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information. The approvals required to be given by the ARC shall not be unreasonably <br />withheld. <br />9.4 Approval Standards. The ARC shall have the right to refuse to approve any <br />plans and specifications which are not suitable or desirable, in its sole and absolute discretion. <br />In approving or disapproving such plans and applications, the ARC shall consider, at a <br />minimum, the following criteria; <br />9.4.1 Substantial uniformity of color, size, location, type and design for <br />Dwellings and other Improvements in residential Neighborhoods with attached <br />housing or uniform design, requirements. <br />9.4.2 Comparable or better quality of materials as used in existing buildings <br />or other Improvements on the Property. <br />9.4.3 Ease of maintenance and repair. <br />9,4,4 Adequate protection of the Property, the Master Association, Owners <br />and Occupants, and Neighborhood Declarants from liability and liens arising out of the <br />proposed alterations. <br />9.4.5 Compliance with governmental laws, codes, ordinances and regulations. <br />9.4.6 Preservation of existing trees and vegetation, and the lakes and <br />wetlands located on or adjacent to the Property. <br />9.5 Notice of Decision, The ARC shall approve or disapprove the application and <br />notify the applicant in writing within thirty (30) days following the receipt of the application <br />and all related information. The notice shall sot forth the approval or denial of the application, <br />or any qualifications or conditions of approval. If the ARC disapproves the application, it shall <br />• state the grounds upon which the disapproval is based, Any applicant may appeal the decision <br />of the ARC to the Master Board within thirty (30) days of the ARC's decision. The Master <br />Board shall make its determination and notify the applicant within thirty (30) days of receipt <br />of the appeal. The determination of the Master Board shall be final and binding upon the <br />applicant; provided, that no Improvement shall be erected or shall be allowed to remain which <br />violates any of the covenants, conditions or restrictions contained in this Master Declaration, <br />or which violates any governmental law, zoning or building ordinance, or regulation. <br />9.6 Variances. The ARC may, in its sole discretion, grant variances from the <br />requirements contained herein or as elsewhere promulgated by the ARC, on a case by case <br />basis; provided, that the variance sought (i) involves unique circumstances, (ii) is reasonable <br />and (iii) does not impose a hardship upon other Owners, and (iv) does not violate any <br />governmental law, ordinance, code or regulation. The granting of such a variance by the ARC <br />20 <br />121110757v8 820716 8/15/05 <br />