A. Submittal of Plans. At least thirty (30) days prior to the anticipated commencement of any landscaping or construction of any structure or improvement on any Lot, the owner of such Lot (or his duly appointed agent? shall submit to the Chairman of the Committee a survey of the Lot, which survey shall show each Lot corner. There shall further be shown on said survey the proposed location of all proposed and existing structures or improvements, including driveways, bulkheads, patios, decks and walkways. There shall be further provided to the Committee sufficient building elevations and landscape plans, including a statement of exterior building materials and proposed exterior colors, to allow the Committee to appropriately and accurately evaluate what is proposed for construction on the Lot. The location of a proposed well (if any) shall also be delineated. Specifications for toilets and showerheads shall be included with the submission of any plans which contemplate installation of improvements utilizing such fixtures. The survey, building elevations and landscape plans, shall be of professional quality. There shall be submitted two copies of all information required to be submitted.
B. Disclosure of Contractor. The owner of each Lot shall notify the Committee of the identity of the contractor proposed for construction of any major improvements on any Lot. Major improvement shall be all improvements of a reasonable construction cost of $10,000.00 or more. The owner of each Lot shall include with the name of the contractor a statement as to the classification of contractor’s license held by such contractor and the address and telephone number of the contractor. This information shall be submitted to the Committee at time of submission of plans, if such information is available at that time; if the information is not available at that time, the information shall be submitted to the Committee at least thirty (30) days prior to commencement of construction. NO PRIMARY STRUCTURE MAY BE CONSTRUCTED BY THE OWNER OF A LOT UNLESS SAID OWNER HOLDS A VALID CONTRACTORS LICENSE APPLICABLE TO SUCH STRUCTURE.
C. Standards for Approval. Within thirty (30) days after receipt of all required information, the Committee shall notify in writing the owner of the Lot whether or not the requested improvements are approved. Unless a response is given by the Committee within thirty (30) days, the plan shall be deemed approved. The response of the Committee may be an approval, a denial, an approval with conditions or a request for additional information. A request for additional information shall be deemed a determination that the information submitted was inadequate, and the thirty (30) day time for response shall only commence upon receipt of the requested additional information. If approval with conditions is granted, and construction then begins, the construction shall be deemed approval by the owner of the Lot of the conditions imposed. No response shall be required from the Committee unless a submission contains on its face, the information required to be submitted as more fully set out hereinbefore. The Committee shall approve the plans as submitted, if all required information is submitted, and ‘the following affirmative findings are made by the Committee:
(1) that the improvements sought to be constructed will not have negative economic impact on any other property within Taberna;
(2) that all required specific building standards and other conditions contained within the Protective Covenants and other applicable legal documents have been met;
(3) that the improvements are architecturally compatible with proposed or constructed improvements on other properties within its Community;
(4) that the natural features of the Lot have been retained to the maximum extent feasible;
(5) that the improvements have been situated on the Lot within the suggested setbacks contained in paragraph 4(f) of these Protective Covenants, or location elsewhere furthers
consistency with subparagraph (1), (2), (3) or (4) of this Section SC; and
(6) that the impervious surface limitation coverage proposed on each Lot is consistent with the requirements of the Division of Environmental Management Coastal Storm Order Regulations.The owner of each proposed Living Unit shall comply with the requirements of this Section 5, whether or not such proposed Living Unit is to be constructed on a Lot, or on an unsubdivided development site. The developer of any development site proposed for construction of Living Units not to be conveyed by Lot shall further abide by the provisions of this Section 5, and shall submit the required information for the entire development site. Notwithstanding the procedures contained within. This Section 5, review of proposed minor construction. or proposed improvements to existing structures, or minor landscaping, may be delegated to a sub-committee and may be reviewed in accordance with abbreviated procedures adopted and published by the Committee from time to time.
D. Right of Appeal. Any owner disagreeing with the finding of the Committee may appeal the decision to the Board of Directors of the Association by giving written notice of appeal to the President of the.Association within fifteen (15) days following receipt of notice of denial (or notice of imposition of conditions unacceptable to said owner). The Board of Directors of the Association shall then review the plans, giving the Chairman of the Committee the opportunity to present to the Board of Directors ofthe Association specific reasons why the plans were denied, in the presence of the owner or his agent, and the owner or his agent may present information challenging the findings of the Committee. The decision of the Committee shall only be overridden by unanimous vote of the Board of Directors of the Association.
E. Notices. All notices required to be given herein shall be given in writing, hand-delivered or mailed postage prepaid, return receipt requested, and the Committee shall be obligated to specify the particular grounds upon which denial of any application is founded. One set of plans, denoted as approved (or approved with specified conditions) shall be retained by the Committee and the other shall be returned to the applicant.
F. The Association shall specifically have the right to adopt a fee schedule and in accordance therewith to charge a non-refundable fee for plan review by the Committee. The fee schedule may include different fees for different levels of proposed construction, such as a new construction of a residence, modification of an existing residence or construction of a fence.
G. The.Association shall have specific authority to collect a construction deposit from the owner of every Lot causing construction to be done on said Lot, which deposit shall be made for the purpose of providing for the administrative cost of inspection of the construction site and site alteration, reimbursement for damage to Association Properties or rights of way incurred during the construction process, and to ensure that construction (including’ landscaping) is completed in a timely manner and in accordance with the plans approved by the Committee. In order to collect such deposit, the Association shall adopt and publish a schedule of deposits, and shall uniformly collect the deposit from all Lot owners during the period of time in which such requirements are in full force and effect. A portion of such deposit may be retained for administrative costs, and the balance will be refunded upon completion of construction and landscaping, less ‘reasonable deductions for damages to rights of way or Association Properties, or for other reasons specified in the schedule adopted by the Committee.