Kuau Bayview Design Committee Rules & Guidelines

*** At the 2021 Annual Meeting owners voted to update the Design Rules for the first time since 1997-1998 when they were written by Tal Shibley (A&B) and Debra Schonewill. The original rules were written for a paper system. The current system is all digital, much faster, & easier.

Original 1997-1998 Design Rules Document

1. Design Review Procedures
2. Landscaping
3. Fences, Walls, Hedges, and Trees
4. House or Driveway Alterations under $20,000
5. House or Driveway Alterations over $20,000
6. Overall Design Committee Comments

The Kuau Bayview Declaration of Covenants, Conditions, and Restrictions (DCCRs) is the basis for these 'Design Rules & Guidelines' which are an effort to clarify, simplify, and define processes for homeowners to follow when engaging the Design Committee. Any alteration to the exterior of your house or Lot must be approved by the Design Committee prior to ordering materials, or any construction. This is to protect you, the homeowner, in case your planned alteration is not approved.

General Design Committee information: DCCR 12

Design Committee Organization:

Design Review Procedures:

How to Apply:

• BEFORE you apply to the County, and as soon as possible before starting the proposed alteration, please fill out and submit to the Design Committee either by email or by placing in the KB drop-box:
  1. The appropriate application form with description, height notations, material specifications & color selections. For example:
     • Rock: blue rock, lava rock, river rock, cinder block with colored plaster veneer
     • Wood: Cedar 1x6, painted, color, & style
     • Vinyl: Color, style (eg. gray privacy, white picket)
  2. One copy of drawings or architectural plans for the proposed alteration, preferably in pdf format.
  3. A plot plan with locations marked. Plot Plans for most lots are available for download on the House Details page. Plot plan should portray lot with house, driveway, property lines, future fence or rock wall, and height notations along each side.
  4. County building permits if required. We advise about, but don't police, SMA permits.
  5. A proposed schedule of work. What are the start and end dates of the project? Will work be done on weekdays, or weekends? What hours of the day will noisy activities start and end?
• The proposed plans will be reviewed/discussed by the Committee via email.
• The proposed project will either be approved or not. Approvals may be subject to Design Committee conditions.
• Approval requires three signatures.
• An approval letter in pdf format including the application form, plot plan, signed approval letter, and any other items submitted will be emailed to the homeowner.
• The approval letter is digitally filed by year in the Design Committee folder under Current Projects. Any paper copies submitted are filed in the owner paper file.

Design Violations:

In the event an owner makes alterations to their lot without Design Committee approval, OR deviates from what was approved, OR does not meet the agreed-upon conditions in the approval letter, the homeowner is in violation of the DCCRs. At that time the Design Committee Chair notifies the Board. The Board will then enforce the remedy of their choice as defined in DCCR 11(b), 'Enforcement of this Declaration. Remedies.' All Remedies are at the homeowner's expense.

LANDSCAPING:

• The Design Committee will not request any landscaping plans.
• Owners must bear in mind that hedges used as fences along the property lines cannot exceed 7 feet and trees not on the property line cannot exceed 30 feet. This is not generally enforced unless someone complains, but please try not to block someone's view unnecessarily. If the Association is notified of a violation, the Board may choose a remedy to enforce the DCCRs.
• DCCR 10(d)(i) Landscaping standards. "The lot shall be landscaped and maintained in a manner consistent with that of a first-class residential development."
• DCCR 10(e). Lot Maintenance. "Each owner ...shall at all times keep and maintain the lot in an attractive manner, free of tall grass or weeds, trash, litter, & debris..."

The County Strip

At its inception, the Association chose to have each homeowner take care of the County strip located between the owner's property and the adjacent County roadway, containing trees and 42" of ground area inside the sidewalk. Please note that corner lots have two County strips on the front and side, both of which must be maintained. This means the area shall be landscaped, weeded, and watered at all times by the owner of the Lot.
• In addition, County Ordinance 12.02.020 states that "Every property owner whose land abuts or adjoins a County street shall continually maintain, and keep clean, passable, and free from weeds and noxious growths, the sidewalk or shoulder areas which abut or adjoin the owner's property."
• The trees belong to the County and there are severe penalties (up to $1000 fine) for cutting down or neglecting to water these trees.

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Examples:

• Material specification and color selection. For example:
  • Rock: blue rock, lava rock, river rock, cinder block with colored plaster veneer
  • Wood: Cedar 1x6, painted, color, & style
  • Vinyl: Color, style (eg. gray privacy, white picket)
  • Hedge: hibiscus, mock orange hedge to be kept trimmed below 7'
• For a retaining wall over 4'-0" in height, please provide the engineered drawings and the County permit, if available, for review.

FENCES, WALLS, HEDGES (used as a fence only), & TREES

• The maximum height allowed for fences (or hedges-used-as-fences) of acceptable type is 7'-0" (or whatever is the current maximum height set by the County). This is measured from the finished grade level of the ground adjacent to the fence/wall/hedge to the highest point.
• 'Hedge' is defined as "A row of closely planted shrubs or low-growing trees forming a fence or boundary," ie. any vegetation planted along a property line to serve the function of a fence (security, privacy, enclosure).
• Walls & fences must be "designed so as to be attractive from all viewable sides" [ DCCR 10(b)xx11 ]. The "good" side of the wall/fence must face out except when the location would make the inside of the wall/fence more visible from the street or from a neighbor's property. In some cases a fence/wall needs to be finished on both sides. The point is to ensure that whatever is constructed is aesthetically pleasing from all vantage points.
• Smooth face Concrete Masonry Unit (CMU, cement block) is not allowed as a finish face. A veneer, stucco, or rock face must be applied to disguise the fact that it is a CMU wall, ie. grout lines must be filled in before the veneer/stucco is applied such that the result is a smooth finish with the grout lines not visible. Below is an example of a properly veneered wall...

  

  Split face CMU is acceptable but will need a veneer on the back side if it is visible from the street or any adjacent property.

• Double fencing along property lines is discouraged. If grade change between property lines is substantial, exceptions may be made.
• Violations of plans submitted and approved shall be reviewed and a remedy chosen by the Association in accordance with DCCRs 11B Remedies. All Remedies are at the homeowner's expense.

HOUSE or DRIVEWAY ALTERATIONS under $20,000

Please refer to the DCCR 10(f)i. Architectural Controls.

The Design Committee requests one copy of the following to be submitted:

1. A Location/Plot Plan showing alteration to scale, dimensions, required setbacks (County ordinance), drainage changes.
2. A ¼" scale floor plan showing dimensions.
3. Four 1/8" scale exterior elevations of proposed alteration showing dimensions, roof heights, and all materials specified for finish work.
4. Color selections.
5. Building permit if required by County of Maui.
6. Architect or engineer's stamp if required by County of Maui.
7. The construction schedule of work.

HOUSE ALTERATIONS over $20,000

Please refer to DCCR 10(f)(i) and (ii), 'Architectural Controls', and 'Procedures for Submitting Plans.' In general, major alterations require extensive Architect-stamped plans and specifications, County permits, communication with General Contractor, Bonding, etc.

IMPORTANT!   Please submit 'preliminary plans' (DCCR 10 (f) ii A) for review to the Design Committee first. The Committee will then approve or disapprove in preliminary design. The homeowner will then not have incurred substantial costs for 'Final plans' (DCCR 10 (f) ii B) in the event of disapproval.

General Guidelines:

• Construction schedules shall be as short as possible and will be at reasonable hours, specifically 8 am to 5 pm. Any operation generating excessive noise will be limited to 9 am to 5 pm weekdays.
• In general, the front area of the homes cannot be substantially altered, as the character of the neighborhood would be lost. Small changes might be approved. Alterations to the front area of the homes will have more impact on the curb appeal of the neighborhood and, therefore, will be more stringently reviewed.
• In general, the rear of our homes must be kept up, no eyesores, no dead vehicles/watercraft, no stored messes, no permanent exterior equipment such as an outdoor washer/dryer.
• At all times colors and standard materials must be cohesive with the architecture, whether back or front.
• All alterations shall blend in proportionally and follow other basic design criteria to enhance the subdivision. If we are successful, our property values will continue to increase.
• Electrical Easements: Hawaiian Electric's metal transformer boxes must remain accessible at all times, which means no fence or other obstruction can be placed around it. In addition, a minimum two-foot clearance from HECO's concrete pad must be maintained along the back and both sides of the pad. [ these are HECO's rules ]

Plot Plans

Each original homeowner signed off on a Plot Plan to layout the house for the original purchase agreement with A&B. Jeff Faulkner gave me all the plot plans he had in 1998, but 21 were missing and they are not available anywhere. If anyone has a plot plan for any of the following lots, please let me scan it for the website: 3,4,5,8,9,10,11,12,16,18,19,20,21,22,23,24,28,29,73,82,90. Mahalo! I created plot maps for the missing ones from File Plan 2181 but they are a poor substitute.

Overall Design Committee comments:

• Please remember that Design Committee members are homeowners just like you. They are not exempt from the rules and must go through the same process. They cannot vote on their own projects.
• The Design Committee members are unpaid volunteers. Please respect their time and their authority to request plans and monitor construction. They are acting on behalf of all owners.
• If you see a violation, please report it to the Board. The Board will investigate and address any issues that need addressing. Your name will be kept confidential.
• If you have any other design questions or suggestions, please feel free to contact the Board.

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