constructed and that are generally architecturally compatible with the environment and harmonious with each other within the development. To that end and to ensure compliance with the requirements of Article V of this Declaration, there is hereby established the Architectural Approval Committee ("Committee") for SHELTER LAKES.
Section 2. Submission Requirements.
Approval of all site plans, specifications, plats and external designs of any improvements pursuant to Article V to be erected, built or altered upon any of the Lots in the subdivision must be obtained from the Committee and no clearing, grading or construction may be commenced until such approval has been obtained as provided herein. All submissions to the Committee shall be made to it at Route 2, Box 985, Catlett, Virginia 22019. Submissions for approval of a residence and related structures shall include as a minimum:
a) Architectural drawings which shall include floor plans, all exterior elevations, at least two wall sections and specifications for exterior walls, stamped by an architect or professional engineer licensed to do business in Virginia.
b) Site plan which shall show the house, drainfield, fencing, driveways, garage, recreational improvements (if any), property boundaries, and limits of clearing and grading;
c) Building material samples which shall include a sample of the roof tile, exterior trim, brick and/or siding;
d) Color scheme for the exterior, including paint samples;
e) Landscape plan;
f) Bonded Improvements Agreement in the form attached hereto as Schedule "A" duly executed by Owner with payment to Raymond C. Hawkins Construction Co., Inc., of $750.00 per driveway entrance as a bonded improvements escrow to be held pending final acceptance of the bonded public improvements; and
g) Builder's Agreement duly executed by Owner and his Builder in the form attached hereto as Schedule "B".
The Committee will notify the Owner in writing when it has determined that a submission is complete. Such proposed improvements shall be approved or disapproved by the Committee with respect to design, placement of structures, use, color and type of building materials, landscaping, compatibility with existing approved structures of the surrounding lots in the development and/or the aesthetic considerations of the development as a whole. Such approval or disapproval shall be in the sole discretion of the Committee. Any such approval may be made with such conditions as the Committee may require to assure compliance with the Declaration. No construction of any type shall commence until the plans and specifications therefor have been approved, in writing, by the Committee and the agreements in the form attached hereto as Schedule "A" and Schedule "B" have been fully executed by the Owner, his builder and the Association, as applicable.
Section 3. Organization, Power of Appointment and Removal of Members.
The Architectural Approval Committee shall be organized as follows:
(A). Committee Composition. The Architectural Approval Committee shall consist of three members. None of the members shall be required to be an architect or to meet any other particular qualifications for membership.
(B). Initial Members. Raymond C. Hawkins, S. Leon McGlothlin and Barbara L. Shepherd are hereby designated as the initial members of the Committee.
(C). Appointment and Removal. The right to appoint and remove all members of the Committee at any time shall be and is hereby vested solely in Raymond C. Hawkins Construction Co., Inc., so long as there exists a Class B membership in the Association. Thereafter the right of appointment and removal shall be vested in the Board of Directors.
(D). Resignations. Any member of the Committee may at any time resign from the Committee by giving written notice thereof to Raymond C. Hawkins Construction Co., Inc., or the Board of Directors as appropriate.
(E). Vacancies. Vacancies on the Architectural Approval Committee shall be filled by the person or entity having the right of appointment as described in subparagraph (C) above.
Section 4. Duties.
The Committee shall consider and act upon any and all proposals or plans submitted pursuant to Section 2 of this Article and shall perform such other duties as from time to time shall be assigned to it by the Declarant or the Board of Directors.
Section 5. Meetings and Compensation.
The Committee shall meet from time to time as necessary to perform its duties hereunder, and shall in all cases act within thirty (30) days of receipt of a complete submission. No member of the Committee shall be entitled to any compensation for services performed pursuant hereto.
Section 6. Architectural Approval Committee Rules, Regulations and Policies.
The Committee may adopt and amend rules, regulations and policies governing the submission of plans and specifications and any other matters relative to its duties hereunder.
Section 7. No Waiver.
The approval of the Committee of any proposals or plans or specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval or consent of the Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposal, plan, specification, drawing, or matter whatever submitted by the same or any other Owner.
Section 8. Liability.
Neither the Committee, nor any member thereof, nor the Declarant nor the Association shall be responsible or liable to any Owner, builder or other person or entity for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder, unless due to the willful misconduct or bad faith of the Committee.
Section 9. Time for Approval.
In the event the Committee fails to approve or disapprove within thirty (30) days after the plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.
Section 10. Right of Entry.
The Declarant or the Committee shall have the right, during reasonable hours, to enter any Lot and the improvements thereon for the purpose of determining whether there has been or is any violation of any of the covenants and restrictions set forth in this Declaration.
Section 11. Exemption.
The provisions of this Article VI shall not apply to the construction activities of the Declarant or any Approved Builder.
