ARTICLE IX

Architectural and Landscape Control

ACC Homeowner Improvement Request Application [pdf]  [MS Word]

Read the Architectural Control Committee: Procedures, Standards and Guidelines [pdf format]

Section 9.1.  Approval of Plans Required
Except as provided in Section 9.2 below, none of the following actions may be taken until plans and specifications for the same have been approved in writing by the ACC:
  (a)    The construction of driveways.
  (b)    The construction or erection of any building, sign, (including outbuildings), fence, wall or other structure, including the installation, erection, or construction of any solar collection device.
  (c)    The remodeling, reconstruction, or alteration (including the painting) of any building or other structure or driveway.
  (d)    The planting of any tree which may grow to a height in excess of 25 feet.

Section 9.2.    Approval Not Required
Notwithstanding any provision of this Declaration, the approval of the ACC shall not be required for action taken by Developer to develop the Property as a residential subdivision.

Section 9.3.    Procedure for Approval
Any person wishing to take any of the actions described above shall submit to the ACC two (2) sets of plans and specifications showing:
  (a)    The size and dimension of the improvements;
  (b)    The exterior design, to include the roof;
  (c)    The exterior color chart;
  (d)    The exact location of the improvement on the Lot;
  (e)    The location of driveways and parking areas;
  (f)    The scheme of drainage and grading;
  (g)    The proposed landscaping (which shall include the area between the curb and the sidewalk on the road frontage side of the Lot); and,
  (h)    Proposed outdoor lighting.
Approval of such plans and specifications shall be evidenced by written notation on such plans and specifications, one (1) copy of which shall be delivered to the Owner of the Lot upon which the proposed action is to be taken. The ACC shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications. The ACC shall make its decision with twenty (20) business days from the date the completed plans and specifications are submitted. Failure to approve or deny plans and specifications within that period shall be deemed approval.

Section 9.4.    Criteria for Approval
Approval of plans and specifications may be withheld or conditioned if the proposed action is at variance with these covenants, other covenants covering the Property, or design guidelines adopted by the ACC. Approval may also be withheld or conditioned if, in the opinion of the ACC, the proposed action will be detrimental to the community because of unreasonable view impact on neighboring properties, or because of the grading and drainage plan, location of the improvement on the Lot, color scheme, finish design, proportions, size of home, shape, height, style, materials, outdoor lighting proposed, or landscaping plan.

Section 9.5.    Conformity With Approved Plans
It shall be the responsibility of the ACC to determine that actions have been completed in accordance with the plans as submitted and approved. Such determination must be made within sixty (60) days of the completion of the action. If the ACC shall determine that the action does not comply with the plans and specifications as approved, it shall notify the Owner within that sixty (60) day period, and the Owner, within such time as the ACC shall specify, but not less than thirty (30) days, shall either remove or alter the improvement or take such other steps as the ACC shall designate.

Section 9.6.    Exterior Finish
The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping. Exterior colors shall be of the flat, non-gloss type, and shall be limited to subdued tones. Exterior trim fences, doors, railings, decks, eaves, gutters, and the exterior finish of all garages, and other accessory buildings shall be designed, built, and maintained to be compatible with the exterior of the structure they adjoin. The exterior of the house and garage will be ACC approved materials.