1. Construction Subject to Approval. No exterior structure or Improvements shall be placed, erected or installed upon any Lot except in compliance with this Article VI unless exempted from compliance in writing by Developer or any Successor Developer.
2. Interior Improvements, Etc. Any Owner may remodel, repaint or redecorate the interior of any Improvements which is a residential dwelling without the approvals required by this Article. Modifications to the interior of screened in porches, patios and similar portions of an Improvement visible from outside the Improvement, including all additions thereto, shall be subject to compliance with this Article VI.
3. Activities of the Developer. This Article VI shall not apply to activities of the Developer during the Period of Developer Control. This Article may not be amended without the written consent of the Developer so long as Developer owns any property which is subject to this Declaration or property which is part of the Annex Property.
4. Approval of Builder. During the Period of Developer Control, only Builders approved by Developer or Builders who are a party to a Signature Builder Agreement shall be entitled to contract to construct Improvements on a Lot. The Developer may maintain an Approved Builder List containing the names of all Builders so approved. Developer may require prospective approved Builders to complete an application. Both the application form and the approval criteria are subject to change in the sole discretion of the Developer. After termination of the Period of Developer Control, the Board shall assume the duty of providing approved Builders. The Board's approval of Builders must not be unreasonably withheld or delayed.
5. Designation of Design Review Committee. The Association shall have a Design Review Committee (the "Committee") which shall consist of three (3) members who shall be natural persons. The Committee shall be responsible for administration of the Design Guidelines. During the Period of Developer Control, the members of the Committee shall be appointed by Developer and shall be subject to removal at any time by the Developer. After termination of the Period of Developer Control, the members of the Committee shall be appointed and shall be subject to removal at any time by the Board. The Committee shall designate an individual as its Secretary, and all communications with the Committee shall be conducted through the Secretary.
The Committee shall employ an architect (the "Architect") who shall be responsible for technical review of plans for the account of the Committee. During the Period of Developer Control the Architect shall be approved by the Developer. The Architect may establish and charge reasonable fees, subject to the approval of the Committee, for review of applications for construction and modifications subject to compliance with this Article VI and may require such fees to be paid in full whether prior to review of any applications or to be paid as a condition of approval or response to the application. Such fees may include the reasonable costs incurred in having any application reviewed by other construction professionals.
6. Function of the Committee. No Improvement or modification thereto shall be erected, constructed, placed, maintained or permitted to remain on any Lot until the plans therefor (the "Plans") shall have been submitted to and approved in writing by the Committee, which shall determine in its sole discretion whether or not the proposed Improvement, and all features thereof, is consistent with the Design Guidelines as set forth in Section 7 of this Article VI (the "Design Guidelines") and otherwise compatible with other improvements constructed within the Development. The Committee shall be the sole judge and arbiter of such consistency and compatibility. As a prerequisite to consideration for such approval, and prior to beginning of the contemplated work, the Owner or Builder shall make the submissions required by the Design Guidelines together with payment of a reasonable fee in amount to be determined from time to time by the Committee to defray its costs incurred in considering and acting upon any proposed Plans and requiring changes to secure approval. The Committee may refuse approval of any Plans that in its sole judgment are inconsistent with the overall purpose and aesthetic values of the Development or the architectural standards described in the Design Guidelines.
7. Design Guidelines. The Developer shall prepare the initial Design Guidelines for the Development The Design Guidelines may contain general provisions applicable to all of the Development, as well as specific provisions which vary according to land use and from one portion of the Development to another depending upon the location, unique characteristics, and intended use. For example, by way of illustration but not limitation, the Design Guidelines may impose different requirements on those portions of the Development adjacent to or visible from the Golf Club Facilities or the Open Space. In addition, the Design Guidelines may adopt specific requirements with respect to each Improvement, such as specific protocols and designation of non-disturbance areas. A lot "protocol" for each Improvement may be prepared by the Architect which sets forth the home location, finished floor elevation and approximate finish grades. In consideration for these services, the Owner may be charged a reasonable fee by the Architect.
The Design Guidelines are intended to provide guidance to Owners and Builders regarding matters of particular concern to the Developer and the Committee in considering applications hereunder. The Design Guidelines are not the exclusive basis for decisions of the Committee and compliance with the Design Guidelines does not guarantee approval of any application.
For so long as the Developer owns any property within the Development, the Developer shall have sole and full authority to amend the Design Guidelines. Thereafter, the Board, working with the Architect, shall have such right. Any amendments to the Design Guidelines shall be prospective only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced. There shall be no limitation on the scope of amendments to the Design Guidelines; amendments may remove requirements previously imposed or otherwise make the Design Guidelines less restrictive. The Developer or the Association shall make the Design Guidelines available to Owners and Builders who seek to engage in development or construction within the Properties.
8. Procedures. Plans and specifications showing the nature, kind, shape, color, size, materials, and location of all proposed structures and Improvements ( collectively the "Plans") shall be submitted to the Committee for review and a decision on approval. The foregoing items shall be referred to in this Declaration as the "Plans Application." In addition, information concerning irrigation systems, drainage, lighting, landscaping and other features of proposed construction shall be submitted as applicable and as required by the Design Guidelines. In reviewing each submission, the Committee may consider the quality of workmanship and design, harmony of external design with existing structures, and location in relation to surrounding structures, topography, and finish grade elevation, among other considerations. Decisions may be based on purely aesthetic considerations. Each Owner acknowledges that opinions on aesthetic matters are subjective and may vary over time.
In the event that the Committee fails to approve or to disapprove any complete application within thirty (30) business days after submission of all information and materials reasonably requested, the applicant may send a written request to the Committee to act on such application and if no response is received within ten (10) business days after receipt of the written request by the Committee, the application shall be deemed approved. However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Design Guidelines unless a variance has been granted in writing by the Committee pursuant to this Chapter. Notwithstanding the above, the Committee, by resolution, may exempt certain activities from the application and approval requirements of this Chapter, provided such activities are undertaken in strict compliance with the requirements of such resolution.
All appeals of Committee decisions shall be in accordance with the procedure outlined in the Design Guidelines.
9. Specific Guidelines and Restrictions.
(a) Exterior Structures and Improvements. Plans and specifications shall be submitted for approval for all exterior structures and Improvements and/or modifications thereto which shall include all details as required by the Design Guidelines. The Developer and the Committee shall regulate antennas, satellite dishes, or any other apparatus for the transmission or reception of television, radio, satellite or other signals of any kind only in strict compliance with all federal laws and regulations.
(b) Specific Guidelines. In addition to the foregoing activities requiring prior approval, the following items are strictly regulated, and the Committee shall have the right, in its sole discretion, to prohibit or restrict these items within the Development. Each Owner must strictly comply with the terms of this Article VI unless approval or waiver in writing is obtained from the Committee or Developer.
(i) Tree Pruning and Removal. Pruning, limbing, or removal of trees and other natural resources as well as the creation of view corridors without the prior written consent of the Committee is prohibited except as permitted by the Design Guidelines.
(ii) Lighting. Exterior lighting visible from the street shall not be permitted unless approved by the Committee under this Article VI. Seasonal decorative lights may be used only pursuant to rules and regulations established in the Design Guidelines.
(iii) Temporary or Detached Structures. Except as may be permitted by the Committee, no temporary or detached house or dwelling shall be placed or erected on any Lot. No mobile home, trailer home, travel trailer, camper or vehicle commonly known as a "recreational vehicle" shall be stored, parked or otherwise allowed to be placed on a Lot as a temporary or permanent dwelling.
(iv) Utility Lines. Overhead utility lines are not permitted, including lines for cable television, except for temporary lines as required during construction and lines installed by or at the request of the Developer.
(v) Signs. No sign of any kind shall be erected within the Development without the prior written consent of the Developer during the Period of Developer Control and thereafter the Board.
(vi) Minimum Dwelling Size. The Design Guidelines may establish a minimum square footage of enclosed, heated and cooled living space for residential dwellings, which minimum may vary from one Section of the Development to another. Upon written request of an Owner, the Committee may waive the minimum square footage requirement if, in the Committee sole discretion, the resulting appearance of such residential dwelling will preserve and confonn to the overall appearance, scheme, design, value and quality within the Development.
(vii) Exterior Appearance. No chain link fences shall be permitted within the Development, except those fences erected by the Developer. Moreover, all fences must be approved by the Committee and, in no event, may fences be erected such as to block right of way view.
10. Building Restrictions. All Improvements and other structures shall be constructed in compliance with any and all applicable state, county and municipal zoning and building restrictions and any applicable regulations and restrictions. All grading, cleaing, construction of impervious surfaces, building, and other construction activity performed on Lots that are subject to the rules, regulations, guidelines, or restrictions of the County shall be performed in accordance therewith.
11. Construction Period. The initial construction of all Improvements on a Lot must be commenced within and completed within a time frame as determined by the Design Review Committee. Such time periods are extended by the Committee in its sole discretion. Developer reserves the right in its sole discretion to sell certain Lots as determined by Developer within no required construction time frame. All other construction shall be completed within the time limits established by the Committee at the time the project is approved by the Committee.
12. Builder's Responsibility. In the event that a Builder or Owner ceases construction on a dwelling for more than thirty (30) days, the Developer or the Association shall have the right, but not the obligation, to finish the exterior of the dwelling in a workmanlike manner and maintain the Lot, keeping it free of trash and debris to prevent devaluation of other properties in the Development. Costs in confonnance with the standards approved by the Committee incurred for finishing the exterior of the dwelling, as well as maintenance costs, shall be charged by the Developer or the Association to said Builder. Both the Developer and the Association shall endeavor but shall not be required to follow the Builder's plans in completing the exterior of dwelling. Should said Builder fail to reimburse the Developer or the Association for costs incurred, said costs shall become a lien against such Lot.
13. No Waiver of Future Approvals. Approval of proposals, plans and specifications, or drawings for any work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any similar proposals, plans and specifications, drawings, or other matters subsequently or additionally submitted for approval.
14. Variance. The Committee may authorize variances from compliance with any 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 be effective unless in writing. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance.
15. Limitation of Liability. The criteria and requirements established by the Developer or the Committee for Builder approval are solely for the Developer's and the Committee's protection and benefit and are not intended to provide the Owner with any form of guarantee with respect to any approved Builder, including Builders from the Approved Builder List. Owner's selection of a Builder shall be conclusive evidence that the Owner is independently satisfied with any and all concerns Owner may have about the builder's qualifications. Furthennore, Owner waives any and all claims and rights Owner has or may have now or in the future, against the Developer or the Committee. Review and approval of any application pursuant to this A1ticle are made on the basis of aesthetic considerations only. None of the Developer or the Committee shall bear any responsibility for ensuring the structural integrity or soundness of plans approved, proposed or prepared by the Architect or any other approved construction or modification, nor for ensuring compliance with building codes and other governmental requirements. Neither the Developer nor, the Association, the Board, or any member thereof, or the Architect, shall be held liable for any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications of any Lot, including but not limited to any construction in accordance with plans proposed, prepared or reviewed by the Architect. In all matters, the Committee and Architect shall be defended and indemnified by the Association. Each Owner and occupant hereby acknowledges that no partnership, joint venture, or principal and agent relationship exists between the Architect and the Developer or the Association.
16. Enforcement. The Developer, Architect, the Committee, or the representatives of each shall have the right, during reasonable hours and after reasonable notice, to enter upon any Lot to inspect for the purpose of ascertaining whether any structure or improvement is in violation of this Article VI. Any structure or improvement placed or made in violation of this Article VI shall be deemed to be nonconforming. Upon written request from the Developer, Architect, the Association or the Committee, Owners shall, at their own cost and expense, remove such structure or improvement and restore the property to substantially the same condition as existed prior to the nonconforming work. Should an Owner fail to remove and restore as required, the Board may enforce the decisions of the Developer, the Committee and the Architect by any means of enforcement described in Declaration. In addition, the Developer, the Association and the Committee shall have the right to enter the property, remove the violation, and restore the property to substantially the same condition as previously existed. Entry by the Developer, Association or the Committee or their representatives onto a Lot for the purpose of inspecting or enforcing compliance with this Article VI shall not constitute a trespass.
All costs, together with the interest at the maximum rate then allowed by law, may be assessed against the benefited Lot, and collected as a Special Assessment which shall be subject to enforcement as set forth in Article IV Section 10.
During the Period of Developer Control, the Developer shall have the power to enforce the terms of this Declaration against any Builder. Further, during the Period of Developer Control, Developer shall have the right to require a Builder to keep the streets in front of the Lots upon the Builder is undertaking construction activities free from mud and similar construction debris, and Builder shall maintain proper erosion control measures and keep all storm drains free and clear of debris. If any such condition remains for one (1) day after written notice to Builder, Developer shall have the right, but not the obligation, to correct such condition at Builder's cost and expense, and Builder shall on demand pay Developer an amount equal to the sum of all costs incurred by Developer plus a 15% administrative fee at the maximum legal rate until paid. These costs may also be deducted from the Signature Builders “Compliance Deposit.”
Neither the Architect, the Association, the Developer, the Committee, nor their members, officers, directors, trustees or representatives shall be held liable to any Person for exercising the rights granted by this Article VI. Any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Article VI or the Design Guidelines may be excluded by the Developer, the Committee or the Association from the Development.
In addition to the foregoing, the Association and/or Developer shall have the authority and standing to pursue all legal and equitable remedies available to enforce the provisions of this Article VI and the decisions of the Committee and the Developer.
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