Cottage Construction
Seasonal cottages do not have to comply with numerous sections of the Ontario Building Code. See Cottage Building Code.
Construction Approval Process
Preamble
As set out in Rule #5, under the Third Schedule of the General Building Scheme (the “Flatt Agreement”) and By-law 15, Article 8, no Construction (as defined under By-law 15) shall commence until the Board approves in writing the final government agency approved plans, elevations and supporting documents. Preliminary plans should be submitted for review to the Design Committee. The final plans and specifications approved by all the governmental departments must be submitted to the Chairperson of the Design Committee for Board approval prior to construction being commenced. Construction of any kind during the months of July and August is subject to By-law 15, Section 8.01.
A signed Accountability Agreement and a construction deposit are required in order to protect the interests and property of the Club and its Members. The amount of the deposit required will be determined by the Board and administered by the Chairperson of the Design Committee.
The property at Cedar Springs is under the jurisdiction of the City of Burlington, the Niagara Escarpment Commission, and the Halton Region Conservation Authority.
1.0 Background
Based on the general survey by the membership done in 1998, on July 31, 2002, the Board of Directors approved the attached Design Criteria for improvements to property and dwellings in the community.
In this document, the Board sets out a Standardized Construction Approval Procedure, including standardized forms, to be used in conjunction with the Design Criteria and any parameters, restrictions and instructions from all other authorities having jurisdiction for the proposed work on the property.
General Principles and Guidelines
“When is approval required?”
Any modifications to the exterior of a dwelling, or to the property, requires the approval of the Board in accordance with our By-law 15, Section 1.01(n) that defines “Construction” as:
“Outdoor construction or any alterations to the outside of the premises or on any portion of the Lot of a Shareholder.”
If you’re not sure, make an application to be safe. Small repairs to the exterior, with like materials, same colour and texture, and no expansion does not require approvals. (i.e. siding, roofing, eavestroughs etc.)
Under the General Building Scheme (the “Flatt Agreement”), there can be only one dwelling on your property. Existing Bunkies and other out buildings with sleeping quarters are considered to be non-conforming uses that may be maintained. However, any work inside or outside of an existing or proposed out building requires Board approval to ensure conversion to a second dwelling is not taking place.
“What are the standard conditions that will be required?”
Construction should comply with the intent of the Design Criteria, Club Rules 5 and 11, Club By-laws, the Flatt Agreement and the Restrictive Covenants on title to your property. The authority for Board approval and the associated conditions flows from these documents which have been approved by the Members.
Construction of any kind during the months of July and August is subject to By-law 15, Section 8.01.
We require notification of the application and a description of the proposed work to adjacent property owners to allow them to provide input to the Committee.
The applicant may be required to sign a “Construction Waiver” document in order to limit the Community’s liability, protect community property and other Members property during construction. A construction damage deposit may be required as well.
As reported at the May 2002 Members Meeting, the Board requires as a condition of granting approval of construction that requires a City permit, a septic inspection certificate from a certified inspector. It should be noted that he City of Burlington is now also requiring a septic inspection as a condition of building permits if an addition constitutes more than 15% of the area of the dwelling. The Club will require a certificate of a working septic system from a certified inspector, failing which, the member will be required to sign an undertaking to the Club prior to being granted final approval for construction. The undertaking document requires the purchaser to fix or replace a defective septic system within a year under penalty of becoming a member not in good standing. In lieu of an inspection report by a certified inspector, the Board will also accept an inspection report produced by one of any of three named septic pumping companies acceptable to the Club who will be required to pump the septic system and report prior to final approval.
Seasonal dwellings that have been modified/ replaced in the last few years have been generally restricted to the existing footprint of the old dwelling. In special cases, where the property under consideration warrants this criteria to be unfairly restrictive, this guideline has been modified to accommodate reasonable expansion.
In most significant applications, there are other approvals required (building permits, conservation authority etc.) that must be obtained in concert with the board approval. The Board requires a final review and approval of the construction documents, including proof of all other authorizations and permits that are required, prior to any construction within the community.
2.0 Procedure
Step One Application
If you are contemplating any work that requires approval under the criteria describe above, request board approval through an application that has the following information:
Name, address and contact information:
Describe the proposed work both verbally (scope of work) and with dimensioned drawings showing plans, elevations and site plan.
Provide approval for the Building Committee and / or Board Members to enter property for a site review if required (exterior only).
The application can be given to either the President of the Community, or any member of the Building Committee.
Step Two Committee Review
The Building Committee will meet to discuss the application, and perform a site review if required. Adjacent property owners will be advised and consulted. The Committee will prepare a report and recommendation to the Board for Preliminary Approval.
Step Three Board of Directors Review and Preliminary Approval
After considering the Committee’s report, the Board will ratify a Letter of Preliminary Approval (see Draft attached), signed by the President, outlining the conditions and requirements that the applicant will need to address in order to receive final approval for construction to proceed.
Step Four Permits and Authorizations
Upon receiving the Letter of Preliminary Approval, the applicant can finalize drawings to suit the conditions noted, and make applications for all the permits and authorizations as required. The property at Cedar Springs is under the jurisdiction of the City of Burlington, the Niagara Escarpment Commission, and the Halton Region Conservation Authority.
Step Five Final Approval and Construction Waiver
Once you notify us that the final construction drawings and all authorizations are complete, and make them available to us, we will undertake to complete the final review as soon as possible after receiving the documents. If any issues arise during the final design and permitting process that result in substantive differences from the initial design that we have reviewed, it will be in your best interests to notify us immediately in order for this final review to be a simple and timely exercise.
For any project that requires construction vehicles, trucks, heavy materials or any other type of activity that could have impact on community property or other property within the Community, the Board will require a Construction Waiver Document to be signed. The Board may also require a deposit cheque for an amount up to $10,000 prior to construction (amount of the deposit to be in the sole discretion of the Board) to cover any damage to other property. This does not limit the liability to that amount.
Similarly, any design changes in the field or alterations after construction that impacts the exterior of the cottage will require board approval.
Upon substantial completion of construction, and following a final inspection of the property and assessment of any damage to community property or other Members property, the remainder of the deposit will be returned to the applicant.
3.0 Design Criteria
Over the years, the members of Cedar Springs have endeavored to maintain a particular aesthetic character within the community. Indeed, the Flatt general building scheme agreement requires us to preserve the natural state of our environment by requiring that all trees and shrubs be preserved as much as possible, that any construction be rustic in nature, that construction be limited to one dwelling per lot and that no construction be done without advanced written approval of the plans and elevations by the Club. The Board of Directors established a Building and Design Committee that, based on a member survey in 1998, drew up construction criteria for members when building or renovating their properties.
Exteriors of Cottages and Ancillary Buildings
Landscaping
Exterior Lighting
Size and Form
Outbuildings
Construction Policy , Approval Letters, Deposit and Waiver
DISCLAIMER
The Flatt Agreement/General Building Scheme provides that all of the stipulations and restrictions set out in the Schedule to the General Building Scheme (approval of plans, no carrying on of business, one dwelling per lot, maintenance of the rustic nature, prohibition on cutting down trees and shrubs, etc.) were mutual covenants of each and every party to the General Building Scheme, with each party having the ability and the right to enforce compliance with those stipulations and restrictions as a general building scheme. This is an important additional power, given to all cottage owners of the Club, to ensure that even if the Club and/or its Board of Directors fail to take adequate steps to maintain the safeguards that had been put in place, any of the individual owners is empowered to take steps to ensure that their fellow cottage owners complied with the original principles upon which the Springs was founded (as is evidenced by the conditions and restrictions set out in the 3rd Schedule to the General Building Scheme).
Therefore, even if a cottage owner receives Board approval for a construction project or removal of trees, the cottage owner is still responsible for his General Building Scheme covenants and that Board approval does not release him from those. There can be no assurance that Board approval will protect the cottage owner should any other cottage owner exercise his rights to challenge the proposed construction or tree removal. Accordingly, the owner may in addition to Board approval may also want to obtain written approval from neighbours if he wants to estop them from taking legal action subsequently under the General Building Scheme.
As set out in Rule #5, under the Third Schedule of the General Building Scheme (the “Flatt Agreement”) and By-law 15, Article 8, no Construction (as defined under By-law 15) shall commence until the Board approves in writing the final government agency approved plans, elevations and supporting documents. Preliminary plans should be submitted for review to the Design Committee. The final plans and specifications approved by all the governmental departments must be submitted to the Chairperson of the Design Committee for Board approval prior to construction being commenced. Construction of any kind during the months of July and August is subject to By-law 15, Section 8.01.
A signed Accountability Agreement and a construction deposit are required in order to protect the interests and property of the Club and its Members. The amount of the deposit required will be determined by the Board and administered by the Chairperson of the Design Committee.
The property at Cedar Springs is under the jurisdiction of the City of Burlington, the Niagara Escarpment Commission, and the Halton Region Conservation Authority.
1.0 Background
Based on the general survey by the membership done in 1998, on July 31, 2002, the Board of Directors approved the attached Design Criteria for improvements to property and dwellings in the community.
In this document, the Board sets out a Standardized Construction Approval Procedure, including standardized forms, to be used in conjunction with the Design Criteria and any parameters, restrictions and instructions from all other authorities having jurisdiction for the proposed work on the property.
General Principles and Guidelines
“When is approval required?”
Any modifications to the exterior of a dwelling, or to the property, requires the approval of the Board in accordance with our By-law 15, Section 1.01(n) that defines “Construction” as:
“Outdoor construction or any alterations to the outside of the premises or on any portion of the Lot of a Shareholder.”
If you’re not sure, make an application to be safe. Small repairs to the exterior, with like materials, same colour and texture, and no expansion does not require approvals. (i.e. siding, roofing, eavestroughs etc.)
Under the General Building Scheme (the “Flatt Agreement”), there can be only one dwelling on your property. Existing Bunkies and other out buildings with sleeping quarters are considered to be non-conforming uses that may be maintained. However, any work inside or outside of an existing or proposed out building requires Board approval to ensure conversion to a second dwelling is not taking place.
“What are the standard conditions that will be required?”
Construction should comply with the intent of the Design Criteria, Club Rules 5 and 11, Club By-laws, the Flatt Agreement and the Restrictive Covenants on title to your property. The authority for Board approval and the associated conditions flows from these documents which have been approved by the Members.
Construction of any kind during the months of July and August is subject to By-law 15, Section 8.01.
We require notification of the application and a description of the proposed work to adjacent property owners to allow them to provide input to the Committee.
The applicant may be required to sign a “Construction Waiver” document in order to limit the Community’s liability, protect community property and other Members property during construction. A construction damage deposit may be required as well.
As reported at the May 2002 Members Meeting, the Board requires as a condition of granting approval of construction that requires a City permit, a septic inspection certificate from a certified inspector. It should be noted that he City of Burlington is now also requiring a septic inspection as a condition of building permits if an addition constitutes more than 15% of the area of the dwelling. The Club will require a certificate of a working septic system from a certified inspector, failing which, the member will be required to sign an undertaking to the Club prior to being granted final approval for construction. The undertaking document requires the purchaser to fix or replace a defective septic system within a year under penalty of becoming a member not in good standing. In lieu of an inspection report by a certified inspector, the Board will also accept an inspection report produced by one of any of three named septic pumping companies acceptable to the Club who will be required to pump the septic system and report prior to final approval.
Seasonal dwellings that have been modified/ replaced in the last few years have been generally restricted to the existing footprint of the old dwelling. In special cases, where the property under consideration warrants this criteria to be unfairly restrictive, this guideline has been modified to accommodate reasonable expansion.
In most significant applications, there are other approvals required (building permits, conservation authority etc.) that must be obtained in concert with the board approval. The Board requires a final review and approval of the construction documents, including proof of all other authorizations and permits that are required, prior to any construction within the community.
2.0 Procedure
Step One Application
If you are contemplating any work that requires approval under the criteria describe above, request board approval through an application that has the following information:
Name, address and contact information:
Describe the proposed work both verbally (scope of work) and with dimensioned drawings showing plans, elevations and site plan.
Provide approval for the Building Committee and / or Board Members to enter property for a site review if required (exterior only).
The application can be given to either the President of the Community, or any member of the Building Committee.
Step Two Committee Review
The Building Committee will meet to discuss the application, and perform a site review if required. Adjacent property owners will be advised and consulted. The Committee will prepare a report and recommendation to the Board for Preliminary Approval.
Step Three Board of Directors Review and Preliminary Approval
After considering the Committee’s report, the Board will ratify a Letter of Preliminary Approval (see Draft attached), signed by the President, outlining the conditions and requirements that the applicant will need to address in order to receive final approval for construction to proceed.
Step Four Permits and Authorizations
Upon receiving the Letter of Preliminary Approval, the applicant can finalize drawings to suit the conditions noted, and make applications for all the permits and authorizations as required. The property at Cedar Springs is under the jurisdiction of the City of Burlington, the Niagara Escarpment Commission, and the Halton Region Conservation Authority.
Step Five Final Approval and Construction Waiver
Once you notify us that the final construction drawings and all authorizations are complete, and make them available to us, we will undertake to complete the final review as soon as possible after receiving the documents. If any issues arise during the final design and permitting process that result in substantive differences from the initial design that we have reviewed, it will be in your best interests to notify us immediately in order for this final review to be a simple and timely exercise.
For any project that requires construction vehicles, trucks, heavy materials or any other type of activity that could have impact on community property or other property within the Community, the Board will require a Construction Waiver Document to be signed. The Board may also require a deposit cheque for an amount up to $10,000 prior to construction (amount of the deposit to be in the sole discretion of the Board) to cover any damage to other property. This does not limit the liability to that amount.
Similarly, any design changes in the field or alterations after construction that impacts the exterior of the cottage will require board approval.
Upon substantial completion of construction, and following a final inspection of the property and assessment of any damage to community property or other Members property, the remainder of the deposit will be returned to the applicant.
3.0 Design Criteria
Over the years, the members of Cedar Springs have endeavored to maintain a particular aesthetic character within the community. Indeed, the Flatt general building scheme agreement requires us to preserve the natural state of our environment by requiring that all trees and shrubs be preserved as much as possible, that any construction be rustic in nature, that construction be limited to one dwelling per lot and that no construction be done without advanced written approval of the plans and elevations by the Club. The Board of Directors established a Building and Design Committee that, based on a member survey in 1998, drew up construction criteria for members when building or renovating their properties.
Exteriors of Cottages and Ancillary Buildings
- Colours - Earth-tone colours should be used which blend in with the natural surroundings.
- Contrast - Low to medium contrast as opposed to strong, light or bright contrasts (i.e., bright orange and white, bright red and white would not be acceptable).
- Texture - Natural finishes and rougher textures should be used as opposed to smooth, synthetic textures.
- Materials - Authentic natural materials such as logs, irregular stones in limited quantities, rough boards and/or board-and-batten should be used as opposed to aluminum siding, brick, regular stonework. No stucco finishes.
- Roofs - low contrast colours, asphalt shingles, cedar shakes and shingles, metal sheeting that is of a dark or muted colour
Landscaping
- Trees - no cutting down of trees without approval. Pruning of trees and woodlots and removal of dead trees is acceptable.
- Vegetation to waterways - no alteration of vegetation to and along waterways in any form without approval.
- Fencing - no fencing around perimeters of property. Small, decorative or defining fences acceptable but must be constructed of natural materials. Chain link enclosures for pets are acceptable but should be out of view of neighbors and/or concealed by shrubbery.
- Driveways - left unpaved, no concrete finishes, no interlocking brickwork
Exterior Lighting
- Minimal low level night lighting - Care should be taken not to install bright exterior lights that disturb the enjoyment of dark, starlit evenings or are directed into the street or neighbor’s properties.
Size and Form
- The size and height of the building should fit the size of the property and be in proportion to neighboring buildings.
- Attention should be given to distances to property lines to maintain the maximum amount of spacing that can be reasonably obtained.
- The form of the building should remain cottage or country in nature. A replacement cottage should have approximately same total footprint of the original cottage.
- Dwellings should be no more than two stories above grade with rooflines that make it appear as a single story dwelling.
- Dwellings should not exceed 3,000 square feet (excluding below grade basements).
Outbuildings
- No outbuildings other than small sheds (less than 100 square feet)
- Outbuildings will be limited to a garden/golf cart shed or single-story single-car garage.
Construction Policy , Approval Letters, Deposit and Waiver
DISCLAIMER
The Flatt Agreement/General Building Scheme provides that all of the stipulations and restrictions set out in the Schedule to the General Building Scheme (approval of plans, no carrying on of business, one dwelling per lot, maintenance of the rustic nature, prohibition on cutting down trees and shrubs, etc.) were mutual covenants of each and every party to the General Building Scheme, with each party having the ability and the right to enforce compliance with those stipulations and restrictions as a general building scheme. This is an important additional power, given to all cottage owners of the Club, to ensure that even if the Club and/or its Board of Directors fail to take adequate steps to maintain the safeguards that had been put in place, any of the individual owners is empowered to take steps to ensure that their fellow cottage owners complied with the original principles upon which the Springs was founded (as is evidenced by the conditions and restrictions set out in the 3rd Schedule to the General Building Scheme).
Therefore, even if a cottage owner receives Board approval for a construction project or removal of trees, the cottage owner is still responsible for his General Building Scheme covenants and that Board approval does not release him from those. There can be no assurance that Board approval will protect the cottage owner should any other cottage owner exercise his rights to challenge the proposed construction or tree removal. Accordingly, the owner may in addition to Board approval may also want to obtain written approval from neighbours if he wants to estop them from taking legal action subsequently under the General Building Scheme.
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