Pattonsburg, a community of 400 in Missouri, was one of the victims of the Great Flood of 1993 in the Midwest. In July 1993, the community was hit not once, but twice, by record flooding. In 1994, the U.S. Department of Energy and the Federal Emergency Management Agency sponsored a "design team" of national experts to help the village plan a new community outside the floodplain. The team held four intensive meetings with the villagers over four months, helping them create a new town plan. One of the team members -- attorney Dan Sloan -- created a proposed local ordinance to codify the sustainable development options the community wanted. Later, the Pattonsburg village board formalized its commitment to sustainable redevelopment by passing a "Charter for Sustainability". Both documents are reproduced here. 

TABLE OF CONTENTS (CONT'D)

 

ARTICLE VII
GENERAL PROVISIONS 

Section 7.1. Enforcement 
Section 7.2. Severability 
Section 7.3. Covenants Running with the Property; Term of Declaration 
Section 7.4. Notices 
Section 7.5. Assignment of Declarant's Rights 
Section 7.6. Successors and Assigns 

EXHIBIT D 

Architectural Standards 

EXHIBIT E 

Energy Standards 

EXHIBIT F 

Sustainability Standards 

 

ARTICLE VII
GENERAL PROVISIONS

Section 7.1. Enforcement. Declarant, the Board of Aldermen, or any Citizen shall have the right to enforce, by any proceeding at law or in equity, all restrictions, easements, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Without limiting the generality of the foregoing, if any Citizen fails to comply with any of the provisions of this Declaration and such failure continues for at least ten (10) days after notice thereof is given to the Citizen, then either Declarant or the Board of Aldermen may, but without any obligation to do so, take such action as either of them considers necessary or appropriate (including, without limitation, entering the Lot owned or occupied by the Citizen) to correct the noncompliance; provided, however, that judicial proceedings are instituted before any Improvements are altered or demolished. The cost incurred in taking such action shall constitute a special assessment upon the Lot(s) owned or occupied by the Citizen and shall be collectible in the manner provided herein for the payment of assessments. Failure by the Declarant, the Board of Aldermen or any Citizen to enforce any provision of this Declaration shall in no event be deemed a waiver of the right to do so thereafter. 

Section 7.2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. 

Section 7.3. Covenants Running with the Property: Term of Declaration. The covenants and restrictions of this Declaration shall run with and bind the Property and the Members, for a term of 25 years from the date this Declaration is recorded, subject to Section 2.6. 

Section 7.4. Notices. All notices, demands, requests and other communications required or permitted hereunder shall be in writing and shall either be delivered in person or sent by U.S. first class mail, postage prepaid. Notices to the Declarant shall be sent to __________________________, or to such other address as the Declarant shall specify by executing and recording in the Clerk's Office an amendment to this Declaration, which amendment shall not require the approval of any other parties as provided in Section n2.7. Notices to the Board of Aldermen or to the Citizens (other than the Declarant) may be sent to their general postal address. All such notices, demands, requests and other communications shall be deemed to have been given upon the earlier of (i) delivery at the appropriate address specified above, whether in person, by express delivery service or by mail or (ii) three business days after the postmark date of mailing. Rejection or other refusal to accept shall not invalidate the effectiveness of any notice, demand, request or other communication. Notwithstanding the foregoing, any notice of the filing of a memorandum of assessment lien shall be sent in the manner required by the Code of Missouri if different than the notice described above. 

Section 7.5. Assignment of Declarant's Rights. Any and all rights, powers, easements and reservations of Declarant set forth herein may be assigned in whole or in part, at any time or from time to time, to the Board of Aldermen, to a Supplemental Association, to another Owner or to any other party in Declarant's sole discretion. Each such assignment shall be evidenced by an instrument which shall be recorded in the Clerk's Office. 

Section 7.6. Successors and Assigns. The provisions hereof shall be binding upon and shall inure to the benefit of Declarant, the Board of Aldermen, the Members and their respective heirs, legal representatives, successors and assigns. 

EXHIBIT D: ARCHITECTURAL STANDARDS

MATERIALS

EXTERNAL WALLS 

1. Building walls may be built of wood, hardboard, aluminum or vinyl siding (not greater that 8" exposed to the weather) 

2. Building walls may be built of brick. 

3. Building walls may be built of stucco with smooth finish or Dryvit or equal. 

4. Exposed foundation walls may be built of brick, paged block, smooth-finished poured concrete; or painted brick-form poured concrete. 
 

BUILDING ELEMENTS 

1. Piers and arches shall be built of brick, or block with stucco finish. 

2. Porches shall be made of wood or concrete faced on three sides with brick. 

3. Stoops shall be made of brick, concrete or stone. Wood may be used at secondary entrances. 

4. Posts, columns, and balustrades, shall be built of wood. 

5. Railings shall be built of wood or wrought iron. 

6. Decks may be built of pressure treated wood and shall be painted when easily visible from nearby streets. 

7. Flow boxes on windows and railings shall be made of wood (and are strongly encouraged). 
 

ROOFS 

1. Roofs may be built of steel standing seam, copper or asphalt shingle. 

2. Roofs may be built-up membrane only where flat roofs are permitted and must be screened by parapet walls. 
 

WINDOWS AND DOORS 

1. Windows shall be wood or (white) vinyl-clad wood. 

2. Glass shall be clear and free of color. Glass may be frosted when not easily visible from nearby streets. 

3. Windows of glass blocks are allowable when not easily visible from nearby streets. 

4. Storm windows and screens shall be of the same material as the windows they serve. 

5. Shutters shall be built of wood or vinyl. 

6. Awnings shall be made of canvas. 

7. Doors may be of wood, embossed steel, or fiberglass with a wood veneer. 

8. Doors may be of the "sliding patio" variety when not easily visible from nearby streets. 

9. Garage doors shall be built of wood, embossed hardboard, embossed steel, or fiberglass with a wood veneer.  
 

GARDENS 

1. Fences may be built of wood pickets, wood lattice or wood board. Hedge material should be selected from the plant list. 

2. Fences may be built of steel or wrought iron. 

3. Gates in fences shall be built of the fence material. 

4. Garden walls shall be built of brick or stone to match the principal building at all front yards, side yards facing a street or path, and rear yards facing a street. 

5. Gates in garden walls may be of wood, steel, or wrought iron. 

6. Retaining walls shall be brick or stone at all front yards and side yards facing a street or sidewalk. Retaining walls not visible from nearby streets may be of brick, stone, concrete or wood. 

7. Lead walks shall be brick, stone or concrete. 

8. Driveways off a street shall be asphalt, concrete, brick or brick pavers. 
 

LANDSCAPE 

1. All plant material (trees, shrubs, etc.), shall be selected from the plant list. 

2. Include light-limbed, heavy foliage street trees (avoid shading south) on west and southwest of lots. 

3. Place vegetation to allow solar access. 

4. Place evergreens on northwest to protect from winter wind. Use vines on trellis to shade east and west side walls. 

5. Use bushes next to driveway to absorb runoff. 

6. Use foundation plantings to catch roof runoff. 

CONFIGURATION

EXTERNAL WALLS 

1. Building walls of wood, hardboard, aluminum or vinyl siding, shall have all openings trimmed in matching material 2" - 4" nominal width and corners trimmed in matching material of 4" - 6" nominal width. Doors may have wider trim. 

2. Building walls constructed of more than one material shall only change material along a horizontal line (not a vertical or diagonal line). Additionally, the heavier material shall always go beneath the lighter material. 

3. Front and side facades of any one building on a corner lot shall be made of the same materials, similarly detailed, etc. Corner lots are those at the intersection of streets, alley, paths, parks, etc. 

4. Brick or stone used only on the front facade must return onto the side facade 8" to 12". 

5. House foundation walls of poured concrete which face a street shall be exposed no more than 18" above the ground. 

6. Gables atop brick walls may be finished in stucco, siding, or brick. 
 

BUILDING ELEMENTS 

1. Masonry arches shall not be less than 8" in thickness. 

2. Keystone masonry arches shall be centered on the arch and have sides radial to the arch. 

3. Piers of masonry shall be no less than 12" in width and 8" in depth. 

4. Wood posts shall be no less than 6" nominal in width or depth and chamfered at the corners. 

5. Columns, pilasters, etc. shall be of the Tuscan or Doric orders as prescribed by The American Vignola. 

6. Balusters shall not exceed 4-1/2" on center. 

7. Porch openings shall be vertical in proportion. 

8. Stone or pre-cast concrete lintels shall extend horizontally beyond the window opening a dimension equal to the height of the lintel. Brick soldier lintels shall extend a minimum of one brick beyond the opening. 

9. Decks should generally be located in rear yards and the scale compatible with living unit(s) and with the lot. 

10. The undercroft of decks and porches easily visible from nearby streets shall be skirted by wood or vinyl lattice with not greater than 1-1/2" spaces between the boards. 
 

ROOFS

1. Roofs shall be simple and symmetrically pitched, and only in the configuration of gables and hips. The pitch of the roof shall be between 8:12 and 14:12. 

2. Shed roofs (roofs which pitch in one direction) shall only be permitted when the ridge is attached to an exterior wall of a building. The pitch shall be between 4:12 and 14:12. 

3. Flat roofs are permitted only when they are occupiable and accessible from an interior room and must be edged by a railing or parapet. Flat roofs are permitted on Main Street units even when not occupiable. Garages may have "flat" roofs which are not accessible if edged by a well detailed parapet wall. 

4. Roofs should overhang a gable end a minimum of 12". 

5. Dormers shall be roofed with a symmetrical gable, or shed roof. 

6. Skylights shall be flat in profile. 

7. Skylights, solar panels, vent stacks, and other roof protrusions shall not be placed on a roof facing a street nor shall they be visibly obtrusive from nearby streets. 
 

WINDOWS & DOORS 

1. Windows shall be square or vertical in proportion. 

2. Windows may be circular, semi-circular, hexagonal, or octagonal in shape, but only one such window may be placed on each facade. Windows may be quarter-circular in shape when paired in a gable end. 

3. Bay windows on street facades shall extend to the ground or be visually supported on brackets. 

4. Window lights shall be square or vertical in proportion. 

5. Single glass panes shall be no larger than 20 square feet. 

6. Total fenestration (rough window openings) on the front facade shall not exceed 30% of the total surface area. 

7. Two or more windows in the same rough opening and easily visible from nearby streets or sidewalks must be separated by a minimum 4" wide post. 

8. Windows on elevations facing a street or sidewalk shall be no closer than 2' to the corners of the building. 

9. Shutters shall be applied to all or one of the typical windows on any given elevation. 

10. Shutters shall be shaped, sized and proportioned to the window they serve. 

11. Shutters shall be fully functional with all necessary hardware or shall be provided with adequate hardware to make them appear functional and shall be mounted as if hinged to the window sash. 

12. Storm doors and screen doors shall be full view and free of decorative trim. 

13. Double doors shall not exceed 5'-4" in overall width except where intermediate 4" (min) posts are provided. 

14. Garage doors shall not exceed 9' in height or 18' in width. 
 

GARDENS 

1. Hedges, fences or garden walls and gates in the absence of building walls, shall complete the frontage setback line. 

2. All terminal posts in fences (corners, property line corners, openings, ends, etc.) shall be fatter and taller than typical posts. 

3. Fences, garden walls and hedges along streets, sidewalks, parks, etc., shall be between waist and breast height. 

4. Fences and garden walls in other locations shall be of at least waist height, except fences and walls within 20' of a park, lake or other community open space which must be waist height. 

5. Walks must be built flush with the ground. 

6. Driveways opening onto a street shall be no wider than 12' at the property line. 

7. The following outbuildings and landscape constructions shall be permitted and must adhere to the Architectural Standards: garages, workshops, guest houses, artisan studios, garden pavilions, greenhouses, gazebos, trellises, arbors, in-ground swimming pools, outdoor tubs, sauna, pool houses and equipment enclosures, dog houses, storage sheds, etc. 

LANDSCAPE 

All landscape materials to be planted as prescribed by the plant list. 

TECHNIQUES

EXTERNAL WALLS

1. Brick shall be in a horizontal running bond pattern. 

2. Butt joints between siding pieces may be caulked or covered, but must match the color of the siding. 
 

BUILDING ELEMENTS 

1. Wood porches, stoops, railings, etc., shall be painted when easily visible from nearby streets. 

2. Railings of steel or wrought iron shall be painted black. 
 

ROOFS 

1. Roofs built of steel standing seam shall be painted or galvanized. 

2. All vents, attic ventilators, turbines, flues, and other roof penetrations shall be painted to match the color of the roof or flat black except those made of metal which may be left natural. 
 

WINDOWS & DOORS 

1. Windows shall be single-hung, double-hung, casement, or fixed in decorative applications. 

2. Shutters shall be painted white or a dark neutral color. 

3. Doors, including garage doors, shall have glass, raised panels, or both. 

4. Storm doors and screen doors shall be finished to match the door they serve or the trim around it. 
 

GARDENS 

1. Fences built of wood shall be painted white when facing streets, sidewalks, parks, etc. 

2. Fences built of steel or wrought iron shall be painted black. 

3. Brick walls shall be no less than 8" wide and capped. The cap shall overhang the wall no less than 1/2" on each side. 

4. Garden walls of brick or stone shall be capped in a brick rowlock course of brick, cut brick or dressed coping stone 1-1/2" - 3" thick. 
 

LANDSCAPE 

1. All plant material shall be planted and maintained as per the instructions and recommendations of the plant list. 

MISCELLANEOUS

1. Variances may be granted on the basis of architectural merit, site conditions and/or other extenuating or unusual circumstances.

2. Materials other than those specified are subject to approval. 

3. The following items shall not be located in front yards, side yards facing a street or sidewalk unless screened with vegetation, nor visibly obtrusive from nearby streets: air conditioner equipment, electrical or gas meters, antennas, satellite dishes, garbage cans, permanent grills, in-ground swimming pools, doghouses and dog runs, hot tubs and spas. 

4. Flagpoles less than 6' long may be mounted at an angle to porch columns or posts and building walls. Free standing flagpoles are permitted on public property only. 

5. Exterior light fixtures shall be compatible with the style of the building to which they are attached. 

6. Garage doors opening onto an alley shall have a fixture and a photocell. 

7. Fixtures and doors with direct access to paths shall have a fixture and a photocell. 

8. A mixture of plant species including large trees, small trees and shrubs of deciduous and evergreen varieties is encouraged. 

9. Avoid placement of entry ways into the wind. 

EXHIBIT E: ENERGY STANDARDS

I. Standards for Residential Buildings

Notes:

• R-19 in crawlspace underside of floor and rim joint area 
• Vapor retards over bare soil for slab-on grade and for crawl space 
• Air Ducts - R-7 on supply and return air ducts in unconditioned space 
• Water Pipes - insulate hot and cold water pipes in conditioned space for minimum of first 6 feet 
• Minimum .50 CFM exhaust fans in bathrooms 
• Minimum 100 CFM exhaust fans in kitchen 
• Automatic setback thermostats for gas heat 
• Seal all duct joints (supply and return) with duct mastic such as RCD #6, Hardcase or Aqua-Fas 

• Double glazed windows with low-E coating 
• Solid core insulated doors 
• Minimize doors and windows on the north wall 

• Air barrier house wrap, caulk and seal at top and bottom edges and seams 
• Seal all penetrations through thermal building envelope (such as electrical, plumbing and vent penetrations or chimneys) with caulk or form 
• Seal drywall to framing members or exterior walls and ceiling or use a "vapor barrier" on all walls and ceiling between conditioned and unconditioned space 
• Airtight electrical boxes on exterior walls 
• Install sill sealer under sillplate 
• Caulk sole plate and top and bottom edge of rim joist 
• Average air change .35 to .5 per hour, but not less than 15 cfm per person 

II. Standards for Small Commercial Buildings (60' x 160')

F. Energy Management Systems

Zone control
  Heat pump supplemental heat control
  Automatic shutdown controls
  Zone isolation
  Economizer controls

III. Site Planning Requirements for All Buildings

B. All residential lots must have trees planted to maximize summer cooling. 

IV. Recommended Procedures

B. Citizens should use and participate in state and federal energy programs including Green Lights, Nice 3, KP, Exemplary Buildings, Motors Challenge, PT1 Green Buildings, Rebuild America, SECP, Energy Star Buildings, SBA Pollution Control Loans, SBA EERE Loans and ISTEA Enhancement Funds as well as such other similar programs as may exist from time to time. 

C. Citizens should orient both new construction and relocated buildings to maximize the solar benefits that they or future generations may obtain. 

D. In relocating existing residences to and placing manufactured homes in New Pattonsburg, Citizens should (i) have an energy audit and analysis conducted to identify practical energy conservation measures, (ii) replace heating and cooling equipment and appliances with energy efficient devices, (iii) construct on foundations designed to increase energy efficiency and (iv) weatherize the dwellings. 

E. In constructing new homes in New Pattonsburg, Citizens should (i) make maximum use of daylighting, (ii) use roof colors that decrease cooling needs, (iii) landscape to maximize solar and wind benefits and (iv) use energy efficient lighting throughout the house. 

F. Citizens should use vines and trellises to shade outdoor cooling units and the southern exposure of buildings. 

EXHIBIT F: SUSTAINABILITY STANDARDS

I. Water Standards

II. Design Standards

B. Citizens shall use insect resistant detailing to minimize use of pesticides. 

C. Citizens shall preserve all existing trees where feasible. If a building or improvement can be relocated on a lot (without violation of setbacks) to avoid the destruction of a healthy tree having a caliper of 6 inches or more at two feet from the ground, then such relocation shall occur. In constructing around existing trees the following practices shall be observed. 

• A construction fence shall be erected at the drip line; 
• No disturbance or heavy equipment shall be allowed within such area; 
• No hazardous liquids (such as solvents or paints) shall be released on the ground; and 
• No material grade changes in the immediate vicinity of the tree. 

Impervious groundcover shall be minimized, using pavers and porous asphalt as feasible. Rooftop runoff, to the extent not utilized in yard irrigation shall be directed to infiltration trenches where feasible. Gutters shall not be designed to release into impervious surfaces that convey the water offsite (eg. driveways), and Shrubbery shall be planted at the point of discharge of roof gutters and along the sides of driveways in order to reduce offsite sheet flow of stormwater. 

III. Miscellaneous

B. Citizens shall abide by such fertilizer and pesticides usage rules as are announced from time to time by the Board of Aldermen. 

IV. Recommended Procedures

A. Citizens should optimize use of interior space so that the overall building size and resources used in its construction are minimized. 

B. Citizens should avoid present and future waste by designing for standard sizes, not overbuilding and designing for the easy replacement of heating and cooling system components, appliances and fixtures such as showers, bathtubs and toilets. 

C. Citizens should landscape with drought-resistant native plants, minimize grass lawn and maximize meadow lawns and perennial groundcovers. 

D. Citizens should use rooftop or rainbarrel catchment systems and drip irrigation for outdoor watering. 

E. Citizens should replace showerheads in relocated houses and should, as the need rises, replace toilets and fixtures not using more than 1.5 gallons per flush. 

Materials 

A. Citizens should construct using salvaged or recycled materials, materials made from recycled materials (such as cellulose insulation from recycled material or recycled plastic supports); provided, however, that windows and toilets should not be recycled. 

B. Citizens should utilize lumber products from "sustainable" or "well managed" forests. Citizens should minimize use of pressure-treated lumber, utilizing recycled plastic where practical. 

C. Citizens should ask their contractors to avoid solvent-based finishes, adhesives, carpeting, particleboard or other building products that release formaldehyde and volatile organic compounds. 

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