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34 <br /> The Declarant, Association, Board of Directors and the Architectural Committee shall not be <br /> responsible for any structural or other defects in plans and specifications submitted to it or any <br /> structure erected according to such plans and specifications. <br /> Section 2. LANDSCAPING PLANS. All landscaping plans must first be approved by <br /> the Declarant, the Board of Directors, or the Architectural Committee. The removal of <br /> any tree in excess of eight (8") inches in diameter on any Lot in the subdivision shall require the <br /> prior approval of the Declarant, the Board of Directors, or the Architectural Committee. No <br /> landscaping shall be commenced or maintained upon any Lot in the subdivision until the plans <br /> and specifications showing the nature, kind, and location of the same shall have been submitted <br /> to and approved in writing as to harmony of design and location in relation to surrounding <br /> structures and topography by the Declarant, or its designee, or, after the sale of all Lots by the <br /> Declarant, by the Board of Directors of the Association, or by the Architectural Committee. In <br /> the event the Declarant, or its designee, or, if applicable, the Board, or the Architectural <br /> Committee, fails to approve or disapprove such landscape plan within thirty (30) days after said <br /> plan has been submitted to it, approval will not be required and this Article will be deemed to <br /> have been fully complied with, provided that such plan is in general conformity with the <br /> overall plan, design, and appearance of the subdivision in general. Refusal or approval of any <br /> such plan may be based upon any ground, including purely aesthetic and environmental <br /> considerations, that in the sole and uncontrolled discretion of the Declarant,the Board of Directors, <br /> or Architectural Committee shall be deemed sufficient. One copy of all plans and related data <br /> shall 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 /> B. No dwelling erected on a detached single-family residential Lot (including garage) <br /> shall be constructed nearer than fifty (50') feet to the front Lot line, twenty-five (25') feet to any <br /> side Lot line, and fifty (50') feet to the rear Lot line. This restriction shall prevail over any <br /> lesser governmental setback standard. Variances of these setback requirements may be granted <br /> by Declarant or the Board of Directors of the Association, but in no case will the setback be less <br /> than that required by the governmental agency having jurisdiction over the Property. Roof <br /> overhangs, decks, stoops, steps and patios shall not intrude into any setback area. <br /> C. No structure shall be erected, altered, placed or permitted to remain on any Lot, <br /> except one single family dwelling not to exceed two and one-half stories of heated living space <br />