Common use of Guidelines and Procedures Clause in Contracts

Guidelines and Procedures. (a) The Declarant shall prepare the initial design and development guidelines and application and review procedures (the “Design Guidelines”) which shall be applicable to all construction activities within the Properties. The Design Guidelines may contain general provisions applicable to all of the Properties as well as specific provisions which vary from one portion of the Properties to another depending upon the location, unique characteristics, and intended use of such portion of the Properties. The New Construction Committee, acting on behalf of the Board of Directors, shall adopt such Design Guidelines at its initial organization meeting and, thereafter, shall have sole and full authority to amend them from time to time. The New Construction Committee shall make the Design Guidelines available to Owners and Builders who seek to engage in development of or construction upon all or any portion of the Properties and all such Persons shall conduct their activities in strict accordance with such Design Guidelines. Any amendments of the Design Guidelines adopted from time to time by the New Construction Committee in accordance with this Section shall apply to construction and modifications commenced after the date of such amendment only and shall not apply to require modifications to or removal of structures previously approved by the New Construction Committee or Modifications Committee once the approved construction or modification has commenced. The Modifications Committee may promulgate detailed application and review procedures and design standards governing its area of responsibility and practice. Any such standards shall be consistent with those set forth in the Design Guidelines and shall be subject to review and approval by the New Construction Committee. (b) Plans and specifications showing the nature, kind, shape, color, size, materials, and location of all proposed construction and modifications shall be submitted to the appropriate committee for review and approval (or disapproval). In addition, information concerning, without limitation, irrigation systems, drainage, lighting, fences, outdoor pools, and any other special features of such proposed construction or modification, as applicable, shall be submitted. In the event that the New Construction Committee or Modifications Committee fails to approve or to disapprove any application with thirty (30) days after submission of all information and materials reasonably requested, the application shall be deemed approved. However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Design Guidelines unless a variance has been granted in writing by the New Construction Committee pursuant to Section 11.5.

Guidelines and Procedures. (a) The Declarant shall prepare the initial design and development guidelines and application and review procedures (the “"Design Guidelines”) "), which shall be applicable to all construction activities within the Properties. The Design Guidelines may contain general provisions applicable to all of the Properties as well as specific provisions which vary from one portion of the Properties to another depending upon the location, unique characteristics, and intended use of such portion of the Properties. The New Construction CommitteeNCC, acting on behalf of the Board of Directors, shall adopt such Design Guidelines at its initial organization organizational meeting and, thereafter, shall have sole and full authority to amend them from time to time. The New Construction Committee NCC shall make the Design Guidelines available to Owners and Builders who seek to engage in development of or construction upon all or any portion of the Properties and all such Persons shall conduct their activities in strict accordance with such Design Guidelines. Any amendments of the Design Guidelines adopted from time to time by the New Construction Committee in accordance with this Section shall apply to construction and modifications commenced after the date of such amendment only and shall not apply to require modifications to or removal of structures previously approved by the New Construction Committee NCC or Modifications Committee MC once the approved construction or modification has commenced. The Modifications Committee MC may promulgate detailed application and review procedures and design standards governing its area of responsibility and practice. Any such standards shall be consistent with those set forth in the Design Guidelines and shall be subject to review and approval by the New Construction CommitteeNCC. (b) Plans and specifications showing the nature, kind, shape, color, size, materials, and location of all proposed construction and modifications shall be submitted to the appropriate committee for review and approval (or disapproval). In addition, information concerning, without limitation, irrigation systems, drainage, lighting, fences, outdoor pools, and any other special features of such proposed construction or modification, as applicable, shall be submitted. In the event that the New Construction Committee NCC or Modifications Committee MC fails to approve or to disapprove any application with within thirty (30) days after submission of all information and materials reasonably requested, the application shall be deemed approved. However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Design Guidelines unless a variance has been granted in writing by the New Construction Committee NCC pursuant to Section 11.5.

Guidelines and Procedures. (a) The Architectural Guidelines. Declarant shall may prepare the initial design and development guidelines and application and review procedures (the “Design Guidelines”) which shall be Architectural Guidelines applicable to all construction activities within the Properties. The Design Guidelines Units which may contain general provisions applicable to all of the Properties Units as well as specific provisions which vary from one portion of among the Properties Units according to another depending upon the location, unique characteristicsNeighborhood, use, or other factors. The Architectural Guidelines are intended to provide guidance to Owners regarding matters of particular concern to the Reviewer in considering applications hereunder. The Architectural Guidelines are not the exclusive basis for the Reviewer's decisions, and intended use compliance with the Architectural Guidelines does not guarantee approval of such portion of any application. Further, the PropertiesArchitectural Guidelines may be more restrictive than guidelines followed by Charleston County or as set forth in the International Builder's Code. The New Construction Committee, acting on behalf of the Board of Directors, shall adopt such Design Guidelines at its initial organization meeting and, thereafter, Declarant shall have sole and full authority to amend them from time the Architectural Guidelines during the Declarant Annexation Period, notwithstanding a delegation of reviewing authority, unless Declarant also delegates the power to timeamend. The New Construction Committee Upon termination or delegation of Declarant's right to amend, the ARC shall make have the Design authority to amend the Architectural Guidelines available to Owners and Builders who seek to engage in development of or construction upon all or any portion of with the Properties and all such Persons shall conduct their activities in strict accordance with such Design GuidelinesBoard's consent. Any amendments of to the Design Architectural Guidelines adopted from time to time by the New Construction Committee in accordance with this Section shall apply to construction and modifications commenced after the date of such amendment be prospective only and shall not apply to require modifications to or removal of structures previously approved by the New Construction Committee or Modifications Committee once the approved construction or modification has commenced. The Modifications Committee may promulgate detailed application and review procedures and design standards governing its area of responsibility and practice. Any such standards There shall be consistent with those set forth no limitation on the scope of amendments to the Architectural Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Architectural Guidelines less restrictive. The Association shall maintain a copy of the Architectural Guidelines, as they may exist from time to time, and shall make them available to Owners for inspection and copying upon reasonable notice during the Association's business hours. In Declarant's discretion, such Architectural Guidelines may be Recorded, in which event the Recorded version, as it may be amended, shall control in the Design event of any dispute as to which version of the Architectural Guidelines and shall be subject to review and approval by the New Construction Committeewas in effect at any particular time. (b) Plans and specifications showing the nature, kind, shape, color, size, materials, and location of all proposed construction and modifications shall be submitted to the appropriate committee for review and approval (or disapproval). In addition, information concerning, without limitation, irrigation systems, drainage, lighting, fences, outdoor pools, and any other special features of such proposed construction or modification, as applicable, shall be submitted. In the event that the New Construction Committee or Modifications Committee fails to approve or to disapprove any application with thirty (30) days after submission of all information and materials reasonably requested, the application shall be deemed approved. However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Design Guidelines unless a variance has been granted in writing by the New Construction Committee pursuant to Section 11.5.