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Architectural Committee
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Architectural Committee

Palm Coast
 
Architectural Committee
 
Presented to all Purchasers, copy dated June 16, 1972
 
ARCHITECTURAL COMMITTEE
 
PURPOSE
To establish, maintain and approve architectural standards of excellence for all individual homes, multi-dwelling establishments, commercial and industrial buildings and complexes, as well as schools, churches, public building, amenities, parks, and all elements related to the construction and aesthetics of Palm Coast.
SCOPE OF FUNCTION
No structure of any kinds shall be erected nor shall any work be commenced or performed ( other than landscaping ) which may result in a change to the exterior appearance of a structure or property until detailed plans and specifications showing the nature and location of such proposed construction or change shall have been approved in writing by the Committee.  The Committee, in its discretion, may reject or approve without incurring any liability whatsoever, any such proposed work based upon aesthetic or other considerations such as quality or workmanship, nature of materials, harmony of external design with existing structures, choice of colors, change in topography, grade elevations and/or drainage, factors of public health or safety and the effect of such proposed change or work on the use, enjoyment or value of any of the other neighboring properties. After construction, such structure shall be maintained in strict conformity with the plans and specifications so approved.
APPLICATIONS
1.  Application for Architectural Committee approval shall be in writing and submitted by certified or registered mail or presented by the property owner himself, upon any member of the Architectural Committee at its office.
2.  Application must be accompanied by a complete set of plans and specifications showing any proposed topographical changes, all exterior and structural details and the relationship of the proposed work to existing structures and to property lines. In the case of a proposed topographical or grade change, the application must include the written agreement of the property owner proposing such change in topography or grad, to indemnify and hold harmless the Architectural Committee, and ITT Community Development Corporation, its agents, servants and/or employees from any claim or cause of action whatsoever, whether justifiable or not, from any liability resulting or which might result from its approval of such topographical or grade change.
COMPOSITION AND VOTE REQUIRED
1.  The Architectural Committee shall be composed of three (3) individuals designated by the Board of Directors of ITT Community Development Corporation.
2.  The affirmative vote of a majority of the membership of the Architectural Committee personally present at a meeting or giving its consent in writing shall be required in order to adopt or promulgate any rule or regulation, or make any findings or issue any permits, authorization or approval.
APPROVAL OR DISAPPROVAL
.1.  Approval of any decision of the Architectural Committee shall be final and binding.
2.  a.  In the event the Architectural Committee fails to approve or disapprove any plans and specifications within forty-five (45) days after submission, same shall be deemed to have been approved as submitted and no further action shall be required.
b.  Disapproval or approval based upon modification shall entitle the applicant within ten (10) days after mailing of written notice of any such adverse decision to file with the Committee at its office a written request to have the matter in question reviewed and reconsidered by the full Architectural Committee.
c.  On the filing of any such request, the matter shall be reviewed and reconsidered within forth-five (45) days by the Architectural committee.
3.  Upon approval of any plans and specifications submitted, copy of such plans and specifications shall be deposited with the Architectural Committee for its permanent record; such approval shall in no way imply that the structure contemplated to be built is safe and structurally sound. No deviation shall be permitted from the plans and specifications so approved, without further independent submission to and approval of such changes by the Architectural Committee.
4.  If requested , the Architectural Committee or any member thereof shall make reasonable efforts to assist and advise the applicant in order that an acceptable proposal can be prepared and submitted for approval.
5.  Should any work be commenced without approval, then upon written notice from the Committee, any such work may be removed and any use thereof shall be terminated. Failure to do so within ten (10 ) days after such written notice shall entitle the committee to take such steps as may be necessary to extinguish said violation and the cost thereof shall be personal obligation of such owner as well as a lien upon the property in question.
6.  The approval of the Architectural Committee for use on any lot of any plans or specifications submitted for approval, shall not be deemed to be a waiver by the Committee of its right to object to any of the features or elements embodies in such plans or specifications, if and when the same features or elements are embodied in any subsequent plans and specifications submitted for approval for use on other lots.
GROUNDS FOR DISAPPROVAL
The Architectural Committee shall have the right to disapprove any plans and specifications submitted because of any of the following;
1.  Failure to include information in such plans and specifications as may have been requested.
2.  Failure of such plans or specifications to comply with the Covenants and Restrictions.3. Objection to the exterior design, appearance or materials of any proposed structure.
4.  incompatibility of any proposed structure or of the proposed structure's use to any existing structures.
5. Objection to a location of any proposed structure with reference to other lots or structures in the vicinity.
6.  Objection to the grading plans for any lot.
7.  Objection to the color scheme, finish, proportions, style or architecture, height, bulk or appropriateness of any proposed structure.
8.  Objection to parking areas proposed for any lot on the grounds of incompatibility to proposed uses or insufficiency of the size of the parking area.
9.  The failure of the plans and specifications to adhere to the Southern Standard Building Code, 1969 Edition, published by Southern Building Code Congress, 1116 Brown-Marx Building , Birmingham , Alabama 32503.
10.  Any other matter which, in the judgment of the Architectural Committee would render the proposed structure or uses inharmonious with the general plan of improvement of the property or with structure or uses located upon other lots in the vicinity.
11.  The Committee may adopt and promulgate rules and regulations regarding the preservation of trees and other natural resources and wildlife upon the property. If it shall deem it appropriate, such Committee may mark certain trees regardless of size as not removable without its authorization.
ARCHITECTURAL COMMITTEE CONTROL
1.  Any member of the Architectural Committee may at reasonable times enter upon and inspect the property and any improvements thereon for the purpose of ascertaining whether the maintenance, construction or operation of the structures thereon are in compliance with the provisions hereof; and neither the Committee nor any member thereof, nor its duly authorized agent shall be deemed to have committed a trespass or other wrongful act by reason of such entry and inspection.
2.  The Architectural Committee may promulgate rules governing the form and content of plans to be submitted for approval including, without limitation, exterior lighting and planting of trees and may issue statements of policy with respect to approval or disapproval of the architectural styles or details. Such rules and statements of policy may be amended or revoked at any time.
4.  The Architectural Committee, shall, without incurring any liability, have the right to prepare change orders and order minor changes while the approved work is in progress.
COMPENSATION AND LIABILITY
1.  No member of the Committee nor its designated representatives shall be entitled to any compensation for services performed, except that architectural consultants may be hired, or surveys or reports paid for in order to assist the Committee in formulating its decision.
2.  The Architectural Committee nor any of its members shall not be responsible for:
a.  construction, means, methods, techniques, sequences or procedures of the safety precautions;
c.  the acts of omissions of the contractors, subcontractors or any of their agents or employees performing any of the work.
3.  ITT community Development Corporation, the Committee, its agents, servants, employees or other assignees, shall be held harmless from any and all claims, damages, losses, and expenses, including attorney's fees arising out of its actions or decisions.
SEVERABILITY
Invalidation or removal of any of these rules and regulations by judgment, decree, court order, stature, ordinance, or amendment by the developer, its successors or assigns, shall be in nowise affect any of the other provisions which shall remain in full force and effect.
DATED : JUNE 16, 1972

We shall remain Stewards of all these Heritage and Historical Resources hoping for a Certified Local Government like more all Florida Leadership Cities already are; hoping for a Museum like Flagler Beach already has.