EXHIBIT “D” DRB RULES, REGULATIONS & GUIDELINES AS OF MARCH 12TH, 2007 1. PURPOSE 1.1 The Design Review Board (DRB) was established to enhance and protect the environmental and aesthetic quality and economic value of all properties in Sugar Mill. 1.2 All actions of the DRB shall be guided by the provisions in the Objectives and Specific Design Requirements sections contained herein, and by the Sugar Mill Declaration of Covenants, Conditions and Restrictions. However, property owners are individually responsible for compliance with the City of New Smyrna Beach Land Development Code and Zoning Ordinances. The Owner should be particularly familiar with Article VII ARCHITECTURAL CONTROL -DESIGN REVIEW BOARD and Article VIII GENERAL RESTRICTIONS -USE AND OCCUPANCY contained in the Sugar Mill Declaration of Covenants, Conditions and Restrictions. 1.3 These guidelines have been written to establish and communicate both specific and general criteria used by the DRB in reviewing each home to ensure that its appearance shall be harmonious with but not repetitive of other homes in the same general area, and to accomplish the below listed objectives. Pursuant to Article VII, Section I, all decisions of the DRB are appealable to a majority of the Association’s Board of Directors. 2. OBJECTIVES 2.1 To preserve the natural beauty of site and setting, and to prevent all but essential clearing of property, removal of trees and earthmoving. 2.2 To ensure that the location and configuration of structures are visually harmonious with their sites and with surrounding sites and structures, and do not unnecessarily block scenic views from existing buildings nor tend to dominate the developed areas or the natural landscape. 2.3 To ensure that the architectural design of structures and their materials and colors are visually harmonious with overall appearance, with surrounding development, with natural land forms and native vegetation. 2.4 To ensure that plans for the landscaping of open spaces conform with the regulations prescribed herein, provide visually harmonious settings for structures on the same site and on adjoining and nearby sites, and blend harmoniously with the natural landscape. i 3. PROCEDURAL COMMENT 3.1 The successful execution of the design review function performed by the DRB necessarily requires that a great deal of judgment be exercised. The DRB has been chartered to preserve the quality of the residential environment and to protect property values. Therefore, its judgments are critical to all property owners. 3.2 The DRB shall carefully consider the personal tastes and economic constraints of each prospective Homeowner as the DRB reviews each home. But, given the possible serious economic impact even one inharmonious house can have on other homes or property in the neighborhood, the DRB must act in the best interest of the overall community and preserve the value of other houses in the community and the value of the community as a whole through its decisions. Therefore, the DRB may require that a proposed home incorporate major design changes to become an acceptable asset to the community or may not allow a home to be constructed at all. In all cases, the decisions of the DRB are subject to appeal to a majority of the Association’s Board of Directors. 4. OBTAINING DRB APPROVAL 4.1 Read this sub-section thoroughly and have your architect do the same. Read the Sugar Mill Declaration of Covenants, Conditions and Restrictions carefully. Your architect should discuss your objectives, standards and ideas with a member of the DRB before any specific drawing. It is strongly recommended that the architect visit and investigate the site prior to initial design work. 4.2 Listed in sub-section 5.2 (items 1 through 5) are the required documents to be submitted for a Design Review. Omission of any item on this aforementioned list may result in a substantial delay in review. Two sets of all submittals are required. If schematic non-dimensional sketches of the dwelling are presented in the form of a preliminary submittal for purposes of conveying the concept, a large investment in final working drawings that are leading in the wrong direction may be avoided, and the DRB will be able to make basic comments before the plan has become rigid. Such preliminary submission also helps insure that the intent of the DRB has been understood by the architect. 4.3 Generally, homes in open areas and in other long vistas are not separated from one another by vegetation or topography. Therefore, greater distance may be required between similar homes in these areas in order to prevent the appearance of design repetition and thus to preserve the property values of all homeowners. An additional technique might require varied front yard setbacks. ii 5. SPECIFIC DESIGN REQUIREMENTS 5.1 General: 5.1.1 Building location, configuration, architectural design, materials and colors, and landscaping shall be harmonious with the overall concept of Sugar Mill. Homes which appear to be tract-type dwellings in character or design shall be discouraged. 5.2 Both preliminary and final submissions shall comprise the following: 5.2.1 Site Plan (existing and future elevation contours, roof plan, walks, driveways, swimming pools, setbacks, easements, property lines and trees.) A North arrow shall be shown. 5.2.2 Floor Plan (to include locations of trash disposal, utility meters and exterior lighting.) 5.2.3 Exterior Elevations (4) 5.2.4 Landscape Planting Plans to conform to Firewise Program Guidelines. 5.3 Each drawing must have its scale clearly stated. Each drawing must also state lot number, the owner’s name, address and telephone numbers, and indicate to which address DRB approval or comment should be sent. 5.4 The DRB will review and return the plans within 30 days of submission and, if approved, one set of plans either with or without recommended changes will be returned to the owner (or indicated address). Disapproved plans shall be returned together with such recommendations as would either improve the opportunity for subsequent approval, or otherwise reject the likelihood of such approval. Note that DRB disapproval is appealable to the Association’s Board of Directors. In the event that the DRB fails to approve or disapprove any plans and specifications as provided for in the Sugar Mill Declaration of Covenants, Conditions and Restrictions within 30 days after submission thereof, the same shall be deemed to have been approved as submitted, and no further action shall be required. 5.5 All changes in plans during construction regarding exterior elements or materials must have the prior written approval of the DRB. 5.6 The following list will serve to clarify the requirements of the DRB and to guide the home builder and his architect in pursuing their design with regard to the criteria by which plans are judged: iii 5.6.1 Site Plan 5.6.1.1 5.6.1.2 5.6.1.3 5.6.1.4 5.6.1.5 Grading: Both existing and future contours shall be shown on Site Plan of all Lots. Grading not related to the building access or drainage will be discouraged. The home should be designed to fit its site rather than adjusting the site to fit the home. All grading shall be accomplished in such a manner as to give the appearance of the natural contours. Driveways: The DRB cautions both lot owners and architects to give careful consideration to driveways. Side or rear entrance garages are required, and adequate room for accessing these locations must be provided. When required due to lot size limitations, front entry garages will be permitted. Trees: Indicate on the Site Plan all trees over 6" in caliper (measured four and one-half feet above the ground) and all trees to be removed. Unwarranted tree removal will not be allowed. No existing tree greater than six inches in caliper (measured four and one-half feet above the ground) shall be removed from any lot for any reason except disease or unless said tree directly interferes with the erecting or placing of the Living Unit on said lot. Fences, Walls, Hedges of any Type: No fence or wall of any type exceeding a height of six feet above the finished graded surface of the ground upon which it is located, shall be constructed, placed or maintained upon any Lot without the prior written consent and approval of the DRB. No fence of any kind is permitted on the side of any lot abutting the golf course. Invisible electric fences are permitted. No hedge of any type exceeding three feet above the finished graded surface of the ground upon which it is located shall be planted, placed or maintained between the street and the front setback line of any Lot without the prior written consent and approval of the DRB. Paved Areas: the Site Plan shall show driveways, walkways, swimming pools, patios and porches and other architectural elements. iv 5.7 Floor Plan 5.7.1 Living Area: Note on the floor plan the square footage of interior living space. 5.7.2 Equipment: The basic interest of the DRB in regard to the floor plan lies in the plan’s effect on the exterior of the house and, thus, upon the neighborhood. Equipment such as water heaters and compressors must be shown on the floor plan and must be screened from view. This also includes pool equipment. 5.7.3 Trash Containers: Trash container areas and yards will be screened visually and in a manner which will dampen associated noise. This should be accomplished with such vegetation as hedges or similarly dense vegetation. The location of trash containers or trash container enclosures is to be shown on plans. 5.7.4 Meters: Utility meters shall be boxed, enclosed, screened or placed in as inconspicuous a location as possible; and the location of all meters is to be shown on plans. 5.7.5 Exterior Lighting: All exterior lighting must be shown on plans. No flashing or brilliant lights shall be permitted. 5.8 Exterior Elevations: 5.8.1 General: All elevations must be shown. Height above the average grade must be shown. All exterior materials must be noted. Exterior materials should be kept to a maximum of three. Any duplication of elevations of existing houses is discouraged, regardless of location. If a floor plan is to be duplicated, there must be a substantial change shown in elevation including textures, materials, colors, roof line, and particularly window and door arrangements. 5.8.2 Decoration: False facades and imitations will be discouraged. Well-designed homes seldom need to resort to attached decoration for interest. Instead, they are capable of standing alone. Home design and character should be compatible with the surroundings and harmonious with the intent of the neighborhood. 5.8.3 Split Levels or Two-Story Homes: Both these styles, because of their height, assume a greater presence in the neighborhood. Thus, it becomes even more essential that they be well-designed. v 5.8.4 Television and Other Antennae: No radio, television or other aerial, antenna, dish antenna greater than one meter in diameter, tower or transmitting or receiving aerial, or support thereof, shall be erected, installed, placed or maintained upon any Lot, Living Unit or upon any building or structure, except under eaves or entirely within the enclosed portion of the individual dwelling unit or garage; and in no event shall such devices protrude above the highest point of the dwelling situated upon such Lot, or extend from overhang or wall. Provided, however, that the Association may erect towers on the properties for the purpose of providing master antenna service. If such service is provided, it shall be made available to every Living Unit Owner on a reasonable and equitable basis. 5.8.5 Roofs: Roofs, including roof repair, shall be of approved materials. It is desirable that roofs blend with their surroundings. Roof design is considered important and is expected to be well done. Garage and outbuilding roofs must reflect a continuity of design with the dwelling roof itself, and the materials must be the same as used on the house roof. Bright colored roofs should be avoided. 5.8.6 Mechanical Equipment: No air conditioning units or mechanical components will be located on or at the front of the house or in the front yard. None shall be located on the roof. 5.9 Colors 5.9.1 Color chips must be submitted as the most exact means of indicating colors intended as exterior of dwelling colors. For any future repainting, if not to be done in the same color, color chips must again be submitted to the DRB for approval prior to repainting. This is required in order to sustain continuity in the community. Overly bright colors will not be allowed. 5.10 Detached Buildings 5.10.1 All detached buildings such as garages shall have the same architectural and color treatment as the main house. Plans must be submitted for prior DRB approval on all such additions. 5.11 Signs/Mailboxes/Newspaper Tubes 5.11.1 Signs: The DRB has full jurisdiction over all signs located within Sugar Mill. In order to standardize signage, a sign has been designed to allow each property owner to advertise his home or lot for sale, lease, or to have his agent so advertise on his behalf, or to allow contractors and builders to advertise their work in such a vi manner as to not detract from the beauty of the neighborhood. Only one sign per lot is permitted. The approved design may be obtained from the DRB. Signs shall not extend more than three feet above the ground. Signs in windows are prohibited. All signs must conform to the standard regulations or they will be removed without notice. 5.11.2 Mailboxes: Street mailboxes and newspaper tubes must be constructed according to the design approved and provided by the DRB. 5.12 Landscaping 5.12.1 This section of the criteria deals with the elements of landscaping and exterior elements related to the residential community. 5.12.2 Residential landscaping should enhance the beauty and privacy of the dwelling units. However, it is the intent of the community to maintain the greenbelt and common property areas without strict definition of property lines, and it is hoped that the resident owners will adhere to these requests. It is also hoped that the natural ground cover of the land can weave throughout the residential development without being impeded by homesites totally planted in grass, and therefore, without respect for the natural elements of the land. 5.12.3 Landscape plans shall be at the scale 1/8" = 1' -0" and must indicate existing and new plant materials, sod, mulch areas and walk, path and driveway materials. No existing tree greater than six inches in caliper (measured four and one-half feet above the ground) shall be removed from any Lot for any reason except disease, or unless said tree directly interferes with the erecting or placing of the living unit on said Lot. 5.13 Beginning Construction 5.13.1 Do not begin construction prior to the DRB’s final approval and permits have been issued by the City of New Smyrna. 5.14 Changes After Construction Has Begun 5.14.1 Any changes to a dwelling or a site not shown on approved plans after construction has begun, or approval has been granted, must be submitted to the DRB for prior written approval. vii 5.15 Height Limits 5.15.1 No residence structure and no other structure or above-ground improvement on a homesite shall rise more than two stories or thirty-five (35) feet, measured in either case, from the highest grade level adjoining the structure. 5.16 Utilities 5.16.1 Wires and conduits for the transmission or distribution of electricity, telephone, and other purposes, public sewers, land drain pipes, water and gas mains, or other pipes shall be placed beneath the surface of the ground, except that street light standards and similar electrical equipment may be placed upon the surface after the DRB has approved the design, location, and where needed, the proposed screening. 5.16.2 Temporary poles used for the transmission of electricity, telephone and other purposes during the original period of dwelling construction may not be erected, placed, installed or maintained on any Lot or portion of the properties after the construction of dwellings has been completed, without the consent and approval of the DRB. Exceptions will be made if the shape of the property will not permit either of these locations. 5.17 Improvements to Existing Homes 5.17.1 Upon completion of their residences and with the passage of time, most homeowners are desirous of further improvement of their property. 5.17.2 The DRB would like to remind all Homeowners that all such exterior improvements must be submitted to the DRB for its review and written approval prior to execution of construction. 5.18 Golf Course Frontage or Golf View Homes 5.18.1 Sugar Mill’s golf course is the single most important element in establishing present and future value of homes in the Sugar Mill community. 5.18.2 It is essential that both the tactical and aesthetic integrity of the course be maintained as homes are constructed in proximity to the golf course. viii 5.18.3 Therefore, golf course frontage, golf views, dwelling location, dwelling types, and the manner in which each relates to the other and to the golf course are necessary considerations for the Design Review Board. 5.18.4 For this reason the DRB specifically reserves the right to approve golf course frontage and golf view homes on a special and individual basis reflecting the DRB’s collective judgment as to how the given home should relate to the golf course; and therefore, the DRB may waive general provisions of the architectural review guidelines and impose such additional restrictions as in its judgment it deems necessary. The DRB specifically reserves the right to approve or disapprove all fences proposed for golf frontage or golf view Lots. 5.18.5 The DRB specifically reserves the right to approve or disapprove a proposed clearing that may be permitted within the 25-foot Golf Course Maintenance Easement Area. If approved by the DRB, the clearing will be done by the golf course crew, and them only. ix