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86 <br /> ARTICLE VI <br /> SETBACK AND CONSTRUCTION REQUIREMENTS <br /> Section 6.01 Guidelines. No Building (including any residential building) or Improvement <br /> shall be constructed, erected, placed, altered or permitted to remain on any Lot or Common Elements <br /> unless the plans and specifications for such Building and/or Improvement and the location of such Building <br /> and/or Improvement shall have been approved, in writing, by Declarant during the Period of Declarant <br /> Control or, thereafter, by the Architectural Control Committee. Each Building and Improvement <br /> constructed, erected, placed, altered, existing or otherwise permitted to remain on any Lot or Common <br /> Elements shall comply with the provisions of this Declaration, the Subdivision Plat, the Guidelines and all <br /> applicable local, state and federal ordinances, regulations, codes, statutes and laws. The Guidelines are <br /> hereby incorporated into and made a part of this Declaration by this reference; provided, however, that in <br /> the event any provision contained in the Guidelines shall conflict or be inconsistent with any provision <br /> contained in this Declaration, the provision contained in this Declaration shall be paramount and <br /> controlling and the Guidelines shall be construed and enforced consistent therewith. <br /> Each Owner shall submit two(2) sets of plans and specifications to Declarant during the Period of <br /> Declarant Control or, thereafter, to the Architectural Control Committee, for review and approval before <br /> initiating the construction of any Building or Improvement on such Owner's Lot. Not later than thirty(30) <br /> days after its receipt of such plans and specifications,Declarant or the Architectural Control Committee,as <br /> applicable, shall notify such Owner, in writing,whether Declarant or the Architectural Control Committee <br /> has approved such plans and specifications, disapproved of such plans and specifications or approved such <br /> plans and specifications with conditions. In the event Declarant or the Architectural Control Committee,as <br /> applicable, does not respond, in writing, within such thirty (30) day period, the plans and specifications <br /> shall be deemed to have been approved. Approval by Declarant or the Architectural Control Committee <br /> shall not constitute approval by any local,state or federal governmental authority or agency. <br /> Section 6.02 Building Setbacks. No Building or Improvement shall be constructed, altered, <br /> placed or permitted to remain on any Lot outside the designated building setback lines shown on the <br /> Subdivision Plat unless approved, in writing, by Declarant during the Period of Declarant Control or, <br /> thereafter,by the Architectural Control Committee. No Building or Improvement shall be located closer to <br /> any front, side or rear boundary line of any Lot than the minimum setback distance required by the <br /> applicable zoning or land use ordinance. If two (2) or more adjoining or contiguous Lots are recombined <br /> into a single Lot, or if any recombined Lot is subsequently subdivided into two (2) or more Lots, the <br /> location of any and all Buildings and Improvements on any such Lot shall be subject to the prior written <br /> approval of Declarant during the Period of Declarant Control or, thereafter, the Architectural Control <br /> Committee. <br /> Section 6.03 Vegetative Conditions. No construction, alteration, earth disturbance or <br /> improvement upon, to or on any Lot or Common Elements or any change in its arboreal or vegetative <br /> condition shall be made or begun without the prior written approval of Declarant during the Period of <br /> Declarant Control or,thereafter,the Architectural Control Committee. <br /> Section 6.04 Height Restrictions. No Building (including any residential building) shall <br /> exceed three (3) stories in height above the natural grade line of the Lot or Common Elements upon which <br /> it is constructed,or any lesser height that may be mandated by applicable ordinances and/or regulations. <br /> Section 6.05 Minimum Square Footage. The heated ground floor area of the main structure <br /> (exclusive of basements, porches, garages and storage areas) of the residential building (exclusive of any <br /> guest house) located on any Lot shall be not less than one the one thousand four hundred (1,400) square <br /> feet. <br /> Section 6.06 Driveways. Each Lot shall have a single width driveway with a parking pad <br /> area of sufficient width and/or depth to allow not less than two(2)automobiles to be simultaneously parked <br /> on such pad. Each driveway shall connect to the Street adjoining the Lot on which such driveway is <br /> 11 <br />