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201 908192 <br />3.1 Architectural Control. No building, fence, wall, or other structure shall be <br />commenced, erected or maintain upon the Property, nor shall any exterior <br />addition or change or alteration therein be made, nor shall any trees, shrubs, or <br />plantings be planted or maintained upon the Property, until the plans and <br />specifications therefor, showing the nature, kind, shape height, materials, color <br />and location of the same shall have been submitted to and approved in writing, <br />as to harmony of external design, materials, colors and location in relation to <br />surrounding structures and topography by the Board of Directors of the <br />Association, or by an architectural committee composed of three or more <br />representatives appointed by the Board of Directors of the Association. Board <br />approval shall be independent of and in addition to the restrictions imposed and <br />approvals required in the other Sections of this Article. <br />An Owner desiring to erect improvements on a Residential Lot shall deliver two <br />sets of construction plans, landscaping plans, grading plans and plot plans to <br />Board of Directors. Such plans shall include a description of the type, quality, <br />color and use of materials proposed for the exterior of the improvement which <br />shall be the same or similar to those of the surrounding structures on the <br />Property. Concurrent with submission of the plans, Owner shall notify the Board <br />of the Owner's mailing address. Approval of the plans and specifications shall be <br />in the reasonable discretion of the Board of Directors of the Association. <br />3.2 Construction/Development Restrictions. <br />a. New Construction. All residential dwellings and other buildings permitted <br />on one or more Residential Lots shall be initially new construction. No <br />building or structure shall be moved from another location on to a <br />Residential Lot for any purpose whatsoever. <br />b. Uncompleted Structures. The construction of the residential dwelling on <br />one or more Residential Lots must commence within two (2) years after <br />acquisition of the Residential Lot(s) from Declarant. All structures must <br />be completed within two (2) years after the date of commencement of <br />construction or the date of excavation for the basement or foundation. In <br />the event of fire, windstorm or other damage, no building shall be <br />permitted to remain in a damaged condition longer than three (3) months. <br />No building shall be occupied until the exterior shall have been <br />completed, and a certificate of occupancy permit or similar certificate is <br />issued by the applicable authority. <br />c. Location. No residential dwelling shall be located nearer to the front, rear <br />or side of the Residential Lot line than the the setback line for the <br />Property as indicated on the Plat; provided, however, if an Owner owns <br />two (2) or more Residential Lots directly adjacent to each other, Owner <br />shall be entitled to construct a single family residence that crosses both <br />Residential Lots (e.g., the setback set forth on the Plat shall not apply in <br />such event) provided that such single family home is constructed within <br />the building envelope set forth on the Plat. If an Owner seeks to <br />construct a single family residence on two (2) or more Residential Lots <br />outside of the building envelope set forth in the Plat, Owner will need to <br />6 <br />4845-6155-3581.3 <br />