DECLARATION OF
COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
FOR PEPPER HILLS

ARTICLE XIV. SOLAR ACCESS DEFINITIONS

14.1
Exempt Tree: Any preexisting vegetation as defined in Section 15.2, or any vegetation included on the list of solar friendly vegetation kept by the City of Boise's Public Works and Community Planning and Development Departments.

14.2
Front Lot Line: The line represented by the connection of the most distant corners of a Lot, including flag Lots, where said corners are in common with the boundary of a public or private road. For corner Lots, the front Lot line is designated on the plat.

14.3
NORTH SLOPE: The gradient, in percent slope, from the average finished grade of the front Lot line of the shade restricted Lot to the average finished grade of the solar Lot line of a solar Lot. The slope must be downward or decreasing in elevation from south to north.

14.4
Restricted Vegetation: A tree or other vegetation which is either evergreen, or if deciduous, tends to retain its leaves late in the fall and/or drop them late in the spring, or has a dense branching pattern which generally tends to block a high level of the sun's rays during the heating season. Refer to the list of "solar friendly" trees on file with the Boise City Public Works and the Community Planning and Development Departments.

14.5
Shade: That portion of the shadow cast by the shade point of a structure or vegetation which exceeds the 11.5 foot fence at the solar Lot line at solar noon, January 21.

14.6
Shade Point: The part of the structure, tree, or other object, on a shade restricted Lot, which casts the longest shadow (the most northerly shadow) when the sun is due south on January 21st at an altitude of twenty-six (26) degrees above the horizon, except a shadow caused by a narrow object such as a chimney, antenna, utility pole, wire, etc.

14.7
Shade Point Height: The vertical distance or height measured from the average elevation at the solar Lot line to the shade point. If the shade point is located at the north end of a ridge line of a structure oriented within 45 degrees of a geodetic north-south line, the shade point height computed according to the preceding sentence may be reduced by 3 feet. If a structure has a roof oriented within 45 degrees of a geodetic east-west line with a pitch which is flatter than 6 feet (vertical) in 12 feet (horizontal), the shade point will be the cave of the roof. If such a roof has a pitch which is 6 feet in 12 feet or steeper, the shade point will be the peak of the roof.

14.8
Shade Restricted Lot: Any Lot within the subdivision that is southerly of and adjacent to a solar lot. These Lots have some restriction on vegetation types and structure height.

14.9
Solar Friendly Vegetation: A tree or other vegetation which is included on the solar friendly vegetation list kept by the City of Boise's Public Works and Community Planning and Development Departments.

14.10
Solar Lots: A Lot which has the following characteristics:

1.
The front Lot line is oriented within thirty (30 degrees of a geodetic east/west bearing;

2.
The Lot to the immediate south has a north slope of ten (10) percent or less;

3.
Is intended for the construction of an above ground inhabited structure.

14.11
Solar Lot Line: The most southerly boundary of a solar Lot; the line created by connecting the most distant southerly comers of the solar Lot.

14.12
Solar Setbacks: The minimum distance, measured perpendicular in the southerly direction, from the center of the solar Lot line to the shade point of a structure or to restricted vegetation based upon its height at maturity on the shade restricted Lot.

14.13
Solar and Shade Restricted Lots: Pepper Hills Phase IV Solar (S), Shade Restricted (SR), and Shade Restricted and Solar Lots are:

BLOCK

LOT

S

SR

SRS

3

18

S

   

3

17

S

   

3

23

S

   

1

16

S

   

1

17

S

   

1

18

S

   

1

19

S

   

1

6

   

SRS

1

5

   

SRS

1

4

   

SRS

1

3

   

SRS

1

2

   

SRS


 
© 2008 Pepper Hills HOA