ARCHITECTURAL COMMITTEE
BUILDING PLAN APPROVAL PROCEDURES
1.0 AUTHORITY
1.1 The Covenants, Restrictions, and Limitations of Shiloh Falls Subdivision, a legal, recorded document, authorizes the appointment of an Architectural Committee to approve all plans for building within the subdivision.
1.2 The members of the Architectural Committee shall all be owners of property within the subdivision, and shall be appointed by the Board of Directors of the Shiloh Falls Homeowners Association. The number of committee members, and the term of the appointments, shall be as determined by the Board of Directors.
1.3 The Architectural Committee shall have full authority to approve all building plans, to include, but not be limited to, front elevations, set backs as shown on the recorded plats, drive entrance locations, fences, and any out buildings. The minimum square footage shall be as required on the recorded plats.
2.0 SUBMITTAL PROCEDURE
2.1 Building plans for construction of new dwellings, additions to existing structures, out buildings, and other structures governed by the covenants, restrictions, and limitations, shall be submitted, in three (3) copies, to the Architectural Committee for review and approval.
2.2 The building plans shall include, at a minimum, the documents indicated in the following sub-paragraphs:
2.2.1 A site plan, or plat, to include, but not be limited to, set backs and easements as shown on the recorded plat, size and location of the new dwelling, addition, outbuilding, or other structure, size and location of any existing structures, and drive entrance location.
2.2.2 A front (street-side) elevation of the new dwelling, addition, out building, or other structure. Side and rear elevations are advocated, but not required.
2.2.3 A floor plan of the new dwelling, addition, out building, or other structure. In the case of a new dwelling, the floor plan is necessary to verify compliance with minimum square footage requirements.
2.2.4 An exterior building materials specification, to include, but not be limited to, roofing, siding, brick, stone, or other masonry, and paint colors.
2.2.5 Any request for a variance to the provisions of the covenants, restrictions, and limitations, or to the recorded plat.
2.2.6 Any other document which the property owner considers useful to the review and approval procedure.
2.3 The submittal shall include a Form SFHA-AC-1, with Section 1 - Building Plan Review & Approval Request, completed and signed.
2.4 The submittal shall include a check, payable to the Shiloh Falls Homeowners Association, for the amounts indicated in the following sub-paragraphs:
2.4.1 The submittal for construction of a new dwelling shall include a payment for the amount of One Thousand Dollars ($1,000.00). Three Hundred Fifty Dollars ($350.00) of this amount shall be a nonrefundable fee to the SFHA.
2.4.2 The remaining Six Hundred Fifty Dollars ($650.00) shall be refundable to the property owner following completion of construction, provided that the conditions stated in the following sub-paragraphs are achieved:
2.4.2.1 The construction is completed in strict accordance with the "Approved" building plans, with the applicable provisions of the covenants, restrictions, and limitations, and in compliance with the requirements of this procedure.
2.4.2.2 Any and all damages to SFHA property incurred as a result of this construction are made good, to the satisfaction of the Architectural Committee.
2.4.2.3 Forfeiture of the refund shall in no way relieve the property owner, the contractor, and any sub-contractors from liability for any and all of the above damages.
2.4.3 The submittal for construction of an addition, out building, or other structure will not require a payment with the submittal. The Architectural Committee will review the building plans and determine if payment of a fee is appropriate, depending upon the nature and extent of the construction.
2.5 The building plans may be submitted to any Architectural Committee member. A listing of current committee members, addresses, and telephone numbers, will be available from the Security Guard at the Shiloh Falls Gate House.
3.0 REVIEW AND APPROVAL PROCEDURE
3.1 Building plans submitted to the Architectural Committee will be reviewed by committee members for compliance with the applicable provisions of the covenants, restrictions, and limitations.
3.2 The Architectural Committee will meet as necessary to consider the approval of building plans under review. A majority of the committee members present, but in no case less than three (3), will be required to determine the final disposition of the request, which will be one of the conclusions indicated in the following sub-paragraphs:
3.2.1 Approved as Submitted: The request complies with all applicable provisions of the covenants, restrictions, and limitations. The property owner may proceed with construction as requested.
3.2.2 Approved as Noted: The request does not comply with one or more of the applicable provisions of the covenants, restrictions, and limitations. The property owner may proceed with construction if the noted non-compliance issues are accepted and corrected in the building plans.
3.2.4 Revise and Resubmit: The request does not include all of the building plan information indicated in paragraph 2.2. The missing information must be provided to continue the review and approval procedure.
3.2.3 Rejected: The request does not comply with many applicable provisions of the covenants, restrictions, and limitations. The building plans must be completely revised to correct the stated non-compliance issues, and then resubmitted for review and approval. The decision of the Architectural Committee may be appealed to the Board of Directors of the Shiloh Falls Homeowners Association.
3.3 The property owner may be requested to meet with the Architectural Committee during the review process to provide clarification of the building plans submitted.
3.4 Upon approval, the three (3) copies of building plans submitted will be stamped "Approved", and signed and dated by a majority of the committee members.
3.4.1 One (1) copy of the "Approved" building plans will be retained by the Architectural Committee for record purposes.
3.4.2 Two (2) copies of the "Approved" building plans will be returned to the property owner. One (1) copy of the "Approved" building plans shall be maintained at the construction site; and one (1) copy of the "Approved" building plans will be a record copy for the property owner.
3.5 Upon approval, the Form SFHA-AC-1 submitted with the request, with a completed and signed Section 2 - Architectural Committee Action, and a Notification of Completion & Final Inspection, Form SFHA-AC-2, , will be provided to the property owner.
3.5.1 Upon completion of construction, the property owner shall return the Form SFHA-AC-2, with Section 1 - Notification of Completion, completed and signed, to the Architectural Committee, and a final inspection of the construction will be accomplished.
3.6 In the event that the Architectural Committee does not complete the Review and Approval Procedure within thirty (30) days, the building plans will automatically be deemed "Approved", in accordance with the provisions of the covenants, restrictions, and limitations.
4.0 PROCEDURE VIOLATIONS
4.1 No construction of new dwellings, additions to existing structures, out buildings, and other structures governed by the covenants, restrictions, and limitations, shall be permitted without prior written approval of the Architectural Committee.
4.2 The construction of new dwellings, additions to existing structures, out buildings, and other structures governed by the covenants, restrictions, and limitations, shall be in strict accordance with the "Approved" building plans. Any addition, deletion, modification, or other deviation from the "Approved" building plans shall be discussed with a member of the Architectural Committee, to determine if further review and approval is required.
4.3 In the event that a violation of these procedures takes place, the property owner shall be required to provide an explanation to the Architectural Committee as to how and why the violation occurred. The Architectural Committee will determine a remedy to correct the violation on a case-by-case basis. The remedies may include, but are not necessarily limited to, one of the actions in the following sub-paragraphs.
4.3.1 Removal or modification of the violation, by the property owner, to satisfy the requirements of the covenants, restrictions, and limitations.
4.3.2 Removal or modification of the violation, by the Shiloh Falls Homeowners Association, and at the expense of the property owner, to satisfy the requirements of the covenants, restrictions, and limitations.
4.3.3 Payment of a penalty fee to the Shiloh Falls Homeowners Association, the amount to be set by the Board of Directors.
4.4 All costs incurred by the Shiloh Falls Homeowners Association to correct a violation of these procedures, to include legal expenses, shall be the responsibility of the property owner.
4.5 Delinquent penalty fees and/or costs incurred by the Shiloh Falls Homeowners Association to correct a violation of these procedures shall become a lien upon the property.
5.0 COVENANTS, RESTRICTIONS AND LIMITATIONS
5.1 The following excerpts from the Covenants, Restrictions, and Limitations of Shiloh Falls Subdivision, pertaining to structures and Architectural Committee approval, are included to provide guidance to the property owner in preparing building plans for review and approval. The paragraph numbers refer to the source of the excerpt in the covenants, restrictions, and limitations.
5.1.1 No structure shall be erected, altered, placed, or permitted to remain on any residential building lot other than one single family dwelling, excepting certain designated lakefront lots, not to exceed three stories in height and one private garage for not more than three cars. One storage room attached to said garage is permitted. All garages must have doors. No open carports will be allowed without prior written Architectural Committee approval. Only one driveway permitted. Gravel driveways not permitted. (Paragraph 7)
5.1.2 All plans for construction of out buildings must be approved in writing by the Architectural Committee. No metal buildings will be allowed. (Paragraph 9)
5.1.3 All building set backs, including back and side yard set backs, shall be governed by the recorded plat of the subdivision. (Paragraph 11) [Note: A request for variance may be submitted to the Architectural Committee.]
5.1.4 A five foot utility easement is reserved along the rear and side of all lots in this subdivision and a ten foot utility easement is reserved along all front lot lines. (Paragraph 12) [Note: The recorded plat may indicate a different utility easement than the covenants, restrictions, and limitations; in this case, the recorded plat will govern.]
5.1.5 All mailboxes within Shiloh Falls Subdivision shall be approved by the Architectural Committee. (Paragraph 14)
5.1.6 No outside clothes lines or other apparatus for the drying of clothes shall be permitted in Shiloh Falls Subdivision, unless it is obscured from view by mass planting of shrubbery in a manner approved by the Architectural Committee. (Paragraph 15)
5.1.7 Satellite dishes, television or radio antennas, and flagpoles shall not be installed without the prior written approval of the Architectural Committee. (Paragraph 16)
5.1.8 No debris, including, but not limited to stumps, logs, or building material, shall be buried on any lot without prior written approval from the Architectural Committee. (Paragraph 19)
5.1.9 All fences must be approved by the Architectural Committee. No fence shall be erected on any lot closer to the street than the building line thereon and in no event shall fences be built along the street. Chain link fences or metal fences of any type are not permitted, except with prior written approval by the Architectural Committee. (Paragraph 22)
5.1.10 No boat houses are permitted below the 418 foot (above sea level) elevation. However, boats houses are permitted above the 418 foot elevation provided that the design and materials used must be approved in writing by the Architectural Committee. (Paragraph 24)
5.1.11 Vegetable gardening shall be allowed only if properly screened from view and approved in writing by the Architectural Committee. (Paragraph 27)
5.1.12 Any roof on a dwelling must be constructed with material equal to Elk 240 Prestique II or tile, wood shingles, or architectural metals or other material, all of which must be approved in writing by the Architectural Committee. (Paragraph 30)
5.1.13 Each owner shall be required within ten days of completion of construction to install one yard light located near the drive entrance. Each light will be operated by a photo cell switch. The type and location of the light shall be approved in advance by the Architectural Committee. (Paragraph 38)
6.0 COMBINING OR SPLITTING LOTS
6.1 Any property owner within the development desiring to build a home on more than one lot, or desiring to build an attached or detached building or structure on an adjacent lot may do so providing the following terms and conditions are agreed to and met;
6.1.1 Approval for construction from the Architectural Committee.
6.1.2 The lots shall be combined as one lot on a plat with a statement on the plat, "Lots combined on this plat shall never be re-divided as long as the restrictive covenants for the Shiloh Falls development remain in effect" and said plat shall be recorded in the Record Book at the Hardin County Register's Office.
6.1.3 Property Owner agrees to pay Homeowners Association dues and assessments for a home plus a vacant lot.
6.1.4 Any Property Owner(s) desiring to combine more than two lots or split a lot with another Property Owner may do so only after obtaining written approval from the Board of Directors of the Shiloh Falls Homeowners Association.
6.2 This resolution shall not alter or affect existing terms and conditions for lots that were combined or split prior to September 2002.
7.0 UTILITY CONNECTIONS UNDER ROADS
7.1 Cutting or trenching of roads in Shiloh Falls Development for any purpose is strictly PROHIBITED. Tunneling or boring under the road will be the only acceptable means of making connections to underground utilities, including, but not necessarily limited to, sewer / water / telephone / electrical service / cable television, that are located on the opposite side of the road. The property owner will be responsible for the cost.
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