MARCH 2007
PORT ROYAL PROPERTY OWNERS ASSOCIATION
PROCEDURAL STEPS AND GUIDELINES FOR RESIDENTIAL CONSTRUCTION

Port Royal is a residential community of unusual distinction and beauty.  The residents of Port Royal seek the highest standards of property use and maintenance which can be established in this unique community and no other factor can contribute more to Port Royals distinctiveness.  With the cooperation and interest of all who own and live here, Port Royal will improve as an outstanding location for a home, affording maximum enjoyment of the natural surroundings.

Its location, its waterways, its overall concept and design all contribute to the unique quality of Port Royal.  Equally important, however, as the protections and controls incorporated in the “Use Restrictions contained in current Port Royal Deeds” (hereinafter called Restrictions), which are mutual covenants among all property owners and “run with the land” in successive ownerships.

Port Royal assigned all “rights, powers and obligations” of the Restrictions to the Port Royal Property Owners Association, (hereinafter called Association), by recorded legal instrument dated November 3, 1977.

The Association has established an Architectural Review Committee (hereinafter called Committee), to oversee residential construction in Port Royal.  In reviewing specific plans submitted to it, the Committee will consider, among other things, (a) the preservation of property values, (b) the maintenance of Port Royal as a desirable community in which to live, (c) the design compatibility with the immediate neighbors and the Port Royal community as a whole and (d) the protection of privacy.  Construction approval will not be granted in the absence of an “OWNER CERTIFICATION” in exact form and context as attached.

The Committee and the Association do not determine or assume any responsibility for the quality of construction or structural soundness of any improvements, and no obligation or liability relating to construction of any plans will be assumed by the Committee or the Association.  Furthermore, the Committee and the Association do not evaluate plans to determine whether the Plans satisfy all applicable governmental requirements.  No member of the Committee, the Committee’s duly authorized representative, nor shall the Association be liable to any owner or any other person or entity for any loss, damage, injury or expense arising out of or in any way connected with the performance hereunder.

In order to be of assistance to property owners and architects, the Committee has prepared the Procedural Steps and Guidelines which follow.  There has been no attempt to detail all governmental laws and regulations (including City of Naples ordinances or the Marketable Record Titles Act), which may be applicable, and it is recommended that architects make a thorough review of such regulations.

PROCEDURAL STEPS

It should be understood that these steps apply primarily to complete new residences and that many of these requirements will not apply, and will be waived for additions and renovations.

I.  Preparation and Submission of Preliminary Plans

Plans submitted for approval must be of original design and prepared by a Port Royal approved architect, and the architect must be responsible for the final selection of materials.

Working drawings are not required until after the Committee has acted favorably on preliminary plans.  Preliminary plans should include:

1. A scale drawing of the floor plans and the exterior elevations of the proposed construction (front, sides and rear).

Preliminary plans are to be submitted at the office of the Association, Suite 3, 1020 Eighth Avenue South, Naples, Florida, 34102, to the attention of the Architectural Review Committee.  Plans must be submitted to the Association office one week prior, end of day Thursday, to the scheduled Committee meeting.  Final plans must be accompanied by a fully executed “OWNER CERTIFICATION” and payment to the Association as follows:

REVIEW FEES

(Revised March 1, 2007)

New home construction - flat fee up to 6,000 square feet       
(Excess square footage will be charged at $.35 per square
foot.  Square footage shall include all areas under roof
regardless of air conditioning.)  This fee includes all hardscape,
landscape, and pool construction plans to be evaluated for the
new home.
$ 2,000.00*

Addition/Renovation - flat fee up to 2,000 square feet (Excess square footage will be charged at $.35 per square
foot.  Square footage shall include all areas under roof
regardless of air conditioning.)
$ 500.00*  

Columns, walls, fences, hardscaping, landscaping, generators - 
- all minor improvements to existing residences.  $ 350.00*                                                                                                       

NOTE:  THERE SHALL BE A $400.00 SURCHARGE FOR ANY PROJECT OF A NON-MEMBER OF THE PORT ROYAL PROPERTY OWNERS ASSOCIATION, INC.  THIS CHARGE IS TO COVER ASSOCIATION COSTS RELATIVE TO THE ARCHITECTURAL REVIEW AND INSPECTION PROCESSES.

*  All plans which require permitting by the City of Naples must be reviewed by the Port Royal
Property Owners Association, Inc. prior to submission to the City.  A review by the Association will require payment of the appropriate fee as outlined above.  

Committee approval requires commencement of the work within one year.  If identical plans are submitted after one year for re-approval, there will be no fee due.  If the original plans are revised, an appropriate additional fee will be charged.

II.  Action by the Committee on Preliminary Plans

An Architectural Review Committee representative will visit a proposed construction site following the preliminary plan presentation by an architect, and prior to an announcement of Committee approval/disapproval of the plans.

If the preliminary plans are found to be acceptable, the Committee will give its tentative approval by letter, conditioned upon its review and approval of any subsequent changes in the architect’s working drawings.  If the preliminary plans are not satisfactory, the Committee will advise the architect or the owner.  In any such case, the Committee would hope to be able to work cooperatively with the architect and the owner toward reaching agreement upon changes or modifications in the preliminary plans that would make them acceptable.

III.  Preparation and Submission of, and Action Upon, Working Drawings

Following tentative approval of the preliminary plans, the architect should prepare his working drawings and submit them, in triplicate, to the Committee.  These working drawings will then be examined in comparison with the tentatively approved preliminary plans.  Provided the working drawings are in conformity with the preliminary plans, final approval will be given, by stamp affixed to the working drawings, one copy of which will be retained by the Committee.  All differences between preliminary and final plans must be approved by the Committee.

IV.  Landscaping

1. Submit proposed planting of trees, shrubs and hedges on site plan.

V.   Plans for fences, walls, pools, spas, et cetera

1. Submit detailed site plan showing specific locations and all relative setback requirements.

VI.   Approval of Architects

The Committee maintains a list of architects who have been approved.  It expects to make additions to, or deletions from, that list as circumstances warrant.  Applications by architects who are not on the list are welcomed.  In reviewing such applications, the Committee will give consideration to the probable ability of the applicant to design residences compatible with existing Port Royal dwellings, as demonstrated by photographs, drawings, designs or other materials submitted to the Committee by the applicant.

In order to be considered, an architect must submit to the office of the Association, for the attention of the Committee, the following:

GUIDELINES

1.  Government Regulations and Restrictions

Compliance is required regarding all applicable Federal, State and Municipal statutes, rules and regulations (including, but not limited to zoning and other ordinances of the City of Naples), and all applicable provisions of the Restrictions.  If there are inconsistencies or differences among the above regulatory bodies, the more restrictive will govern.  Port Royal has the special Naples City Zoning Designation of R1-15A.

2.  Necessity for Approval

The approval requirement applies to both new construction and additions or alterations of existing structures, including changes in exterior colors.  Where additions or alterations are relatively minor, however, the services of an architect may not be required (within the discretion of the Committee).

Any and all approvals or disapprovals of the Committee shall be in writing.  In the event of disapproval by the Committee, the owner may thereafter re-submit the plans for reconsideration to the Board of Directors of the Association within forty-five (45) days of the disapproval, by submitting to the Board of Directors of the Association a copy of the plans accompanied with a written statement setting forth the grounds for the appeal.  The Board of Directors of the Association shall consider the appeal at its next regular scheduled meeting and notify the owner of its decision in the matter within ten (10) days of that meeting.  In approving or disapproving any plans on appeal, the Board of Directors decision shall be governed by the same factors that the Committee is required to consider.

3.  Compatibility

In designing a structure, an addition or alteration, consideration must be given not only to its suitability for the parcel upon which it is to be located, but also to its compatibility with adjacent and neighboring structures and with the Port Royal community as a whole.  This does not mean, however, that uniformity or similarity is required.  To the contrary, originality and variety of design are encouraged within the limits of compatibility.

4.  Setback Lines

The purpose of the setback lines described below is to define the limits beyond which no portion of a structure may extend.  It is not intended that a structure which is built up to the setback lines on all sides will be approved.  After construction is completed and before a City of Naples Certificate of Occupancy is applied for, the architect must supply the Association with an “as built” survey which confirms that all setback and height elements were built in accordance with the approved plan.

1. Corner lots:  there are actually two front and two side setbacks; one front must be forty (40) feet, and one can be thirty-five (35) feet.
2. Except as provided in (a) above, all other side setback lines shall be not less than twelve and one-half (12-1/2) feet from the side property lines.  Some early deeds require only ten (10) feet.  Owner must provide supporting legal data proving the existence of this exception.  This distance is to be measured to the outer/leading edge of the structure, including roof overhang.
3. Rear waterfront setback lines shall be the most restrictive of (1) thirty (30) feet from the mean high tide line as required by the City, (2) the platted waterfront setback line, or (3) where the shoreline is reasonably straight, the waterfront view line, which is a line drawn between the closest waterside points of the two nearest dwellings such that all existing and proposed dwellings shall, to the degree reasonably possible, have an unimpeded view of the water, as modified by Article I-E of the preceding “PROCEDURAL STEPS.”
4. Rear setback lines for parcels without waterfronts shall be not less than thirty (30) feet from the rear property lines.
5. Machinery and equipment for air conditioning, pools and spas and similar services, and   containers for trash and garbage shall be located inside setback lines and be provided with sound and sight barriers.

5.  Adjacent Residences

Plans for new residences or additions/renovations, must specifically identify residences located on either side of a proposed construction site with a clearly depicted silhouetted elevation and the waterfront view line in accordance with the criteria contained in Paragraph I-C of the PROCEDURAL STEPS.

6.  Changes of Elevation/Drainage

No substantial changes in the elevation of the land are permitted except as such changes may be necessary to meet requirements of the National Flood Insurance Program.  Appropriate provision must be made to divert the run-off water away from the adjacent properties.  Restriction #3 reads in part:  “no substantial changes in the elevation of the land are permitted.”  This is interpreted to mean that in new home construction the elevation of the yard areas must conform generally to the adjoining areas.  The fact that government has established the finished first floor elevation at various elevations above mean sea does not mean that lawns, pools, patios, et cetera can or should be placed at comparable heights.

7.  Garages and Carports

Garage doors must be equipped with automatic closing devices.  Open-side or open-end carports over terminated driveways are not permitted.  Every effort should be made to avoid having garage doors face the street; or, if this is unavoidable, to minimize visual impact.

8.  Antennas

No television, satellite, or any other antenna which is visible from the street, waterway or adjoining property is permitted unless specific written approval is obtained from the Committee.  Solar collectors are protected and permitted by Florida Statute 163.04 and Port Royal owners are expected to make such installations as unobtrusive as conditions permit.
9.  Swimming Pools and Spas

Swimming pools and spas are considered to be structures and are subject to these Guidelines.  Enclosed pools or spas may not be located outside the setback lines applicable to the parcel.  Pools or spas which are not enclosed may be located outside such lines, but no portion thereof (including patios, copings, walls, et cetera), may exceed the applicable structural height limitations imposed by these Procedures and Guidelines.  No pool or spa or enclosure may be located within a utility or drainage easement.

10.  Severability

In the event any of the provisions of these “PROCEDURAL STEPS AND GUIDELINES” shall be deemed invalid by a court of competent jurisdiction, said judicial determination shall in no way affect any of the other provisions hereof, which shall remain in full force and effect, and any provisions of these “PROCEDURAL STEPS AND GUIDELINES” deemed invalid by a court of competent jurisdiction by virtue of the term or scope thereof shall be deemed limited to the maximum term and the scope permitted by law.  In the event any of the provisions of these “PROCEDURAL STEPS AND GUIDELINES” shall have more than one interpretation,  one (or more) of which is deemed invalid by a court of competent jurisdiction, said provision(s) shall remain in full force and effect given only such interpretation(s) as judicially determined valid.  Further, the invalidation of any of the covenants or restrictions or terms and conditions of these “PROCEDURAL STEPS AND GUIDELINES” or reduction in the scope or term of the same by reason of judicial application of the legal rules against perpetuities or otherwise, shall in no way affect any other provision which shall remain in full force and effect for such period of time and to such extent as may be permitted by law.