Common use of ARCHITECTURAL COMMITTEE Clause in Contracts

ARCHITECTURAL COMMITTEE. 7.1 An Architectural Committee will be formed to review and approve any structure to be built on any lot and shall also be responsible for interpreting the development and construction standards contained herein. The Owner/Developer and his appointed shall be the designated Architectural Committee. If the Owner/Xxxxxxxxx is unable to fulfill this duty, his designated heirs and assignees will serve as the Architectural Committee. The Owner/Developer or committee may appoint additional members. At a point agreeable to Owner/Developer, a duly elected Architectural Committee shall be formed consisting of members of the Xxxxxxx Lake Estates Homeowners Association. No building, fence, wall, free-standing mailbox or any other improvements or structure may be commenced, erected, constructed or placed on any lot in the Subdivision without the written approval of the Architectural Committee. The architectural plans to be submitted and approved in accordance herewith shall be submitted in duplicate and shall include, at a minimum, the following, as applicable, with regard to each improvement to be constructed on any lot in the Subdivision, which must be approved in writing prior to submittal to the City of Jenks for a Building Permit. i) An accurate site plan including structure designs ii) All square footage shall be stated on the building plans submitted to the Architectural Committee; iii) Any other plans or information requiring the approval of the City or the Jenks Planning Commission pursuant to Section II of this Deed of Dedication; iv) Details regarding the composition of all roofing and external building materials, including color schemes; v) Drainage and grading plans; and vi) Any other plans or details required by the Architectural Committee. In passing upon such plans, specifications, plot plans, drainage and grading plans, the Architectural Committee may take into consideration the suitability of the proposed building or other structures and of the material of which it is to be built to the site upon which it is proposed to erect the same, the harmony thereof with the surrounding buildings and lots and the effect of the building or other structures as planned on the view from the adjacent or neighboring lots. In the event of the death or resignation of any member of the above named committee, the remaining member or members shall have authority to fill any vacancy or vacancies created by the death or resignation of any of the aforesaid members, and said newly appointed member shall have the same authority hereunder as their predecessors, as above set forth. In the event the Architectural Committee fails to approve or disapprove any such plans, specifications, materials and plot plans submitted as herein required within twenty (20) days after such submission, such approval shall not be required and this covenant shall be deemed to have been fully complied with. The Architectural Committee’s purpose is to promote good design and compatibility within the subdivision and in its review of plans or determination of any waiver as hereinafter authorized, may take into consideration the nature and character of its proposed building or structure, the materials of which it is to be built, the availability of alternative materials, the site upon which it is proposed to be erected, and the harmony thereof with the surrounding area. The Architectural Committee shall not be liable for any approval, disapproval, or failure to approve hereunder,and its approval of building plans shall not constitute a warranty or responsibility for building methods, materials, procedures, structural design, grading, drainage, or code violations. The approval or disapproval or the failure to approve any building plans shall not be deemed a waiver of any restriction, unless the Architectural Committee is hereinafter authorized to grant the particular waiver. 7.2 Carports are not permitted.

ARCHITECTURAL COMMITTEE. 7.1 An Architectural Committee will be formed to review and approve any structure to be built on any lot and shall also be responsible for interpreting the development and construction standards contained herein. 4.1 The Owner/Developer and his appointed shall be the designated Architectural Committee. If the Owner/Xxxxxxxxx is unable to fulfill this duty, his designated heirs and assignees will serve as the Architectural Committee. The Owner/Developer or committee may appoint additional members. At a point agreeable to Owner/Developer, a duly elected Architectural Committee shall be formed consisting composed of: (a) Xxxxxxx X. Xxxxxxx, Xx. (b) X. Xxxxxxx Xxxxxx 4.2 In the event of a vacancy on the Architectural Committee or the failure or inability of any member to act, the vacancy shall be filled temporarily or permanently as may be necessary by the remaining member(s) of the Committee. The members of the Xxxxxxx Lake Estates Homeowners Association. No building, fence, wall, free-standing mailbox or any other improvements or structure Architectural Committee shall be appointed for a term of three years but may be commencedreappointed for additional terms with no limit on the number of additional terms to which they can be reappointed. In all matters, a majority vote shall govern. By mutual agreement of all parties, after residences have been erected on substantially all lots in Pelham Falls Section 1, the Architectural Committee may resign and turn over its rights, duties and responsibilities to a new Architectural Committee to be appointed from time to time by the Pelham Falls Homeowners’ Association. 4.3 No improvements shall be erected, constructed placed, altered or placed changed on any lot in this subdivision until and unless the Subdivision without building plans, specifications and plot showing the written approval proposed type of the Architectural Committee. The architectural plans to be submitted construction, exterior design and approved in accordance herewith shall be submitted in duplicate and shall include, at a minimum, the following, as applicable, with regard to each improvement to be constructed on any lot in the Subdivision, which must be location of such residence have been approved in writing prior to submittal to the City of Jenks for a Building Permit. i) An accurate site plan including structure designs ii) All square footage shall be stated on the building plans submitted to the Architectural Committee; iii) Any other plans or information requiring the approval of the City or the Jenks Planning Commission pursuant to Section II of this Deed of Dedication; iv) Details regarding the composition of all roofing and external building materials, including color schemes; v) Drainage and grading plans; and vi) Any other plans or details required by the Architectural Committee. In addition, a landscape development plan must likewise be submitted to and approved by the Architectural Committee showing the location of all proposed fences, boundary or patio walls, driveways and parking areas, xxxxxx, shrubbery and trees. 4.4 In order to prevent excessive duplication of buildings or improvements to be constructed in this subdivision, the Architectural Committee is vested with full authority to approve or disapprove plans for the construction of any building or improvement with its major features so similar to an existing building or improvements as to be considered a substantial duplication thereof in the discretion of the Committee. The architectural Committee shall further have the right to refuse to approve any such plans, specifications, plot plans or landscape plans which in its opinions and discretion are not suitable or desirable, In so passing upon such plans, specifications, plot plans, drainage and grading plans or landscaped plans, the Architectural Committee may shall take into consideration the suitability of the proposed building or other structures and of the material of which it is to be built to the site upon which it is proposed to erect the same, the harmony thereof with the surrounding buildings and lots and the effect of the building or other structures as planned on the view from the adjacent or neighboring lots. In the event of the death or resignation of any member of the above named committee, the remaining member or members shall have authority to fill any vacancy or vacancies created by the death or resignation of any of the aforesaid members, and said newly appointed member shall have the same authority hereunder as their predecessors, as above set forth. In the event the Architectural Committee fails to approve or disapprove any such plans, specifications, materials and plot plans submitted as herein required within twenty (20) days after such submission, such approval shall not be required and this covenant shall be deemed to have been fully complied with. The Architectural Committee’s purpose is to promote good design and compatibility within the subdivision and in its review of plans or determination of any waiver as hereinafter authorized, may take into consideration the nature and character of its proposed building or structureimprovement, the materials of which it is to be built, including roofing material and color, whether or not it is in harmony with the availability surroundings and what effect it will have on other residences already constructed and what effect it will have on the outlook from adjacent or neighboring property. 4.5 In the event that the Committee fails to approve or disapprove such plans within thirty (30) days after they have been submitted to it, or if no suit to enjoin the erection or alteration of alternative materialssuch building or improvement has been commenced before such erection or alteration is substantially complete, approval of the Architectural Committee will be conclusively presumed and this covenant will be deemed to have been fully complied with. The term “building or improvement” shall be deemed to include the erection, placement or alteration of any wall, fence, driveway, parking area and swimming pool. 4.6 Application for approval as required herein shall be made to the Committee at the office of Pelham Falls Joint Venture, P.O. Box 10025, Greenville, South Carolina 29603, or at such other place as they may have their office, and at the time of making such application, the site upon which it building plans, specifications, plot plans and landscape plans shall be submitted in duplicate. One copy of such plans and specifications will be retained by the Committee and the other copy will be returned to the applicant with approval or disapproval plainly noted thereon. 4.7 Upon approval by the committee, the construction may be commenced. Should the applicant request the same, the Committee will approve the construction by a written permit. 4.8 The Committee is proposed authorized by majority vote of its members to approve or ratify any minor violation of the requirements herein set forth under Section III, “Setbacks, Location and Size, Improvements and Lots,” if in the opinion of the Committee the same shall be erectednecessary to prevent undue hardship because of topography, the shape of any platted lot or the setback lines as shown on the record Plat, and if in the harmony thereof with opinion of the surrounding Committee such violation will cause no substantial injury to any other lot owner. In no event may the Committee approve or ratify a violation of the front setback line of more than 6 feet or of the main building side line restriction of more than 4 feet or a reduction of the restrictions as to building size imposed by Section III hereof by more than 25 percent of the permitted area. The Architectural Committee shall not be liable for any approval, disapproval, or failure to approve hereunder,and its approval of building plans shall not constitute a warranty or responsibility for building methods, materials, procedures, structural design, grading, drainage, or code violations. The approval or disapproval or ratification by the failure to approve any building plans Committee in accordance with this paragraph shall not be deemed a waiver of any restriction, unless the Architectural Committee is hereinafter authorized to grant the particular waiverbinding on all persons. 7.2 Carports are not permitted.

ARCHITECTURAL COMMITTEE. 7.1 An Architectural Committee will be formed to review and approve any structure to be built on any lot and shall also be responsible for interpreting the development and construction standards contained herein. 4.1 The Owner/Developer and his appointed shall be the designated Architectural Committee. If the Owner/Xxxxxxxxx is unable to fulfill this duty, his designated heirs and assignees will serve as the Architectural Committee. The Owner/Developer or committee may appoint additional members. At a point agreeable to Owner/Developer, a duly elected Architectural Committee shall be formed consisting composed of: (a) Xxxxxxx X. Xxxxxxx, Xx. (b) X. Xxxxxxx Xxxxxx 4.2 In the event of a vacancy on the Architectural Committee or the failure or inability of any member to act, the vacancy shall be filled temporarily or permanently as may be necessary by the remaining member(s) of the Committee. The members of the Xxxxxxx Lake Estates Homeowners Association. No building, fence, wall, free-standing mailbox or any other improvements or structure Architectural Committee shall be appointed for a term of three years but may be commencedreappointed for additional terms with no limit on the number of additional terms to which they can be reappointed. In all matters, a majority vote shall govern. By mutual agreement of all parties, after residences have been erected on substantially all lots in Xxxxxxx Xxxxx, the Architectural Committee may resign and turn over its rights, duties and responsibilities to a new Architectural Committee to be appointed from time to time by the Xxxxxxx Xxxxx Homeowners’ Association. 4.3 No improvements shall be erected, constructed placed, altered or placed changed on any lot in this subdivision until and unless the Subdivision without building plans, specifications and plot plan showing the written approval proposed size, type of the Architectural Committee. The architectural plans to be submitted construction, exterior design and approved in accordance herewith shall be submitted in duplicate and shall include, at a minimum, the following, as applicable, with regard to each improvement to be constructed on any lot in the Subdivision, which must be location of such residence have been approved in writing prior to submittal to the City of Jenks for a Building Permit. i) An accurate site plan including structure designs ii) All square footage shall be stated on the building plans submitted to the Architectural Committee; iii) Any other plans or information requiring the approval of the City or the Jenks Planning Commission pursuant to Section II of this Deed of Dedication; iv) Details regarding the composition of all roofing and external building materials, including color schemes; v) Drainage and grading plans; and vi) Any other plans or details required by the Architectural Committee. In addition, a landscape development plan must likewise be submitted to and approved by the Architectural Committee showing the location of all proposed fences, boundary or patio walls, driveways and parking areas, xxxxxx, shrubbery and trees. 4.4 The Architectural Committee is vested with full authority to approve or disapprove plans for the construction of any building or improvement with its major features so similar to an existing building or improvements as to be considered a substantial duplication thereof in the sole discretion of the Committee. The Architectural Committee shall further have the right to refuse to approve any such plans, specifications, plot plans or landscape plans which in its opinion and discretion are not suitable or desirable. In so passing upon such plans, specifications, plot plans, drainage and grading plans or landscape plans, the Architectural Committee may shall take into consideration the suitability of the proposed building or other structures and of the material of which it is to be built to the site upon which it is proposed to erect the same, the harmony thereof with the surrounding buildings and lots and the effect of the building or other structures as planned on the view from the adjacent or neighboring lots. In the event of the death or resignation of any member of the above named committee, the remaining member or members shall have authority to fill any vacancy or vacancies created by the death or resignation of any of the aforesaid members, and said newly appointed member shall have the same authority hereunder as their predecessors, as above set forth. In the event the Architectural Committee fails to approve or disapprove any such plans, specifications, materials and plot plans submitted as herein required within twenty (20) days after such submission, such approval shall not be required and this covenant shall be deemed to have been fully complied with. The Architectural Committee’s purpose is to promote good design and compatibility within the subdivision and in its review of plans or determination of any waiver as hereinafter authorized, may take into consideration the nature and character of its proposed building or structureimprovement, the materials of which it is to be built, including roofing material and color, whether or not it is in harmony with the availability surroundings and what effect is will have on other residences already constructed and what effect it will have on the outlook from adjacent or neighboring property. 4.5 In the event that the Committee fails to approve or disapprove such plans within thirty (30) days after they have been submitted to it, or if no suit to enjoin the erection or alteration of alternative materialssuch building or improvement has been commenced before such erection or alteration is substantially completed, approval of the Architectural Committee will be conclusively presumed and this covenant will be deemed to have been fully complied with. The term “building or improvement” shall be deemed to include the erection, placement or alteration of any building, wall, fence, driveway, parking area or swimming pool. 4.6 Application for approval as required herein shall be made to the Committee at the office of Xxxxxxx Xxxxx Partnership, P. O. Box 10025, Greenville, South Carolina 29603, or at such other place as they may have their office, and at the time of making such application, the site upon which it building plans, specifications, plot plans and landscape plans shall be submitted in duplicate. One copy of such plans and specifications will be retained by the Committee and the other copy will be returned to the applicant with approval or disapproval plainly noted thereon. 4.7 Upon approval by the Committee, the construction may be commenced. Should the applicant request the same, the Committee will approve the construction by a written permit. 4.8 The Committee is proposed authorized by majority vote of its members to approve or ratify any minor violation of the requirements herein set forth under Section III, “Setbacks, Location and Size, Improvements and Lots”, if in the opinion of the Committee the same shall be erectednecessary to prevent undue hardship because of topography, the shape of any platted lot or the setback lines as shown on the recorded plat, and if in the harmony thereof with opinion of the surrounding Committee such violation will cause no substantial injury to any other lot owner. In no event may the Committee approve or ratify a violation of the front setback line of more than 6 feet or of the main building side line restriction of more than 4 feet or a reduction of the restrictions as to building size imposed by Section III hereof by more than 25 percent of the permitted area. The Architectural Committee shall not be liable for any approval, disapproval, or failure to approve hereunder,and its approval of building plans shall not constitute a warranty or responsibility for building methods, materials, procedures, structural design, grading, drainage, or code violations. The approval or disapproval or ratification by the failure to approve any building plans Committee in accordance with this paragraph shall not be deemed a waiver of any restriction, unless the Architectural Committee is hereinafter authorized to grant the particular waiverbinding on all persons. 7.2 Carports are not permitted.

ARCHITECTURAL COMMITTEE. 7.1 An Architectural Committee will be formed The Grantor shall appoint one or more persons to review and approve any structure to be built serve on any lot and shall also be responsible for interpreting the development and construction standards contained herein. The Owner/Developer and his appointed shall be the designated Architectural Committee. If the Owner/Xxxxxxxxx is unable to fulfill this duty, his designated heirs and assignees will serve as the Architectural Committee. The Owner/Developer or committee may appoint additional members. At a point agreeable to Owner/Developer, a duly elected Architectural which Committee shall be formed consisting serve to enforce these Covenants Conditions and Restrictions. So long as Grantor is the owner of at least ten percent (10%) of the platted lots. Grantor shall have the exclusive right to appoint and remove members of the Xxxxxxx Lake Estates Architectural Committee—at all other times, the Homeowners Association. No building, fence, wall, free-standing mailbox or any other improvements or structure may be commenced, erected, constructed or placed on any lot in Association shall have the Subdivision without the written approval right to appoint and remove members of the Architectural Committee. The architectural Architectural Committee shall consider and act upon any and all proposals of plans and specifications submitted for its approval, pursuant to this Declaration, and perform such other duties as from time to time may be submitted and approved in accordance herewith shall be submitted in duplicate and shall include, at a minimum, the following, as applicable, with regard to each improvement to be constructed on any lot in the Subdivision, which must be approved in writing prior to submittal assigned to the City of Jenks for a Building Permit. i) An accurate site plan including structure designs ii) All square footage shall be stated on the building plans submitted to the Architectural Committee; iii) Any other plans or information requiring the approval of the City or the Jenks Planning Commission pursuant to Section II of this Deed of Dedication; iv) Details regarding the composition of all roofing and external building materials, including color schemes; v) Drainage and grading plans; and vi) Any other the inspection of construction in progress to ensure conformance with plans or details required approved by the Architectural Committee. In passing upon such plansThe Architectural Committee may establish additional rules and/or guidelines setting forth procedures, specifications, plot plans, drainage and grading plans, the Architectural Committee may take into consideration the suitability of the proposed building or establish specific rules and regulations regarding design and style elements, landscaping and fences, and other structures and of the material of which it is to be built applicable to the site upon which it is proposed building lots and in conformance with these Covenants. The Architectural Committee and its members, or duly authorized representatives, shall not be liable to erect the sameHomeowners Association or to any Owner for any loss, damage, or injury arising out of, or in any way connected with, the harmony thereof with the surrounding buildings and lots and the effect of the building or other structures as planned on the view from the adjacent or neighboring lots. In the event of the death or resignation of any member of the above named committee, the remaining member or members shall have authority to fill any vacancy or vacancies created by the death or resignation performance of any of the aforesaid membersArchitectural Committee’s duties hereunder, and said newly appointed member shall have unless due to the same authority hereunder as their predecessors, as above set forth. In the event willful misconduct or bad faith of the Architectural Committee. Variances: The Architectural Committee fails may authorize variances from compliance with the requirements contained in this Declaration when, at the sole discretion of the Architectural Committee, circumstances may so require, including but not limited to: topography, natural obstruction, aesthetics, environmental consideration, absence of nuisance, or hardship. Any and all variances shall be authorized solely on a stand-alone and case-by-case basis (e.g., the approval of a variance authorizing a pre- fabricated building on a lot in one instance should not be assumed to approve be acceptable or disapprove approved for another lot or situation). As with any such plansgovernment law, specificationscode, materials or order, in any case where the State of Idaho and/or Teton County may mandate the construction or imposition of any structure or requirement, the approval of a variance from these Covenants Conditions and plot plans submitted as herein required within twenty (20) days after such submission, such approval Restrictions shall not be required and this covenant shall be deemed to have been fully complied with. The Architectural Committee’s purpose is to promote good design and compatibility within the subdivision and in its review of plans or determination of any waiver as hereinafter authorized, may take into consideration the nature and character of its proposed building or structure, the materials of which it is to be built, the availability of alternative materials, the site upon which it is proposed to be erected, and the harmony thereof with the surrounding area. The Architectural Committee shall not be liable for any approval, disapproval, or failure to approve hereunder,and its approval of building plans shall not constitute a warranty or responsibility for building methods, materials, procedures, structural design, grading, drainage, or code violations. The approval or disapproval or the failure to approve any building plans shall not be deemed a waiver of any restriction, unless the Architectural Committee is hereinafter authorized to grant the particular waivernecessary. 7.2 Carports are not permitted.