4.1 Construction and Exterior Alteration or Repair.
4.1.1 All buildings and structures
(including, without limitation, concrete or masonry walls, rockeries, fences, swimming pools, if any, or other structures) to be constructed within the Property, and all exterior alterations and repairs (including, but not limited to, reroofing or repainting) of any buildings or structures on the Property and visible from any public street or other Lot must be approved by the Board of Directors of the Association, or by an Architectural Control Committee (ACC) composed of three (3) or more representatives appointed by the Board; provided, until all Class B membership terminates, Declarant at its option may exercise all of the rights and powers of the Board under Section 4.1 including without limitation the appointment of members of the ACC. References in this Article 4 to the ACC shall be deemed to include the ACC, the Board, or the Declarant, as circumstances may dictate. Complete plans and specifications of all such proposed buildings, structures, and exterior alterations and repairs, together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the ACC, shall be submitted to the ACC before construction, alteration or repair is started. Construction, alteration aor repair shall not be started until written approval thereof is given by the ACC. Any exterior modifications in accordance with plans and specifications developed by the Declarant and filed with the Board of Directors at the time of transfer (pursuant to Article 3.2) will be deemed approved exterior modifications.
4.1.2 The ACC will review submittals
as to the quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on neighborhood residential Lots or building sites, and as to location of the building with respect to topography, finish grade elevation and building setback restrictions.
4.1.3 In the event the ACC fails to approve or disapprove
such design and location within thirty (30) days after said plans and specifications have been submitted to it, such approval will not be required.
4.1.4 All plans and specifications for approval by the ACC
must be submitted in duplicate, at least thirty (30) days prior to the proposed construction or exterior alteration or repair starting date. The maximum height of any building shall be established by the ACC as part of the plan approval and shall be given in writing together with the approval.
4.1.5 The ACC may require
that said plans or specifications shall be prepared by an architect or a competent house-designer, approved by he ACC. One complete set of said plans and specifications shall in each case be delivered to and permanently left with the ACC. All buildings or structures shall be erected or constructed, and all exterior alterations or repairs made, by a contractor, house builder or other person or entity approved by the ACC. The ACC shall have the right to refuse to approve any design, plan or color for such improvements, construction, or exterior alteration or repair visible from a public street or other Lot which is not suitable or desirable, in the ACC’s reasonable opinion, aesthetic or otherwise.
4.1.6 In so passing upon such design, the ACC shall have the right to
take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built, and the exterior color scheme, to the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, and the effect or impairment that said structures will have on the view or outlook of surrounding building sites, and any and all factors, which, in the ACC’s opinion, shall affect the desirability or suitability of such proposed structure, improvements, or exterior alteration or repair.
4.1.7 The ACC shall have the right to disapprove the design
or installation of a swimming pool or any other recreational structure or equipment desirable, in the ACC’s reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposes installation, the ACC shall have the right to take into consideration the visual impact of the structure and the noise impact of the related activities upon all of the properties located in close proximity. Any enclosure or cover used in connection with such a recreational structure or equipment, whether temporary, collapsible, seasonal, or whatever, shall be treated as a permanent structure for the purposes of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth herein, for all buildings and structures.
4.1.8 The ACC shall have the right to require, at a Lot Owner’s expense,
the trimming or topping (or, if deemed necessary by the ACC, removal) of any tree, hedge or shrub on a Lot which the ACC determines is unreasonably blocking or interfering with the view or access to sunlight of another Lot.
4.1.9 The ACC shall have the right to specify precisely
the size, color and style of mailboxes, and of the post or support on which such mailboxes are affixed, and their location within the Project.
(including any successor in interest to Declarant’s status as Declarant) shall not be subject to the restrictions of this Section 4.1 as to any Lot owned by the Declarant, whether or not any Class b membership exists and whether or not management of the Association has been relinquished by Declarant pursuant to Section 3.2 hereof.
4.2 Sales Facilities of Declarant.
notwithstanding any provision in this Declaration to the contrary, Declarant (its agents, employees and contractors) shall be permitted to maintain during the period of sale of Lots and/or Homes upon such portion of the Property (other than Lots sold by Declarant) as Declarant may choose, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or incidental to the construction, sale or rental of Lots and Homes, including but on limited to, a business office, storage area, signs, model units, sales office, construction office, and parking areas for all prospective tenants or purchasers of Declarant.