Article V – Architectural Control
Section 1 – General Provisions. No building, fence, wall or other structure, landscaping or exterior lighting plan or any other type of improvement, other than those erected by the Declarant , shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, color, 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 the Residential Architectural Control Committee.
Section 2 – Residential Architectural Control Committee (“RACC”)
(a) Composition of the RACC. The architectural review and control functions of the Association shall be administered and performed by the RACC, which shall consist of at least three (3) members who need not be members of the Association. The Declarant shall have the right to appoint all of the members of the RACC, or such lesser number as it may choose, as long as it owns any Property or Additional Property. Members of the RACC as to whom Declarant may relinquish the right to appoint, and all members of the RACC subsequent to the Declarant terminating such right to appoint members, shall be appointed by, and shall serve at the pleasure of, the Board of Directors of the Association. At any time that the Board of Directors has the right to appoint one or more members of the RACC, the Board shall appoint at least one (1) qualified professional. A majority of the RACC shall constitute a quorum to transact business at any meeting of the RACC, and the action of a majority present at a meeting at which a quorum is present shall constitute the action of the RACC. Any vacancy occurring on the RACC because of death, resignation, or other termination of service of any member thereof shall be filled by the Board of Directors; except that Declarant, to the exclusion of the Board, shall fill any vacancy created by the death, resignation, removal or other termination of services of any member of the RACC appointed by Declarant.
(b) Powers and Duties of the RACC. The RACC shall have the following powers and duties:
(i) To draft Architectural Planning Criteria and to recommend from time to time, to the Board modifications and/or amendments to the Architectural Planning Criteria. Any modification or amendment to the Architectural Planning Criteria shall be consistent with the provisions of this Declaration, and shall not be effective until adopted by a majority of the members of the Board of Directors of the Association and are approved in writing by the Declarant if the Declarant still has the right to appoint the members of the RACC. Notice of any modification or amendment to the Architectural Planning Criteria, including a verbatim copy of such change or modification, shall be delivered to each member of the Association however, a receipt of a copy of a modification or amendment to the Architectural Planning Criteria shall not constitute a condition precedent to the effectiveness or validity of such change or modification.
(ii) To require submission to the RACC of one (1) complete set of all plans and specifications for any improvement or structure of any kind, including, without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alterations, screen enclosure, sewer, drain, disposal system, decorative or storage building, landscaping, landscape device or object, exterior lighting scheme or other improvement (jointly referred to herein as “Proposed Improvement” ), the construction. or placement of which is proposed upon any Unit, Lot or Property, together with a copy of any building permits which may be required. The RACC may also require submission of samples of building materials and colors proposed to be used for any Proposed Improvement on any Unit, Lot or the Property, and may require such additional information as reasonably may be necessary for the RACC to completely evaluate the Proposed Improvement in accordance with the Declaration and the Architectural Planning Criteria.
(iii) To approve or disapprove any Proposed Improvement or change or modification thereto, the construction, erection, performance or placement of which is proposed upon any Unit, Lot or the Property and to approve or disapprove any Proposed Improvement including the color thereof, therein or thereon. The evaluation undertaken by the RACC relates to matters of judgment and taste which cannot be reduced to a simple list of measurable criteria. It is possible therefore that a submission to the RACC might meet individual criteria delineated in this Declaration and still not receive approval, if in the sole judgment of the RACC, it’s overall aesthetic impact is unacceptable. The approval of an application for one improvement shall not be construed as creating any obligation on the part of the RACC to approve applications involving similar designs for improvements pertaining to different Lots.
(iv) Any party aggrieved by a decision of the RACC shall have the right to make a written request to the Board within thirty (30) days of such decision, for a review thereof. The determination of the Board upon reviewing any such decision shall in all events be dispositive.
(v) If any Proposed Improvement or existing improvement shall be changed, modified or altered without prior approval of the RACC of such change, modification or alteration, and the plans and specifications therefor, then the Owner shall, upon demand, cause the improvement to be restored to comply with the original plans and specifications, or the plans and specifications originally approved by the RACC, and shall bear all costs and expenses of such restoration, including costs and reasonable attorneys’ fees of the RACC and the Association in connection therewith.
(vi) In addition, any Owner making or causing to be made any Proposed Improvement to the Property, a Lot, or a Unit agrees and shall be deemed to have agreed, for such Owner and his heirs, personal representatives, successors and assigns to hold the RACC, Declarant, Association and all other Owners harmless from any liability or damage to the Property or to persons resulting therefrom and expenses arising from any alteration, modification or change and such Owner shall be solely responsible for the maintenance, repair and insurance of any Proposed Improvement upon installation thereof and for its compliance with any governmental codes, rules or regulations.
(vii) In the event of a disagreement between this RACC and the RACC or equivalent entity of any Subdivision Association, the decision of this RACC shall prevail.
Section 3 – Architectural Planning Criteria. The following Architectural Planning Criteria shall apply to any improvements to the Property. The following list is not comprehensive and may be modified as deemed necessary and reasonable by the RACC.
(a) Antennae. No aerial, antenna, satellite dish or similar device shall be placed or erected upon any Unit or Lot or affixed in any manner to the exterior of any building on such Lot.
(b) Trees. No tree or shrub, the trunk of which exceeds six (6) inches in diameter as measured three feet from the ground, shall be cut down, destroyed or removed from a Lot or the Property without the prior express written consent of the RACC. Violation of this provision will result in an automatic fine equal to the cost of replacing the tree with a tree of substantially similar size.
(c) Artificial Vegetation. No artificial grass, plants or other artificial vegetation or sculptural landscape decor shall be placed or maintained upon the exterior portion of any Unit or on the Lot unless approved by the RACC.
(d) Landscaping. An initial basic landscaping plan for each Lot, including a written estimate of the costs of effectuating such plan, must be submitted to and approved by the RACC at the time of construction of a Unit on such Lot. The RACC may specify minimum initial expenditures for landscaping of Lots, which may vary on the basic of Lot use and location. The RACC may also require or prohibit specific plants, and may vary such requirements or prohibitions on the basis of Lot use or location.
(e) Signs. No signs, except for one “For Sale” or “For Rent” sign, no greater than 3 square feet, may be placed on any Lot or on any Unit.
(f) Games and Play Structures. All play structures, including basketball backboards, shall be located at the rear of the Lot or Unit, or on the inside portion of corner Lots within the setback lines. No platform doghouse, tennis court, playhouse or structure of a similar kind or nature shall be constructed on any part of a Lot located in front of the rear line of the Unit constructed on the Lot , nor shall any such structure exceed six feet in height and such structure must have prior approval of the RACC. It is specifically acknowledged that in reviewing such plans for any raised structure, the RACC shall assure that any use of such raised structure does not result in violation of the privacy of adjacent Owners. No basketball backboards may be installed adjacent to the street or on any cul-de-sac.
(g) Fences and Walls. The composition, location, color and height of any fence or wall to be constructed on any Lot is subject to the approval of the RACC. The RACC will require that the composition of any fence or wall be consistent with the material used in the surrounding buildings and other fences, if any. In no event and for no purpose shall chain link fencing be installed on any Lot. Certain Lots adjacent to the roadways will be subject Buffer Easement as described in Article II, Section 3; no owner whose Lot is subject to such Buffer Easement shall install a fence which encroaches on the Buffer Easement. Without limiting any other provision or requirement hereof, the type and location of fences which are or may obstruct the sight lines at intersections may be specifically restricted.
(h) Garbage and Trash Containers. No Lot shall be used or maintained as a dumping ground for rubbish, trash or other waste. All trash, garbage and other waste shall be kept in sanitary containers and completely screened from view, except during pickup, if required to be placed at the curb. The Association or Subdivision Association will be entitled to specify the type of trash container to be used by each Owner, and to contract for trash removal for all of the Property or for specific areas within the Property.
(i) Temporary Structures. Unless first approved in writing by the RACC, no structure of a temporary character, trailer, basement, tent, shack, garage barn, or other out building shall be used on any Lot at any time as a residence, either temporarily or permanently, except that the Lot or Unit may be used by Declarant or its designee as a sales office, construction office or model during any development of the Property or Additional Property by Declarant or its designee.
(j) Mailboxes. No mailbox, paperbox or other receptacle of any kind for use in the delivery of mail, newspapers, magazines or similar material shall be erected on any Lot or Unit without the approval of the RACC as to style and location. If and when the United States Postal Service or the news papers involved shall indicate a willingness to make delivery to wall receptacles attached to Units, each Owner, on the request of the RACC, shall replace the boxes or receptacles previously employed for such purpose or purposes with wall receptacles attached to Units.
(k) Energy Conservation. Solar energy and other energy conservation devices are not prohibited or discouraged, but the design and appearances of such devices will be closely scrutinized and controlled to assure consistency with neighborhood aesthetics.
(l) Utility Connections. Permanent building connections for all utilities, including, but not limited to, water, electricity, telephone and cable television, shall be underground from the proper connecting points to the building structure in such a manner to be acceptable to the governing utility authority. All exterior lighting plans for Lots or Subdivisions including any modifications or changes to existing plans shall be approved by the RACC.
(m) Air Conditioning Equipment. Central air conditioning units only shall be permitted within the Property, and window or wall air conditioning units shall be prohibited.
(n) Window Coverings. No reflective window coverings or treatments shall be permitted on any Unit or other building in the Property. The RACC, at its discretion, may control or prohibit window coverings and treatments in Units which are not reasonably compatible with aesthetic standards in the area of the Property where located.
(o) Garages. All garage doors shall be kept closed except when vehicles are entering or exiting. No garage may be enclosed for use as a part of a Unit unless a replacement garage is constructed on such Lot, which garage shall be in all ways in compliance with the architectural guidelines.
(p) Well Limitation. Water Supply. Any wells to be installed and constructed on any portion of the Property shall be approved by the RACC and shall be in strict compliance with any regulations of the applicable utility company.
(q) Exterior Clothes Drying. No clothes lines or similar devices shall be erected or installed on the exterior of any Unit for the purposes of drying clothes or other items.