Hidden Meadow Preserve
hidden meadow preserve whitefish montana
CC&R's
WHEREAS, the Declarant is the owner of certain real property known as
HIDDEN MEADOW PRESERVE, according to the recorded plat thereof on
file and of record in the Office of the Clerk & Recorder of Flathead County,
Montana, and whereas the undersigned hereby subjects the said real
property to the conditions, covenants and restrictions herein set forth for
each and all of which is and are for the benefit of said property and for
each owner of a lot therein, and shall inure to the benefit of and pass with
said property and each and every parcel thereof, and shall apply to and
bind the successors in interest and any owners thereof.

SECTION A

INTRODUCTION

A.1  HIDDEN MEADOW PRESERVE

HIDDEN MEADOW PRESERVE is located in the finest recreational
environment in the Rocky Mountains. A 20-lot subdivision in Whitefish,
Montana, HIDDEN MEADOW PRESERVE is situated near the Big Mountain
Ski Area and Whitefish Lake. Glacier National Park, the Bob Marshall and
Great Bear Wilderness areas are nearby. World-class hiking, fishing, golf
and skiing abound.

HIDDEN MEADOW PRESERVE has developed the Covenants, Conditions
& Restrictions that follow to create a neighborhood that will embrace the
environment and character of Northwest Montana.

A.2  OBJECTIVE OF DESIGN GUIDELINES
It is the purpose of the Design Guidelines to enhance the environment of
HIDDEN MEADOW PRESERVE. Appropriate design can create a residence
compatible with its neighbors while providing the owner with a comfortable,
livable home to enjoy for many years.

Design review is not intended to enforce unreasonable controls nor dictate
a specific design solution; rather it is intended to achieve an architectural
character appropriate to a quality subdivision. The Design Review Board
will objectively consider any worthy variance from the literal translation of
these guidelines. However, the Board will maintain a consistent application
of the intent of the guidelines on an equitable and uniform basis.

The purpose of the Design Review Board is to evaluate the design of a
proposed structure by itself and also within its environmental and
neighborhood settings.

Design Guidelines are standards which, when followed, contribute to the
highest quality of design. The quality of design is to be measured by the
sense of fit within each building site and the community. Buildings are to
relate to the land, step with the existing grades, harmonize with the
character of the surrounding landscape and perhaps reflect the traditional
architectural style of Northwestern Montana. Applied with reasonable
artistic license, this theme with attention to detail in design and construction
will create atmosphere and protect the integrity and value of each
investment.

Each Owner is responsible for complying with and meeting the spirit and
intent of the criteria of the Design Guidelines, Conditions, Covenants, and
Restrictions. This includes, in particular, your lot’s Building Envelope, the
site/building design elements and the construction procedures.

A.3  HIDDEN MEADOW PRESERVE HOMEOWNERS ASSOCIATION
The Declarant shall create an organization consisting of all lot owners to be
called the HIDDEN MEADOW PRESERVE Home Owners Association
(HMPHOA). The HIDDEN MEADOW PRESERVE Homeowners’ Association
shall be formed at a time to be designated by the Declarant, but no later
than when seventy-five percent (75%) of the lots have occupied structures,
and shall consist of the owners of each lot of the Hidden Meadow Preserve.
The owner or owners of each lot shall be entitled to a single vote in the
Association. The By-Laws or Articles of Incorporation may provide for the
joining of the Association by lot owners.  The HMPHOA shall be responsible
for the administration and enforcement of the Covenants, exercising the
rights, powers and duties set forth in this declaration and the care and
maintenance of the common properties.

Each homeowner's use of the common properties will be governed by such
rules as adopted by the Association. For the purposes of maintaining and
caring for these common properties, the Board of Directors may make
reasonable annual assessments to the lot owners of lots and such
assessment may be collected in a suit subject to the provisions stated
below for enforcement of covenants and may become a lien upon the land
by a filing by the Board of Directors of a lien which shall describe the lot,
state the amount of the assessment that has not been paid, and when it
was assessed. A lot owner whose lot is subject to such a lien must pay the
assessment, costs for preparation of the lien and the lien release, and all
recording costs before the lien is released.

This lien may also be foreclosed in the manner of foreclosure for
mortgages with the prevailing party entitled to attorney fees. Common
properties as used herein shall include designated parkland. Lot owners
are encouraged to remain active members of this Association. Each lot
owner is a member of the Association by virtue of his acquisition of the lot.

A.4  DESIGN REVIEW BOARD
The Design Review Board (DRB) shall consist of the Declarant, a technical
representative, and a lot owner within HIDDEN MEADOW PRESERVE. The
Declarant shall serve as the president of the Board, and the lot owner shall
serve as an at-large member of the Board. All three members shall have
equal voice and voting on any action by the Board. The technical advisor
shall only be consulted when requested by the president. The Declarant
may serve as a member of the DRB until 75% of the lots have occupied
structures. At any time prior, the Declarant may withdraw from the DRB by
written request to the Homeowners Association. If this occurs, or after 75%
of the lots have occupied structures, the president of the Homeowners
Association shall appoint a lot owner within HIDDEN MEADOW PRESERVE
to serve as the president of the DRB. Successors to the DRB shall serve 2-
year terms and shall be replaced by appointment by the president of the
Homeowners Association.

The technical representative shall be a representative of David Meredith
Architecture until 75% of the lots have occupied structures. The
representative may withdraw from membership by written request to the
president of the DRB at any time. If the representative of David Meredith
Architecture withdraws from the DRB, or the president of the DRB chooses
to replace the technical representative, the president shall appoint a
technical representative. The technical representative shall be an engineer
or architect licensed to practice in the state of Montana. The technical
representative is not required to own property in HIDDEN MEADOW
PRESERVE. The technical representative shall be compensated at normal
billing rates for all activities performed while serving as a member of the
DRB.

The lot owners, HMPHOA, and DRB shall defend, indemnify and hold the
members of the DRB their employees, and agents harmless from and
against any and all claims, demands, causes of action, losses, damages,
and settlements, which may be asserted against the members of the DRB
arising from or attributable to or caused directly or indirectly by the lot
owners, HMPHOA, and DRB members, lot owners, HMPHOA, and DRB
officials, employees or agents; or any negligent or intentional act, omission
or misrepresentation by the lot owners, HMPHOA, and DRB members, lot
owners, HMPHOA, and DRB officials, employees or agents.

If it is necessary for purposes of resisting, adjusting, compromising,
settling, or defending any claim, demand, cause of action, loss damage, or
liability, or of enforcing this provision, for members of the DRB to incur or to
pay any expense or cost, including attorney fees or court costs, the lot
owners, HMPHOA, and DRB agrees to and shall reimburse members of the
DRB members within a reasonable time. Lot owners, HMPHOA, and DRB
agrees to and shall give members of the DRB notice of any claim, demand,
cause of action, loss damage or liability within ten (10) calendar days.

The Design Review Board has been established to ensure that
development in HIDDEN MEADOW PRESERVE conforms to the Design
Guidelines. The DRB’s objective is to encourage good stewardship of the
land and sensitive architectural expression that reflects high quality and
attention to detail.  The DRB is responsible for reviewing and approving all
development within HIDDEN MEADOW PRESERVE, from concept to
completion. This includes, but is not limited to:
•        All new building & site development.
•        Any proposed revisions to previously approved plans, prior to or
during construction.
•        Any renovation, expansion or refinishing of the exterior of a new
structure.
•        Any proposed revisions to Building Envelopes.

The DRB process has been designed to encourage dialogue with owners
and their design team early in the evolution of their plans. The process is
intended to be constructive, not adversarial or unnecessarily restrictive.

As owner, you shall ensure your development team complies with the
following general requirements and Design Review Process to assure
HIDDEN MEADOW PRESERVE of your commitment to respecting the
community within which you are building. Design, by a qualified architect or
residential designer, with engineering input (geo-technical, structural,
mechanical, civil...) and landscape architecture as required. Use of
residential designer shall be subject to approval by the DRB.

SECTION B

SITE DEVELOPMENT GUIDELINES
The natural topography and environment of HIDDEN MEADOW
PRESERVE requires special attention to the site design and development.
Each lot will consider the topography and site drainage, view, vegetation
and access in the design process. The Design Review Board strongly
encourages each lot owner to utilize and architect or designer to
coordinate all Covenants, Conditions & Restriction requirements as well as
the City of Whitefish regulations and ordinances. Special attention is
needed in the design of the site drainage system and foundation due to
the wet soils. Basements are not allowed; all structures shall utilize slab on
grade foundations.

B.1  THE BUILDING ENVELOPE
The Building Envelope is the portion of each lot within which all
improvements must be built and confined therein except for driveway
locations approved by the Committee. A Building Envelope has been
identified for each lot based on the setbacks as noted on the Building
Envelope Plan below.

Building Envelope Plan

The minimum finished floor elevation for lots 6, 7, 8, 9, 10, 11, 14, 15, and
16, shall be in accordance with the elevations listed in the table below:

Lot #        Building Pad Elevation in Feet MSL
 18”                           12”                        6”
6          3026.5                     3026                   3025.5
7          3026.5                     3026                   3025.5
8          3026.5                     3026                   3025.5
9          3026.5                     3026                   3025.5
10        3026.5                     3026                   3025.5
11        3026.5                     3026                   3025.5
14        3026.5                     3026                   3025.5
15        3026.5                     3026                   3025.5
16        3026.5                     3026                   3025.5
 
B.2  GRADING AND SITING
Residences should be designed to fit the existing topography of the
property without excessive manipulation of the site by cut or fill. Changes in
the natural grade by cutting or filling for structures, walks and driveways
must be kept to a minimum to preserve the existing landform. Where cuts
or fills are planned the final landform must be acceptable to the DRB.

The involvement of a geotechnical engineer shall be required to monitor
the site preparation, earthwork, and foundation stages of construction. The
engineer shall ascertain site conditions and supervise all site preparation,
earthwork and the construction of the foundation to ensure the following
general siting, and grading principles are followed:

•        If Structural Fill is planned for the site, a surface drainage plan
should be evaluated by a civil engineer and the surface drainage trends of
the neighboring properties should be considered.
•        Grading may be done outside the allowable site coverage area for
driveway access and site drainage.
•        In areas where heavy construction traffic is anticipated, haul roads
with a minimum gravel thickness of 2 feet should be constructed over the
planned sub-grade. The gravel should consist of well-graded pit run gravel
with a maximum size of 3 inches. Geotextile fabric shall be placed between
the fine-grained soils and gravel for the haul roads.
•        Structural Fill constructed within proposed building footprints,
roadways, engineered slopes, sidewalks, and other areas that are
settlement-sensitive, shall be comprised of soils that are free of organics
and deleterious materials.
•        The sand and gravel-size particles comprising the fill should be hard,
durable rock materials that will not degrade by moisture or under
mechanical action of the compacting equipment; i.e. not shale or other
clayey rock types.
•        All Structural Fill shall be compacted to a minimum of 95 percent of
the maximum dry density.
•        Structural Fills planned for the site shall be underlain by a sand and
gravel drainage blanket with drainage tiles that are manifolded together
and will discharge into the perimeter curtain drain provided for that
purpose at the back of each lot. The general design for the drainage
blanket shall be approved by the geotechnical engineer and shall follow
the general design illustrated in the building footprint drainage blanket.
•        Fill placement should be observed and tested by a geotechnical
engineer or equivalent technician. Any areas of rutting, excessive
deformation or other non-uniform performance should be moisture
conditioned and re-compacted, or removed and replaced, as
recommended by the geotechnical representative.
•        Utility trench backfill material shall be approved by the geotechnical
representative and be compacted to 95 percent of the maximum dry
density. On site silty clay and lean clay soils are acceptable for backfill
purposes, provided the soils are adequately compacted and they are free
of construction debris, and frozen or deleterious material.
•        Cobbles and boulders greater than 6 inch in size should not be used
as backfill material.
•        Screen walls, walls not supporting a building structure or retaining
earth, may not exceed six (6) feet in height measured from finish grade
along the exterior side of the enclosure.

B.3  LANDSCAPE AND IRRIGATION
A landscaping plan for each building envelope shall be submitted to the
DRB for approval. Landscaping of the entire lot shall be complete within 90
days of the certificate of occupancy.

It is the intent of HIDDEN MEADOW PRESERVE Design Guidelines to
integrate, compliment and blend in the landscape of each individual
building envelope with the landscape of the community. The community
landscape maintains a proportional relationship of grass and turf areas to
shrub areas of at least 5:1. Each property owner's landscaping shall
maintain a proportional relationship of grass and turf areas to shrub areas
of at least 5:1. Essentially, this means that, at a minimum, approximately
one-sixth of the landscape is allocated to shrub areas.
The success of the grass and turf areas relies on the appropriate selection
and mixes of turf for the desired purpose and use. Normally, a mix of rye
grass, bluegrass and fescues provides for a well-rounded turf blend. This
is a seasonally hardy blend of a pleasing color of green and resistant to
the common pests and diseases. In all situations, it is recommended that
each property owner consult with a qualified landscape architect or nursery
for their specific needs. Each property owner should consider their unique
soil conditions, sun exposure and other constraints that will influence the
success of their lawn areas.

In the event that soil must be imported or exported from the property, the
property owner will be responsible for this cost.  Import soils scheduled for
use as landscape topsoil may be subject to an agricultural soil analysis at
the discretion of the DRB.

The following building envelope landscape design criteria are provided to
enhance the definition of each home site. The primary goal is to protect
and maximize individual property values through the implementation of a
generous landscape design. These criteria must be followed to
successfully receive the approvals required by the DRB.

Surface drainage of individual properties must be designed to drain to the
front street or to rear of the lot into the drainage easement. No surface
water drainage may be pumped or drained into the sanitary sewer system
at anytime.

The Front Yard/Streetscape Zone is the area nearest to the neighborhood
street and is normally at the front of the property. On corner lots this zone
also extends down the side of the property parallel to the street. The
landscape requirements for the front yard are:
•        Minimum two (2) Neighborhood Shade Trees (2” minimum, caliper)
per lot.
•        Minimum one (1) Ornamental Accent Tree per lot.
•        Turf area to planting bed ratio shall be a maximum of 5:1.
•        The Side/Rear Yard includes the transitional side yard area and
“backyard” area adjacent to another lot or the street. The landscape
requirements are:
•        Minimum of two (2) Shade Trees (2” minimum, caliper) per lot.
•        Minimum of one (1) Ornamental Accent Tree per lot.
•        Turf area to planting bed ratio shall be a maximum of 5:1.

NOTE: Due to the high water table of HIDDEN MEADOW PRESERVE it is
strongly advised that you seek the advice of a reputable landscape
company regarding which plants, shrubs and trees are best suited to an
abundance of water.

The following is a list of acceptable trees and shrubs:

Large Trees
Freeman Maple
Autumn Blaze Maple
Norway Maple
Emerald Lustre Norway Maple
Summershade Norway Maple
Red Maple
Red Sunset Maple
Firedance Red Maple
Horse Chestnut
Paper Birch
Autumn Purple White Ash
Green Ash
Bergesom Green Ash
Patmore Green Ash
Prairie Spire Ash
Summit Green Ash
White Oak
Burr Oak
Red Oak
American Linden
Pyramidalis American Linden
Emerald Queen Norway Maple
Cleveland Norway Maple
Sapporo Autumn Gold Hybrid Elm
Urban Hybrid Elm

Medium Trees

Drummondii Norway Maple
Columnare King Norway Maple
Royal Red Norway Maple
Schwedleri Norway Maple
Gerling Red Maple
Northwood Red Maple
Red Sunset Red Maple
Common Hackberry
Mancana Ash
Black Ash
Fallgold Black Ash
Thornless Honey Locust
Halka Thornless Honey Locust
Imperial Thornless Honey Locust
Skyline Thornless Honey Locust
Dolgo Crabapple
Redmond Linden
Chencellor Littleleaf Linden
Greenspire Littleleaf Linden
Dropmore Linden
Crimson King Norway Maple
Maidenhair Tree
Autumn Gold Maidenhair Tree

Small Trees
Amur Maple
Tatarian Maple
Prairie Pride Hackberry
Thornless Cockspur Hawthorn
Hawthorn
Snowbird Hawthorn
Toba Hawthorn
Leprechaun Ash
Siberian Crabapple
Centurion Crabapple
Donald Wyman Crabapple
Red Splendor Crabapple
Selkirk Crabapple
Spring Snow Crabapple
Thunderchild Crabapple
Manchurian Cherry
Bird Cherry
Japanese Lilac
Ivory Silk Japanese Lilac Tree
Autumn Brilliance Apple Serviceberry

Native Shrubs
Rocky Mountain Maple
Serviceberry
Kinnikinnik
Snowbrush
Redoser Dogwood
Mountain Spray
Common Juniper
Horizontal Common Juniper
Creeping Mahonia
Mock Orange
Mallow Ninebark
Bush Cinquefoil
Slender Cinquefoil
Chokeberry
Alpine Currant
Woods Rose
Blue Elderberry
Black Elderberry
Elderberry
Mountain Ash
White Spirea
Pink Spirea
Snowberry
False Huckleberry
Huckleberry
Grouseberry or Red Whortleberry

All work on Public Trees will comply with the “Tree Ordinance for the City of
Whitefish.”

The Director of Parks & Recration or designated representative shall have
the authroity and jurisdiction of regulating the planting, maintenace and
removal of public trees on streets and other publically owned property to
ensure safety or preserve the aesthetics of such public sites.

The Director of Parks & Recration or designated representative shall have
the authority and duty to supervise or inspect all work performed under the
terms of this ordinance.

Areas that feature introduced landscaping such as grass, trees, shrubs
and/or ground cover should utilize an irrigation system for watering during
dry months. In order to conserve water an irrigation system provides a
more efficient use of water than hand sprinklers.

Landscape areas that require irrigation should conform to the following:

•        Buried PVC sprinkler system or the utilization of drip irrigation
systems.
•        Sprinklers and nozzles selected to provide water to the landscape
that are compatible with their respective soils, slopes, exposure, orientation
and plant types.
•        Utilization of an automatic control system.
•        No overthrowing of irrigation water onto public roadways, sidewalks,
neighboring homes, or trails is permitted. The Declarant has installed two-
inch PVC irrigation sleeves under sidewalks to allow irrigation to the
boulevards.

B.4  FENCES
The Declarant shall install a 6’ high white vinyl fence along the rear
property line of each interior lot. The lot owner shall notify the DRB as to
the installation schedule. The fencing of the side property lines by the lot
owner is encouraged; however, side yard fences shall be constructed of a
white vinyl material with a maximum height of six feet. Side yard fences
shall extend from the rear property corner to a parallel point on the side lot
line, equidistant to the face of the residence or garage. A fence a maximum
3 feet in height can continue to the front property corner.  Consideration as
to the storage/parking of trailers and boats is essential.

B.5  ENGINEERING FOR FOUNDATION AND DRAINAGE
Foundations. Due to the presence of near surface groundwater, basement
and crawl spaces are not allowed on any lot. All foundations shall be
concrete slab-on-grade floors. Continuous wall and spread footing
foundations shall be constructed on undisturbed, stiff silty clay, lean clay or
Structural Fill bearing surfaces.

If unsuitable soils are encountered at the foundation bearing surface, the
unsuitable material shall be excavated to undisturbed native soils and
backfilled with Granular Structural Fill per those standards provided in the
Grading and Siting section herein. It is strongly recommend that a
geotechnical engineer observe the conditions at the bottom of the
excavations for foundations to ensure the suitability of the proposed
foundation bearing pressures. Continuous wall and spread footing
foundations should have minimum footing widths of 16 inches and 2 feet,
respectively. All foundation footings shall have a minimum embedment of 1
foot below finished interior surfaces. Exterior wall footings should be
embedded a minimum of 3.5 feet below exterior grades to establish frost
protection.

Drainage Systems
The amount of surface water infiltrating into the ground shall be minimized
by collecting roof water in gutters and hard piping the runoff to an
acceptable outlet approved by a civil engineer.Finished site grades should
be positively sloped away from foundation and backfill zones. Grading
should be designed in conjunction with a drainage plan by a licensed civil
engineer and all runoff shall be routed away from the building areas to an
acceptable outlet approved by the drainage plan.

Subsurface foundation drains should discharge to the rear of the lot and/or
be connected to the curtain drain system through the inlet provided at the
rear of each lot. The subsurface foundation drains must be designed to
exclude collection of surface water. At no time may water discharged from
subsurface foundation drains be allowed to collect or pool on the ground
surface or flow onto neighboring lots or onto the front street.

In addition all drainage structures leading to the public drainage systems
shall be maintained by the HMPHOA. Public drainage systems shall include:
•        The storm water detention pond and associated structures located in
the northeast corner of the subdivision between Lots 8 and 9.
•        The subsurface curtain drain system located within the drainage
easement.

B.6  PETS AND TRASH CONTAINERS
Dog runs and animal pens must be enclosed. To protect birds and wildlife,
dogs and cats must be accompanied and on a leash at all times when
outside the lot. All outdoor trash containers must be of approved covered
containers, and must be stored within the building envelope except for pick-
up.

B7  EXTERIOR LIGHTING
Site lighting is defined as lighting mounted on the building, around trees or
on site walls for the purpose of providing security, decorative accent or
functional lighting to outdoor spaces.  Building mounted lighting is defined
as lighting built into or attached to buildings on walls, ceilings, eaves, soffits
or fascias.  Street lighting is provided and should be considered in your
exterior lighting plan.

The following guidelines for residential site lighting have been established:

•        Site lighting must be directed downward onto vegetation or prominent
site features, and may not be used to light walls or building elements. Up
lighting more than 45 degrees above the horizontal is prohibited and
lighting aimed between zero and 45 degrees above horizontal must be
directed toward the interior of the lot upon which it is located.
•        Building mounted lighting must be directed downward away from
adjacent lots, streets and open spaces, and may not be used to light walls
or building elements for decorative purposes.
•        All exterior lighting must provide for significant shielding to ensure
that light sources and lamps are not visible from other properties, from
roads or from off-site; no bare lamps will be permitted. Recessed lights in
exterior soffits, eaves, or ceilings shall have the lamp recessed a minimum
of 3” into the ceiling.
•        Only incandescent lamps with a maximum wattage of 75 watts will be
allowed for exterior lighting unless specific approval is received from the
Committee. Low voltage lighting is recommended since these fixtures are
typically small and can be easily concealed within the native vegetation.
Colored lights will not be allowed for exterior lighting.
•        No lighting will be permitted in setback areas or outside the areas
enclosed by patio or building walls. Site lighting must be confined to areas
enclosed by walls or be in the immediate vicinity of the main entrance or
outdoor living spaces of the residence.
•        Lights on motion detectors for the purpose of security illumination are
prohibited but may be allowed subject to specific approval of the
Committee if the lights so activated do not illuminate adjacent properties. If
allowed by the Committee, these lights will only be allowed to operate on a
motion detector and stay lit for a maximum of 5 continuous minutes.
Security lights of any type or location must still meet the requirements of
shielding the light sources, and the light sources may not be visible from
neighboring property. If problems with these lights occur, the Committee
reserves the right to demand that the fixtures be disconnected. If allowed,
care must be taken to avoid setting off the motion detector by the motion of
vegetation. Generally, the motion detector's range should be limited to the
Building Envelope area. These lights will not be allowed to operate for the
purpose of general illumination.

B.8  ENTRANCE DRIVEWAYS
Driveways shall be a maximum paved width of eighteen (18) feet and shall
intersect the street preferably at a right angle, but at a minimum angle of
70 degrees. Only one driveway entrance off of the street will be permitted
for each lot, except that when two (2) or more lots are tied together to
create a single lot, and the two driveway arrangement disturbs less area
than a single entrance, the Committee may, at its sole discretion, approve
up to, but not exceeding two (2) driveway entrances.

B.9  ADDRESS IDENTIFICATION
Individual address identification devices for each approved residence must
be installed according to the City of Whitefish standards. No monument
signs are allowed.

B.10  SIGNS AND SIGNAGE
Signs or signage are not allowed for business purposes with the exception
of Real Estate signs.  Real Estate signage shall be no larger than 24”
square.  The HMPHOA reserves the right to limit any or all signage.

SECTION C

BUILDING DESIGN GUIDELINES
The building design guidelines are to assist you in realizing an architectural
solution that belongs in HIDDEN MEADOW PRESERVE. The general intent
is to achieve a successful design integration of building into the landscape.
Scale is critical and is to relate to the human size, with less emphasis on
monumental that exceeds human scale. This may be accomplished through
sensitive massing, form, scale, design modules, fenestration, selection of
materials and colors.

There will be a focus on strong roof form, wall, base and all elevation
images. These design principles will apply to all structures. Good design is
also being a good neighbor in the planning and architecture of your
development. The building form and mass is to respond and conform to the
existing grade and site conditions.

C.1  DESIGN CHARACTER
These guidelines do not intend to dictate architectural style of design
although all designs must be of a character appropriate to the guideline.

The design character should create a residence that blends with its
environment instead of standing out against it. The design character of a
residence should be considered uniformly from all sides, not just the front
or rear elevations, and all elevations should maintain the same visual
integrity, cohesiveness and design detail. Particular attention should be
given to the transition from one residence to another. Transition refers to
aesthetic aspects as well as to the relationship of the elevation of the
respective floor levels and the comparative overall massing of the
structures.

The Design Review Board emphasizes the importance that each residence
is aesthetically complimentary to each other and reserves the right to reject
a design if it deems the design to be uncomplimentary even though it
meets the design standards as set forth herein.

In order to create an intimate residential scale and not dominate the
natural landscape, long, unbroken walls and roofs should be avoided, and
vertical and horizontal offsets need to be included. To further reinforce this
concern for scale, architectural forms shall be softened by the inclusion of
chimneys, balconies, bay windows, appropriate entrance treatments and
other such devices.

Contractors and lot owners can build the same plan on other lots provided
they are at least three lots apart. The exterior color scheme shall be
different on each residence.

C.2  BUILDING SIZES
Building Size: Each dwelling unit shall contain not less than 2,200 square
feet of total living space in the case of a one-story home; exclusive of
attached garage and open porches. A two-story unit shall contain not less
than 1,600 square feet of total living space on the ground level, exclusive
of attached garage and open porches. Garages shall be a minimum of two-
car capacity, and at least 26 feet wide by 28 feet deep.

C.3  BUILDING HEIGHTS
The City of Whitefish maximum allowable height for a residence is 35 feet,
measured from the natural grade to highest point of the roof as determined
by the Zoning Ordinance.

C.4  EXTERIOR DESIGN
Scale and proportion can be deceiving. Small structures can at times
appear large and dominating against the vegetation and landforms
Therefore, proper massing will reduce the scale of a large structure and
create building texture that will help to blend the residence with its
environment.

Unless otherwise specifically approved by the Committee, each residence
shall be composed of at least three (3) visual building masses. Homes
larger than 5,000 square feet, excluding garages, shall be composed of at
least four (4) visual masses as viewed from any elevation. To be classified
as a visual building mass, the mass shall have a minimum depth and width
of 20 feet, be a minimum of 500 square feet in area, and be offset by at
least 2 feet horizontally and 3 feet vertically. Depth and width dimensions
shall be measured perpendicular to each other.

It is expected that all building elevations will not only take advantage of the
view from within the residence, but will provide pleasant views from all
surrounding areas. All side and rear elevations are expected to be
articulated to break up the facade into smaller elements, as well as adding
the richness of shade and shadow. Large blank walls will not be allowed.
Failure to provide adequate articulation and richness may be grounds for
rejection of the design by the Committee.

Roof Shape & Character is important to avoid vertical monotony. Slopes of
6/12 or greater are to be considered for dominant roof elements and gable
ends. Gentler roof pitches can be integrated for background and less
conspicuous connections. Alternative configurations may also be
considered to balcony roofs and dormers of all sizes as these contribute to
the human scale. This is encouraged to provide a texture and an apparent
reduction of the built mass. All overhangs and projections shall be a
minimum of 24”. Mansard and flat roofs are prohibited. No trimless metal
windows are allowed.

The Committee strongly recommends that sloping roofs be designed as
sheltering and shading elements, normally with broad overhands and
strong shadow lines. Thin edges or thin fascias should be avoided. Sloped
roof materials should be textural with very dark or deep color tones. Roof
surfaces must be non-reflective and, in the opinion of the Committee, not
visually objectionable from neighboring properties and roads.

The composition of roof forms should be carefully considered. No
continuous ridgelines should exceed 35 feet. Changing the ridge direction,
offsets or major roof projections should be used to break ridgelines. To
avoid a thin veneer look, 2-inch by 12-inch nominal wood minimum
dimension fascia boards are required. Normal 2 inch roof rafters should not
be exposed.

The placement of the various pipes and vents that penetrate the roof
should be considered. Combine them in the attic space and project
through roof in a common enclosed stack when possible. Where it is
practical, place stacks on the roof away from the side of greatest visibility.
All roof vents are to be colored to match the dominant roofing material.
C.5  COLORS
1.        Non-reflective materials are to be used, including non-reflective
glazing.
2.        Color selections shall range from white or off-white to weathered
driftwood (a very light gray) through to light brown, green or related tones.  
The use of blue may be allowed in certain shades.
3.        Materials for roofs may be sculpted architectural asphalt, flat
concrete or fiber-cement tile, slate or other cut stone only. Metal roofs are
not permitted.
Materials for walls may be stained wood or wood, painted fiber-cement lap
siding and stone. Cultured stone is permitted in out of reach areas on
upper floors or for example for chimney cladding. Colored stucco may be
incorporated for very small area as an accent only. Stucco colors are to be
deeply toned rich warm grays, greens and browns; light or soft reflective
tones are not acceptable.

C.6  MATERIALS - EXTERIOR SURFACES
In order to impart a sense of solid, substantial construction and to avoid a
tacked-on, thin veneer look, material changes should terminate at a logical
inside corner, plan shape change or at a major wall opening. Changes at
outside corners should be avoided. Exterior stone material should be
continued down to the finish grade, thereby eliminating unfinished
foundation walls.

Exterior masonry is strongly encouraged. At a minimum, a masonry
wainscot on the front elevation returning 4 feet beyond the outside corners
is desired.

Fascia boards can be a combination of smaller pieces making the
composite fascia a minimum of 1-1/2” x 11” or the 2 x 12 equivalent.

C.7  BUILDING PROJECTIONS
All projections from a building including, but not limited to, chimney caps,
vents, gutters, scuppers, downspouts, utility boxes, porches, railings, and
exterior stairways shall match he color of the surface from which they
project or be an appropriate accent color, unless otherwise approved by
the committee. All building projections must be contained within the
Building Envelope.

C.8  ANTENNAE/SATELLITE DISHES
Antennae are restricted to interior attic applications only. Satellite dishes
may be used if discretely located on the building, and a maximum 24”
diameter. Large ground mounted satellite dishes are prohibited.

C.9  SERVICE YARD
All above-ground garbage and trash containers, clotheslines, mechanical
equipment, and other outdoor maintenance and service facilities must be
completely screened from adjacent lots, streets, or common spaces by
walls, fences and gates, at least one (1) foot higher than the equipment.
Gates, or a “maze” entry that provides complete screening, shall be
required around all mechanical and pool equipment enclosures.

C.10  GUEST HOUSES, GUEST SUITES AND ACCESSORY BUILDINGS
Any accessory building shall be addressed on the site plan as submitted to
the DRB for approval. Accessory buildings are only allowed in the building
envelope. Guesthouses and/or suites are not allowed. Such structures
must be designed as an integrated visual element with the residence, and
should be visually related to it by walls, courtyards, or major landscape
elements.

C.11  STORAGE TANKS
No fuel tanks, water tanks or similar storage facilities shall be allowed.
C.12     AUTOMOBILE, TRAILER AND BOAT STORAGE
All automobile, trailer and boat storage shall be within the side property
setback and the garage and shall not be visible from the right of way.  
Fencing and/or heavy landscaping are required to soften this impact.   
Motor homes and trailers taller than the fence height limit are not allowed.  
No vehicle or trailer shall be allowed to park overnight in the right of way.

SECTION D

REVIEW AND APPROVAL PROCESS
This process includes:

•        Conceptual Development Plan Submission/Review.
•        Concept Endorsement/DRB Approval (letter).
•        Detailed Design Final Submission/Review.
•        Endorsement/DRB Approval (letter) for Building Permit Application.
•        Final Inspection - Final Acceptance Certificate (FAC).
•         
D.1  DESIGN REVIEW PROCESS
Submit the Conceptual Development Plan to initiate the design review
process. This preliminary plan shall include the following:
•        The application form, supplied by the Design Review Board, with all
information complete.
•        A survey at no less than 1”=20’ showing lot boundaries and
dimensions, easements, setbacks, utility tap locations and elevations at all
property corners.
•        A site plan at same scale as the survey showing the building
envelope, the proposed residence, driveways, fences, site grading with
new and existing elevations and all other proposed site improvements.
•        Roof and floor plans at no less than 1/8” scale.
•        Exterior elevations at no less than 1/8” scale of all elevations.
•        A non-refundable Design Review Fee of $300.00. Make check
payable to the HIDDEN MEADOW PRESERVE Homeowners Association
technical representative.

D.2  CONCEPTUAL DEVELOPMENT PLAN REVIEW
A Conceptual Development Plan Review is required to confirm the design
incorporates all site requirements relative to the lot location/building
envelope plan. It will assist to clarify the intent and application of the
Design Guidelines, review/approval process, development procedures and
schedules. The Design Review Board will provide a letter of endorsement
to proceed including comments from the conceptual meeting for the
designers use in preparing the final submittal within fourteen (14) days of
submittal.

D.3  FINAL DESIGN
Submit three (3) sets of Construction Drawings and support
documentation, including but not limited to:
•        Plot Plan (Survey) (1” = 20’0”).
•        Site Plan (1/8” = 1’-0” ).
•        Roof Plan and Floor Plans (no less than 1/8” = 1’0”).
•        Exterior Elevations 4 Min. (no less than 1/8” = 1’0”).
•        Sections (no less than 1/8” = 1’0”) through site and building from side
PL to side PL and from rear PL to front road CL (2 Min.).
•        Landscape Plan (no less than 1/8” = 1’0”) including site
grading/contours, retaining wall location(s) and material(s).
•        Drainage/Storm Water Management Plan (may be illustrated on the
Landscape Plan).
•        Construction Limits Plan defining a temporary construction fence
location with consideration for construction access, stockpile areas,
portable toilet and garbage bin.
•        Exterior Lighting includes fixture schedule with catalogue clips for site
and building exterior lighting fixtures and street identification.
•        Color board (8.5” x 11”) proposed exterior colors as applied to
proposed materials for all exterior finishes.
•        Construction Schedule.

D.4  DESIGN APPROVAL
Design approval for Building Permit Application (City of Whitefish) will be
provided in writing within thirty (30) days of submittal. Incomplete submittals
will be returned and this review period will begin again.

D.5  COMPLETION
Completion in these guidelines means the completion of interior as
approved for occupancy (by the City of Whitefish) and the complete
exterior of the development including all hard and soft landscaped areas.
There will be a final inspection held at the request of the builder with the
Design Review Board after acceptance by the City of Whitefish.

Submit a copy of the City of Whitefish’s Certificate of Occupancy to the
HMPHOA. The date on the certificate will initiate your Homeowners
Association dues and obligations.

SECTION E

STORMWATER MANAGEMENT FACILITIES MAINTENANCE PLAN

E.1 STORM WATER MAINTENANCE
Stormwater management facilities that are the responsibility of the
HMPHOA shall be managed and maintained in accordance with the
Stormwater Management Facilities Maintenance Plan approved by the City
of Whitefish Public Works Department.

E.2 STORM WATER MAINTENANCE
All stormwater facilities and water conveyances shall be under the control
of the HMPHOA. No Owner shall change or manipulate in any way the
aforesaid facilities and/or conveyances. The HMPOA reserves an
easement upon ever lot of Hidden Meadows for the conveyance of water
and right to enter upon any lot for the maintenance, construction and
inspection of the overall site layout as it pertains to the conveyance of
water.

SECTION F

PERIOD OF DECLARANT CONTROL AND AMENDMENT

F.1 PERIOD OF DECLARANT CONTROL
Period of Declarant Control shall mean the period beginning on the date
this Declaration is first recorded in the office of the Clerk and Recorder of
Flathead County, Montana, and ending on the earlier of:
•        (a) the date which is 5 years later, or
•        (b) the date on which the Declarant has sold 90% of the Lots within
HIDDEN MEADOWS PRESERVE, or
•        (c) 70% of the Lots within HIDDEN MEADOWS PRESERVE have
occupied structures on them.
The Period of Declarant Control may be reinstated or extended by
agreement between Declarant and the Homeowners Association upon such
terms and conditions as the parties may agree. After the termination of the
Period of Declarant Control, Declarant, if still an Owner, will continue to
have all the rights and duties ordinarily given to Owners under this
Declaration.

F. 2  AMENDMENT DURING PERIOD OF DECLARANT CONTROL
During the Period of Declarant Control, this Declaration may be amended
by Declarant as provided in this Section E.2. Declarant shall prepare the
form of amendment. The form of amendment and a notice of the Owners’
rights under this Section 9.2 shall be mailed to each Owner by first class
mail, postage prepaid, to the address of the Owner on the records of the
Homeowners Association. Unless written objection is received by Declarant
from the Owners holding 80% or more of the votes within 30 days of the
mailing of the notice to the Owners, the action proposed to be taken by the
Declarant shall be considered approved and shall become final. The
Declarant shall then record in the records of Flathead County, Montana, a
document stating the action taken, together with a certificate certifying that
notice was given to the Owners as required herein and that fewer than
80% of the Owners objected to the action.

F.3 AMENDMENT AFTER PEROID OF DECLARANT CONTROL
After the Period of Declarant Control, this Declaration may be amended or
repealed as provided in this Section E.3. Any amendment shall require the
consent of the Owners of sixty percent (60%) of the Lots within HIDDEN
MEADOWS PRESERVE. Such consent may be evidenced by written
consent or by vote at a regular or special meeting of the members of the
Homeowners Association, or by a combination of written consents and
votes.



F.4  UNILATERAL AMENDMENT BY DECLARANT
At any time, before or after the Period of Declarant Control, so long as
Declarant owns a Parcel, Declarant may unilaterally amend this Declaration
(1) if such amendment is solely to comply with applicable law or correct a
technical or typographical error, (2) if such amendment does not adversely
alter any substantial rights of any Owner or Mortgagee, or (3) in order to
meet the guidelines or regulations of a mortgagee or insurer including, but
not limited to, the Federal National Mortgage Association, the Federal
Home Loan Mortgage Corporation, the Federal Housing Administration, or
the Veterans Administration or any similar agency. Such amendments shall
not require approval of any Owners.

F.5  APPROVAL OF DECLARANT
No amendment shall adversely affect the rights or privileges of the
Declarant and/or its Agent without their written consent.

F.5  POWER OF ATTORNEY
Each Owner of a Lot within HIDDEN MEADOWS PRESERVE hereby
appoints the Declarant as his or her attorney-in-fact, and grants the
Declarant all necessary authority so that the Declarant may file any
amendment authorized by the process described herein.

F.6  ASSIGNMENT
Any or all of the rights and powers granted or reserved to the Declarant in
the Declaration or by-laws of the HMPHOA, including the power to approve
or disapprove any act, use or proposed action or any other matter or thing,
may be assigned by it to any other entity or to the Association. Any such
assignment or transfer shall be made by appropriate instrument in writing
duly recorded in the office of the Flathead County Clerk and Recorder.

SECTION G

MISCELLANEOUS

G.1  LIMITED LIABILITY
Neither the Declarant, the Homeowners Association, the Design Review
Board or, their respective officers, directors, employees or agents shall be
liable to any party for any action or for any failure to act with respect to any
matter if the action taken or failure to act was in good faith and without
malice.

G.2  SEVERABLITY
Invalidity or unenforceability of any provision contained in this Declaration
in whole or in part shall not affect the validity or enforceability of any other
provision or any valid and enforceable part of a provision of this
Declaration.

G.3  CAPTIONS
The captions and headings in this instrument are for convenience only and
shall not be considered in construing any provisions of this Declaration.


G.4 WAIVER
Failure to enforce any provision contained in this Declaration shall not
operate as a waiver of any such provision or of any other provision of this
Declaration.

G.5 ATTORNEY FEES
In the event of a dispute arising under any provision contained in this
Declaration, the prevailing party shall be entitled to its reasonable costs.