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The criteria for approval shall include and require, at a minimum, the <br />standards set forth in Section 2 of this Declaration. <br /> <br />The restrictions and requirements in this Section shall not apply to the <br />construction by the Declarant of streets, utilities, ponds or other amenities or <br />facilities on the Property. <br /> <br /> 3.03 Review Procedures The following procedures shall govern requests for <br />construction of improvements or alterations under this Section: <br /> <br />When a site plan is required by the Declarant's City Code, that process shall <br />be completed in conjunction with the requirements of the covenants. <br /> <br />Detailed plans, specifications and related information regarding any <br />proposed improvement or alteration, in form and content acceptable to the <br />Board, shall be submitted to the Board at least 30 days prior to the projected <br />commencement of construction. No improvements or alterations shall be <br />commenced prior to approval. <br /> <br />The Board shall give the owner written notice of approval or disapproval, <br />Written notice of disapproval shall indicate reasons for disapproval and <br />shall, if practicable, specify the aspects of the request for construction of <br />improvements or altemations which are not acceptable. If the Board fails to <br />approve or disapprove within 30 days after receipt of said plans and <br />specifications and all other information requested by the Board, then <br />approval will not be required, and this Section shall be deemed to have been <br />fully complied with so long as the improvements or alterations are done in <br />accordance with the plans, specifications and related information which <br />were submitted. <br /> <br />If no request for approval is submitted, approval is denied, unless (t) the <br />improvements or alterations are reasonably visible~ and (2) no written notice <br />of the violation has been given to the owner on whose lot the improvement <br />or alteration is made by the Board or another owner, within six months <br />following the date of completion of the improvement or alterations. Notice <br />may be direct written notice or the commencement of a legal action by the <br />Board or an owner. The owner of the lot on which the improvement or <br />alteration is made shall have the burden of proof, by clear and convincing <br />evidence, that the improvement or alterations were completed and <br />reasonably visible for at least six months following completion. <br /> <br /> 3.04 Remedies for Violations The Board may undertake any measures, legal <br />or administrative, to enforce compliance with this Section and shall be entitled to recover, <br />from the owner causing or permitting the violation, all attorneys fees and costs of <br />enforcement, whether or not a legal action is started. Such attorneys fees and costs shall be <br />a lien against the owner's lot and a personal obligation of the owner. In addition, the <br />Board shall have the right to enter the owner's lot and to restore any part of the lot to its <br />prior condition if any improvements or alterations were made in violation of this Section, <br />and the cost of such restoration shall be a personal obligation of the owner and a lien <br />against the owner's lot. <br /> <br />Page 6 of 8 <br /> <br /> <br />