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<br /> Declarant, or its designee, or, after the sale of all lots by the Declarant, by the Board of Directors
<br /> of the Association, or by the Architectural Committee composed of three (3) or more
<br /> representatives appointed by the Board. In the event the Declarant, or its designee or, if
<br /> applicable, the Board, or its designated committee, fails to approve or disapprove such design
<br /> and location within thirty (30) days after said plans and specifications have been submitted to it,
<br /> approval will not be required and this Article will be deemed to have been fully complied with,
<br /> provided that such addition, change, or alteration is in general conformity with the overall plan,
<br /> design, and appearance of the subdivision in general. Refusal or approval of any such plans,
<br /> location or specification may be based upon any ground, including purely aesthetic and
<br /> environmental considerations, that in the sole and uncontrolled discretion of the Declarant or the
<br /> Architectural Committee shall be deemed sufficient. One copy of all plans and related data shall
<br /> be furnished to the Declarant or the Architectural Committee as the case me be, for its records.
<br /> Neither the Declarant nor the Architectural Committee shall be responsible for any structural or
<br /> other defects in plans and specifications submitted to it or any structure erected according to such
<br /> plans and specifications.
<br /> Section 2. LANDSCAPING PLANS. All landscaping plans must first be approved by
<br /> the Declarant, or the Architectural Committee. The removal of any tree in excess of eight (8")
<br /> inches in diameter on any lot in the subdivision shall require the prior approval of the Declarant
<br /> or the Architectural Committee. No landscaping shall be commenced or maintained upon any lot
<br /> in the subdivision until the plans and specifications showing the nature, kind, and location of the
<br /> same shall have been submitted to and approved in writing as to harmony of design and location
<br /> in relation to surrounding structures and topography by the Declarant, or its designee, or, after
<br /> the sale of all lots by the Declarant, by the Board of Directors of the Association, or by a the
<br /> Architectural Committee. In the event the Declarant, or its designee, or, if applicable, the Board,
<br /> or the Architectural Committee, fails to approve or disapprove such landscape plan within thirty
<br /> (30) days after said plan has been submitted to it, approval will not be required and this Article
<br /> will be deemed to have been fully complied with, provided that such plan is in general
<br /> conformity with the overall plan, design, and appearance of the subdivision in general. Refusal
<br /> or approval of any such plan may be based upon any ground, including purely aesthetic and
<br /> environmental considerations, that in the sole and uncontrolled discretion of the Declarant or
<br /> Architectural Committee shall be deemed sufficient. One copy of all plans and related data shall
<br /> be furnished to the Declarant or Architectural Committee, as the case may be, for its records.
<br /> Section 3. DEVELOPER'S RIGHTS. All duties and responsibilities conferred upon the
<br /> Board or the Architectural Committee by this Declaration or the Bylaws of the Association shall
<br /> be exercised and performed by the Declarant or its designee, so long as Declarant shall own any
<br /> lot in the Properties.
<br /> Section 4. APPROVAL OF PLANS:
<br /> A. All dwelling units shall have a minimum of 2,500 square feet of finished and heated
<br /> enclosed dwelling area. The term "enclosed dwelling area" as used in the minimum
<br /> requirements shall be the total enclosed area within a dwelling; provided, however, that such
<br /> term does not include garages, terraces, decks, open porches, and like areas.
<br /> 737112.ARC.25437.T26258 11
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