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5.01
Plans Submission.
Before commencing the construction or alteration
all buildings, enclosures, fences, loading docks, parking facilities,
storage yards, storage tanks, landscaping or any other structures or
permanent improvements on or to any Site or part thereof, the Owner
of every such Site or part thereof shall first submit plans, specifications,
and landscape plans, in duplicate, to the Declarant for its written
approval, as hereinafter provided. One such copy of said plans, specifications,
and landscape plans will become the sole property of the Declarant.
5.02
Requirements.
No improvements shall be erected, placed or altered
on any Site or part thereof until plans and specifications showing
plot layout and all exterior elevations, with materials and colors
therefore and structural design, signs and landscaping, shall have
been submitted to and approved in writing by Declarant. Such plans
and specifications shall be submitted in writing over the signature
of the Owner of the Site or part thereof, or his or its authorized
agent, and shall be accompanied by the request of such Owner or agent
specifying for which part of such plans and specifications approval
is sought. Nothing herein shall be construed to require the submission
of plans for the alternation of the interior of an existing building,
or approval thereof, unless any planned interior alteration will
substantially change the primary use of the improvements.
5.03
Review Standards.
Approval shall be based, among other things, on
adequacy of Site dimensions; storm drainage considerations; conformity
and harmony of external design with neighboring structures, improvements,
operations and uses; relation of topography, grade and finished ground
elevation of the Site being improved to that of neighboring Sites;
proper facing of main elevation with respect to nearby streets; general
guidelines as established by Declarant from time to time; the Proffers;
and conformity of the plans and specifications to the use purpose
and general plan and intent of these covenants.
5.04
Time for Approval.
If Declarant fails either to approve or to disapprove
such plans and specifications within thirty (30) days after the same
have been submitted in writing to it, the approval required by
this Article V shall no longer be required for such plans and specifications.
5.05
Disapproval.
Whenever Declarant disapproves such plans and
specifications, the disapproval shall be accompanied by a written
statement of the reason or reasons for disapproval.
5.06
Period Approval Effective.
Approval granted by Declarant shall be effective
for a period of one year from the date the approval is given, or
one year from the expiration of the thirty (30) day period specified
in Section 5.04 hereof where approval is not expressly granted or
denied. If construction has not commenced within the said one year
period, the approval shall be deemed expired, and no construction
shall thereafter commence without a written renewal of such a prior
approval.
5.07
Limitation of Declarant’s Liability.
Neither Declarant or its successors or assigns
shall be liable in damages to anyone submitting plans to them for
approval, or to any Owner or Occupant of land affected by this Declaration,
by reason of a mistake in judgment, negligence or nonfeasance arising
out of or in connection with the approval or disapproval or failure
to approve any such plans. Every person, corporation, partnership
or organization who submits plans to Declarant for approval agrees,
by submission of such plans, and every Owner or Occupant of any of
the Property agrees by acquiring title thereto or an interest therein,
that he or it will not bring any action, proceeding or suit against
Declarant to recover any such damages. In case of conflict between
plan review and the covenants herein contained, these covenants shall
govern the rights and obligations of the parties. Declarant’s
approval of any building plans, specifications, site or landscape
plans or elevations of any other approvals or consents given by Declarant
pursuant hereto or otherwise, is given solely to protect the aesthetics
of Innsbrook and shall not be deemed a warranty, representation or
covenant that such buildings, improvements, landscaping or other
actions taken pursuant thereto or in reliance thereon, complies with,
or is not in violation of any applicable laws, rules or regulations,
and by taking title to, or leasing any of Declarant’s property,
the Owner and/or Occupant, for themselves and their heirs, successors
and assigns, do hereby expressly release and relieve Declarant of
any and all liability in connection therewith.
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