligible Holders of first Mortgages on Units to which more than 50% of the votes of Units subject to a
Mortgage appertain, shall be required materially to amend any provisions of the Declaration, By-Laws, or
Articles of Incorporation, or to add any material provisions thereto which establish, provide for, govern, or
regulate any of the following:
(i) voting;
(ii) assessments, assessment liens, or subordination of such liens;
(iii) reserves for maintenance, repair, and replacement of the Common Area;
(iv) insurance or fidelity bonds;
(v) rights to use the Common Area;
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(vi) responsibility for maintenance and repair of property in Harvest Springs; expansion or
contraction of Harvest Springs or the addition, annexation, or withdrawal of property to or from the
Association's jurisdiction;
(vii) boundaries of any Unit;
(viii) leasing of Units;
(ix) imposition of any right of first refusal or similar restriction of the right of any Owner to sell,
transfer, or otherwise convey his or her Unit;
(x) establishment of self-management by the Association where professional management has
been required by an Eligible Holder; or
(xi) any provisions included in the Governing Documents, which are for the express benefit of
holders, guarantors, or insurers of first Mortgages on Units.
15.5. No Priority
No provision of this Declaration or the By-Laws gives or shall be construed as giving any Owner or other
party priority over any rights of the first Mortgagee of any Unit in the case of distribution to such Owner of
insurance proceeds or condemnation awards for losses to or a taking of the Common Area.
15.6. Notice to Association
Upon request, each Owner shall be obligated to furnish to the Association the name and address of the
holder of any Mortgage encumbering such Owner's Unit.
15.7. Failure of Mortgagee to Respond
Any Mortgagee who receives a written request from the Board to respond to or consent to any action
shall be deemed to have approved such action if the Association does not receive a written response from
the Mortgagee within 30 days of the date of the Association's request, provided such request is delivered to
the Mortgagee by certified or registered mail, return receipt requested.
15.8. Construction of Chapter 15
Nothing contained in this chapter shall be construed to reduce the percentage vote that must otherwise
be obtained under this Declaration, the By-Laws, or Idaho law for any of the acts set out in this chapter.
15.9. HUD/VA Approval
As long as there is a Founder Member, the following actions may require the prior approval of the U.S.
Department of Housing and Urban Development ("HUD") or the U.S. Department of Veterans Affairs
("VA"), if either such agency is insuring or guaranteeing the Mortgage on any Unit: merger, consolidation,
or dissolution of the Association; annexation of additional property other than that described in Exhibit
"B"; dedication, conveyance (other than to correct errors on property descriptions or other inconsequential
or immaterial conveyances), or mortgaging of Common Area; or material amendment of this Declaration
or the By-Laws.
Notwithstanding anything to the contrary in this chapter, the Association, acting through the Board,
may grant easements over the Common Area for installation and maintenance of utilities and drainage
facilities and for other purposes not inconsistent with the intended use of the Common Area, without the
approval of the membership, or HUD or VA.
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PART FIVE: COMMUNITY DEVELOPMENT
Chapter 16
Expansion of the Community
Due to the need to pace development to the needs of the Community and the market demand for Units or Common Areas,
the Community may be developed in phases. The Founder or the Association may expand the initial property submitted to
the Declaration as set forth in this chapter.
16.1. Expansion by Founder
From time to time, the Founder may submit to the terms of this Declaration all or any portion of the
property described in Exhibits "B" and "C" by recording a Supplement describing the additional property
to be submitted. The Founder may record such a Supplement without the consent of any Person except the
owner of such property, if not the Founder.
The Founder's right to expand Harvest Springs under this section expires when all property described
in Exhibits "B" and "C" has been submitted to this Declaration or 30 years after this Declaration is recorded,
whichever is earlier. Until then, the Founder may transfer or assign this right to a Founder Affiliate or any
Person who is the developer of at least a portion of the real property described in Exhibit "A,""B," or "C."
Any such transfer shall be described in a recorded instrument executed by the Founder.
Nothing in this Declaration shall require the Founder or any successor to submit additional property to
this Declaration or to develop any of the property described in Exhibit "B" or "C" in any manner whatsoever.
16.2. Expansion by the Association
The Association also may submit additional property to this Declaration by recording a Supplement
describing the additional property. Any Supplement which the Association records must be approved by
Voting Delegates representing more than 50% of the total votes in the Association at a meeting duly called
for such purpose and by the owner of the property to be submitted. In addition, during the Development
and Sale Period, the Founder's consent is required. The Association's President and Secretary, the owner of
the property, and the Founder, if the Founder's consent is required, shall sign the Supplement.
16.3. Additional Covenants and Easements
Any Supplement that the Founder records may impose additional covenants and easements on the
property described in such Supplement, such as covenants obligating the Association to maintain and
insure such property and authorizing the Association to recover its costs through Assessments. Such
provisions may be included in a Supplement submitting new property to this Declaration or may be set
forth in a separate Supplement applicable to property previously submitted to this Declaration. If someone
other than the Founder owns the property, then the Supplement must be signed by such owner evidencing
such owner's consent. Any Supplement may add to, create exceptions to, or otherwise modify the terms of
this Declaration as it applies to the property described in the Supplement, in order to reflect the different
character and intended use of such property.
16.4. Effect of Filing a Supplement
A Supplement shall be effective upon recording unless otherwise specified in the Supplement. On the
effective date of the Supplement, any additional property made subject to this Declaration shall be assigned
voting rights in the Association and assessment liability in accordance with the provisions of this
Declaration.
16.5. Unit Conversions
In the event that any development or building now or hereafter constructed within Harvest Springs
is used or operated for nonresidential purposes, such as retail, office, or other commercial uses, and such
development is later converted or operated for residential purposes, the owner of such property may submit
such property to the provisions of this Document by recording a Supplement describing the property and
specifically submitting it to the terms of this Document. Such Supplement shall not require the consent of
the Association but shall require the signature of an officer of the Association acknowledging it. In addition,
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the Founder's prior written consent shall be necessary so long as the Founder or a Founder Affiliate owns
any property described in Exhibit "A" or "B."
Chapter 17
Additional Rights Reserved to the Founder
This chapter reserves various rights to the Founder, in addition to those specifically reserved elsewhere in the Governing
Documents, in order to facilitate the Founder's development and sale of property in the Community, to enable the Founder
to respond to Owners' concerns, and to protect various property rights and other interests of the Founder.
17.1. Withdrawal of Property
During the Development and Sale Period, the Founder may amend this Declaration to remove any
unimproved portion of Harvest Springs from the coverage of this Declaration, provided such withdrawal
does not reduce the total number of Units then subject to the Declaration by more than 10%. "Unimproved"
means that no permanent structure has yet been completed on the property. Such amendment shall not
require the consent of any Person other than the Owner(s) of the property to be withdrawn, if not the
Founder. If the property is Common Area, the Association shall consent to such withdrawal.
17.2. Marketing and Sales Activities
Notwithstanding anything in the Governance Documents to the contrary, during the Development and
Sale Period the Founder and its designees or assigns may construct, use, and maintain upon portions of the
Common Area and other property they own, such facilities and activities as, in the Founder's opinion, may
reasonably be required, convenient, or incidental to the construction or sale of Units. Such permitted
facilities and activities shall include business offices, signs, flags (whether hung from flag poles or attached
to a structure), model homes, sales offices, holding or sponsoring special events, and exterior lighting
features or displays. In addition, if reasonably required, convenient, or incidental to construction or sales
activities, the Founder and its employees, agents, and designees may park vehicles in designated parking
areas.
17.3. Right to Make Improvements, Replat
During the Development and Sale Period, the Founder and its employees, agents, and designees shall
have a right of access and use and an easement over and upon all of the Common Area for the purpose of
making, constructing, and installing improvements, including cellular towers, on the Common Area and to
the Exhibit "B" property as it deems appropriate.
In addition, during the Development and Sale Period, the Founder may replat property that it or a
Founder Affiliate owns and convert Units it or a Founder Affiliate owns into Common Area.
17.4. Right to Approve Changes in Harvest Springs Standards
During the Development and Sale Period, no amendment to or modification of any Rules or Design
Guidelines shall be effective without prior notice to and the written approval of the Founder.
17.5. Additional Covenants and Restrictions
During the Development and Sale Period, no one other than the Founder or a Founder Affiliate may
record any additional covenants or restrictions affecting any portion of the Community without the
Founder's written consent. Any instrument recorded without the required consent shall be void and of no
force and effect.
17.6. Exclusive Rights to Use Name of Development
No Person shall use the name " Harvest Springs " or any derivative of such name or in any logo or
depiction associated with Harvest Springs in any printed or promotional material without the Founder's
prior written consent. However, Owners may use the name " Harvest Springs " in printed or promotional
matter where such term is used solely to specify that particular property is located within Harvest Springs,
and the Association shall be entitled to use the word " Harvest Springs " in its name.
17.7. Community Systems
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The Founder reserves for itself, Founder Affiliates, and its respective successors and assigns, a perpetual
right and easement over all property in Harvest Springs to install and operate such Community Systems as
the Founder, in its discretion, deems appropriate to serve any portion of the Community. Such right shall
include, without limitation, the Founder's right to select and contract with companies licensed to provide
telecommunications, cable television, and other Community Systems services in the region. The Founder
also has the right to charge individual users a reasonable fee not to exceed the maximum allowable charge
for such service, as from time to time is defined by the laws, rules, and regulations of the relevant
government authority, if applicable.
Notwithstanding the above, there is no guarantee or representation that any particular Community
System will be made available.
17.8. Easement to Inspect and Right to Correct
The Founder, or someone it designates, may enter onto any Unit to inspect and correct problems with
the Unit. The Founder must give the Owner of the Unit prior notice, and if entering an enclosed structure
on the Unit, obtain the Owner's prior consent unless it is an emergency.
The Founder reserves for itself and others it may designate the right, but not the obligation, to inspect,
monitor, test, redesign, and correct any structure, improvement, or condition that may exist on any portion
of the property within Harvest Springs, including Units, and a perpetual nonexclusive easement of access
throughout Harvest Springs to the extent reasonably necessary to exercise such right. Except in an
emergency, entry onto a Unit shall be only after reasonable notice to the Owner, and no entry into an
enclosed structure shall be permitted without the Owner's consent. The person exercising this easement
shall promptly repair, at such person's own expense, any damage he or she causes. Nothing in this
paragraph shall relieve an Owner of the responsibility for the maintenance and repair of his or her Unit.
17.9. Right to Notice of Design or Construction Claims
No Person shall retain an expert for the purpose of inspecting the design or construction of any
structures or improvements within Harvest Springs in connection with or in anticipation of any potential
or pending claim, demand, or litigation involving such design or construction unless the Founder and any
builder involved in the design or construction have been first notified in writing and given an opportunity
to meet with the owner of the property to discuss the owner's concerns and conduct their own inspection.
17.10. Development of Open Space
Plans for Harvest Springs identify or may identify certain areas as "Open Space." Founder shall have the
right, in its discretion, to determine appropriate uses for, or improvements that may be constructed on,
such Open Space areas. In addition, for any Open Space owned by the City, the City shall have the right,
with the approval of Founder, to determine appropriate uses for, or improvements that may be constructed
on such Open Space. Appropriate uses or improvements may include, without limitation, signage, walls,
landscaping, conservation, drainage, parks, green areas, pathways, or cellular towers. Open Space areas
may be owned and maintained by the Association or the City.
17.11. Right to Use Common Area for Special Events
As long as Founder or a Founder Affiliate owns any property described in Exhibit "A," "B," or "C,"
Founder may use the Common Area to sponsor special events for charitable, philanthropic, political, or
marketing purposes, subject to the following conditions:
(a) the availability of the facilities at the time requested;
(b) Founder shall pay all costs and expenses incurred and shall indemnify the Association against any
loss or damage resulting from the special event; and
(c) Founder shall return the facilities and personal property used in conjunction with the special event
to the Association in the same condition as existed prior to the special events.
Founder shall have the right to assign its rights to charitable organizations or foundations selected by
Founder. Founder's right to use the Common Area for special events shall be enforceable by injunction, by
any other remedy in law or equity, and by the terms of this Declaration.
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17.12. Right to Stormwater Runoff
Founder reserves for itself and its designees and its assigns all rights to ground water, surface water, and
stormwater runoff located within Harvest Springs, and each Owner agrees, by acceptance of a deed to a
Unit, that Founder shall retain all such rights. Such rights shall include the reservation of an easement over
Harvest Springs for access, and for installation and maintenance of facilities and equipment to capture and
transport such water, and runoff. All such water shall be available for use by Founder, the Association
and/or the City, for irrigation, fire protection, and similar purposes, as such right of use may be designated
by the Founder from time to time. Founder may establish programs for reclamation of stormwater runoff
and wastewater for appropriate uses within or outside Harvest Springs and may require Owners and
occupants of Units to participate in such programs to the extent reasonably practical. No Owner or occupant
of a Unit shall have any right to be compensated for water claimed or reclaimed from his or her Unit.
This Section may not be amended without Founder's consent, and the rights created in this Section shall
survive termination of this Declaration.
17.13. Right to Transfer or Assign the Founder's Rights
Any or all of the Founder's special rights and obligations set forth in this Declaration or the By-Laws
may be transferred in whole or in part to other Persons. However, such a transfer shall not reduce an
obligation or enlarge a right beyond that which Founder has under this Charter or the By-Laws. No such
transfer or assignment shall be effective unless it is in a recorded instrument the Founder signs. The
foregoing sentence shall not preclude the Founder from permitting other Persons to exercise, on a onetime
or limited basis, any right reserved to the Founder in this Charter where the Founder does not intend to
transfer such right in its entirety. In such case, it shall not be necessary to record any written assignment
unless necessary to evidence the Founder's consent to such exercise.
17.14. Termination of Rights
The rights contained in this chapter shall not terminate until the earlier of (a) termination of the
Development and Sale Period; or (b) the Founder's recording of a written statement that all sales activity
has ceased.
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PART SIX: PROCEDURES FOR AND LIMITATIONS ON CERTAIN
ACTIONS
Chapter 18
Dispute Resolution and Limitation on Litigation
From time to time, disputes may arise between Owners or between an Owner and the Association, the Founder, or others
involved in the Community. This chapter commits the parties to any such dispute to work together in an attempt to resolve
the dispute without litigation, in order to facilitate the prompt resolution of such disputes in a manner that respects and
builds upon the relationships between the parties. It also requires substantial support of the Association's membership before
the Association can engage in certain types of litigation that could result in significant legal and emotional costs to the
Community.
18.1. Agreement to Encourage Resolution of Disputes Without Litigation
(a) Bound Parties. The Founder; the Association and its officers, directors, and committee
members; all Persons subject to this Declaration; and any Person not otherwise subject to this Declaration
who agrees to submit to this chapter (collectively, "Bound Parties"), agree that it is in the best interest of
all concerned to encourage the amicable resolution of disputes involving the Community without the
emotional and financial costs of litigation. Accordingly, each Bound Party agrees not to file suit in any court
with respect to a Claim described in subsection (b), unless and until it has first submitted such Claim to the
alternative dispute resolution procedures set forth in Section 18.2 in a good faith effort to resolve such
Claim.
(b) Claims. As used in this chapter, the term "Claim" shall refer to any claim, grievance, or dispute
arising out of or relating to:
(i) the interpretation, application, or enforcement of the Governing Documents;
(ii) the rights, obligations, and duties of any Bound Party under the Governing Documents; or
(iii) the design or construction of Improvements within the Community, other than matters of
aesthetic judgment under Chapter 5, which shall not be subject to review and shall not be subject to this
chapter.
(c) The following shall not be considered "Claims" unless all parties to the matter otherwise agree to
submit the matter to the procedures set forth in Section 18.2:
(i) any suit by the Association to collect assessments or other amounts due from any Owner;
(ii) any suit by the Association to obtain a temporary restraining order (or emergency equitable
relief) and such ancillary relief as the court may deem necessary in order to maintain the status quo and
preserve the Association's ability to enforce the provisions of Part Two of this Declaration (relating to
creation and maintenance of community standards);
(iii) any suit that does not include the Founder, a Founder Affiliate, or the Association as a
party, if such suit asserts a Claim that would constitute a cause of action independent of the Governing
Documents;
(iv) any dispute that affects the material rights or obligations of a party who is not a Bound
Party and has not agreed to submit to the procedures set forth in Section 8.2;
(v) any suit as to which any applicable statute of limitations would expire within 180 days of
giving the Notice required by Section 18.2(a), unless the party or parties against whom the Claim is made
agree to toll, or extend
(vi) the Claim's statute of limitations to comply with this chapter;
18.2. Dispute Resolution Procedures
(a) Notice. The Bound Party asserting a Claim ("Claimant") against another Bound Party
("Respondent") shall give written notice ("Notice") by mail or personal delivery to each Respondent and
to the Board, stating plainly and concisely:
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(i) the nature of the Claim, including the Persons involved and the Respondent's role in the Claim;
(ii) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises);
(iii) the Claimant's proposed resolution or remedy; and
(iv) the Claimant's desire to meet with the Respondent to discuss, in good faith, ways to resolve
the Claim.
(b) Negotiation. The Claimant and Respondent shall make every reasonable effort to meet in person
and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing,
accompanied by a copy of the Notice, the Board may appoint a representative to assist the parties in
negotiating a resolution of the Claim.
(c) Mediation. If the parties have not resolved the Claim through negotiation within 30 days of the
date of the Notice (or within such other agreed upon period), the Claimant shall have 30 additional days to
submit the Claim to mediation with an entity designated by the Association (if the Association is not a party
to the Claim) or to an independent agency providing dispute resolution services in the area. Each Bound
Party shall present the mediator with a written summary of the Claim.
If the Claimant does not submit the Claim to mediation within such time, or does not appear for and
participate in good faith in the mediation when scheduled, the Claimant shall be deemed to have waived
the Claim, and the Respondent shall be relieved of any and all liability to the Claimant (but not third parties)
on account of such Claim.
If the parties do not settle the Claim within 30 days after submission of the matter to mediation, or
within such time as determined reasonable by the mediator, the mediator shall issue a notice of termination
of the mediation proceedings indicating that the parties are at an impasse and the date that mediation was
terminated. The Claimant shall thereafter be entitled to file suit or to initiate administrative proceedings on
the Claim, as appropriate.
Each Bound Party shall bear its own costs of the mediation, including attorney’s fees, and each Party
shall pay an equal share of the mediator's fees.
Settlement. Any settlement of the Claim through negotiation or mediation shall be documented in
writing and signed by the parties. If any party thereafter fails to abide by the terms of such agreement, then
any other party may file suit or initiate administrative proceedings to enforce such agreement without the
need to comply again with the procedures set forth in this section. In such event, the party taking action to
enforce the agreement or award shall, upon prevailing, be entitled to recover from the non-complying party
(or if more than one non-complying party, from all such parties in equal proportions) all costs incurred in
enforcing such agreement or award, including, without limitation, attorneys’ fees and court costs.
18.3. Initiation of Litigation by Association
In addition to compliance with the foregoing alternative dispute resolution procedures, if applicable, the
Association shall not initiate any judicial or administrative proceeding unless first approved by a vote of
Voting Delegates entitled to cast 75% of the total votes in the Association, except that no such approval shall
be required for actions or proceedings:
(a) initiated during the Founder Control Period;
(b) initiated to enforce the provisions of this Charter, including collection of assessments and foreclosure
of liens;
(c) initiated to challenge ad valorem taxation or condemnation proceedings;
(d) initiated against any contractor, vendor, or supplier of goods or services arising out of a contract for
services or supplies; or
(e) to defend claims filed against the Association or to assert counterclaims in proceedings instituted
against it.
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This section shall not be amended unless such amendment is approved by the same percentage of votes
necessary to institute proceedings.
Chapter 19
Changes in the Common Area
Various influences and circumstances within and outside the Community may give rise to a need or desire to make
changes in the ownership of or rights to use Common Area. This chapter explains the procedures for dealing with matters
such as changing use rights in Common Area, partition of the Common Area, and condemnation.
19.1. Condemnation
If any part of the Common Area is taken by any authority having the power of condemnation or eminent
domain or conveyed by the Association in lieu of and under threat of condemnation with such approval as
may be required under Section 19.3, each Owner shall be entitled to written notice of such taking or
conveyance prior to disbursement of any condemnation award or proceeds from such conveyance. Such
award or proceeds shall be payable to the Association to be disbursed as follows:
If the taking or conveyance involves a portion of the Common Area on which improvements have been
constructed, the Association shall restore or replace such improvements on the remaining land included in
the Common Area to the extent available, unless within 60 days after such taking the Founder, during the
Development and Sale Period, and Voting Delegates representing at least 75% of the total votes in the
Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the
Board. The provisions of Section 9.4 regarding funds for restoring improvements shall apply.
If the taking or conveyance does not involve any improvements on the Common Area, if a decision is
made not to repair or restore, or if net funds remain after any such restoration or replacement is complete,
then such award or net funds shall be treated in the same manner as proceeds from the sale of Common
Area under Section 19.3.
19.2. Partition
Except as permitted in this Declaration, the Common Area shall remain undivided, and no Person shall
bring any action to partition any portion of the Common Area without the written consent of all Owners
and Mortgagees. This section shall not prohibit the Board from acquiring and disposing of tangible personal
property or from acquiring and disposing of real property that may or may not be subject to this Declaration,
with such approval as may be required under Sections 15.9 and 19.4.
19.3. Transfer or Dedication of Common Area
The Association may dedicate portions of the Common Area to the City, or to any other local, state, or
federal governmental or quasi-governmental entity, any religious organization, or any land trust or
organization dedicated to the preservation and protection of natural resources; may subject Common Area
to a security interest; or may transfer or convey Common Area if, upon the written direction of Voting
Delegates representing at least 75% of the total votes in the Association, and the Founder during the
Development and Sale Period.
In addition, the Association shall obtain such approval as may be required under Section 15.9.
The proceeds from the sale or mortgaging of Common Area shall be an asset of the Association to be
used as the Board determines. No conveyance or encumbrance of Common Area may deprive any Unit of
rights of access or support.
Chapter 20
Termination and Amendment Community Declaration
As the Community matures and grows, the rules by which it is governed must be flexible enough to adapt to changes in
the development plan, as well as changes in the needs and desires of the Community that inevitably will occur. This chapter
sets out procedures by which either the Founder or the Owners as a group may amend this Declaration to address such
changes.
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20.1. Term and Termination
This Declaration shall be effective for a minimum of 30 years from the date it is recorded. After 30 years,
this Declaration shall be extended automatically for successive 10-year periods unless at least 75% of the
then Owners sign a document stating that the Community Declaration is terminated, and that document is
recorded within the year before any extension. In such case, this Declaration shall terminate on the date
specified in the termination document.
If any provision of this Declaration would be unlawful, void, or voidable by reason of any rule restricting
the period of time that covenants can affect title to property, that provision shall expire 21 years after the
death of the last survivor of the now living descendants of Elizabeth II, Queen of England.
This section shall not permit termination of any easement created in this Declaration without the
consent of the holder of such easement.
20.2. Amendment
(a) By Founder. In addition to specific amendment rights granted elsewhere in this Declaration,
until termination of the Founder Control Period, the Founder may unilaterally amend this Declaration for
any purpose.
Thereafter, the Founder may unilaterally amend this Declaration if such amendment is necessary (a) to
bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial
determination; (b) to enable any reputable title insurance company to issue title insurance coverage on the
Units; (c) to enable any institutional or governmental lender, purchaser, insurer, or guarantor of mortgage
loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage
Corporation, to make, purchase, insure, or guarantee mortgage loans on the Units; or (d) to satisfy the
requirements of any local, state, or federal governmental agency. However, any amendment under this
paragraph shall not adversely affect the title to any Unit unless the Owner shall consent in writing.
In addition, during the Development and Sale Period, the Founder may unilaterally amend this
Declaration for any other purpose, provided the amendment has no material adverse effect upon the rights
of more than 2% of the Owners.
(b) By Owners. Except as otherwise specifically provided above and elsewhere in this Charter, this
Declaration may be amended only by the affirmative vote or written consent, or any combination thereof,
of Voting Delegates representing 75% of the total votes in the Association, including 75% of the total votes
held by Owners other than the Founder. In addition, during the Development and Sale Period, any such
amendment shall also require the Founder's written consent.
Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less
than the prescribed percentage of affirmative votes required for action to be taken under that clause.
(c) Validity and Effective Date. No amendment may remove, revoke, or modify any right or
privilege of the Founder or the Founder Member without the written consent of the Founder or the Founder
Member, respectively (or the assignee of such right or privilege). In addition, the approval requirements set
forth in Chapter 15 shall be met, if applicable.
If an Owner consents to any amendment to this Declaration or the By-Laws, it will be conclusively
presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or
contract between the Owner and a third party will affect the validity of such amendment.
Any amendment shall become effective upon recording unless a later effective date is specified in the
amendment. Any procedural challenge to an amendment must be made within six months of its
recordation, or such amendment shall be presumed to have been validly adopted. In no event shall a change
of conditions or circumstances operate to amend any provisions of this Declaration.
(d) Exhibits. Exhibits "A," "B," and "C" are incorporated by this reference, and this chapter shall
govern amendment of those exhibits. Exhibit "D" is incorporated by this reference and may be amended
under Chapter 7 or pursuant to this section. All other exhibits are attached for informational purposes and
may be amended as provided in those exhibits or in the provisions of this Declaration that refer to such
exhibits.
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THIS COMMUNITY DECLARATION is made by Harvest Springs JV, and in witness thereof, it has
executed this Declaration this ____ day of ___________, 20__.
Founder: Harvest Springs JV
View Pointe Developments, LLC
By:____________________
Title:___________________
Satterfield Realty & Development, Inc.
By:_______________________
Title: _____________________
STATE OF IDAHO )
) ss
COUNTY OF BANNOCK)
The foregoing instrument was acknowledged before me this ____ day of ______________, 20__,
by __________________________ and _____________________ known to me, who
being duly sworn, said that he resides in __________ County, Idaho, that he is the
_____________________ of Harvest Springs JV described herein, who executed the foregoing
instrument.
GIVEN under my hand and seal of office this ___ day of __________, 20___.
__________________________
Notary Public
[Notarial Seal]
My commission expires: _________
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OWNER CONSENT
TO COMMUNITY DECLARATION FOR HARVEST SPRINGS
IN WITNESS WHEREOF, the undersigned, as owners of the property as described on Exhibit "A" to the
Declaration, hereby consents to the within and foregoing Declaration and the recording of such this
______ day of _________________, 20__.
Owner: Harvest Springs JV
View Pointe Developments, LLC
By:____________________
Title:___________________
Satterfield Realty & Development, Inc.
By:_______________________
Title: _____________________
STATE OF IDAHO)
)
COUNTY OF BANNOCK) ss
The foregoing instrument was acknowledged before me this ____ day of ______________, 20__,
by __________________________ and ___________________ known to me, who
being duly sworn, said that he resides in __________ County, Idaho, that he is the
_____________________ of Harvest Springs JV described herein, who executed the foregoing
instrument.
GIVEN under my hand and seal of office this ___ day of __________, 20___.
__________________________
Notary Public
[Notarial Seal]
My commission expires: _________
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EXHIBIT "A"
Land Initially Submitted
Insert Phase 1 Legal Here…
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EXHIBIT "B"
Land Subject to the Master Plan for HARVEST SPRINGS
All Property being zoned Creative Community Insert Legal Here…
Note to clerk and title examiners:
This Declaration is not intended to create an encumbrance on title to the
property described in this Exhibit "B." Such title may be encumbered only
with the consent of the owner by filing a Supplement in accordance with
Chapter 16.
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EXHIBIT "C"
Land Subject to Annexation
Any real property that directly abuts the proposed boundaries or future boundaries of that
certain development known as Harvest Springs, the first phase of which is described in
Exhibit "A," and which may include all of the property described in Exhibit "B."
Note to clerk and title examiners:
This Declaration is not intended to create an encumbrance on title to the
property described in this Exhibit "C." Such title may be encumbered only
with the consent of the owner by filing a Supplement in accordance with
Chapter 16.
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EXHIBIT "D"
Initial Rules
The purpose of Rules is not to anticipate all acceptable or unacceptable behavior in advance and
eliminate all improvements or activities that fall outside of "the norm." In fact, it is expressly intended
that the Reviewer under Chapter 5, and the Board, as appropriate, have discretion to approve or
disapprove items, or to enforce or not enforce technical violations of the Governing Documents, based
upon aesthetic or other considerations consistent with the established guidelines. As such, while
something may be approved or permitted for one Unit under one set of circumstances, the same thing
may be disapproved for another Unit under a different set of circumstances. The exercise of discretion
in approving or enforcement shall not be construed as a waiver of approval or enforcement rights, nor
shall it preclude the Board from taking enforcement action in any appropriate circumstances.
The following shall apply to all of Harvest Springs until such time as they are modified pursuant to
the Charter.
1. General. Harvest Springs shall be used only for purposes consistent with the Master Plan,
this Declaration, and any Supplement.
2. Restricted Activities. Unless expressly authorized by, and then subject to such conditions
as may be imposed by, the Board, the following activities are prohibited within Harvest Springs:
(a) Parking any vehicles on public or private streets or thoroughfares or parking of commercial
vehicles or equipment, mobile homes, golf carts, boats and other watercraft, trailers, stored vehicles,
or inoperable vehicles in places other than enclosed garages, and the parking of recreational vehicles
on any Unit; provided, construction, service, and delivery vehicles shall be exempt from this provision
during normal business hours for such period of time as is reasonably necessary to provide service or
to make a delivery to a Unit or the Common Area, and recreational vehicles may be parked in driveways
for no longer than four hours in any four-day period for the loading and unloading of the recreational
vehicle;
(b) Raising, breeding, or keeping animals except that a reasonable number of dogs, cats, or other
usual and common household pets may be permitted in a Unit. However, those pets which are
permitted to roam free, or, in the Board's sole discretion, make objectionable noise, endanger the
health or safety of, or constitute a nuisance or inconvenience to the occupants of other Units shall be
removed upon the Board's request. If the pet owner fails to honor such request, the Board may remove
the pet. Dogs shall be kept on a leash or otherwise confined in a manner acceptable to the Board
whenever outside the dwelling. Pets shall be registered, licensed, and inoculated as required by law;
(c) Any activity that emits foul or obnoxious odors outside the Unit or creates noise or other
conditions that tend to disturb the peace or threaten the safety of the occupants of other Units;
(d) Any activity that violates local, state, or federal laws or regulations; however, the Board shall
have no obligation to take enforcement action in the event of a violation;
(e) Pursuit of hobbies or other activities that tend to cause an unclean, unhealthy, or untidy
condition to exist outside of enclosed structures on the Unit;
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(f) Any noxious or offensive activity that in the reasonable determination of the Board tends to
cause embarrassment, discomfort, annoyance, or nuisance to persons using the Common Area or to
the occupants of other Units;
(g) Outside burning of trash, leaves, debris, or other materials, except during the normal course
of constructing a dwelling on a Unit;
(h) Use or discharge of any radio, loudspeaker, horn, whistle, bell, or other sound device so as to
be audible to occupants of other Units, except alarm devices used exclusively for security purposes;
(i) Accumulation of rubbish, trash, or garbage except between regular garbage pick ups, and
then only in approved containers;
(j) Discharge of firearms; provided, the Board shall have no obligation to take action to prevent
or stop such discharge;
(k) On site storage of fuel, except that a reasonable amount of fuel may be stored on each Unit
for emergency purposes and operation of lawn mowers and similar tools or equipment, and the
Association shall be permitted to store fuel for operation of maintenance vehicles, generators, and
similar equipment;
(l) Any activities that materially disturb or destroy the vegetation, wildlife, wetlands, or air
quality within Harvest Springs or that use excessive amounts of water or that result in unreasonable
levels of sound or light pollution;
(m) Conversion of any carport or garage to finished space for use as an apartment or other
integral part of the living area on any Unit without prior approval pursuant to Chapter 5;
(n) Any modification of any thing, permanently or temporarily, on the outside portions of the
Unit, whether such portion is improved or unimproved, except in strict compliance with the provisions
of Chapter 5. This shall include, without limitation, signs, and swing sets and similar sports and play
equipment; clotheslines; garbage cans; woodpiles; above-ground swimming pools; docks, piers, and
similar structures; hedges, walls, dog runs, animal pens, or fences of any kind; and satellite dishes and
antennas, except that:
(i) an antenna designed to receive direct broadcast satellite services, including direct-to-home
satellite services, that is one meter or less in diameter; or
(ii) an antenna designed to receive video programming services via multipoint distribution
services, including multi-channel multipoint distribution services, instructional television fixed
services, and local multipoint distribution services, that is one meter or less in diameter or diagonal
measurement; or
(iii) an antenna that is designed to receive television broadcast signals; (collectively, "Permitted
Antennas") shall be permitted on Units, subject to such reasonable requirements as to location and
screening as may be set forth in the Design Guidelines, consistent with applicable law, in order to
minimize obtrusiveness as viewed from streets and adjacent property. The Founder and/or the
Association shall have the right, without obligation, to erect an aerial, satellite dish, or other apparatus
for a master antenna, cable, or other communication system for the benefit of all or a portion of
Harvest Springs, should any master system or systems be utilized by the Association and require such
exterior apparatus; and
(o) Holding or conducting of any garage or yard sale on any Unit shall be prohibited; however,
the Association shall be permitted to conduct an annual community-wide garage or yard sale for the
Owners within Harvest Springs at a time and place it designates.
3. Prohibited Conditions. The following shall be prohibited at Harvest Springs:
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(a) Plants, animals, devices, or other things of any sort whose activities or existence in any way
is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment
of Harvest Springs;
(b) Structures, equipment, or other items on the exterior portions of a Unit which have become
rusty, dilapidated, or otherwise fallen into disrepair;
(c) Permanent basketball goals, portable basketball goals, basketball standards, or backboards
which are or would be visible from any street or Common Area; provided, permanent basketball goals
may be placed on a Unit without prior approval but may only be placed or installed on the garage of a
Unit so that it is not visible from the street. Freestanding pole-mounted or portable backboards,
whether permanent or sleeve set, shall be prohibited on the Unit; provided, freestanding pole-
mounted or portable backboards may be placed on a Unit, if placed more than 30 feet from the curb
adjacent to the front yard of the Unit and to the side yard of a Units located at the intersection of two
streets or alleys;
(d) No solar heating equipment or device is permitted outside any enclosed structure on the Unit
except such devices whose installation and use is approved by the Reviewer. Notwithstanding such
protection, an application for such equipment or device must be submitted for approval under Chapter
5 prior to installation and approval will be granted only if:
(i) First, such equipment or device is designed for minimal visual intrusion when installed (i.e.,
is located in a manner which minimizes visibility from the street or an adjacent Unit and is consistent
with the Community-Wide Standard); and
(ii) Second, the equipment or device complies to the maximum extent feasible with the Design
Guidelines within the confines of the applicable governmental regulations
In any event, and notwithstanding the above list of prohibited conditions, any structure,
improvement, or thing proposed for construction, erection, installation, or placement on a Unit
requires prior Reviewer approval in accordance with Chapter 5, unless specifically made exempt under
the Design Guidelines; and
(e) Sprinkler or irrigation systems or wells of any type which draw upon water from lakes, creeks,
streams, rivers, ponds, wetlands, canals, or other ground or surface waters within Harvest Springs;
provided, this subsection shall not apply to the activities of Founder or its designees.
4. Wetlands, Lakes, and Other Water Bodies. Wetlands, lakes, ponds, and streams within
Harvest Springs, if any, are part of the Harvest Springs’ stormwater management system, and no active
use of lakes, ponds, streams, or other bodies of water within the Community is permitted, except the
use of non-motorized watercraft and the City’s operation of the lake within Harvest Springs In
addition, water within the lakes may be used for irrigation purposes under a separate agreement with
the Association, if required. Neither the Founder, the Association, nor the City shall be responsible for
any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use
of lakes, ponds, streams, or other bodies of water within or adjacent to Harvest Springs.
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EXHIBIT "E"
By-Laws of Harvest Springs Community Association, Inc.