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201807442 the exterior appearance of any Improvement located on a Lot. No Construction or Modification shall be made or done without the prior written approval of the DRC. Any Owner desiring approval of the DRC for any Construction or Modification shall submit to the DRC a written request for approval specifying in detail the nature and extent of the Construction or Modification that the Owner desires to perform. The request for approval must be accompanied by plans or specifications showing the nature, kind, color, shape, height, materials, and location of the Improvements and such other information as may be required by the Design Guidelines. Any Owner requesting the approval of the DRC shall also submit to the DRC any additional information, plans, and specifications that the DRC may request. In the event that the DRC fails to approve or disapprove a complete application for approval within forty-five (45) days after the application, together with any fee payable pursuant to Section 3.7 and all supporting information, plans, and specifications requested by the DRC, have been submitted to the DRC, approval will not be required and this Section will be deemed to have been complied with by the Owner who requested approval of such plans. Approval by the DRC of any Construction or Modification shall not be deemed a waiver of the DRC's right to withhold approval of any similar Construction or Modification subsequently submitted for approval. The provisions of this Article 3 do not apply to, and approval of the DRC shall not be required for, any Construction or Modification or any other work made by or on behalf of the Declarant or a Designated Builder. The approval required of the DRC pursuant to this Section shall be in addition to, and not in lieu of, any approvals or permits that may be required under any federal, state, or local law, statute, ordinance, rule, or regulation. 3.3 Review of Plans. In reviewing plans and specifications for any Construction or Modification, the DRC may consider any and all factors that the DRC, in its sole and absolute discretion, determines to be relevant, including but not limited to: (a) the harmony of the proposed Improvements with existing Improvements in the Project or with Improvements previously approved by the DRC but not yet constructed; (b) the location of the proposed Improvements in relation to existing topography, finished grade elevations, roads, Common Area, and other structures; (c) the exterior design, finish materials, and color of the proposed Improvements; and (d) compliance of the proposed Improvements with this Declaration and the Design Guidelines. The DRC may disapprove plans and specifications for any Construction or Modification even though the plans and specifications may be in substantial compliance with this Declaration and the Design Guidelines if the DRC, in its sole and absolute discretion, determines that the proposed Construction or Modification, or some aspect or portion thereof, is undesirable or unattractive. Decisions of the DRC may be based on purely aesthetic considerations. Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and attractiveness of certain Improvements. Each Owner agrees that the decision of the DRC shall be final on all matters submitted to it pursuant to this Declaration. Page 17 of 67