Article V - Architectural Control Committee


  • Section 5.1 - APPROVAL OF BUILDING PLANS - No Residential Dwelling, building, improvement or other structure shall be erected, placed or altered on any Lot until the construction plans and specifications showing the nature, kind, shape, height, color, materials and location of the proposed structure, have been approved in writing as to: harmony of exterior design and color with existing structures; location with respect to topography; and as to compliance with minimum construction standards and/or architectural guidelines adopted by the Architectural Control Committee. A copy of the construction plans and specifications and a plot plan, together with such information as may be deemed pertinent, shall be submitted to the Architectural Control Committee or its designated representative prior to the commencement of construction. The Architectural Control Committee may require the submission of such plans, specifications, and plot plans, together with such other documents as it deems appropriate, in such form and detail as it may elect at its discretion. In the event the Architectural Control Committee fails to approve or disapprove such plans and the specifications within forty-five (45) days after the same are submitted to it and received by it, approval will not be required and the requirements of this Section will be deemed to have been complied with. The members of the Architectural Control Committee shall be the Members of the Board of Directors or its appointees.
  • Section 5.2 - POWERS OF THE ARCHITECTURAL CONTROL COMMITTEE - By way of illustration, but not limitation, the Architectural Control Committee shall have the right to specify architectural and aesthetic requirements for all Residential Dwellings, improvements and other structures, including, minimum setback lines, the location, height, and extent of fences, walls or other screening devices, the orientation of structures with respect to streets, walks, paths, and structures on adjacent property and a limited number of acceptable exterior materials, finishes and colors that may be utilized in construction or repair of improvements. The Architectural Control Committee shall have full power and authority to reject any plans and specifications that do not comply with the restrictions imposed in this Declaration or that do not meet its minimum construction or architectural guidelines or that midit not be compatible with the overall character and aesthetics of the Subdivision. The Architectural Control Committee may authorize variances (only after receiving an approval vote of no less than three quarters of the existing members on the Board of Directors) from compliance with any of its guidelines restrictions when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require. Such variances may only be granted when unique circumstances dictate. All variances granted shall be in writing, addressed to the Owner requesting the variance, describing the applicable restrictions to which the variance is granted, listing conditions imposed on the granted variance and listing specific reasons for granting of the variance. No variance so granted shall prevent the Architectural Control Committee from denying a variance in other circumstances. Failure by the Architectural Control Committee to respond within forty-five (45) days to a request for a variance shall operate as a denial of the variance.
  • Section 5.3 - ARCHITECTURAL GUIDELINES - The Architectural Control Committee shall have the authority to promulgate and change from time to time Architectural Guidelines establishing standards relating to the nature, kind, shape, color, size, materials, and location of improvements and alterations thereto; provided, however, that such will serve as a minimum guideline and the Architectural Control Committee shall not be bound by such Architectural Guidelines.
  • Section 5.4 - NO WAIVER OF FUTURE APPROVALS - Approval of the Architectural Control Committee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Architectural Control Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans, and specifications, drawings, or matters subsequently or additionally submitted for approval.
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