Embedded Files
- Architectural Control Committee “Architectural Control Committee” or “ACC” shall mean and refer to the duly appointed or elected Committee of the Board of Directors
- Jurisdiction and Purpose The ACC or the Declarant or his or her designee shall review proposed plans and specifications for residences, accessory structures (e.g. garages, barns, garden sheds, toll sheds, doll houses, tree houses, gazebos and playground equipment), fences, walls, appurtenant recreational facilities (e.g. hot tubs, spas, basketball courts, basketball hoops, tennis courts, swimming pools, bath houses, animal pens or enclosures), or other exterior structures to be placed upon the Property. No structure may be built or exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, height, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the ACC. The ACC also shall review proposals to change the exterior color of homes. The ACC shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the (1) surrounding structures, (2) surrounding natural and built environment, and (3) aesthetic character of other homes on the property and, (4) any other factors which affect the desirability or suitability of a proposed structure or alteration.
- Submission of Plans All plans and specifications required to be submitted to the ACC shall be submitted by mail to the address of the ACC in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identify the Lot involved, and the following information about the proposed structure.
- The location of the structure upon the Lot,
- The elevation of the structure with reference to the existing and finished Lot grade,
- The general design,
- The exterior finish materials and colors, including roof materials,
- The landscape plan, and
- Other information which may be required in order to determine whether the structure conforms to the standards articulated in this Declaration and the standards employed by the ACC in evaluating development proposals.
- Online Submission of Projects: This option will be available after the Governing Documents are revised. You must have a Consent to electronic Notification on file with the Association to use this feature.
- Plan Check Fee All individuals submitting plans to the ACC shall be obliged to pay a reasonable plan check fee to cover the administration costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and specifications to the ACC. A plan check fee of $200.00 will be charged to review plans and specifications for residences.
- Evaluating Development Proposals The ACC shall have the authority to establish aesthetic standards for evaluating development proposals , the ACC shall determine whether the external design, color, building, materials, appearance, height, configuration, and landscaping of the proposed structure harmonizes with (1) the various features of the natural and built environment, (2) the aesthetic character of the other homes in the area where the Lot is located, and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration. The ACC shall decline to approve any design which fails to meet the above recited standards and any other aesthetic standards promulgated by the ACC. The ACC will not approve temporary or non-permanent structures. ACC determinations may be reversed or modified by a majority vote of the Board.
- Approval Procedures Within thirty days after the receipt of plans and specifications which, in its opinion, do not meet its aesthetic standards The ACC shall indicate its approval or disapproval on one of the copies of the plans and specifications . In the event that no disapproval of such plans and specifications is given within thirty days of submission, the plans and specifications shall be deemed to be approved by the ACC and construction pursuant to the plans and specifications may be commenced.
- Compliance with Codes In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The ACC has no responsibility for ensuring that plans and specifications which it reviews comply with local building codes and requirements. The ACC shall be held harmless in the event that a structure which it authorizes fails to comply with relevant building and zoning requirements. No person on the ACC or acting on behalf of the ACC shall be held responsible for any defect in any plans or specifications which are approved by the ACC nor any member of the ACC or any person acting on behalf of the ACC be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the ACC.
- Variation The ACC shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variation will not (1) detrimentally impact on the overall appearance of the development, (2) impair the attractive development of the property, or (3) adversely affect the character of nearby Lots. Granting such variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted if the ACC determines that the variation would further the purpose and intent of these restrictions.
- Enforcement In any judicial action to enforce a determination of the ACC, the losing party shall pay the prevailing party’s reasonable attorney’s fees, expert witness fees, and other costs incurred in connection with such legal action or appeal.
- ACC Not Liable The ACC or any person acting on its behalf, shall have no liability for damages to any Owner or person or entity submitting plans and specifications for approval by reason of any action, inaction, approval, disapproval or failure to approve or disapprove with regard to such plans and specifications. Any person or entity acquiring an interest in a Lot or any person or entity submitting plans to the ACC for approval, by doing so, agrees and covenants not to bring an action or suit to recover damages against the ACC, its members, or any person acting on its behalf.
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