ARTICLE 4. ARCHITECTURAL CONTROL COMMITTEE
Section 4.1 Architectural Control Committee. An Architectural Control Committee (ACC) consisting of at least three (3) members, but in any event always an odd number of members, is hereby created with the rights and powers set forth in this Declaration. The initial members of the ACC shall be representatives appointed by Declarant. ACC members shall not be entitled to compensation for their services hereunder, except as may be determined by the Board of Directors. Declarant shall have the right and power at all times to appoint or renew the appointment of the members of the ACC or to fill any vacancy until the expiration of the Development Period. After the expiration of the Development Period, the Board shall have the power to appoint and remove the members of the ACC.
Section 4.2 Jurisdiction and Purpose. The ACC shall review proposed plans and specifications for construction of all residences and other Structures within Living at Bridges, including any additions, exterior alterations, fences, major landscaping, clearing, painting, paving and excavation. During the Development Period, a prospective Owner shall submit architectural and landscaping plans and specifications to the ACC for its review prior to closing the purchase of a Lot. Prior to submittal to the ACC, the Owner shall verify all improvements meet all local municipal codes. The ACC assumes no liability and holds no authority to approve, permit, or allow any construction on behalf of the local governing authorities. The ACC shall adopt and publish rules and procedures for the review of such plans and specifications. It shall be the obligation of each Owner or prospective Owner to be familiar with the rules and procedures of the ACC. As conditions precedent to approval of any matter submitted to it, the ACC shall find:
(a) Consistent with Declaration. The approval of the plan is in the best interest of the Owner and consistent with this Declaration.
(b) General Considerations. General architectural considerations, including relationship and layout of Structures to natural features and adjacent homes, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, and similar elements have been designed to be compatible with the overall design of Living at Bridges.
(c) Site Considerations. General site considerations, including site layout, relationship of site to vegetation, natural features, open space and topography, orientation and locations of buildings, vehicular access and driveway lighting, circulation and parking, setbacks, height, walls, fences and similar elements have been designed to be compatible with the overall design of Living at Bridges.
(d) Landscape Considerations. General landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of existing landscaped areas and similar elements have been considered to ensure visual relief, to complement buildings and Structures, and to provide an attractive environment for the enjoyment of the Owners in general and the enhancement of the property values in Living at Bridges.
(e) Siding. Without limiting the foregoing, each residence, improvement or Structure constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items may be incorporated. All siding materials shall be of masonry (including stucco, dryv-it, cultured stone, brick, stone, or similar material), and/or wood or wood-type siding material. All paints or natural finishes shall be those colors commonly known as earth tones.
(f) Roofing. The roof shall be a composition roof with a 30-year life or a type of roof otherwise approved by the ACC.
(g) Entry Walks, Porches and Decks. Unless otherwise approved by the ACC, all front entry walks shall be concrete, and decks and porches shall be constructed of cedar or pressure-treated materials, or visually similar composite decking materials.
(h) Driveways. All driveways shall be constructed of concrete paving.
(i) Local Codes. All buildings or Structures shall be constructed in accordance with all applicable codes and regulations. In the event of a conflict between any applicable codes and this Declaration, the codes shall govern.
Section 4.3 Approval Procedures. A preliminary application for approval must be submitted electronically or in writing to the ACC at the registered office of the Association. Within fifteen (15) days following receipt of a preliminary application, the ACC shall notify the applicant in writing as to whether the application is complete and, if not, of any additional information that may be required before the ACC can review the application. The ACC's rules and procedures may specify the payment of a reasonable nonrefundable fee, to be set forth in the ACC rules, for the purpose of defraying the costs associated with the ACC's review of the preliminary application. This fee may be adjusted from time to time by the ACC in accordance with its rules and procedures. The ACC shall review the application in accordance with the provisions of this Section as soon as possible after a complete application has been filed. The decision of a majority of the members of the ACC shall be the decision of the ACC. A copy of approved plans will remain in the ACC's files. All disapproved plans will be returned to the applicant.
Section 4.4 Failure of ACC to Take Action. Except as provided in Section 4.6 below, in the event that the ACC fails to respond to an applicant's complete and properly submitted application within thirty (30) days after the ACC has notified the applicant that the application is complete, formal written approval will not be required, and the applicant shall be deemed to have fully complied with the provisions for approval.
Section 4.5 ACC's Obligation. The ACC, in its deliberations and in the discharge of its obligations hereunder, shall act objectively and fairly in making decisions concerning various plans, specifications, plot plans and landscape plans submitted to it by various applicants for consideration in accordance with the provisions of this Declaration. Further, the determinations of the ACC as to noncompliance shall be in writing, signed physically or electronically by the ACC or Association Manager, and shall set forth in reasonable detail the reason for noncompliance. The ACC may approve, approve with conditions, or disapprove an application or any part thereof. In all cases, the sole responsibility for satisfying the provisions of this Declaration and all local building codes and governmental requirements rests with the applicant. In consideration of the ACC's review of an applicant's application, the applicant shall indemnify and hold the ACC harmless from any claim for damages resulting from applicant's failure to comply with applicable building codes or other governmental requirements.
Section 4.6 Exemptions and Variances from ACC Requirements. The ACC may, upon request, grant exemptions and variances from the rules and procedures of the ACC and the requirements of this Declaration when the party requesting such exemption or variance establishes to the satisfaction of the ACC that the improvements or other matters which are desired by the applicant are aesthetically as appealing, suited to climatic conditions, and compatible with the overall character of the development as are similar improvements or matters which conform to the requirements of this Declaration. Request for an exemption or variance shall be submitted in writing to the ACC and shall contain such information as the ACC shall from time to time require. The ACC shall consider applications for exemption or variance and shall render its decisions within thirty (30) days after notice to the applicant of proper submission. The failure of the ACC to approve an application for an exemption or variance shall constitute disapproval of such application.
Section 4.7 Failure of Applicant to Comply. Failure of the applicant to comply with the rules and procedures of the ACC or the final application as approved by the ACC shall, at the election of the Association's Board exercised after thirty (30) days' written notice to such applicant, constitute a violation of this Declaration. In that event, the Board shall be empowered to assess a penalty commensurate with the violation, which shall constitute a lien against such Lot, enforceable as provided herein and/or pursue any other remedy, including, but not limited to, an action for injunctive relief or specific performance.