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BUILDING & DESIGN STANDARDS

FOR

BATTERY POINT SUBDIVISION

BEAUFORT, SOUTH CAROLINA

Battery Point Architectural Committee Adopted January 24, 2000 Amended March 1, 2013

BATTERY POINT

The Battery Point Architectural Committee (BPAC) would like to welcome you and congratulate you on your decision to become a part of the Battery Point Community. The BPAC was established by the Covenants, Conditions, Restrictions and Easements for Battery Point (Record Book 826, 313) in order to preserve the natural beauty of the creek, marsh, and wetlands, and to maintain the community as a pleasant and desirable environment. With this goal in mind, the BPAC has developed the Building and Design Requirements to assist both the custom and speculative builder in the planning stages of your home. When you plan to build your new home in Battery Point, the members of the BPAC are here to give assistance to you, your builder and landscaper from the planning stages through the end of construction. The BPAC is made up of members having expertise in architecture, construction, and landscaping, and you are encouraged to take advantage of this experienced group. The BPAC members strongly recommend that you and your builder become familiar with the contents of the Building & Design Requirements (contained in this document) as the BPAC procedures are fully explained herein. The members are aware that you are anxious to begin building, and it is a goal of the BPAC to make every effort to expedite the review process. The BPAC meets at least monthly, and more often as required. The BPAC recommends you utilize the three-stage submittal process that has been developed to benefit you and your builder. The stages are:

Concept: A sketch plan review that is critical, since it affords early feedback on the proposed design before a lot of time and money is invested.

Preliminary: Based on input from the Concept plan review, these refined drawings will give you and

the BPAC a definitive look at what your home will look like. Final: The submittal of the working drawings and will include colors, finishes and landscape

plans. If you have any questions while familiarizing yourself with the Building and Design Requirements, or at any other time, please do not hesitate to contact Sentry Management at 843-795-0190 x 206 and we will respond as soon as possible. More importantly, please remember that the members of the Battery Point Architectural Committee are here to assist you.

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Battery Point Architectural Committee

Building & Design Standards & Requirements

TABLE OF CONTENTS

I. ARCHITECTURAL REVIEW BOARD A. PURPOSE B. OBJECTIVES C. STRUCTURE D. ADMINISTRATOR E. MEETINGS F. APPLICATION REQUIREMENTS G. FEES H. INSPECTIONS I. ENFORCEMENT J. APPEALS K. CHANGES AFTER APPROVAL L. SPECULATIVE BUILDING M. AMENDMENTS N. SEVERABILITY

II. PLAN SUBMISSION PROCEDURES

A. CONCEPT PLANS B. PRELIMINARY PLANS C. FINAL PLANS D. LANDSCAPE PLANS E. LANDSCAPE PLANS – ALTERNATE F. COMPLETE SUBMITTAL

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III. BUILDING AND REQUIREMENTS FOR CONSTRUCTION A. ACCESSORY STRUCTURES B. BUILDING HEIGHTS C. BUILDING SETBACKS D. MINIMUM SIZE E. PORCHES F. DOCKS, PIERS AND BULKHEADS G. ENVIRONMENTAL CONSIDERATIONS H. EXTERIOR LIGHTING I. FENCES AND WALLS J. FLOOD REQUIREMENTS AND FOUNDATIONS K. LANDSCAPE PLANS L. MATERIALS, COLORS, AND FINISHES M. PARKING AND DRIVEWAYS N. BOAT AND OTHER VEHICLE STORAGE O. PORCHES, DECKS, VERANDAHS AND BALCONIES P. SIGNS Q. SERVICE YARD R. TELEVISION SATELLITE DISHES/ANTENNAS

IV. DESIGN STANDARDS AND REQUIREMENTS FOR LANDSCAPING

A. LANDSCAPE DESIGN STANDARDS B. LANDSCAPE PLAN SUBMITTAL REQUIREMENTS C. LANDSCAPE RECOMMENDATIONS

V. CONSTRUCTION SITE REQUIREMENTS

A. CONSTRUCTION COMMENCEMENT B. CONSTRUCTION CLEARING C. CONSTRUCTION HOURS D. CONSTRUCTION SITE AND CLEAN-UP E. CONSTUCTION VEHICLES AND TRAFFIC F. HOMEOWNER REPAIRS G. NOISE LEVELS H. PERSONNEL I. PORTABLE TOILETS J. TELEPHONE/CABLE/TV LINES K. DISCLAIMER

VI. PLANT MATERIALS AND RECOMMENDED READING

VII. TREE PROTECTION SPECIFICATIONS

VIII. APPROVAL TO BUILD LETTER AND AGREEMENT

IX. CONTRACTOR LICENSING AND LIABILITY

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BATTERY POINT

BATTERY POINT ARCHITECTURAL COMMITTEE (hereinafter referred to as “BPAC).

A. PURPOSE In order to preserve the natural beauty of Battery Point and its setting, to maintain Battery Point as a pleasant and desirable environment, to establish and preserve a harmonious design for the community, and to protect and promote the value of property, no building, fence, or sign, or other structure, shall be erected, placed or altered until the proposed plans, specifications, exterior color or finish, plot plan (showing the proposed location of each building or structure, drives, and parking areas), landscape plan, and construction schedule shall have been approved in writing as hereinafter provided. The BPAC has been established by the “Covenants, Conditions and Restrictions” to define aesthetic standards at Battery Point; and, to examine, approve or disapprove any and all proposed vertical or horizontal improvements for a building site at Battery Point. In the event of a conflict, the Covenants, Conditions and Restrictions” provisions will prevail.

B. OBJECTIVES

Architectural and design review shall be directed toward attaining the following objectives for Battery Point.

1. Preventing excessive or unsightly grading, erosion, siltation of lot, marsh, neighboring properties, ditches or any other areas. Preventing indiscriminate earth moving or clearing of property, removal of trees and vegetation which could cause disruption of natural water courses or scar natural landform.

2. Ensuring that the location and configuration of structures are visually harmonious

with the terrain and vegetation of the residential lot and with surrounding residential lots and structures do not unnecessarily block scenic views from existing structures or tend to dominate any general development or natural landscape.

3. Ensuring that the architectural design of structures and the materials and colors are

visually harmonious with Battery Point’s overall appearance with surrounding development, with natural landform and native vegetation, and with development plans, officially approved by the BPAC, or any governmental or public authority, if any, for the areas in which the structures are proposed to be located.

4. Ensuring the plans for landscaping provide visually pleasing settings for structures on

the same lot, and on adjoining or nearby lots, and blend harmoniously with natural landscape.

5. Ensuring that any development, structure, building or landscaping complies with the

provisions of these guidelines.

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6. Support the spirit of a walking community, linking marsh and wetland trails for the enjoyment of all residents.

C. STRUCTURE

The BPAC shall select its own Chair, and he or she shall be the presiding officer of its meetings. All meetings shall be held at least once in each calendar month or upon call of the Chair. Three members shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the members of the BPAC shall constitute the action of the BPAC on any matter before it. The BPAC is authorized to retain the services of an inspector and one or more consulting architects, landscape architects, urban designers, and attorneys, to advise and assist the BPAC in performing the design review functions herein prescribed.

D. ADMINISTRATOR

The BPAC may appoint an Administrator who is not a voting member of the BPAC, to administer the day-to-day management, including:

1. Receiving and processing questions and all applications to the BPAC. 2. Reporting directly to the Chair. 3. Attending meetings of the Board. 4. Taking minutes of all meetings and processing same. 5. Preparing transmittals and correspondence.

E. MEETINGS

1. Time and location: the BPAC will meet on the first Monday of each month, at 8:30 a.m. in the Battery Point Clubhouse, unless otherwise determined by the Chair.

2. Notification: It is each member’s responsibility to attend the scheduled meetings. 3. Special meetings: Upon five (5) days notification of date, time and place, chosen by

the Chair. 4. Decisions: Owners and/or applicants will be notified in writing within thirty (30) days

of all decisions of the BPAC. Oral representations of any decision will not be valid, and will not represent the decision of the BPAC. All decisions are final unless appealed pursuant to the Appeals Procedure set forth herein.

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F. FEES: PAYABLE TO: BATTERY POINT HOMEOWNERS ASSOCIATION

NEW CONSTRUCTION NON-REFUNDABLE FEES: 1. Application Fee: Paid by property owner $ 250.00 2. Inspection Fee: Paid by property owner $ 250.00 REFUNDABLE FEES: 1. Compliance Deposit: $1,000.00

ADDITIONS / MODIFICATIONS

NON-REFUNDABLE FEES: 1.. Inspection Fee: $ 100.00 REFUNDABLE FEE 2. Compliance Deposit: $ 500.00 G. INSPECTIONS:

1. Stake-out (string) a. The applicant must provide a stake-out of all structures to be built prior to

final submittal to the BPAC. b. Approval of the stake-out inspection and the issuing of the Battery Point

Building Permit is mandatory prior to lot clearing or tree removal. c. Trees to be removed must be flagged in red. A detailed site plan with main

house, other structures and proposed staging plan must be available with which to compare the stake-out.

d. Applicant must indicate finished floor elevation and finished grade elevation. A stake must be placed in the ground near the house indicating finished floor and finished grade elevations. The finished grade elevation must show where the elevation will be after final fill, grading, drainage, and sod have been installed.

2. On-Site Color and Material Inspection

The applicant must request an on-site inspection of color samples and materials, before painting or finished materials are applied to building. On-site samples should be a minimum of 2’x 2’.

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3. Final Inspection The applicant should request a final inspection at the time of completion of all improvements, in order to ensure compliance with the approved house plans, landscape plans, and colors.

4. Refund The refundable compliance deposit will be returned only after the final inspection is made and approved.

H. ENFORCEMENT

1. The BPAC will have the responsibility of enforcing all architectural and landscape provisions of the Covenants and Restrictions, whether or not they are specifically included herein.

2. Should an architectural violation occur, the Architectural Committee has the right to injunctive relief to require the Owner to stop, remove and/or alter any improvement in a manner which complies with the standards established by the Covenants, Conditions, Restrictions, and Easements (Article XI: Enforcement).

3. The administrator or the inspector will inform the BPAC from time to time of any problems or enforcement activities.

4. All applications for new construction must be accompanied by the refundable compliance deposit guaranteeing completion of construction and compliance with the requirement to restore all grassed parkway, street pavement or graded surfaces on adjacent common lands or private property to their original condition and contours. Guaranteed compliance is extended to include completion of all landscape work within the stipulated 90-day post-construction period, with the work to be performed according to plans and specifications approved by the BPAC at the time of final approval.

5. Landscaping work is to be started within 30 days of substantial completion of construction. The compliance deposit will be refunded at the completion of the landscaping work provided the BPAC has not been required to expend any monies in performance of work guaranteed under this section.

6. Performance guarantees will include cleanup/removal of all construction-related trash on the construction site or on surrounding properties, originating with this construction program.

7. The site is to be maintained in an orderly appearance prior to and during the construction phase which will include weed control as well as prompt removal of accumulated trash and construction debris. An on-site trash bin is required. Should the BPAC periodic inspection determine that the site is not being maintained as required, a clean-up notice will be issued to the Owner and/or the contractor. If a satisfactory clean-up is not made promptly, a stop work order will be issued, or the BPAC will have the work done.

8. The BPAC will be authorized to perform any work necessary to bring the construction program into compliance with all of the above, including entering the site to perform landscaping work. All costs incurred in enforcement of the above will be deducted from the compliance deposit. Refund of deposit will not be made until all of the above requirements have been approved by the BPAC.

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9. All construction must be completed within twelve (12) months of the Beaufort City Building Permit date.

I. APPEALS

1. An applicant receiving a negative decision from the BPAC is encouraged to revise the plans in accordance with recommendations and resubmit to the BPAC for approval.

2. Should the applicant be unable to comply with the requirements of the BPAC, or feels the requirements are overly stringent, he or she may request a hearing before the Battery Point Homeowners Association Board of Directors. The request must be in writing and directed to the Chair of the BPHOA within fifteen (15) days of the BPAC letter of notification.

3. The Administrator will convene a meeting of the BPHOA Board of Directors within fifteen (15) days of the receipt of the request. BPAC members who are also on the BPHOA Board of Directors shall recuse themselves.

J. CHANGES AFTER APPROVAL Any changes in design, material or color in a project that would affect the exterior of any structure, or would affect any project previously approved, must be approved by the BPAC. If approval is not requested, the BPAC can use the compliance deposit to make any necessary changes to conform to the plan that was approved.

K. SPECULATIVE BUILDING 1. Applicants proposing to build homes on a speculative basis are required to provide

landscape maintenance. The builder should demonstrate his or her intent to provide periodic building and landscape maintenance to the built product sufficient enough to maintain the condition of the exterior and grounds equivalent to other structures in the area. This can be accomplished through a maintenance contract with a management firm or any other method satisfactory to the BPAC that would affect that end. The compliance deposit will be held until the house is occupied to ensure funds for maintenance.

2. The BPAC will also evaluate proposed designs in regard to the number of times a style is repeated and the proximity of buildings of similar design. Repetition of a design in a neighborhood area is discouraged. Therefore, a builder proposing to build a number of houses is encouraged to consider multiple designs.

L. AMENDMENTS 1. The foregoing rules and regulations may be amended, consistent with the

Covenants, at any time by majority vote of the BPAC at a duly constituted meeting.

2. Any preliminary or final plan, marked “Received”, shall be subject to the rules and regulations as of the date stamped.

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M. SEVERABILITY This document shall not be rendered invalid or unenforceable should any of the provisions of this

document or the application or effect thereof be invalid or unenforceable for any reason to any extent. Those provisions which are not invalid or unenforceable shall be enforced to the greatest extent

permitted by law.

II. PLAN SUBMISSION PROCEDURES For preliminary or final approval, two sets of plans, specifications and related data must be submitted along with a completed application form (page 32 of this document) at least one week prior to the scheduled BPAC meeting. While the process can be consolidated into one single submission, the property owner is at risk of the PBAC not granting approval.

Speculative builders may wish to submit purchased plans for general approval, but will still be required to submit adaptations to these plans for approval before they begin the building process.

A. CONCEPT PLANS (Initial Submittal) A site plan floor plan, elevation or sketch may be submitted to the BPAC in order to determine suitability of a particular style or design for Battery Point. The BPAC will render an opinion as to whether or not it would be acceptable. The opinion of the BPAC will be strictly non-binding and will be offered only in an effort to save an applicant’s time and expense in pursuing a design that would ultimately not be approved.

B. PRELIMINARY PLANS

Submission of preliminary plans is recommended to resolve potential problems before going to the time and expense of contract documents. Preliminary approval does not constitute approval for clearing or construction. Specific reasons will be given in the case of disapproval.

a. Preliminary plans must include, but not necessarily be limited to: b. Site plan (1/8” or other suitable scale) showing all trees and grades, both

horizontal and vertical improvements with pertinent location dimensions. c. Two sets of floor plans showing existing grade and finished first floor

level. d. Two sets of elevations showing finished grade level. e. Application form must accompany this submittal showing indication of

materials, all pertinent information completed, and signed by Applicant. f. Submittal fee is due with this submittal. The Fee Schedule is on the

Application Form. 1. Disposition of Plans

a. Applicants will have returned to them a copy of the preliminary plans reviewed by the BPAC with appropriate markings of BPAC comments.

b. One set of plans with identical markings will be retained by the BPAC.

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C. FINAL PLANS Two sets of complete, final plans, two sets of landscape plans, preliminary color samples using paint chips from manufacturers’ sample charts and mounted on 8-1/2” x 11” foam core board, updated and completed application (signed by applicant and owner), and appropriate fees, must be submitted in order to be reviewed for final approval. Final plan must include: 1. STAKE-OUT: Must have been inspected and approved. 2. SITE PLAN: Prepared and sealed by a qualified surveyor as 1/8” scale (or other

suitable scale) and must depict: a. Trees, (location, species and size). X-Out those proposed to be removed. b. Location and identification of all special features (i.e., adjacent structures,

lagoons, easements, drainage ditches, etc. c. Existing topographic information using dotted lines indicating contours

and written grade levels about M.S.L. d. Streets, drives, concrete aprons, culverts, parking, walkways, buildings,

decks, patios, terraces, pools and all other proposed horizontal improvements.

e. Utilities such as electricity, phone, cable, water and sewer lines.

3. DRAINAGE PLAN a. Finished grade levels above M.S.L. b. Directional arrows depicting drainage flow. c. Proposed swales and/or berms. (width & depths) d. Limits of fill. e. All items listed in c., 2., b., c., d., and e above.

4. FOUNDATION PLAN

a. Footings, piers (size and type), beams,, joists and concrete pads. b. Elevation of first floor above MSL c. Elevation of existing grade above MSL d. Elevation of finished grade above MSL

5. FLOOR PLAN

a. Accurate dimensions b. Steps, porches, patios, landings, planters, walls c. Heated and adjusted floor space d. Dotted line of roof

6. ROOF PLAN

a. Depicting valleys, skylights, chimneys and dormers

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7. ELEVATIONS – Must depict the following: a. All sides (including hidden views) b. Material indications (written) c. Existing grade and finished grade above MSL. Finished first floor level

must be a minimum of 24” above finished grade. d. Total height (dimension)

8. DETAIL DRAWINGS – Clearly labeled and dimensioned a. Typical wall detail: must accurately reflect house plans, rake detail,

cornice detail, case detail, etc. b. B. Fascia and trim details c. Corner detail d. Window trim/jamb detail e. Service yard fence detail and gate detail. f. Pier, column/pilaster detail g. Deck, porch, floor, railing, post, picket, bench, and step detail h. Special trim detail i. Lattice detail j. Chimney detail

D. LANDSCAPE PLANS

See Section III – Design Standards & Guidelines for Landscaping

E. LANDSCAPE PLANS – ALTERNATE It is often difficult to envision a landscape plan before the residence is built. The PBAC will grant final building plans without a final landscape plan submitted providing: a. A landscape concept has been agreed. b. A landscape plan will be submitted and approved before residence is in final stages of

construction c. All other provisions of Section III of this document are met.

F. COMPLETE SUBMITTAL

Any submittal that does not include a site plan, drainage plan, foundation plan, floor plan, roof plan, elevations, detail drawings, signed and updated application, color samples on 8-1/2” x 11” foam core board, landscape plans or alternate, and all appropriate fees, will be rejected and not placed on the agenda until the submission is complete and received at least two (2) days before the next scheduled meeting.

G. APPROVAL The burden of plan approval by the BPAC is always on the Owner, and it will be presumed that no approval has been granted unless the Owner can produce written evidence of the appropriate document stamped “approved” and signed by the BPAC. No construction nor stake-out or any other work can take place on the site until approval has been granted.

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III. REQUIREMENTS FOR CONSTRUCTION The BPAC encourages architectural design, colors and materials that are visually harmonious with the overall appearance, history and cultural heritage of the Low Country. The main ambiance of the development is that it reflects an intimate, environmentally sensitive neighborhood. All design projects for structures and landscaping will be individually evaluated for aesthetic considerations and technical compliance. Approval may be withheld purely for aesthetic reasons. These considerations may be based on massing, configuration, site impact strategy, construction management, siting/orientation, character, life cycle analysis, scale, material usage, color, compatibility with the particular neighborhood, and relationship to other neighboring properties. The BPAC will continuously evaluate the previously approved building styles and features to determine those desirable for future construction and reserves the right to accept or reject any project based on its individual characteristics. The BPAC welcomes the use of new materials not otherwise covered in this document, but use of materials will be reviewed on a case-by-case basis. A feature of an approved structure or an entire home later considered unsatisfactory will not be construed as a precedent for repetition. All property owners must contract with a licensed residential builder or general contractor to supervise the construction of new homes, additions, or out buildings including docks and pavilions. Owners are prohibited from acting as their own building contractor. A. ACCESSORY STRUCTURES

All accessory structures shall follow all guidelines for homes except that they will be limited to a 600-square foot footprint and a maximum height of 28 feet above grade. All such accessory structures require the approval of the BPAC.

B. BUILDING HEIGHTS 1. Maximum allowable height is 40 feet above grade to the mid-point of the roof, excluding

chimneys. Flood plain is 14 feet above MSL. 2. A maximum of three floors is allowed. The third floor maximum allowable is 350 square feet.

C. BUILDING SET BACKS 1. Front yard set backs from street right-of-way:

a. On waterfront and marsh front lots, the minimum set-back shall be 5 feet for houses with front porches that extend to at least 50 percent of the width of the front façade; or for structures, including garages, that do not exceed one and one-half stories in heights. For structures on other waterfront and marsh front lots, the minimum front set-back shall be 10 feet. The entrance door of all garages shall be turned 90 degrees in order that the door not face the street. Otherwise, the garages shall be set back a minimum of 30 feet.

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b. Among all other lots that do not abut the waterfront or marsh front, the minimum front set-back shall be 5 feet, excluding garages, provided at least 80 percent of all of these lots incorporate front porches that extend at least 50 percent of the width of the front façade. Otherwise, there shall be a minimum front set-back of 10 feet for all of these lots. Regardless, all garages on these lots shall be set back a minimum of 30 feet.

2. Rear yard set back is 10 feet. 3. Side-yard set back is 5 feet unless structure is over 40 feet and then it shall be 10 feet.

NOTE: Set backs apply to all vertical construction greater than 18” from natural grade. Slight variances may be granted by the Battery Point Architectural Committee to save trees.

D. MINIMUM SIZE All lots shall contain a minimum of 1,400 square feet of enclosed heated/air conditioned space. Finished first floor shall be a minimum of 24 inches above finished grade. The first floor ceiling shall be a minimum of 9 feet from the finished floor. The principle roof shall be pitched no less than 6:12 and no more than 10:12 except at second-story flat roofs which must occur behind substantial decorative cornice or balustrade. She roofs shall be allowed with a pitch no less than 3:12 when attached to principle roof or wall.

E. PORCHES All homes shall have a covered porch, minimum of 8 feet in depth, which shall extend at least 50 percent of the width of the principle structure when said structure is built to a 5-foot front yard set back. The front of waterfront homes is defined as that façade along the water.

F. DOCKS, PIERS, AND BULKHEADS

Any application for a dock permit must be in accordance with the Master Dock Plan on file with the South Carolina Coastal Council. All proposed individual bulkheads, piers and docks in Battery Point must be approved by the Office of Oceans & Coastal Resource Management, (hereinafter referred to as OCRM), the City of Beaufort and the BPAC.

G. ENVIRONMENTAL CONSIDERATIONS 1. The use of passive solar design measures is encouraged. 2. The use of water saving devices is encouraged. 3. Private wells may not be drilled except for shallow wells for irrigation purposes and only with

BPAC approval. 4. No sewage or chlorinated water (swimming pool) may be discharged into any creek, marsh or

other body of water. 5. Rain sensor for irrigation controller is encouraged.

H. EXTERIOR LIGHTING

1. No lighting should be located which will interfere with vehicular traffic or become a nuisance to neighbors by adversely affecting the nighttime environment of adjacent properties.

2. Exterior lighting must be indicated on the site plan or the landscape plan. 3. Recessed down lighting and vertical landscape lighting is recommended in lieu of flood lights.

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I. FENCES AND WALLS 1. Materials may be wood, brick or stucco with a maximum of 3 feet in height along the side

facing the street. 2. Fencing and walls for side and rear property lines as well as waterfront side will be reviewed

and approved on a case-by-case basis.

J. FLOOD REQUIREMENTS AND FOUNDATIONS

1. Finished floor elevations must be a minimum of 14 feet above MSL as required by the Federal Government and a minimum of 24 inches above finished grade.

2. Due to the raising of finished floors by the flood plain requirements, raised foundations must receive careful consideration as to detail, materials and color, and in no case, will elevation of finished floors be below the crown of the road.

3. Exterior concrete block must be stucco. 4. All raised foundations must be enclosed with lattice or louvers. Variances may be granted

considering height of finished floor from final grade. 5. Slab foundations can be on grade for garage, but are not allowed for house.

K. LANDSCAPE PLANS

1. Landscape plans are a vital part of the review process. A Battery Point Building Permit will not be issued without an approved Landscape Plan received by the BPAC. The Guidelines for Landscaping are located in Section III of this document.

2. Tree and topographic surveys will be required for the building site plan. No tree 6 inches or greater in caliber may be removed without approval.

L. MATERIALS, COLORS, FINISHES

1. FOUNDATIONS: Finish materials shall be either stucco or brick. When house is on piers, there shall be vertically oriented wood lattice or louver infill between piers. Piers up to 36 inches tall, exposed side to be 12 inches minimum; piers above 36 inches in height, exposed side to be 16 inches wide minimum. When house is on continuous foundation wall, there shall be built-in, patterned masonry crawl space venting or malleable iron crawl space vents with wood access door as required.

2. CHIMNEYS: Chimneys, along with other projections above roofing surfaces, play a dominant role in depicting the character desired. Chimney dimensions shall be compatible in scale to the structure. Metal prefab fireplaces, when used, must have all flue pipes installed and enclosed as per manufacturer’s instructions. Chimney pipe terminations must be enclosed by a wind screen/shroud either supplied by the manufacturer or field constructed per manufacturer’s guidelines. Windscreens must be anodized aluminum and must be painted to match chimney. Masonry or stucco chimneys are required. Wood-sided chimneys are prohibited. Minimum size of chimney is 2 ft. 6 in. x 3 ft.

3. DOORS: Doors shall be wood and may be by side and/or top window panels. French doors are strongly encouraged. Sliding patio doors are discouraged and shall not be utilized where they are visible from the street or used as a front entrance. Garage doors should be compatible with the exterior wall design and color. Garage doors facing the street are discouraged, and will only be allowed when restrictions of the lot dictate.

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4. WINDOWS: Windows shall be wood or clad wood frames, square or vertical in proportion with clear glass. Trim around windows shall be wood. Aluminum and vinyl frame windows are prohibited. Exceptions may be made for selected windows that have the architectural look of wood windows on an individual basis. Windows should be carefully portioned to enhance the exterior appearance and light quality. Window-mounted HVAC units are prohibited. Lightly tinted glass is acceptable, but foil or reflective material is not allowed. Roof overhangs, awnings and shutters are appropriate sun screening devices subject to BPAC approval of design, materials and colors.

5. SHUTTERS: From a design point of view, louvered, working shutters are encouraged, but bevel board and panel shutters are acceptable. Shutters must be sized to fit the window, must be stained or painted wood or of BPAC-approved material and must be operable.

6. EXTERIOR COLORS: The Battery Point Architectural Committee in reviewing colors will take into account the combination and intensity of colors selected, their appropriate use and the palette of surrounding residences. Colors presented for review are to be manufacturer’s color chips mounted on 8-1/2” x 11” foam core board. Final approval of colors will be granted upon on-site inspection of 2’ x 2’ samples just before the dwelling is painted.

7. EXTERIOR WALLS: Recommended Materials Not Allowed Painted or Stained Wood Vinyl Siding Tabby Plywood Brick Asphalt Siding Wood Shingles Metal Siding Stucco Simulated Materials Hardiplank Unfinished Masonry

8. ROOFS, MATERIALS AND ACCESSORIES:

a. The roofs of all residences within the community, while different in material and color, shall have a similarity of form with all gable and hip roofs having a minimum slope of 6:12.

b. Roofing with less than a 6:12 slope is acceptable in minor areas not exceeding 15 percent of the total area as a connection to more dominant forms. Connecting roofs, i.e., garage to main structure or freestanding garages, shall have a roof with material the same as or compatible with the main structure. Roof overhangs should be 2-ft minimum, but exceptions may be granted for smaller elements such as dormers.

c. Roof materials may be chosen from a limited selection to include asphalt or fiberglass shingles (300# or more) and metal. Other roofing material will be reviewed by the BPAC on a case-by-case basis.

d. All roof accessories such as vent stacks, including vent flashing and roof vents shall be painted to match the roof color. Vents should be located away from the entry elevations. Raw aluminum or galvanized flashing is not allowed.

e. Gutters shall be of the half-round variety with round downspouts or chain. f. Exterior hardware shall be solid brass, bronze, wrought iron or black metal. g. The use of solar devices are subject to BPAC approval, but in all cases, must be

removed from view from the street or adjacent properties. h. Skylights are not permitted on the front elevation.

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i. No graphics may be affixed to trees or mailboxes. Those mounted on houses must be approved by the BPAC.

M. PARKING AND DRIVES

1. Acceptable paving materials include, but not limited to: concrete, asphalt, oyster shell, brick, and certain gravel.

2. Driveway widths should be a maximum of 12 feet, except in the parking areas or as the drive enters the garage. The maximum driveway width at the intersection of the road shall not exceed 20 feet.

N. PORCHES, DECKS, VERANDAHS AND BALCONIES

1. The creative use of wide verandahs on the front, sides or rear of the residence is strongly encouraged.

2. Balustrades and/or columns form an integral part of the verandah concept. The handrails, balusters and columns should be wood and designed and proportioned to be architecturally compatible with the residence. Simplicity is encouraged, superfluous decoration is discouraged. Posts to 8 ft. in length, minimum size is 4 inches x 4 inches; taller than 8 ft, (minimum 6 inches x 6 inches).

3. Balconies are encouraged to provide second floor private areas and to add a view to the marsh, lake or river.

O. SIGNS 1. No individual signs by architects, contractors or suppliers will be permitted during construction. 2. A single sign, approved by BPAC will be permitted. This sign may show the names of the

architect, builder, and property owner (any or all). 3. Approved signs may be purchased from All-Signs and Spectrum Printing

P. SERVICE YARD

1. Items to be screen from view: trash receptacles, utility meters, HVAC equipment, fuel tanks, showers, clotheslines, equipment, small vehicles, materials and supplies, boats and recreational vehicles (see Covenants & Restrictions).

2. Screening to be of a design height, material and color compatible to the dwelling. Q. SATELLITE TELEVISION DISHES/ANTENNAS

1. Satellite television dishes must be installed in a location that minimizes visibility from the street or front of the property.

2. Preferred placement is on an elevated surface such as a roof overhang or side wall.

Jan. 24, 2000, Rev. Mar.1, 2013

IV. DESIGN STANDARDS AND GUIDELINES FOR LANDSCAPING

The general landscape design theme for Battery Point is intended to be natural and visually harmonious with the overall appearance, history and cultural heritage of the Low Country area. Landscaping projects will be evaluated for aesthetic considerations and certain technical compliance. Approval may be withheld purely for aesthetic reasons. It is strongly encouraged that the property owner consult with a landscape architect, landscape designer, or experienced nurseryman familiar with the local plant materials, environmental conditions and soil types of the area to prepare the landscape plan. Invasive and/or nuisance plant material should be avoided. The advice of a certified arborist is invaluable for the protection and preservation of trees during and after the construction period.

A. LANDSCAPE DESIGN STANDARDS

The following are minimum design standards and requirements that will apply to all landscape plan submittals. 1. PLANT MATERIAL

Landscape design must use sufficient plant material to present an established appearance at the time of installation.

a. Plants should be massed rather than in organized linear configurations. b. Planting organization will be expected but vegetation clipped into unnatural shapes

discouraged. 2. EXISTING NATURAL VEGETATION

The BPAC encourages the preservation and incorporation of undisturbed existing natural vegetation into the landscape plan.

a. Areas shall be cleaned (preferably by hand), trimmed and mulched in order to produce an integrated appearance throughout the design.

b. Tree wells and/or other forms should be considered to preserve natural areas. 3. PROPERTY LINES

Common property lines of adjoining residential sites should be planted in such a manner as to be advantageous to each party. As in other matters, the BPAC is primarily concerned with how a property owner’s plans may impact their neighbors and the community as a whole.

a. Masses of screen plantings will be desirable over hedges and vertical modulation will be encouraged.

b. A finished, natural appearance from the road pavement to the property line is strongly encouraged.

4. TREES Live oaks, longleaf pines, magnolias and many other large and small trees are an invaluable asset to Battery Point and are one of the reasons many property owners are drawn to the Low Country. The preservation of trees is a primary duty of the BPAC.

a. Specimen trees, as designed by the BPAC, must be protected during construction by the use of batter boards or fencing to the end of the drip line.

b. Excavations are to be performed in such a manner as to avoid damage to root systems. c. Primary trees, if planted, should be situated so as to complement the residence.

Jan. 24, 2000, Rev. Mar.1, 2013

d. Flowering trees and shrubs are encouraged. 5. TREE REMOVAL

No trees shall be removed which are larger than 6 inches in diameter at 4 feet above grade without prior approval of the BPAC. This rule is in effect during construction and after residence is occupied.

6. COMPLETION OF PROJECT: Landscape work is to be completed within 90 days of issuance of Certificate of Occupancy. Where immediate occupancy is not taken or in speculative construction proof of maintenance must be given to the BPAC.

B. LANDSCAPE SUBMITTAL REQUIREMENTS Two sets of landscape plans must be submitted for review.

1. Landscape plan shall be the same scale as the construction site plan and shall depict: a. All property lines, outline of proposed buildings, drives, patios, decks, etc. b. Existing trees and vegetation that will remain. c. Location, bounds and sizes of all plant material. d. Location, bounds and type of mulch to be used. e. Location, bounds and type of sod to be used. f. Any final grading, terracing, or other improvements not shown on the site plan. g. Specified plant size by height and spread for shrubs; height and caliper for trees;

container size for herbaceous plant material, botanical or common name and quantity used.

h. Drainage arrows, indicating direction of water flow, and any underground piping must be shown.

C. LANDSCAPE RECOMMENDATIONS

1. SOILS: At least one month before any landscape work is started, it is recommended a soil sample be analyzed. Clemson University Extension Service (525-7118), located in the Government Center in Beaufort provides a service ($5.00) to test for PH and nutrients. Based on this test, the landscape contractor can advise on what soil preparation is needed to ensure the long term health of your plants. Battery Point generally has clay and clay loam soil conditions and the addition of fertilizers, organic matter such as peat moss, manure or compost will increase the ability of these soil types to hold nutrients and oxygen for the roots. Berms or raised beds of topsoil and careful thought to drainage will greatly increase the success of the plants.

2. PLANT MATERIAL: Generally, plants should be selected that are identified as hardy for Zone 8B or Zone 9. The following plant sizes are recommended to improve the success rate of an installation and to establish a finished appearance at the time of planting: Small Shrubs 12” – 18” height and spread Medium Shrubs 18” – 24” height and spread Tall Shrubs 24” – 36” height and spread Small Tree 8” – 10” height Large Tree 10”- 15” height

Jan. 24, 2000, Rev. Mar.1, 2013

The use of groundcovers, vines and flowers is encouraged. NOTE: See Section VI for a partial list of plant materials and recommended reading.

V. CONSTRUCTION SITE STANDARDS The following criteria and standards shall apply to any and all construction, improvement, or alteration of any structure, changes to the exterior of any structure and to grading, excavating, tree removal, landscaping or any other changes to the grounds of a single-family home site within the Battery Point community. In the event a violation of these standards takes place, the construction of work being performed shall cease until conformance is achieved. Penalties for infractions of the construction rules are listed below (Paragraph L). Nonpayment of any imposed fines may result in the suspension of a contractor or subcontractor from Battery Point. A. CONSTRUCTION COMMENCEMENT

No lot clearing or placement of portable toilets or signs will be permitted until all required governmental permits are obtained and approval of BPAC has been granted in writing. Installation of driveway culvert must be completed prior to commencement of construction.

B. CONSTRUCTION CLEARING

Only plants, vegetation and trees directly within the planned structure, roof overhangs or driveway shall be removed, unless its removal is covered by BPAC approval in writing of a landscape plan. Any plants, vegetation or trees uprooted or cut down on the job site shall be removed from the job site and from the community as soon as it is practical, but not later than five working days. Preliminary drainage ditches must be installed during the lot preparation stage. Temporary driveway must be installed before blocks are laid or concrete poured to minimize mucking of roads and associated ditches. All drainage or siltation fences necessary to prevent erosion must be installed at this time.

C. CONSTRUCTION HOURS

Workers will not be granted access to Battery Point before 7:00 a.m. Monday through Friday or before 8:00 a.m. on Saturday. All work should cease by 7:00 p.m. each day. The community is closed to workers Sundays and nationally recognized holidays. These hours are subject to rules and regulations as published by the BPAC from time to time.

D. CONSTRUCTION SITE AND CLEANUP

1. All construction personnel working in the community are to keep all areas free of discarded materials such as lunch bags and odd materials. Objects should not be thrown out of cars or trucks.

2. All construction sites must be maintained in a neat and orderly fashion. All contractors are required to provide at least one trash dumpster for ever residence under construction. Dumpsters must be emptied on a regular basis. The builder is responsible for trash that blows off the site and shall retrieve such trash immediately. All trash stockpiled for removal shall be located in the rear of the residence until removed. There will be no stockpiling or dumping on adjacent lots, streets, marsh areas or other environmentally sensitive areas.

Jan. 24, 2000, Rev. Mar.1, 2013

3. Any damage to road swales or pavement must be promptly repaired. The Owner is responsible for repair of the swale from property line to property line, as well as beyond, if swale has been damaged during the construction period.

4. Dirt and mud tracked on roads must be removed immediately.

E. CONSTRUCTION VEHICLES AND TRAFFIC

1. No vehicle shall be parked on any street within the community and shall not be parked on any other lots, whether vacant, under construction or completed. There will be no washing of any trucks or other vehicles on the streets.

2. The established speed limit within the community is 15 miles per hour, unless otherwise posted. 3. No vehicles (trucks, vans, cars, etc.) may be left in the community overnight. Construction

equipment may be left on the site while needed, but must be kept off the street. 4. Adjoining lots are not to be used for access or egress to construction site.

F. HOMEOWNER REPAIRS

Homeowners may affect the routine repairs on their homes during weekend periods. However, they will be subject to the noxious and offensive activity prohibition contained in the Covenants and, at the discretion of the BPAC, may be asked to cease activity if it is determined to be truly offensive.

G. NOISE LEVELS

Loud radios or noise will not be allowed within the community. Normal radio levels are acceptable. However, speakers placed on vehicles o outside homes under construction are not permitted.

H. PERSONNEL

Only bona fide workers are allowed on the property and are required to exit the property upon completion of their work (see Construction Hours llC). Spouses may drive workers to and from the site, but must not remain on the property unless they are actual employees of the subcontractor. No alcoholic beverages are permitted on the property. Contractor personnel are not permitted to bring pets on to the property.

I. PORTABLE TOILETS

After the Battery Point building permit is issued and prior to commencing work, a portable toiled must be placed on the job site and in a manner so as to least disturb other residences and other construction.

J. TELEPHONE AND CABLE TELEVISION LINES

If any telephone, cable television, electrical, water, etc. lines are cut, it is the contractor’s responsibility to report the accident to the appropriate utility.

K. DISCLAIMER

Neither the BPHOA or the BPAC will be responsible for any injuries to construction workers or damage to the equipment of the builder, contractors or workers.

Jan. 24, 2000, Rev. Mar.1, 2013

L. REQUIREMENTS AND PENALTIES 1. The construction will be in accordance with the Site Plan, Final House Plans, Specifications and related data, Landscape Plan and Materials

And Colors List as submitted to and approved by the BPAC. Any changes after Final Approval must be re-submitted and approved by the BPAC.

2. The construction will be situated upon the lot in accordance with the BPAC Approved Site Plan and string-out. The penalty for siting at variance with the BPAC Approved siting will be removal of any work completed and re-siting in the correct position.

3. The first floor elevation and garage slab will be in accordance with the elevations shown on the plans approved by BPAC.

4. Drainage swales, berms, etc. must be installed to ensure proper drainage. If any of this construction adversely affects the drainage of the natural watershed or causes runoff to adjacent properties, roadways and swales, the builder of record will be responsible for any and all repairs. The penalty for non-compliance will be a $250.00 fine plus the cost of repairs and the builder of record and property owner will be responsible.

5. All changes in exterior appearance, materials or colors after final approval has been granted, must be approved by the BPAC. The penalty for non-compliance will be forfeiture of any or all of the Compliance Deposit and a fine imposed on the builder of record. The amount to be determined by the BPAC based upon the extent of unauthorized change.

6. A Battery Point building permit will not be issued until a copy of the Beaufort City Building Permit, the Approval Agreement Letter (dated and signed by the Owner and Builder of Record), the contractor’s inspection fee and the compliance deposit are received by the BPAC Administrator.

7. No clearing of the lot, or deliveries of any materials, dumpsters, portable toilets, etc., can be made with a Battery Point Building Permit. The penalty will be a $200.00 fine per infraction. The Builder of Record will be held responsible.

8. Immediately after clearing the lot, and before the Battery Board inspection, a portable toilet is to be placed on the job site in a manner so as to least disturb other construction.

9. Barricades must be erected along the side and rear property lines and around any trees or areas on the site that, in the opinion of the BPAC, need to be protected. These barricades must remain in good condition during the entire construction period. The penalty for non-compliance will be $100.00 per day beginning after a three-day notice by telephone to the Builder of Record. The BPAC will also provide he Builder of Record with a copy of the BPAC inspection report. It is the Builder’s responsibility to pick up the report from the BPAC and pay the fine.

10. No parking, staging or equipment storage will be allowed on adjacent properties. Access and egress to the building site is not permitted from adjacent lots or common property, and is limited to the construction site driveway, wherever possible. Permission to park anywhere but on the site must be obtained from the BPAC. The Builder of Record is responsible for returning the pavement, swales along the road, adjacent property, or wherever any damaged has occurred to a condition acceptable to the BPAC.

Jan. 24, 2000, Rev. Mar.1, 2013

11. For properties where siltation fences are required, such as marsh lots or lots bordering drainage ditches, any siltation fences must be constructed of BPAC approved fabric, embedded and anchored in the existing soil a minimum of six inches and reinforced with properly staked bales of hay or straw. These siltation fences must remain in good condition during the entire construction period. The penalty for non-compliance will be $100.00 per day beginning after a three-day notice by telephone to the Builder of Record. The BPAC will also provide the Builder of Record a copy of the BPAC inspection report. It is the responsibility of the Builder of Record to pick up this report from the BPAC and pay the fine.

12. Workers will not be granted access to Battery Point before 7:00 a.m. Monday through Friday, or before 8:00 a.m. on Saturday. No work will be allowed on Sundays or nationally recognized holidays. Any infraction of these working hours is the sole responsibility of the Builder of Record. In the event of extenuating circumstances, special permission may be granted by BPAC, but the Builder of Record must be present. The penalty, which will be imposed upon the Builder of Record, for working during unapproved hours will be $100.00 per violation and/or the revocation of the Battery Point Building Permit.

13. The Builder of Record will be responsible for the construction site to be free of litter, discarded construction debris and the site is kept in an orderly fashion. Dumpsters must be provided for all debris and be on-site at the beginning of any construction, and must be emptied on a regular basis. Thorough cleanup will occur before departure from the site each day. The penalty for non-compliance will be $100.00 per day after two days’ notification and the Builder of Record will be held responsible.

14. No trees, bushes or underbrush shall be removed from the Lot or adjacent land without written approval of the BPAC. All trees and naturalized areas which are not expressly authorized to be removed pursuant to approved plans will be protected (see Item 9), and no area on the site, other than the actual area upon which construction will take place, is to be root raked. The penalty for removal of unauthorized vegetation or trees will be $500.00. A tree and vegetation restoration plan acceptable to the BPAC must be presented, approved, and implemented within twenty (20) working days from written notification of the violation or the Battery Point Building Permit will be revoked. The Builder of Record will be held responsible.

15. The Builder of Record will be responsible for prompt and approved repairs to paving, utility lines, swales, adjacent properties, etc. damaged as a result of construction or deliveries to the site. Any modifications to existing utility lines or other facilities required by the construction are the sole responsibility of the Builder of Record.

16. The BPAC will hold the Builder of Record responsible for making the Construction Site Standards (BPAC Design Guidelines) known to all persons working on the construction project. He will also be held responsible for the conduct of his workers or subcontractors. This conduct includes the following:

a. Construction workers must remain on the job site at all times unless traveling to and from the job site.

b. Construction workers are not permitted to fish anywhere in Battery Point or from any dock.

c. All construction personnel and visitors are subject to BPAC regulations and the Covenants of Battery Point.

d. The possession and/or the consumption of alcohol or drugs in Battery Point is prohibited. Violators will be removed from the community.

Jan. 24, 2000, Rev. Mar.1, 2013

e. Firearms or other weapons at the work site and throughout Battery Point are prohibited.

f. No workers will be allowed to bring dogs or any other animals on the job site. g. Any nuisance, such as loud radios, profanity, etc. is prohibited.

The penalty for non-compliance is $100.00 per violation after the initial violation or expulsion from Battery Point. There will be one warning before a fine is imposed.

17. Construction trash fires are not allowed. The penalty is $500.00 per violation and will be charged to the Builder of Record.

18. Construction shall be completed within twelve months from the issuance of the Battery Point

Building Permit, unless a written extension is granted by the BPAC. Non-compliance will be a forfeiture of the total compliance deposit.

19. The location and plant size of landscaping material must be in accordance with the BPAC

approved landscape plan and shall be in place no later than 90 days after substantial completion of the home. The BPAC will be the sole judge of what constitutes substantial completion. If extenuating circumstances occur, a written request from the Owner will be considered by the BPAC. The penalty for non-compliance shall be $100.00 per day after 90 days, and is the responsibility of the Owner.

20. In the event construction and landscaping are not completed in accordance with the approved

plans and the conditions stated herein, the BPAC will give a notice of ten (10) days in order to bring any violations into compliance. After ten days, the BPAC will have the authority to withdraw all or such part of the compliance deposit as the BPAC, in its sole judgment, deem appropriate to restore or correct the violations. The Owner or the Builder of Record hereby agree to allow workers or independent contractors an easement to enter the lot to perform any work necessary to correct the violation.

21. If the construction and landscaping has been completed in accordance with the approved plans

and has been judged satisfactory upon the final inspection by the BPAC, the full amount of the compliance deposit will be promptly refunded. If it becomes necessary for the BPAC to take action in accordance with the above paragraphs, then the cost of the work done and appropriate penalties will be deducted from the deposit and the balance, if any, will be promptly refunded.

It is understood that the BPAC is not obligated in any way to take any of the actions provided for in the preceding paragraphs. This approval expires six (6) months after the date of approval by the BPAC, unless construction has started. This approval can only be changed by written agreement between the parties involved. NOTE: The Owner is liable for all matters caused by the acts of the Owner, or those of the Builder of Record or General Contractor.

Jan. 24, 2000, Rev. Mar.1, 2013

VI. PLANT MATERIALS

The following is a partial list of plant materials that do well in this area. They are listed as examples of hardy plants and, for the most part, deer avoid. It is best to discuss selections with your landscape designer, as deer’s tastes change and there is a wide variety of plants best suited for different soils and light conditions. BOTANICAL NAME COMMON NAME Large Deciduous Trees

Acer floridanum SOUTHERN SUGAR PALM Acer rubrum RED MAPLE Betula negra RIVERBIRCH Carya aquatica WATER HICKORY Carya glabra PIGNUT HICKORY Carya illionesis PECAN Carya ovata SHAGBARK HICKORY Carya tomentosa MOCKERNUT HICKORY Celtis laevigata SUGARBERRY Fagus grandifolia AMERIAN BEECH Fraxinus pennsylvanica GREEN ASH Liquidambar styraciflua SWEET GUM Liriodendron tulipifera TULIP POPLAR Morus rubra RED MULBERRY Nyssa sylvatica BLACK TUPELO Platinus occcidentalis SYCAMORE Prunus serotina BLACK CHERRY Quercus alba WHITE OAK Quercus falcate SOUTHERN RED OAK Quercus lyrata OVERCUP OAK Quercus phellos WILLOW OAK Quercus michauxii SWAMP CHESTNUT OAK Quercus velutina BLACK OAK Salix nigra BLACK WILLOW Taxodium ascendens POND CYPRESS Taxodium disticum BALD CYPRESS Large Evergreen Trees Ilex opaca AMERICAN HOLLY Magnolia grandiflora SOUTHERN MAGNOLIA Juniperous salicifolia SOUTHERN RED CEDAR Pinus elliottii SLASH PINE Pinus glabra SPRUCE PINE Pinus palustris LONG LEAF PINE Pinus serotina POND PINE

Jan. 24, 2000, Rev. Mar.1, 2013

Pinus taeda LOBOLLY PINE Large Evergreen Trees

Pruus caroliniana CAROLINA CHERRY LAUREL Quercus laurifolia LAUREL OAK Quercus virginiana LIVE OAK Sabal palmetto CABBAGE PALM Small Deciduous & Flowering Trees Amelancier arborea SERVICEBERRY Carpinus caroliniana MUSCLE WOOD Cercis canadensis RED BUD Chionanthus virginicus FRINGE TREES

Cornus amomum SWAMP DOGWOOD Cornus Florida FLOWERING DOGWOOD Crataegus Spp. HAWTHORNE Diospyros virginiana PERSIMMON Halesia Carolina CAROLINA SILVERBELL Hamamelis virginiana WITCH HAZEL Malus angustifolia SOUTHERN CRABAPPLE Salix caroliniana WARD WILLOW Sassafras albidum SASSAFRAS Xanthoxylum clava-herculis PRICKLY ASH Small Evergreen Trees Gordonia lasianthus LOBLOLLY BAY Ilex vomitoria YAUPON HOLLY Magnolia virginianan SWEETBAY MAGNOLIA Osmantuhus asmericana AMERICAN TEA OLIVE Persia boronia RED BAY Large Deciduous Shrubs Aesculus pavia RED BUCKEYE Alnus serulata TAG ALDER Aralia spinosa HERCULES’ CLUB Asimina tribola PAWPAW Cephalanthus occidentialis BUTTONBUSH Daubintonia punicea RATTLEBOX Fothergillia major WHITE ALDER Ilex deciduas POSSUM-HAW HOLLY Hydrangia quercifolia OAKLEAF HYDRANGEA Prunus angustiolia WILD PLUM

Jan. 24, 2000, Rev. Mar.1, 2013

Pinckneya bractea FEVERTREE Rhus copallina WINGED SUMAC Rhus typhina STAGHORN SUMAC Sambucus Canadensis ELDERBERRY Vaccinium arboreum SPARKLEBERRY Vaccinium corymbosum HIGHBUSH BLUEBERRY Viburnum prunifolium BLACK HAW Large Evergreen Shrubs Baccharis halimifolia GROUNDSEL Clitonia monophylla BUCKWHEAT TREE Cyrilla racemiflora TITI Ilex cassine DAHOON HOLLY Ilex myrtifolia MYRTLE HOLLY Leucothoe populifolia FLORIDA LEUCOTHOE Myrica cericifera WAX MYRTLE Simpolcos tinctoria HORSE SUGAR Yucca aliofolia SPANISH BAYONET Medium Deciduous Shrubs Aronia arbutifolia RED CHOKEBERRY Amopha fruticosa FALSE INDIGO Callicarpa Americana BEAUTYBERRY Calycanthus floridus SWEET SCHRUB Ceonothus americanus NEW JERSEY TEA Clethhra alnifolia SWEET PEPPERBUSH Crataegus viridis GREEN HAWTHORNE

Eunonymous americanus STRAWBERRY BUSH Fothergilllia minor DWARF WITH ALDER Hybiscus moscheutos ROSE MALLOW Ilex verticillata WINTERBERRY Ilex laevigata SMOOTH WINTERBERRY Illucium floridanum FLORIDA ANISE Itea virginica SWEETSPIRE Lindera benzoin SPICEBUSH

Rhododendron viscosum SWAMP AZALEA Rhododendron nudiflorum PINXTER AZALEA Rhus glabra SMOOTH SUMAC

Jan. 24, 2000, Rev. Mar.1, 2013

Medium Evergreen Schrubs Hypercium patulus ST JOHNS WORT Ilex glabra INKBERRY Ilex vomitoria “nana” DWARF YAUPON HOLLY Iva imbricata MARSH ELDER Lyonia lucida STAGGERBUSH Leucothoe axillaries FETTERBUSH Optunia compressa PRICKLY PEAR CACTUS Sabal minor DWARF PALMETTO Serenoa repens SAW PALMETTO Yucca filimentosa BEAR GRASS Yucca gloriosa MOUND LILY YUCCA Groundcover and Vines Ameplopsis arborea PEPPER VINE Bignonia capreolata CROSS VINE Campsis radicans TRUMPET CREEPER Decumaria Barbara CLIMBING HYDRANGEA Gelsemium sempervirens YELLOW JESSAMINE Mitchela repens PARTRIDGEBERRY Rubus argutus CREEPING BLACKBERRY Lonicera sempervirens RED TRUMPET HONEYSUCKLE Parthenoscissus quinquefolia VIRGINIA CREEPER Passiflora incarnata MAY-POP PASSIONFLOWER Smilaz smallii SWEET-SCENTED SMILAX Smilax glauca SAWBRIER Vitus rotundifolia MUSCADINE Wisteria frutescens WILD WISTERIA Wild Flowers Aster Spp ASTER Asclepias humistrata SAND MILKWEED Baptisia alba WILD INDIGO Borrichia frutescens SEA OXE-EYE Chimophila maculata PIPSESSEWA Chrysanthemum Spp. OXE-EYE DAISY Cirsium caroliniaum PURPLE THISTLE Clitoria mariana BUTTERFLY PEA Coreopsis lanceolata COREOPSIS Eyrthrina herbacea CORAL BEAN Galctactia volubilis MILK VETCH

Jan. 24, 2000, Rev. Mar.1, 2013

Gallardia pulchella BLANKET FLOWER Goodyera pubescens RATTLESNAKE PLAINTAIN Helianthus Spp. SUNFLOWER Hexastylis arifolia WILD GINGER Ipomea Spp. MORNING GLORY Liastris graminofoolia BLAZING STAR Lobelia glandulosa PURPLE LOGELLA Lupinus villosus LADY LUPINE Polygala Spp MILKWORTS Pycananthemum Spp. HORSEMINT Rhexia virginica MEADOW BEAUTY Solidago Spp. GOLDENROD Tradescantia SPIDERWORT Trilium discolor TRILLIUM Verbascum thapsis MULLIEN Verbena Spp. VERENA Viola Spp. WOODS VIOLET Grasses Andropogon capillipes COASTAL BROOMSEDGE Arundinaria gigantean SWITCH CANE Chasmanthium latifolium UPLAND SEA OATS Carex Spp. SEDGES Distichlis spicata SEASHORE SALTGRASS Eleocharis Spp. SPIKERUSHES Eragrotis pectinacea CAROLINA LOVE GRASS Eianthus giganteus PLUM GRASS Juncus effuses SOFT RUSH Juncus roemerianus BLACK RUSH Muhlenbergia capillaries MUHLYGRASS Panicum agrostoides RED TOP PANIC GRASS Panicum amarum DUNE PANIC GRASS Sacciolepis stricta BAGGY-KNEES GRASS Scirpuss robustus BULLRUSH Spartina alterniflora CORDGRASS Spartina patens MARSHHAY CORDGRASS Zizania aquatica WILD RICE

Jan. 24, 2000, Rev. Mar.1, 2013

Ferns Asplenium platyneuron EBONY SLEENWOT Osmunda cinnamomea CINNAMON FERN Onoclea sensibilis SENSITIVE FERN Osmund regalis ROYAL FERN Polypodium polypodiodes RESURRECTION FERN Pteridium aquilinum BRACKEN FERN Woodwardia areolata NETTED CHAIN FERN Wetland Plants Arisaema triphyllum JACK-IN-THE-PULPIT Canna flacida YELLOW CANNA Hydrocotyle umbellata MARSH PENNYWORT Nelumbo lutea AMERICAN LOTUS Nymphacea odorata FRAGRANT WATER LILY Peltandra virginica ARROW ARUM Polygonum lapathifolium WILLOW WEED Pontederia cordata PICKEREL WEED Sagitaria latifolia DUCK POTATO Saururus cernuus LIZARD’S TAIL Typha latifolia CATTAIL Xyris iriifolia YELLOW-EYED GRASS

RECOMMENDED READING

If you are new to this area or desire to learn more about gardening and landscaping, the following books could be helpful in learning about plants that would do well in this geographical area. Garden Guide to the Lower South Trustees’ Garden Club of Savannah, Georgia PO Box 24215 Savannah GA 31403-4215 Landscape Plants of the Southeast

Gordon Halfacre and Ann R. Shawcroft Sharks Press Deer Management in Residential Developments in Beaufort City and the Sea Islands Fred G. Trask Clemson Horticultural Extension Service Gardening in the Carolina Low Country Beaufort Council of Garden Clubs

Jan. 24, 2000, Rev. Mar.1, 2013

VIII. TREE PROTECTION SPECIFICATIONS

All necessary bracing and shoring should be provided to safeguard mature trees against movement and settlement of existing improvements or new construction. The Owner is entirely responsible for the necessary precautions and for damage and injury to trees and shrubs. TREE PROTECTION Trees and other vegetation should be protected against unnecessary cutting, breaking or skinning of roots and/or bark, and smothering by stockpiling construction materials or excavated materials within drip line. Temporary guard barriers should be provided to protect trees and vegetation left standing.

During the course of construction, trees and other vegetation should be watered as necessary to maintain their health.

Contractors shall protect roots over 1-1/2 inches that are cut during construction operations; coat the cut faces with an emulsified asphalt or other acceptable coating; and cover temporarily exposed roots with wet burlap to prevent them from drying out; and, cover with earth as soon as possible.

TREE DAMAGE REPAIR Trees and vegetation damaged by construction shall be repaired in a manner acceptable to the BPAC. A qualified tree surgeon should be employed to repair major damage to trees and shrubs. The Owner shall not allow or cause any of the repair work performed or installed to be covered up or enclosed prior to BPAC required inspections. If any of the work is enclosed or covered up before it has been tested, all such work must be uncovered to obtain approval.

TREE PENALTY The intent of this clause is to emphasize the importance of saving all trees. All trees to be saved shall be maintained in an undamaged condition. Damage shall be defined as the act of scaring, nailing, cutting, or breaking of limbs, etc. of any part of the tree or its root system in such a manner that may cause the tree to be permanently hurt. Accidental damage due to dead trees falling, equipment breakdown, or any act on the part of the contractor and/or Owner deemed by the BPAC to be unavoidable, would not warrant a penalty. However, the Owner will be liable for consistent accidental damage to trees.

Damage due to improper location of utility trenches or ditches will not be considered accidental. The Owner will be responsible for damage on the part of the contractor, whether by method of excavation, use of improper equipment, incompetence of any operator or failure to properly inform operators as determined by the BPAC.

All trees on the site shall be saved except those specifically marked for removal on an agreed site plan. No tree, either those marked for removal or any other tree may be removed prior to the BPAC inspection and written approval.

Trees will be rated by the BPAC as to species, condition, and site importance with the following figures acting as maximum penalties and the minimum penalty amounting to no less than one-half these figures.

Jan. 24, 2000, Rev. Mar.1, 2013

SMALL FLOWERING EVERGREEN TREES AND SHRUBS (Dogwood, all bays, wax myrtle, hollies, magnolias, etc. in clump, bush or single stem.) HEIGHT MAX. PENALTY 6’ – 8’ $ 130.00 8’ – 10’ $ 150.00 10’ – 12’ $ 200.00 12’ – 14’ $ 250.00 14’ – 16’ $ 325.00 16’ – 18’ $ 475.00 18’ And up Follow large tree schedule using caliper of trunk LARGE TREES CALIPER HEIGHT MAX. PENALTY 4” – 4-1/2” 20’ $ 295.00 4-1/2” – 5” 22’ $ 370.00 5” - 6” 26’ $ 475.00 6” – 7” $ 600.00 7” – 8” $ 750.00 8” – 11” $1,500.00 11” – 20” $2,000.00 21” And larger $2,500.00

Jan. 24, 2000, Rev. Mar.1, 2013

BATTERY POINT ARCHITECTURAL COMMITTEE (BPAC)

BEAUFORT, SC

APPROVAL- TO- BUILD LETTER AND AGREEMENT

DATE_________________

CONSTRUCTION LOCATON: LOT NO. ___________ STREET NO.__________

PROPERTY OWNER:_______________________________________________ ADDRESS:________________________________________________________ STATE_______________________ ZIP_________________ PHONE: ( )________________(W) ( )__________________HOME/CELL

THE PARTIES HEREBY ACCEPT AND APPROVE THESE CONDITIONS PURSUANT TO THE APPROVAL DOCUMENTS AND LETTER FROM THE BATTERY POINT ARCHITCTURAL COMMITTEE. WE THE UNDERSIGNED, CERTIFY THAT WE HAVE READ THE BATTERY POINT ARCHITECTURAL COMMITTEE BUILDING & DESIGN STANDARDS & REQUIREMENTS DATED MARCH 1, 2013 AND THE CONTENTS OF THIS APPROVAL AGREEMENT AND AGREE TO ABIDE BY THE PROVISIONS THEREIN. WE FURTHER AGREE TO OBTAIN A BUILDING PERMIT FROM THE CITY OF BEAUFORT PRIOR TO ANY CONSTRUCTION AND TO PROVIDE A COPY OF THAT PERMIT TO THE BPAC WITHIN SEVEN DAYS OF ISSUANCE OWNER/S SIGNATURE______________________________________________ DATE____________________________ THIS AGREEMENT WILL BECOME, UPON SIGNING, A LEGALLY BINDING AGREEMENT BETWEEN THE OWNER, BUILDER OF RECORD AND THE BATTERY POINT ARCHITECTURAL COMMITTEE, THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS.

Jan. 24, 2000, Rev. Mar.1, 2013

IX. LICENSING AND LIABILITY WE THE UNDERSIGNED ARE LICENSED BY THE STATE OF SOUTH CAROLINA, , WILL CARRY LIABILITY INSURANCE FOR THE DURATION OF THE CONSTRUCTION CONTRACT AND WILL DELIVER A COPY OF THE LICENSE AND LIABILITY INSURANCE CONTRACT TO THE BPAC PRIOR TO PERFORMING ANY WORK.

BUILDER OF RECORD OR GENERAL CONTRACTOR NAME_____________________________________________________________

ADDRESS:_______________________________STATE_________ZIP_________ PHONE: ( )_________________(W) ( )___________________HOME/CELL

BUILDER OF RECORD LICENSE NUMBER___________________________ LICENSE EXPIRATION DATE_______________________________________ LIABILITY INSURANCE CARRIER__________________________________ DATE____________________________

ARCHITECT NAME________________________________________________________

LICENSE NUMBER___________________________ LICENSE EXPIRATION DATE_______________________________________

FIRM NAME________________________________________________________ ADDRESS:_______________________________STATE_________ZIP_________ PHONE: ( )_________________(W) ( )___________________HOME/CELL

Approval is granted as per the Covenants, Conditions, Restrictions, and Easements for Battery Point, for construction of a (residence, addition, dock, exterior alterations) subject to the acceptance of the conditions of the Building Design Requirements by the Owner and Builder of Record.

Jan. 24, 2000, Rev. Mar.1, 2013

This letter must be signed by the Owner and The Builder of Record and returned to the Battery Point Architectural Committee along with the refundable Compliance Deposit and non-refundable Inspection Fee in order to obtain a Battery Point Building Permit. All checks are to be Payable to: Battery Point Homeowners Association. FEE SCHEDULE

NEW CONSTRUCTION Refundable Compliance Deposit $1,000.00 Non-refundable application fee $ 250.00 Non-refundable inspection fee $ 250.00 to be paid by builder of record

ADDITIONS / MODIFICATIONS

Refundable compliance Deposit $ 500.00 Non-refundable inspection fee $ 100.00 Pier/Docks/Walkways/Bulkheads Compliance deposit $ 500.00

Date Received____________________________________________________ Signature-BPAC Representative______________________________________ Signature-Architect________________________________________________

Jan. 24, 2000, Rev. Mar.1, 2013

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