ARTICLE X - ARCHITECTURAL CONTROL COMMITTEE

10.02 Architectural Approval.   No building, structure, fence, wall or improvement of any kind or nature shall be erected, constructed, placed, altered, changed or modified on any Lot until the plot plan showing the location of such building, structure, paving or improvement, construction plans and specifications thereof and landscaping and grading plans therefor hare been submitted to and approved in writing by the Committee as to:

(i) location with respect to Lot lines; topography; finished grades elevation; effect of location and use on neighboring Lots and improvements situated thereon; and any drainage arrangement,

(ii) conformity and harmony of external design, color, texture, type and appearance of exterior surfaces and landscaping with existing structures and existing landscaping, 

(iii) quality of workmanship and materials; adequacy of site dimensions; adequacy  of structural  design;  proper facing of main elevation  with respect to nearby streets; and 

(iv) the other standards set forth within this Declaration (and any amendments hereto) or as may be set forth in bulletins promulgated  by the Committee. The Committee is authorized  to request the submission of samples of proposed construction  materials or colors  of proposed exterior surfaces.

Final plans and specification shall be submitted to the Committee for approval or disapproval. At such time as the plans and specifications meet the approval of the Committee, one complete set of plans and specifications will be retained by The Committee. The Architectural Control Approval Form shall be signed by Developer and mailed or faxed to the Builder approving the plans subject to Developer's review of issues pertinent to that particular lot and house plan. If the set of plans are found not to be in compliance with these covenants and Restrictions, the plans shall be returned marked "Disapproved", accompanied by a reasonable statement of items found not to complywith these Covenants and Restrictions. Any modification or change to the approved set of plans and specifications which materially affects items

(i) through (iv} of the preceding paragraph must again be submitted to the Committee for its inspection and approval, The Committee's approval or disapproval as required herein shall be in writing, If the committee

or its designated representative fails to approve or disapprove such plans and specifications within thirty (30) days after they have been submitted, then Committee approval shall be presumed; provided, however, that nothing in this paragraph shall affect in any way the method for seeking or granting variances, as described in Section 10.03 hereof, nor shall any failure of the Committee to act on a variance request within any particular period of time constitute the granting or approval of any such variance request.