Orchard Ranchettes Architectural Guidelines / Requirements All Phases

ORCHARD RANCHETTES

ARCHITECTURAL GUIDELINES

/ REQUIREMENTS

ALL PHASES

Orchard Ranchettes "Architectural Guidelines/Requirements" Rev. 2/05/13

INDEX The term ACC designates - Architectural Control Committee The term TOQC designates - Town of Queen Creek

Index by Section number Alphabetical Index ACC "Standards and Procedure" Revision ACC Signature Approval Architectural Guidelines/Requirements Revision History Purpose SECTION 1 HOMEOWNER / ACC RESPONSIBILITY 1.1 General 1.2 Notice of Change of Address/Contact Information 1.3 Responsibilities

SECTION 2 PROCEDURES

Section 2A New Construction of Main Residential Structure and Remodels/ Flow Chart 2.1 Required Procedure for New Construction of Main Residential Structure and Remodels 2.2 Commencement of Construction

Section 2B ACC Procedures and Flow Chart

2.1 Recommended Procedure 2.2 Pre-Permit Request Meeting 2.3 Required Approval 2.4 Committee Procedure 2.5 Resubmission/Appeal 2.6 Commencement of Construction 2.7 Time Permitted from start of project to completion

Section 3 LANDSCAPES, DRAINAGE and RETENTION 3.1 Intent 3.2 Landscape Plan 3.3 Trees and Shrubs 3.4 Grass 3.5 Granite 3.6 Lighting 3.7 Grading, Drainage and Retention

Section 4 ARCHITECTURAL 4.1 Additions or Alterations 4.2 Antennas 4.3 Buildings: Main Residence, Guest Homes & Garages 4.4 Clothes Drying Facilities 4.5 Colors - Exterior Painting 4.6 Driveways/Walkways 4.7 Flagpoles 4.8 Horse Stalls/Shades/Stables

INDEX

4.9 Lighting/Light Posts - Outside 4.10 Machinery and Equipment 4.11 Mailboxes 4.12 Pools/Hot Tubs 4.13 Rain Gutters and Downspouts 4.14 Recreation Accessories 4.15 Security Doors 4.16 Sheds (Small) No larger than 120 sq. ft. 4.17 Solar Panels/Solar Banks 4.18 Structures - Larger than 120 sq. ft. 4.19 Sun Screens 4.20 Windows

Section 5.0 FENCES AND WALLS 5.1 Masonry and PVC Vinyl Fences and Walls 5.2 Approvals Required 5.3 Fence and Wall Definitions (Purpose)

5.3.1 Back Lot side fence/walls: adjacent to residential property - "common fence" 5.3.2 Back Lot side fence/walls adjacent to "common areas" 5.3.3 Back Lot back fence 5.3.4 Return fencing/walls 5.3.5 Front Lot fencing or walls 5.3.6 Interior fencing or walls

5.4 Requirements

5.4.1 Painting 5.4.2 Stucco 5.4.3 Fence/Wall and Gate Height 5.4.4 Back Lot back fence 5.4.5 Back Lot side fence/wall- adjacent to residential property - "common fence" 5.4.6 Back lot side fence/wall- adjacent to "common areas" - "common fence" 5.4.7 Return fence/wall - adjacent to residential property 5.4.8 Return fence/wall- adjacent to "common areas" 5.4.9 Front lot fence/wall 5.4.10 Interior fencing/walls 5.4.11 Corner lot fencing/walls 5.4.12 Pool safety fencing/walls 5.4.13 Livestock area fencing 5.4.14 Property line verification

INDEX

5.5 Description/Construction material

5.5.1 Architectural block (split face): "solid fence/wall" 5.5.2 Masonry block: "solid fence/wall" 5.5.3 Solid wall 5.5.4 White PVC Slat Fence (3-Rail) - Referred to as "white PVC 3-Rail Ranch Style" 5.5.5 "White PVC privacy fencing" 5.5.6 Livestock fencing 5.5.7 Other fencing or walls

5.6 Wire fencing attached to white PVC 3-rail Ranch Style fencing 5.7 Lattice Work Attached to white PVC 3-rail Ranch Style fencing

Section 6.0 PARKING/SCREENING 6.1 Purpose

6.2 Definitions

6.2.1 Vehicle 6.2.2 Neighboring Property 6.2.3 Front Yard 6.2.4 Back Yard (Rear Yard) 6.2.5 Return fencing/walls 6.2.6 Fence definitions 6.2.7 Screening 6.2.8 "Visible” or Visibility": 6.2.9 Side Screening - Linear feet screening 6.2.10 Front and Back Screening - Width screening

6.3 Requirements

6.3.1 Unlicensed vehicles 6.3.2 Location 6.3.3 40 Feet Setback Requirement 6.3.4 Cul-de-sac and corner Lots 6.3.5 Number of vehicles permitted 6.3.6 Maximum length permitted 6.3.7 Vehicle Screening - Side, Front and Back

6.4 Vegetation requirement vs. vehicle size

6.4.1 Number of trees or shrubs 6.4.2 Vegetation size and variety

Alphabetical Index

Subject Section Subject Section

ACC Permit Requirements 1.3.2 Mail Boxes 4.11

Additions or Alterations 4.1 Motor home parking 6

Air Condition Units 4.10 Painting 4.5

Antennas 4.2 Parking/Screening 6

Appeals 2.5 Playground Equipment 4.14

Basketball Backboards 4.14.1 Pools 4.12

Basketball Courts 4.14.1 Rain Gutters and Downspouts 4.13

Batting Cages 4.14.4 Recreation Accessories 4.14

Boat Parking 6 Recreation Shades 4.14.3

Clothes Drying Lines 4.4 Responsibilities - Owner & ACC 1.3

Colors 4.5 Residences 4.3

Driveways 4.6 Resubmission of request 2.5

Evaporative Coolers 4.10 Retention - Grading & Retention 3.7

Fascia stone/brick 4.1 Roofing 4.3.5

Fencing and Walls 5 RV Parking 6

Flagpoles 4.7 Security Doors 4.15

Frontage Width 4.3.4 Sheds (larger than 120 sq. ft.) 4.18

Garages 4.3 Sheds (no larger than 120 sq. ft.) 4.16

Gazebos 4.18 Shrubs 3.3

Grading, Drainage & Retention 3.7 Solar Banks 4.17

Grass 3.4 Solar Panels 4.17

Green houses 4.18 Sports Courts 4.14.4

Guest Homes/Casitas 4.3 Structures (larger than 120 sq. ft.) 4.18

Heating Units 4.10 Sun Screens 4.19

Horse Stall/Shade/Stable 4.8 Tack Rooms 4.18

Horse Trailer Parking 6 Tennis Courts 4.14.4

Hot Tubs 4.12 Trailer Parking 6

Landscaping 3 Trees 3.3

Lighting - Landscape 3.6 Utility Trailer Parking 6

Lighting - Outside 4.9 Walkways 4.6

Light Posts 4.9 Windows 4.20

Machinery and Equipment 4.10 Workshops 4.3

"Standards and Procedure" Architectural Control Committee Rules

Whereas the Orchard Ranchettes CC&R's Section 6.6 states:

"Architectural Control Committee The Architectural Control Committee many, from time to time, and in its sole and absolute discretion, adopt, amend and repeal, by unanimous vote or written consent, rules and regulations, to be known as the Architectural Control Committee Rules, may set forth the standards and procedures for Architectural Control Committee review and guidelines for architectural design, placement of buildings, landscaping, color scheme, exterior finishes and materials and similar features which are recommended for use within the Project."

It is hereby proposed a new "standards and procedure" of the Architectural Control Committee Rules (also referred to as Architectural Guidelines and Requirements) be implemented, as permitted per CC&Rs, Section 6.6, for the review and approval of said document

6.6 Architectural Control Committee Rules: The ACC from time to time, and in its sole and absolute discretion, adopt, amend, repeal, by unanimous vote or written consent, rules and regulations known as the Architectural Control Committee Rules, may set forth the standard and procedures for the ACC review and guidelines for architectural design, placement of buildings, landscaping, color scheme, exterior finishes and materials and similar feature which are recommended for use within the Property.

ACC Approval

Print Name Signature Date

Orchard Ranchettes "Architectural Guidelines/Requirements" Rev. 2/05/13 ACC Chair MHM

Architectural Guidelines/Requirements Revision History

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d d

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ec Description/Purpose of Changes

A A A S Date

Complete re-write to combine multiple documents into one document. No new Not All All rules implemented. Approved

Remove sections 7 & 8. These are enforcement documents which should not be included in this document. Removed 1.3.5 which referenced section 8. 7 & 8 A&B 06/22/11 Removed TOQC permit verification requirement by ACC from Attachment A and Attachment B. (Refer to June 22, 2011 Board minutes for these revisions)

All A&B Complete re-write of all sections and attachments. 12/13/11 Re-write of sections through 4.9 of ACC Guidelines and Attachment A and B. Refer to January 7, 2013, Feb. 5, 2013 ACC minutes for these revisions. Addition of All A&B Arizona Statute requirements A.R.S. 33-1817 for New Home Build and remodels to 2/5/13 include but not limited to flow chart and 2 full sets of secured permitted plans from TOQC prior to Final Design Review Meeting, or Final Design Approval.

Addition of Arizona Statute requirements A.R.S. 33-1817 for New Home Build and remodels to include but not limited to flow chart and 2 full sets of secured permitted plans from TOQC prior to Final Design Review Meeting, or Final Design

Approval

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Orchard Ranchettes "Architectural Guidelines/Requirements" Rev. 2/05/13 ACC Chair MHM

PURPOSE

These rules and procedures for Orchard Ranchettes have been formulated for t h e b e n e f i t of y o u a n d y o u r n e i g h b o r s . They also offer you an opportunity to have your preliminary plans reviewed by the community Association "Architectural Control Committee" (ACC) prior to having incurred the costs of final working blueprints. As the ACC is obliged to enforce its authority regarding the CC&Rs and the ACC Guidelines (through injunctive relief, if necessary), it is imperative that you read and understand them so as to not be in violation thereof.

Universal rules of the entire spectrum of architectural designs which may be submitted to the ACC are not practical. The ACC is required to make judgments and is given that authority in the CC&Rs, but will be guided by two principals: (a) Aesthetic integrity and compatibility; and (b) Owner's/applicant's desires.

It is necessary that the aesthetic integrity and compatibility are satisfied and every effort possible will be made to comply with the Owner's/applicants desires when logical and practical. When such desires cannot be approved, the ACC shall make a logical effort to help develop suitable alternatives.

The Architectural Design Guidelines, as set forth in this document, shall interpret and implement procedures for the Committee's review of, and the standards for development within Orchard Ranchettes, including, but not limited to, architectural design, placement of buildings, landscaping, lighting design, plant selection, color schemes, exterior finish and materials, wall design and similar matters and shall have the same force and affect as the Association CC&Rs.

The following requirements are promulgated by the Architectural Control Committee (ACC) as guidelines, regulations and procedures pursuant to the provisions of the Declaration of Covenants, Conditions and Restrictions (CC&Rs) for Orchard Ranchettes.

Property improvements, alterations or additions that were approved in writing by the ACC based on previously approved guidelines will not require changes to meet the requirements of revised guidelines.

Orchard Ranchettes "Architectural Guidelines/Requirements" Rev. 2/05/13 ACC Chair MHM SECTION 2 PRODECURES FOR NEW CONSTRUCTION OF MAIN RESIDENTIAL STRUCTURE AND REMODELS

Page 1 of 16

SECTION 1 - HOMEOWNER/ACC RESPONSIBILITIES

1.1 General: In accordance with Article 6 of the Declaration of Covenants, Conditions and Restrictions and Easements (CC&Rs) for Orchard Ranchettes, a Planned Community, an Architectural Control Committee, hereafter referred to as the ACC, shall be established to perform the duties set forth in the CC&Rs. In addition to other duties outlined in the CC&Rs, the ACC shall adopt guidelines and procedures for the preparation, submission and determination of the request for any approvals required for any construction, landscaping or other improvements within Orchard Ranchettes. The ACC is responsible to the Orchard Ranchettes Homeowners Association Board of Directors. Nothing contained herein shall be construed as altering, amending or changing the Declaration of Covenants, Conditions and Restrictions ("Deed Restrictions") as recorded with the County of Maricopa, or the Articles of Incorporation and By-Laws of Orchard Ranchettes. This document, referred to as the ACC "Guidelines/Requirements" defines the rules by which the Association and the ACC operates. The ACC reserves the right, to modify or change any of these Guidelines with or without notification. If there is any conflict between this document and the Association CC&Rs and local ordinances (State and/or Town) the Association CC&Rs shall be considered the controlling document unless the local ordinances are more restrictive.

1.2 Notices and Change of Address/Contact Information: CC&R 11.9 It is highly recommended that the Orchard Ranchettes Management Company be kept advised of any changes or alternate addresses that differ from the residence address within the community so that the management company would be able to contact the Homeowner in case of emergency.

1.3 Responsibilities: CC&R 5.39 1.3.1 Town of Queen Creek Permits: It is the responsibility of the Homeowners to obtain the necessary permits and permitted plans secured from TOQC. The ACC is not responsible for assuring homeowner compliance with the TOQC requirements. 1.3.2 ACC Permits: CC&R 6 An Architectural permit request is required to be completed, signed, and submitted by the Homeowner. For new construction of main residential structure and remodels, two full sized set of complete architectural plans must be submitted to the management company. Information not contained in the Architectural permit documentation will be d e e m e d as incomplete and will n o t b e reviewed by the ACC. All other permits will require The Architectural permit request form is Attachment A. Refer to Attachment B for the required supporting documents. Both documents are available on line or from the Association management company. ACC permit requests are valid for 180 days from the date of approval. If work has not started within this 180 day period a new request must be submitted to the ACC. 1.3.3 Any work started or completed without an approved ACC permit shall be considered a violation and work must be stopped, if in progress, at the Homeowner’s expense. A permit request for the work being done will be required to be submitted by the Homeowner. Failure to do so will result in fines as defined in the Association enforcement policies.

1.3.4 Once a permit has been approved in writing, deviations or variations or change of purpose or usage from the approved plans may not be made without prior written approval from the ACC. If an off property inspection discloses deviations have been made without prior written approval, this becomes a violation and the Homeowner will be given notice to submit a permit request for a revised plan. Failure to do so will result in fines as defined in the Association enforcement policies.

1.3.5 The Architectural Control Committee shall have the authority to employ or retain an architect and/or engineer as a consultant and to charge a fee or fees, to the Owner, as the Architectural Control Committee determines in its sole discretion to be reasonable and/or necessary to defray the cost of its review and/or to achieve the professional evaluation of such plans and specifications.

1.3.6 In cases where ACC approval is not required, as noted in this document, all CC&R requirements and all ACC Guidelines/Requirements shall be met. If there are compliance questions regarding your project please contact the management company and request the ACC review your plans. Orchard Ranchettes "Architectural Guidelines/Requirements" Rev. 2/05/13 ACC Chair MHM Page 2 of 16

SECTION 2 – Required Procedures and Flow Charts: CC& R Article 6

Section 2A New Construction of Main Residential Structure and Remodels

Per AZ Statute 33-1817

This flow chart shows the step by step recommended procedure

Develop concept drawing

Meet with ACC for preliminary review

Meet with Town of Queen Creek (TOQC) for preliminary review

Develop plans based on input from meeetings

Upon pre-application from from TOQC submit plans for ACC permit request

Plans will be reviewed by the Architect and comments forwarded to the ACC

ACC will review Plans for Conditional Approval with stipulations if there are no concerns.

Submit plans to TOQC for Town/County Permits

Two sets of final permitted plans secured From TOQC will be processed and forwarded to the ACC for Final Design Review.

ACC Final Design Review Meeting will be held with homeowner or designated representative. Final Design Approval will be issued if there are no changes.

Any changes made during permitting process will require re-submittal of the permit request.

2.1 Requireda. Prior Procedures: to the review AZ by Statute the ACC, A.R.S. all completed 33-1817 8Permit.6.12 & Request Revised Applications ACC/HOA whichResolution are signed 9.11.12 2.1 and submitted by the homeowner and include two (2) full sized complete set of architectural plans with all required documentation will be delivered to the management company. Architectural plans will be delivered via management company to ACC Committee, and the ACC Architect. After the architect reviews the architectural plans, the architect will deliver his comments to the management company, which will be forwarded to the ACC. The ACC will have a meeting to review the plans and the architect comments. Conditional Approval with stipulations may be made if there are no concerns. If there are any concerns the permit will require re-submittal of permit request. If Conditional approval with stipulations is issued the homeowner will receive written acknowledgement via the management company. The homeowner may present the plans to the TOQC for required permits.

b. The association shall charge the member a refundable security deposit and a non- refundable charge for the costs required for architect reviews. These costs charged to member will be paid to the association via the management company as a part of the permit request application. The association requires the member to pay a security deposit to secure completion of the member’s construction project or compliance with approved plans, the deposit shall be placed in a trust account. Any interest earned on the refundable security deposit shall be become part of the security deposit.

c. The association must provide for at least two on-site formal reviews during construction for the purpose of determining compliance with the approved plans. The member or member’s

Orchard Ranchettes "Architectural Guidelines/Requirements" Rev. 2/05/13 ACC Chair MHM Page 3 of 16 agent shall be provided with opportunity to attend both formal reviews. Within five business days and after the formal reviews, the association shall cause a written report to be provided to the member or members’ agent specifying any deficiencies, violations or unapproved variations from the approved plans as amended and that have come to the attention of the association.

d. Within thirty business days after the second formal review, the association shall provide to the member, a copy of the written report specifying any deficiencies, violations or unapproved variations from the approved plans as amended that have come to the attention of the association. If the written report does not specify any deficiencies, violation or unapproved variations from the approved plans , as amended, that have come to the attention of the association, the association shall promptly release the deposit it monies to the member. If the report identifies any deficiencies, violation or unapproved variations from the approved plans, as amended, the association may hold the deposit for 180 days, or until receipt of a subsequent report of construction compliance, whichever is less, if a report of construction compliance is received before the 180 days, the association shall promptly release the deposit monies to the member. If a compliance report is not received within 180 days, the association shall release the deposit monies promptly from the trust account to the association.

e. Neither the approval of the plans nor the approval of the actual construction by the association or the design review committee shall constitute a representation or warranty that the plans or construction comply with applicable governmental requirements or applicable engineering, design or safety standards. The association in its discretion may release all or any part of the deposit to the member before receiving a compliance report. Release of the deposit to the member does not constitute a representation or warranty from the association that the construction complies with the approved plans.

2.2 Commencement of Construction: When a request has been approved in writing by the ACC the applicant will proceed in a timely manner with the commencement and completion of all work. The applicant shall complete the work in a time frame as defined in Section 2.7 of this document. If the work is not completed within the required time frame, the Association will have the right to assess the Lot Owner for the costs as provided in the CC&R’s and under A.R.S 33-1817.

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Orchard Ranchettes "Architectural Guidelines/Requirements" Rev. 2/05/13 ACC Chair MHM Page 4 of 16 Section 2B ACC Procedures CC&R Article 6

2.1 Recommended Procedure:

This flow chart shows the step by step recommended procedure

Develop concept drawing

Meet with ACC for preliminary review

Meet with Town of Queen Creek (TOQC) for preliminary review

Draw plans based on input from meetings

Upon preliminary approval from TOQC submit plans for ACC approval

Submit plans to TOQC for approval

2.2 Pre-Permit Request Meeting: The ACC attempts to communicate the Association Guidelines and Requirements to the Lot Owner applicants, but recognizes the complexity of some projects. Therefore, a pre-application meeting with members of the Committee may be useful to provide answers to questions you may have. Any examples or illustrations you may be able to provide, such as, building material samples, colors patches, preliminary drawings, pictures or other such items may be useful. A similar meeting with the TOQC is also recommended. A pre-application meeting may be scheduled through the Association Management Company. (Refer to page viii of this document) OWNERS SHOULD NOT PREPARE FINAL CONSTRUCTION PLANS UNTIL AFTER THE PRE- APPLICATION MEETING AND PRELIMINARY PLAN APPROVAL 2.3 Required Approval: Architectural permit requests must be submitted and signed by the Homeowner and written approval must be obtained from the ACC. The ACC is not responsible for assuring compliance with the TOQC requirements. 2.4 Committee Procedures: After review of the request, by the ACC, the Homeowner will be notified of their decision within thirty (30) days of the time the request is submitted to the ACC. If the request is not approved the reasons for disapproval shall be clearly stated in a written decision. If the ACC fails to address a permit request, which is accompanied by all required documentation, within 30 days of the date received by the ACC, the owner may proceed without ACC approval. However, no project may be completed which conflicts with any of the Association CC&Rs and/or this document. Incomplete requests will be held open for thirty (30) days from the date of denial. Owner must submit required documentation to the Association management company within twenty one (21) days of denial date. 2.5 Resubmission/Appeal: a. If the ACC does not approve the permit request, the Owner may revise and resubmit a new request as detailed in CC&R Article 6.2. b. If the ACC does not approve the permit request, the Owner may appeal the decision by contracting the Orchard Ranchettes Management Company. The ACC Standards and Procedures "Owner Appeal Procedure." will be followed. 2.6 Commencement of Construction: When a request has been approved in writing by the ACC the applicant will proceed in a timely manner with the commencement and completion of all work. The applicant shall complete the work in a time frame as defined in Section 2.7 of this document. If the work is not completed within the required time frame, the Association will have the right to assess the Lot Owner for the costs as provided in the CC&Rs.

Orchard Ranchettes "Architectural Guidelines/Requirements" Rev. 2/05/13 ACC Chair MHM Page 5 of 16

2.7 Time permitted from start of work on project to completion of project

The following project do not require a time since there is little time required for the completion of the pr oject and it is not usually visibly offensive during construction.

Project Description Time Permitted Antennas (Ham, CB or similar antennas) No time limit to be specified Lighting/Light posts No time limit to be specified Mailbox must be completed with Primary Residence No time limit to be specified Recreation Accessory No time limit to be specified

The following projects require 120 days from start of work on project to completion since the project can be considered visibly offensive and/or deal with water retention. The intent of the CC&Rs is to provide an adequate water retention basin and limit visibly offensive, short term projects.

Project Description Time Permitted Building addition/alteration 120 days CC&R Article 5.24 Driveways & Walkways 120 days 5.14, 5.28, 5.39 Exterior painting 120 days 5.14 Fascia stone/brick 120 days 5.14 Fence 120 days 5.14 Gazebo 120 days 5.14 Green house 120 days 5.14 Horse stalls/shades/stables & tack rooms 120 days 5.14 Landscaping - Modification 120 days 5.14, 5.28, 5.39 Landscape - Original - See chart below See below 5.28 Machinery and equipment screening 120 days 5.17, 5.33 Parking/Screening - Planting of vegetation 120 days 5.11 Pools/Hot tubs 120 days 5.39 Roofing 120 days 5.14 Solar panels/banks 120 days 5.14 Sport Court 120 days 5.39 Storage shed (larger than 120 sq. ft.) 120 days 5.14, 5.39

The following project requires completion within 120 days of occupancy. Landscape - Original 120 Days 5.28

The following projects require 1 year maximum from start of work on project to completion.

Project Description Time Permitted Garage/workshop 1 Year CC&R Article 5.24 Guest house 1 Year 5.24 Residence 1 Year 5.24

Orchard Ranchettes "Architectural Guidelines/Requirements" Rev. 2/05/13 ACC Chair MHM Page 6 of 16

SECTION 3 Landscape, Drainage and Retention:

3.1 Intent: CC&R 6.6 The intent of these guidelines is to be flexible so as to encourage innovative design. At the discretion of the ACC, portions of these guidelines may be waived in the case of outstanding landscape architectural design. Each Homeowner shall submit, to the ACC, a request for approval by the ACC. Upon receipt of comments from the ACC, based on the preliminary plan, the Lot Owner may then proceed with landscape and irrigation working drawings which shall also require written ACC approval. All landscape areas shall be watered by an automatic irrigation system if not watered by way of flood irrigation.

3.2 Landscape Plan: CC&R 5.28 & 6.2 CC&R Article 5.28 states in part: "The Owner of each Lot shall submit a detailed landscaping plan which shall be subject to review and approval by the Architectural Control Committee and the required landscaping shall thereafter be installed in accordance with such landscaping plan. ….". The objective of the landscaping is to screen, accent, soften and maintain the visual character of Orchard Ranchettes. Front yard landscape plan must include the square footage in order to determine tree and shrub count. Square footage to include sidewalks or circular driveways. (exclude courtyards and main driveway)

3.3 Trees and Shrubs: CC&R 5.28 & 6.2 The front yard landscape plan for each Lot shall be required to provide the following: 3.3.1 Trees: One (1) box street tree (24 inch size) is required for every 2,400 square feet of front yard landscape area with a minimum of three (3) trees. CC&R Article 5.28 states, in part: "a minimum of two (2) such trees shall be citrus and the third may be citrus or Carob (ceraton ia siliqua), Shamel Ash (fraxinus uhdei) or Evergreen Elm (ulmus parvifblia semp." Other trees on the property may be of any other variety. 3.3.2 Tree Placement: CC&R Article 5.28 states, in part: "Each such landscaping plan shall require that three (3) 24” box street trees be placed in the yard of the Lot, in an eight (8) foot area parallel to the FRONT property line ribbon curb and outside any P.U.E. (Public Utilities Easement) as designated by the Town of Queen Creek…." The eight (8) foot area where trees are to be planted must be as close to the Public Utilities Easement as possible without planting inside the easement area. 3.3.3 Shrubs: Five (5) shrubs (5 gallon minimum size) are required for every 2,000 square feet of front yard landscape area. Flowers do not count toward the total required shrubs if the flowers are annuals. 3.4 Grass: CC&R 6.2 Grass is not required. However, in the absence of grass the ACC may require additional "granite" along with additional plants, shrubs, etc. to maintain an appealing appearance reflected by the entire community. If grass is removed from an existing landscaped Lot the proposed re-landscape plan must be submitted to the ACC for written approval. 3.5 Granite: CC&R 5.28 & 6.2 Granite of a natural color and of a screened size one half (0.5) inch to one (1.0) inch may be placed in the area between the sidewalk and the street curb and with corner Lots between the common fence and the street curb without ACC approval. All other landscaping material in this area must be approved in writing by the ACC. Granite may also be used in other landscape areas with written ACC approval. Artificially colored granite is not permitted at any location on the Lot. Where ACC approval is required granite samples must be provided to ACC.

3.6 Lighting: CC&R 5.30 ACC approval is not required for low intensity landscape lighting that does not disturb neighbors. All other lighting requires written ACC approval. 3.7 Grading, Drainage and Retention: CC&R 5.39 & Maricopa County Flood Control District Each Lot Owner, with or without a home on said Lot, shall grade their Lot and provide drainage control and a retention area in accordance with the requirements of the Maricopa Flood Control District. It should be noted water retention requirements vary depending on the size of the Lot and adjacent street footage. The requirements for each Lot can be provided by the TOQC. The actual requirement calculations can be found in the "Drainage Design Manual" for Maricopa County. A grading and retention plan must be submitted for the TOQC approval.

Orchard Ranchettes "Architectural Guidelines/Requirements" Rev. 2/05/13 ACC Chair MHM Page 7 of 16 3.8 Corner Lot Vegetation: Refer to Maricopa Co. ordinances for “sight triangle” ordinance rules. For those properties on corner Lots or adjacent to a common area there is a "line of sight" requirement: (also referred to as "sight triangle") No structure, landscaping, fence, wall, terrace or other obstruction to view in excess of two feet in height, measured from the lowest established elevation of the nearest street centerline, shall be placed within the triangle formed by measuring along street-side and or alley-side property lines a distance of 25 feet from their point of intersection and by connecting the ends of the respective 25 feet distances” (See illustration below). Side(s) facing common areas must be painted. Written ACC approval is required.

Section 4 Architectural:

4.1 Additions or Alterations: CC&R 5.2, 5.3, 5.4 & 6.2 Any exterior addition or alteration to any building or structure must be approved in writing by the ACC prior to commencement of construction. No outbuildings or structures shall exceed the square footage under roof of the main residence. 4.2 Antennas: CC&R 5.6 & 6.2 FCC Rule 47 C.F.R. Section 1.4000 & TOQC Ordinance 4.2.1 FCC rule (47 C.F.R. Section 1.4000) prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal. ACC approval is not required. 4.2.2 Ham, Citizen band or other similar antennas must comply with the TOQC ordinances. Written ACC approval is required 4.3 Buildings: Main Residence, Guest Homes & Garages CC&R 5.2 - 5.5, 5.32, 5.37 & 6.2 4.3.1 Main Residence, Guest Homes and Garages/workshops: Main Residence, guest home and/or garage/workshop plans must be submitted to the ACC for written approval. Guest home and garage/workshop style must match the existing home. Roof tile, fascia, body and trim colors must match existing home. 4.3.2 Main Residence Garage: At least two (2) covered off-street parking spaces in an enclosed garage must be provided for each single-family detached unit. Where practical, and permitted by Lot configuration, each garage shall be designed for side entrance. CC&R Article 5.3 states, in part, "Front entry garages will be limited to specific Lots and sitting is subject to written approval of the Architectural Control Committee." Phase 1 CC&R Article 5.3 states, in part: "… Each garage shall be designed for side entrance, and no garage shall face the street in front of the primary residence." 4.3.3 Main Residence Square Footage: The chart below shows the minimum livable square footage required for each Phase of the community. The total area shown below is exclusive of open porches, pergolas and garages. 1 Story Residence 2 Story Residence Phase 1, 2, 2A - 2D 2,000 sq. ft. 1,500 sq. ft. Phase 3A 2,500 sq. ft. 2,000 sq. ft. Phase 3B 3,000 sq. ft. 2,500 sq. ft.

4.3.4 Main Residence Frontage Width and Height: CC&R 5.4 The minimum frontage width shall be seventy (70) feet unless otherwise approved in writing by ACC. (Height not to exceed thirty (30) feet.

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4.3.5 Roofing: CC&R 5.32 CC&R Article 5.32 states: "Roofs shall have a minimum of 5:12 pitch, except that deviation from the minimum shall be permitted in the discretion of the Architectural Control Committee upon specific request accompanied by specific design details. Such approval may be withheld at the sole discretion of the Architectural Control Committee. Pitched roofs shall be constructed of tile (clay or concrete) and/or shake (wood or concrete) construction. No other types of roofing materials shall be permitted except at the discretion of the Architectural Control Committee." For Phase 1 no asphalt, fiberglass composite shingles, or other types of roofing materials shall be permitted except at the discretion of the Architectural Control Committee. Written ACC approval is required. 4.3.6 Setback /Spacing Restrictions: CC&R 5.5 & Maricopa County Ordinance No building shall be located on any Lot in such a manner as to violate Article 5.5 of the CC&Rs, or Maricopa County or the TOQC zoning ordinances or any other public ordinance which might pertain to the building construction and/or location. The Lot rear property line is the center of the equestrian trail. The chart below identifies the setback requirements.

Front setback from roadway Min. Rear setback Min. Side setback Per Ordinance 40 feet from property line. 40 feet from property line 20 feet from property line Per CC&R’s Max. 65 feet

4.4 Clothes Drying Facilities: CC&R 5.17 All clothes drying facilities must be located and maintained exclusively within a fenced back yard or otherwise screened from view. Screening is defined as not visible as viewed from the street, neighboring properties and common areas. ACC approval is not required.

4.5 Colors - Exterior Painting CC&R 5.34 4.5.1 Permitted colors: CC&R Article 5.34 states: "No exterior colors on any structure or buildings shall be permitted that, in the sole judgment of the Architectural Control Committee, would be inharmonious or discordant or incongruous with the Project. Any exterior color changes must be first approved by the Architectural Control Committee." Written ACC approval is required, however ACC approval is not required if re-painting the same previously approved color. 4.5.2 The exterior colors of all buildings and structures must be approved, in writing, by the ACC based on the submitted manufacture's color chips. Body, trim and accent color chips (as applicable) must be provided. Copies of color chips will not be accepted. 4.5.3 Painting of white PVC Ranch Style fence is not permitted.

4.6 Driveways/Walkways: CC&R 6.2 Driveways must be constructed of concrete and/or p a v e r s . Secondary driveways may be constructed of material other than concrete and/or pavers as approved in writing by the ACC. Asphalt is not permitted.

4.7 Flagpoles: CC&R 6.2/ARS 33-1808 Flagpoles require a permit from the TOQC. ARS 33-1808 will allow planned communities to limit the height of a flagpole to no higher than the “rooftop of the member’s home”. Compliance with this statute is required. ACC approval is not required.

4.8 Horse Stalls/Shades/Stables: C&R 5.2/5.5/5.25/5.32 & Maricopa Co. Ordinance 4.8.1 Definitions: Open View horse stall/shade/stable: Any stall/shade/stable without walls extending between roof line and ground. Obstructed view horse stall/shade/stable: Any stall/shade/stable with walls extending anywhere and any distance between roof line and ground. 4.8.2 Plans: All plans for horse stalls/shades/stables shall be submitted to the ACC for written approval prior to any construction. TOQC permit and final sets of secured permitted plans are required and will be reviewed prior to written ACC approval. 4.8.3 Type of building and roof material: CC&R Article 5.25, 5.3, states, in part "The horse stalls or shades shall be built in a style compatible to the architectural style of the home constructed on said Lot……any garage, barn, stable, or similar structure erected on any Lot shall be of the same design and construction and of the same materials as the permanent residence on said Lot. Orchard Ranchettes "Architectural Guidelines/Requirements" Rev. 2/05/13 ACC Chair MHM Page 9 of 16 Roof Type Construction: a. Single slope roof b. Gable Roof (pitch to match the house) with gable end covered (i.e. end of truss shall be enclosed and stuccoed to match the main house.) c. Hip Roof to match house. d. Raised breezeway. The breezeway shall also match roof pitch of house with gable ends to be enclosed and stuccoed to match the main house. Type of Building Material: a. The structure shall be built in a style, color, and materials compatible to the architectural style of the home on the lot. Tile roof to match the main house, in color, and style. The Met-Tile product or a similar manufactured product may be considered on a case by case basis. b. No metal roofs unless home has metal roof. c. Metal columns shall be square metal 4”x4” minimum, no round pipe columns, or wood posts. Columns may also be architectural (split face) block and painted the color of the body of the house. Stuccoed columns are not recommended because of horse health issues. d. Metal columns, fences, stalls will be white only. Columns painted to match the main house color may be considered on a case by case basis. e. Enclosed tack/storage rooms are allowed if they are of same building materials as home on lot and painted to match the body/trim color of the home. Enclosed horse shade/tack room/sheds can only be located within the required building envelope, 40ft. from rear and 20ft. from side property line and 50ft. from the main house.

4.8.4 Setback / Size Requirement: Rear setback requirement Side setback requirement Open view Min. 10 feet from rear property fence Min. 20 feet from side property line Obstructed view Min. 40 feet from rear property line Min. 20 feet from side property line a. Horse stall/shade/stable shall be a minimum of one-hundred (100) square feet per horse. Spacing between structures and building must comply with TOQC requirements. b. Horse stall/shade/stable and/or fence shall not be constructed within fifty (50) feet of dwelling (measured from house, not patio or any overhang).

4.9 Lighting/ Light Posts - Outside: CC&R 5.30 &TOQC Ordinance CC&R Article 5.30 states: “Each and every Lot must have at least one (I) light post located within the front yard and each Owner shall obtain the approval of the Architectural Control Committee as to the location at least design and construction of the light. Except as may be initially installed by Declarant, no spotlights, floodlights or similar type high intensity lighting shall be placed or utilized upon any Lot which in any way will allow light to be reflected on any other Lot or the Improvements thereon without the written authorization of the Architectural Control Committee. Other types of low intensity lighting which do not disturb the Owners or other occupants of the Lots shall be allowed." ACC approval is not required for low intensity landscape lighting which does not disturb neighbors. A mailbox structure may be used as a light post.

4.10 Machinery and Equipment: CC&R 5.18/5.33 No machinery, fixtures or equipment of any type, including but not limited to heating, cooling air- conditioning, refrigeration, pool or hot tub equipment may be placed on any Lot without the prior written ACC approval. Screening is required and is defined as not visible from view from the street, neighboring properties and common areas.

4.10.1 Air Conditioners, Heating Units and Evaporative Coolers: CC&R 5.33 CC&R Article 5.33 states, "All air conditioning units, heating units and evaporative cooling equipment, if placed outside of the dwelling unit, shall be (i) mounted on the ground and shielded so as not to be Visible From Neighboring Property, or (ii) if roof mounted, shall be completely screened by parapet walls as approved by the Architectural Control Committee. Window air conditioning units shall not be permitted. Wall units may be permitted only by the written approval of the Architectural Control Committee." 4.11 Mailboxes: CC&R 6.2 The mailbox shall be of an aesthetic decor to match the exterior of the home. A mailbox structure may be used as a light post. Before erected, it must be approved in writing by the ACC. 4.12 Pools/Hot Tubs: CC&R 5.17, 5.38 & 6.2 TOQC Ordinance 4.12.1 Written ACC approval is required for pools and hot tubs..

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4.12.2 Safety Fence/Machinery and Equipment: Refer to Fence and Machinery and Equipment sections of this document for requirements. 4.12.3 Above ground pools/hot tubs and equipment must be screened from view. Screening is required and is defined as not visible from view from the street, neighboring properties and common areas. 4.12.4 Pool slides - ACC approval is not required 4.13 Rain gutters and Downspouts:. CC&R 6.2 Rain gutters and downspouts that are harmonious with the colors of the house do not require ACC approval. 4.14 Recreation accessories: CC&R 5.14 & 6.2 Recreation accessories such as, but not limited to, basketball backboards, playground accessories, batting cages and sport courts may require a permit from the TOQC. ACC approval shall be required in all cases and approval will be based upon the following: 4.14.a CC&R 5.14: Nuisance: states in part, "No nuisance shall be permitted to exist or operate upon any Lot so as to be offensive or dangerous to any other Lot or property in the vicinity thereof or to its occupant or which shall in any way interfere with the quiet enjoyment of each of the Owners of their respective Lots and residences………." 4.14.b CC&R 6.2: Duties: states in part, "The Architectural Control Committee shall have the right to refuse to approve any plans or specifications or landscaping or grading plans, which are not suitable or desirable, in its opinion, for aesthetic or other reasons, and in so passing upon such plans, specifications and grading plans, and without limiting the foregoing, it shall have the right to take into consideration the suitability of the proposed building or other structure, and of the materials of which it is to be built, the site upon which it is proposed to erect same, the harmony thereof with the surroundings and the effect of the building or other structure as planned, on the outlook from the adjacent or neighboring Lots." 4.14.1 Accessories that require written ACC approval:  Permanent Basketball Backboards: (Temporary/ Light weight mobile backboards are permitted in the front of the residence and must be in an upright and useable position. ACC approval is not required for temporary backboards.)  Playground Accessories - (Playgrounds/Swing sets/Playhouses/Trampolines  Recreation shades  Sport Courts - Tennis Courts/Batting Cages 4.14.5 Setback (Minimum Requirement) and Height (Maximum Requirement): From: Rear property line Side property line Return Fence Height

Recreational Shade 10 feet Per TOQC Requirement None 15 ft. Sports Court 10 feet 10 feet None N/A Basketball back board 10 feet 10 feet None N/A Batting Cage 40 feet 20 feet None N/A Playground Access. 10 feet Per TOQC Requirement None N/A

4.15 Security Doors - ACC approval not required. CC&R 6.2 4.16 Sheds (Small): see definition below. CC&R 5.4, 5.5 & 6.2 4.16.1 Definition: Shed size must be no larger than one-hundred twenty (120) sq. ft. and a maximum height of eight (8) feet. These sheds do not require ACC approval. 4.16.2 Design and color: Visual appearance must not detract from the enjoyment of neighboring property. 4.16.3 Location: Must be setback from side property line per TOQC requirement but not within forty (40) feet of the rear property line and must be behind the return fence. 4.16.4 Screening Requirement: Screening with vegetation is required to soften the view from neighboring properties. 4.16.5 Number of small sheds permitted: A maximum of two (2) small sheds per Lot are permitted. 4.17 Solar Panels/Solar Banks CC&R 5.17 / 5.36/ARS 33-1816 4.17.1 Installation of solar heater panels and ancillary equipment require written ACC approval. Arizona State Revised Statutes (ARS 33-1816) states an association shall not prohibit the installation or use of a solar energy device as defined in ARS 44-1761. Written ACC approval is required. 4.17.2 Photovoltaic Panels may be installed on the roof and may be tilted as required for maximum efficiency and production. Screening of braces used for tilting may be required.

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4.17.3 All exterior plumbing lines must be painted to match the color of adjacent roof material and walls. 4.17.4 Ground-mounted solar banks setback restrictions and screening requirement may be required. Written ACC approval is required. 4.18 Structures- larger than 120 sq. ft.: Includes structures, such as but not limited to, gazebos, green houses, sheds, shades, storage rooms, barns, tack rooms. These structures require prior written ACC Approval. This does not include main residence, guest homes, garages/workshops, horse stalls/shades/stables and recreation accessories which are listed elsewhere in this document.

4.18.1 Location - Must be within the building envelope: Within the building envelope is defined as no closer than twenty (20) feet from the side property line, no closer than forty (40) feet from the rear property line and behind the return fence. Structures must be separated by no less than fifteen (15) feet. Max. Length Max. Width Max. Height Square Footage Dimensions: No limit No limit 15 feet Less than main residence

4.18.2 Screening requirement: Screening may be required as determined by the ACC. 4.18.3 Number of "structures" permitted: Per TOQC Ordinance owner is permitted to build on a maximum of 20% of the area of the property. There is no defined ACC limit however, per CC&Rs Article 6.2 a limit may be defined at the discretion of the ACC. 4.19 Sun Screens - ACC approval not required provided the color is black or harmonious with the building.. 4.20 Windows: CC&R 5.31 CC&R Article 5.31 states, in part, "All interior window treatments which are Visible From Neighboring Property must show white, unless otherwise approved by the Architectural Control Committee. No reflective materials, including, but without limitation, aluminum foil, reflective screens or glass, mirrors or similar type items, shall be installed or placed upon the outside or inside of any windows." ACC approval not required. Section 5 Fences and Walls: CC&R 1.10, 5.2, 5.8, 5.26 - 5.28, 5.33, 5.38, 6.2 & TOQC Ordinances

5.1 Masonry and PVC Vinyl Fences and Walls: The developer has installed a white PVC 3-rail Ranch Style fence around the perimeter of Orchard Ranchettes and adjacent to all "common areas". Any alteration or modification of this fencing must be approved in writing by the ACC. CC&R 1.10 states, in part, “Common area” shall mean all real property owned by the Association for the common use and enjoyment of all....”. 5.2 Approvals Required: Written ACC approval is required in many cases for installation and/or modification of fences/walls and gates. No wooden posts or fencing of any kind, nor barbed or strand wire may be used. Wood is permitted only in return fence gates. 5.3 Fence and Wall Definitions: (Purpose) 5.3.1 Back Lot side fence/walls: adjacent to residential property - "common fence": Fences/walls built on side property line to separate two residential properties. 5.3.2 Back Lot side fence/walls: adjacent to "common areas": Fences/walls built adjacent to "common areas". 5.3.3 Back Lot back fence: Fence that extends across the back of the Lot adjacent to equestrian trail. 5.3.4 Return fencing/walls: Fences/walls that extend from the side property line to house. 5.3.5 Front Lot fencing or walls: Fencing and walls that are in the front of the return fence. 5.3.6 Interior fencing or walls: Fencing and walls that are behind the return fence/wall, such as, but not limited to, yard fences/walls, pool fences/walls, equipment screening fences and livestock fences. 5.4 Requirements: 5.4.1 Painting: All masonry block fences/walls must be painted, if painting is required as defined below, a color compatible with the color of the home on said Lot. ACC approval is not required if re-painting the

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same previously approved color. Masonry block return fence/wall must be stuccoed on the street side. ACC approval is not required. 5.4.3 Fence/Wall and Gate Height: Fences/walls, with the exception of white PVC 3-Rail Ranch Style, front yard and livestock fence, may be a maximum of six (6) feet high as measured from an adjacent grade. Fences/walls between areas with an elevation difference (see below) of greater than one (1) foot will require written ACC approval.

White PVC 3-Rail Ranch Style - Height = 4.5' to 5' (typical) Livestock fence - min. height = 3' 6" max. height = 5' Front yard fence/walls - max height = 3' Gates - must not extend beyond the height of the adjacent fence Measurement of Fence Height on Parcels with Different Elevations

5.4.4 Back Lot back fence: CC&R Article 5.26 states in part "All fencing along streets, walking paths, equestrian easements and the perimeter of the Subdivision shall be of the white PVC slat fencing material or similar open style (non-view obscuring) material approved in writing by the Architectural Control Committee." 5.4.5 Back Lot side fence/wall- adjacent to residential property - "common fence": Masonry block, architectural block (split face) or "white PVC 3-Rail Ranch Style may be installed on the Lot line. The back forty (40) feet of this fence must be white 3-Rail Ranch Style. Fence/walls may not extend beyond the front of the house. ACC approval not required if white PVC 3-Rail Ranch Style fence or painted stuccoed block walls. 5.4.6 Back Lot side fence/wall- adjacent to common areas - "common fence": CC&R Article 5.26 states in part "All fencing along streets, walking paths, equestrian easements and the perimeter of the Subdivision shall be of the white PVC slat fencing material or similar open style (non-view obscuring) material approved in writing by the Architectural Control Committee." Masonry block or architectural block (split face) must be setback twenty (20) feet from "common areas". The back forty (40) feet of this fence must be white PVC 3-Rail Ranch Style. Fence/walls may not extend beyond the front of the house unless the height is three (3) feet or less. ACC approval not required if white PVC 3-Rail Ranch Style or painted stuccoed block walls. 5.4.7 Return fence/wall: - adjacent to residential property CC&R Article 5.26 states in part: "Block walls (with painted stucco) or white PVC slat fences are required as fencing between a house and side yard lines, as viewed from the street in front of the house..." May extend from house to property line. ACC approval is not required. 5.4.8 Return fence/wall- adjacent to "common areas": CC&R Article 5.26 states in part: "Block walls (with painted stucco) or white PVC fences are required as fencing between a house and side yard lines, as viewed from the street in front of the house...." Masonry block fence/wall must be setback twenty (20) feet from "common areas". ACC approval is not required. Check with the TOQC for compliance with applicable zoning ordinances. 5.4.9 Front Lot fence/wall: CC&R Article 5.26 states in part: "… in no event shall any said fences or walls be erected closer to the front Lot line than the front of the residence thereon, except that retaining walls, open fences or decorative fences with a maximum height of three 3 feet or less may be constructed if approved by the Architectural Control Committee." 5.4.10 Interior fencing/walls: Solid block and/or privacy fencing must be setback twenty (20) feet from "common areas" and forty (40) feet from back Lot line. Side(s) facing common areas must be painted. Interior fencing/walls must be approved in writing by the ACC.

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5.4.11 Corner Lot fencing/walls: Refer to Maricopa Co. ordinances for “sight triangle” ordinance rules. For those properties on corner Lots or adjacent to a common area there is a "line of sight" requirement: (also referred to as "sight triangle") No structure, landscaping, fence, wall, terrace or other obstruction to view in excess of two feet in height, measured from the lowest established elevation of the nearest street centerline, shall be placed within the triangle formed by measuring along street-side and or alley-side property lines a distance of 25 feet from their point of intersection and by connecting the ends of the respective 25 feet distances” (See illustration below). Side(s) facing common areas must be painted. Written ACC approval is required.

5.4.12 Pool safety fencing/walls: All pool fencing must meet the TOQC requirements and must be approved in writing by the ACC. 5.4.13 Livestock area fencing: CC&R Article 5.26 states in part "All fences in any livestock area shall be of 3 or 4-rail, minimum 3’6” and maximum 5-foot height, metal pipe or PVC slat construction with posts placed in concrete (or otherwise as specified by manufacturer), and in the case of metal pipe, shall be kept neatly painted white." Livestock fences shall not be constructed within fifty (50) feet of dwelling (measured from house, not patio or any overhang) Written ACC approval is required. 5.4.14 Property line verification: Property Lines shall be verified by the builder (or Lot Owner) prior to construction. 5.5 Description/Construction material 5.5.1 Architectural block (split face): "solid fence/wall" A masonry block that has a rough, stone like texture on at least one side. 5.5.2 Masonry block: "solid fence/wall" A masonry block that has a relatively smooth texture on all sides. 5.5.3 Solid wall: A fence built entirely of masonry or architectural block. 5.5.4 White PVC Slat Fence (3-Rail) - Referred to as "white PVC 3-Rail Ranch Style" A non-view obscuring fence built entirely of white PVC that has horizontal slats.

Location: This fence must be used adjacent to "common areas" and as common fence for the back forty (40) feet of the property. May also be used as a common side, return, livestock or interior fence.

Dimensions: Rail = 5.5" height. Post center-to-center = 8' (typical) Height = 4. 5' to 5' (typical) Max. height common, return or interior fence = 6' Livestock fence height: min. = 3.5’, max. = 5'

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5.5.5 "White PVC privacy fencing": A view obscuring fence built entirely of white PVC that has vertical or horizontal slats. Location: This fence, or a similar style fence, may be used as an interior fence/wall. Must be forty (40) feet from back property line and twenty (20) feet back from "common areas". This fencing is not permitted as common fence or return fence. Dimensions: Maximum height located behind return fence = 6' Maximum height located in front of return fence = 3' 5.5.6 Livestock fencing: Fencing that is white PVC Ranch Style or white metal pipe with 3 or 4 horizontal rails. 5.5.7 Other fencing or walls: Other types of fencing or walls will require written ACC approval. 5.6 Wire fencing attached to white PVC 3-rail Ranch Style fencing: Wire fencing must be of an approved type (chain link or no-climb livestock fencing). The top edge of the wire fence shall be hidden behind one of the rails of the white PVC 3-rail Ranch Style fence. The wire shall be stretched tightly so there is no gapping and shall be placed behind the white posts so that they are not noticeable from the exterior Lot or common area. The wire used for attachment should not wrap the vinyl posts so as to be visible from the street or neighboring property. ACC approval is not required. 5.7 Lattice Work Attached to white PVC 3-rail Ranch Style fencing: No latticework panels are allowed to be attached to the fencing on the back forty (40) feet of the Lot or adjacent to any "common areas".

Section 6 Parking/Screening: CC&R 1.28, 5.11, 5.12, 5.13 & 6.2 & TOQC Ordinance

6.1 Purpose: CC&R 5.11 states: "Trailers, tent trailers, camper shells, detached camper shells, recreation vehicles, boats, boat trailers, or other similar equipment of non-commercial type may be parked on the rear of Lots only and shall be screened so as to not be Visible From Neighboring Property. Parking in front or side yards is restricted to passenger vehicles only." Written ACC approval is required for rear (back) yard parking. Contact the management company for a temporary parking permit 6.2 Definitions: 6.2.1 Vehicle: Vehicles such as but not limited to RV's (any vehicle with living/sleeping quarters), camp trailers, utility trailers, car trailers, toy haulers, 5th wheel trailers, tent trailers, horse trailers, enclosed trailers, boat trailers with or without boat, and all other similar vehicles. 6.2.2 Neighboring Property: For the purpose of this section (Section 6) only, neighboring property is defined as the two properties adjacent (to the side) of the requesting property. 6.2.3 Front Yard: All Lot property in front of the return fence/wall. 6.2.4 Back Yard (Rear Yard): All Lot property behind the return fence/wall. 6.2.5 Return fencing/walls: Fences/walls that extend from the side property line to house. 6.2.6 Fence definitions: Refer to Section 5 of this document. 6.2.7 Screening: For the purpose of this section (Section 6) only, "Screened" does not equate to being 100% out of sight at any and all times; it is a term indicating the vehicle’s visibility is "softened" by the addition of acceptable means and methods as defined below. This shall be with the use of foliage, trees and approved fencing to provide a "break" in the total visibility, therefore, from a negative view. 6.2.8 "Visible" or Visibility": CC&R Article 1.28 states: “Visible From Neighboring Property” means, with respect to any given object, that such object is or would be visible to a person six feet tall, standing on any part of such neighboring property at an elevation no greater than the base of the object being viewed.”

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For the purpose of this section (Section 6) only this definition does not equate to a vehicle being totally shielded from view of a neighboring property at any and all times. If vegetation is used for screening said areas shall be watered by an automatic irrigation system if not watered by way of flood irrigation. Screening must be provided on the Lot of said vehicle. 6.2.9 Side Screening - Linear feet screening: Linear feet of vehicle is defined as the length of the vehicle to be screened as measured from the front to the back of the vehicle, or a combination of two (2) vehicles. 6.2.10 Front and Back Screening - Width screening: Front and back is defined as the linear width of vehicle or combined linear width of two (2) vehicles as viewed from the front or rear of the vehicle(s). 6.3 Requirements: 6.3.1 Unlicensed Vehicles: No unlicensed vehicle, or any vehicle unable to be operated legally (an un-operable vehicle) upon a street or road in the State of Arizona may be parked or stored on any property unless in an enclosed garage. 6.3.2 Location: Vehicles addressed herein may be parked or stored in a backyard only, behind the return fence/gate. Vehicles shall be parked as close to the front of the return fence/gate as reasonably possible. The location of said vehicle is subject to written approv al of the ACC. 6.3.3 40 Feet Setback Requirement: No vehicle will be allowed to be parked within the back forty (40)-foot setback. 6.3.4 Cul-de-sac and corner Lots: Cul-de-sac and corner Lots present special circumstances that will require some latitude to maintain the basic intent of these requirements. 6.3.5 Number of vehicles permitted: Each back yard Lot is permitted to have a maximum of two (2) parked vehicles parked in addition to any other vehicles parked inside enclosed buildings and structures. If an off road vehicles are parked on the bed of a trailer/truck that the trailer/truck will count as one vehicle. 6.3.6 Maximum length permitted: Each Lot is permitted to have a maximum of forty-five (45) linear feet of vehicle as viewed at a ninety (90) degree angle from both side properties, whether side property is private property, common area or street. The forty-five (45) linear feet may consist of one (1) vehicle, two (2) vehicles parked end-to-end or two (2) vehicles parked side by side. 6.3.7 Vehicle Screening - As viewed from Side, Front and Back: All required screening must be completed within two (2) years from date of ACC approval. As viewed from any joining side property - With open view common fencing: The side of the vehicle facing open view fencing shall be screened from view, regardless of height, from ground to top of vehicle. As viewed from any joining side property - With privacy common fencing: The side of the vehicle facing privacy fencing shall be screened from view if vehicle exceeds eight (8) feet in height. Screening shall be from top of fence to top of vehicle. Privacy gate is required for vehicles parked in backyard. As viewed from back of property: Screening is not required but Owner is encouraged to provide screening. 6.4 Vegetation requirement vs. vehicle size: 6.4.1 Number of trees or shrubs: Trees or shrubs may be used to provide the required screening: Vehicle height, shrub/tree variety and adjacent fence construction will determine the appropriate selection. Shrubs: If shrubs are used one (1) evergreen shrub is required for every six (6) linear feet of vehicle. A minimum of two (2) shrubs, if a tree is not used, are required at the front of one of the vehicles if two (2) vehicles are parked side by side. The calculated number of shrubs must be rounded up to a whole number. Trees: If trees are used one (1) evergreen tree is required for every fifteen (15) linear feet of vehicle. A minimum of one (1) tree, if shrubs are not used, is required at front of one of the vehicles if two (2)

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vehicles are parked side by side. The calculated number of trees must be rounded up to a whole number. Rounded up example: A vehicle 32' feet long requires 1 shrub for every 6 feet. The total number of shrubs required will be 32 ft. / 1 shrub per 6 ft. = 5.3 shrubs. This number, (5.3) rounded up to a whole number = 6 shrubs are required. 6.4.2 Vegetation size and variety: Vegetation must be of a size and variety such that adequate screening of parked vehicle(s) is provided within two (2) years of the date the parking permit request is approved. Owner may be required to use fencing, shrubs and trees to appropriately screen parked vehicle(s). Planting of shrubs (minimum 5 gallon size) and/or trees (minimum 24 inch box size) is required unless existing vegetation and/or structures on said Lot provide required screening.

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Orchard Ranchettes "Architectural Guidelines/Requirements" Rev. 2/05/13 ACC Chair MHM