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