1. Architectural Review Committee. No structures, buildings, or improvements shall be commenced, erected, or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made, including change of color, until the plans and specifications showing the nature, kind, shape, heights, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by Declarant, or by an Architectural Review Committee (herein "Committee") composed of three (3) or more representatives appointed by the Declarant. Structures, buildings and improvements shall include, but not be limited to any dwelling, garage, fence, wall, sidewalk, hedge, mass planting, change in grade or slope, drainage pipe, drainage canal, ditch, swale, catch basin, swimming pool, treehouse, playhouse, sign, flagpole, exterior illumination, monument or marker, outdoor stauary, exterior lights, security lights, storm door, well, utility facility mailbox, patio, deck, screening for outdoor decorative objects, shrubbery or landscaping. In the event said Declarant or the Committee fails to approve or disapprove such design and location within thirty (30) days after complete plans and specifications have been received by it, and notification of receipt of plans and specifications has been sent to the submitting Owner(s), approval will not be required and this Article will be deemed to have been fully complied with. Declarant shall notify Owner if complete plans and specifications have not been received. Declarant, subject to the provisions of Section 2 hereinafter, may assign these duties to the Board of Directors of the Association or to an architectural committee composed of three (3) or more representatives appointed by the Board.
2. Declarant's Authority. All duties and responsibilities conferred upon the Board or the Committee by the Declaration or the Bylaws of the Association may be exercised and performed by the Declarant or its Designee at its discretion, so long as the Declarant shall own any Lot in the Properties or any additions annexed thereto by Supplemental Protective Covenants or Amendment to those Declarations.
3. Committee Members. Until 100% of the Properties have been developed and conveyed to Owners other than Builders, the Declarant retains the right to appoint all members of the Committee, who shall serve at the Declarant's discretion. Upon the expiration of such right, the Board shall appoint the members of the Committee, who shall serve and may be removed in the Board's discretion.
4. Architectural Standards. Until the appointment of the Committee, the Declarant shall adopt the Development Standards and Architectural Review Criteria (herein "Standards") and therafter shall have sole and full authority to modify or amend them. Upon the appointment of the Committee, it shall be responsible for the adoption of and amendments to the Standards, subject to the approval of the Declarant or the Board, whichever entity has the authority to appoint the Committee. Any amendments to the Standards shall apply to construction and modifications commenced afer the date of such amendment only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced.
5. Review of Plans. No construction or improvements shall be commenced, erected, placed or maintained on any Lot, nor shall any exterior addition, change or alteration be made thereto, until an application and the plans and specifications ('Plans") showing site layout, structural design, exterior elevations, exterior materials and colors, signs, landscaping, drainage, lighting, irrigation, utility facilities layout, screening, and any other requirements of the Committee, shall have been submitted to and approved in writing by the Committee. The Standards shat set forth the procedure for submission, review and approval of the application and Plans. A reasonable fee for the review of said application and Plans may be required.
6. Review Standards. In reviewing each submission, the Committee may consider, among other things, visual aesthetics, natural platforms and finish grade elevations, harmony of external design with surrounding structures and environment, and location in the relation to surrounding structure and plant life.
7. Construction Deadline. If construction does not commence on a project for which Plans have been approved within 6 months of such approval, such approval shall be deemed withdrawn, and it shall be necessary for the Owner to resubmit the Plans for reconsideration.
8. Variances. The Committee, in its sole discretion, may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with duly adopted rules and regulations. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing; (b) be contrary to the Declaration; or (c) stop the Committee from denying a variance in other circumstances.
9. Disclaimer. The Committee shall not bear any respnsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements. Neither the Declarant, the Association, the Board, nor the Committee, shall be held liable for any injury, damages, or loss arising out of the review of any application and Plans, including, but not limited to the manner or quality of construction, defects in any plans or specifications, or deficiencies in kind or quality of materials used.
10. Nonconforming Structures. Any structure or improvement placed or made in violation of this Section shall be deemed to be nonconforming. Upon written request from the Board or the Declarant, Owners shall, at their own cost and expense, remove such structure or improvement and restore the land to substantially the same condition as existed prior to the nonconforming work. Should an Owner fail to remove and restore as required, the Board, the Declarant or their designees shall have the right to enter the property, remove the violation, and restore the property to substantially the same condition as previously existed. All costs, together with the interest at the maximum rate then allowed by law, may be assessed against the Lot Owner and the benefited Lot and collected as an Assessment. In addition, the Association shall have the authority and standing to pursue all legal and equitable remedies available to enforce the provisions of this Section and the decisions of the Committee.
11. Lot Clearing. No lot may be clear cut or substantially cleared without the written consent of the Declarant. In no event may any tree with a diameter in excess of eight (8) inches measured at the bas of the trunk at ground level be cut withoutthe written consent of the Declarant, the lot Owner by acceptance ofhis deed of conveyance and the considerations contained therein shall pay as damages to the Declarant the sum of $200.00 for each tree cut in violation of this provision.
