Article IV: Surety and Compliance Deposits, Construction Site Management, & Associated Fines, Penalties, & Sanctions

A. Property Owners or Residential Licensed Contractors (Contractor) must submit a Surety Deposit (SD) set forth in Appendix F – Surety Deposit. This is to insure all construction projects, including painting, driveways, and landscaping, are completed in accordance with the approved plans. Damage to roads or adjacent properties, erosion issues, and all clean up must be completed within one (1) year. The Surety Deposit provides financial support for Article II, Section 1, Paragraph (f) of the Covenants which gives BCPOA the right to do or have done, at the Property Owners expense, any and all of the above-mentioned work which has not been completed in the prescribed one (1) year timeframe.
1.For new homes, the SD will be 10% of the reasonable construction cost minus the cost of the lot or $30,000, whichever is greater. The SD may be cash, certified check, or irrevocable Letter of Credit deposited with BCPOA.

2.For additions requiring a roof, the SD will be $1,000 plus $5.00 a square foot.

3.For additions not requiring a roof, the SD will be $500 plus $5.00 a square foot.

4.Fees will be calculated on the total square footage involved, including garages, carports, decks, and all floors whether living space or not. 

5.The SD will be released by BOD upon timely and satisfactory completion of the construction (See Appendix G – Construction Completion Requirements) as evidenced by final inspection from AECD Manager or another BOD designee and by the Surety Deposit Release Form. Occupancy before this final BCPOA inspection and occupancy approval will result in a fine of $3,000.

6.Under certain conditions, a partial release of the Surety Deposit may be granted with sufficient funds held to cover completion of unfinished work.
B. Prior to the beginning of any exterior site activity or construction, each Active Builder must place on deposit with the BCPOA the sum of $3,000 in cash or in the form of a “Letter of Credit” for the Builder’s Compliance Deposit (BCD) as set forth in Appendix H – Builder’s Compliance Deposit for the purpose of guaranteeing compliance with these Standards.
1. Fines for violation will be debited from the BCD account if the Builder has not otherwise paid such fines within thirty (30) days after notification of the fine assessment.

2. Any Builder whose BCD account has been debited for a fine cannot begin a subsequent project until the account balance has been restored to $3,000 and there are no outstanding unpaid fines.

3. The BCD, less any damage costs or fines assessed, will be returned to the Builder when the Builder is no longer engaged in active construction activity within Big Canoe and submits a written request to POA to terminate the Builder’s CD. 

4. BCPOA may deposit these monies into an interest bearing account with the interest being paid to the Association.
C. The BOD has the authority to establish penalties, fines, and sanctions for non-compliance or damages on or off site, including neighboring lots, roadways, road shoulders, rights-of-way, utilities, common landscape elements, and amenities. The AECD Manager will notify Builder(s) of non-compliance or damages.
1. Damage incidents affecting public safety must be reported to BCPOA Public Safety Department (PSD) immediately, 706-268-3376.

2. Damage incidents affecting the utilities serving Big Canoe (including electrical, water, sewer, telephone, natural gas, CATV) must be reported to the appropriate utility company no later than 30 minutes after the occurrence.

3. Other damage must be reported to AECD by the end of the next work day.

4. In addition to the cost of repairs, failure to report damage incidents constitutes a violation which is also subject to a fine. After 24 hours, if a violation has not been satisfactorily corrected, BCPOA will take appropriate action against Builder/Sub-Contractor, including, but not limited to, the following:
a. A charge for corrective action taken by BCPOA,

b. A cessation of work at the construction site,

c. A denial of entrance into Big Canoe,

d. A denial of AECD approval,

e. A fine of $500 for first offense; $1,000 for second offense; $1,500 or suspension of building privileges for third offense within a 12 month period, 

f. A fine of $50 per day for trash on site.
D. Each job site must be kept as neat and clean as practicable. All construction material shall be stacked neatly and kept within the property lines.

E. The following apply to trash and debris management on the construction site.
1. All trash, litter, building debris, and pallets shall be in an on-site dumpster at the end of each workday. The Builder/Contractor must ensure that no trash, litter, or building debris affect neighboring property or roadways.

2. All debris or other material stockpiled for removal must be neatly stacked in the driveway/parkway area. Such debris or material visible from adjacent homes or roadways must be removed by the end of each work week and by the last work day before a designated holiday.

3. Burying or burning of trash and unused building materials is prohibited.

4. There must be at least one portable bear-proof container on site.

5. Dumpsters shall be exchanged when full and are to be exchanged only on the job lot.
F. Every new construction job site shall display a Job Site Sign, protected from the elements, identifying the Builder and Property Owners and displaying County building permits. The 911 address must be posted visibly 24/7. AECD approved lot identification signs and drop boxes are the only authorized signage permitted to be posted at the job site. Trees may not be used for posting.

G. Any construction activity that produces sufficient noise so as to unreasonably disturb neighbors during the hours defined in Big Canoe Rules and Regulations for allowable construction activities is prohibited unless specifically authorized by AECD. This requirement is not intended to prohibit work, but rather to limit noise.
1. Loud talking, above the typical noise level of construction activity is occasionally required to support the activity. This should be the exception and not the rule.

2. Profanities and obscenities that can be heard beyond the property line are never permitted under any circumstances.
H. Should any of the above be violated, AECD reserves the right to assess a fine or have the violation remedied at the expense of the Property Owners/Builder(s). All fines and losses of privileges may be appealed to the General Manager or her/his designee within thirty (30) days of the notice of such fines or losses of privileges.
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