ARTICLE VII
Architectural Control Committee
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7.1 Purpose. In order to create, maintain and improve the Project as a pleasant and desirable environment, to establish and preserve a consistent and harmonious design for the community and to protect and promote the value of the Property, all exterior design, landscaping and changes or alterations to existing use, landscaping and exterior design and development shall be subject to design review by the Architectural Control Committee (the "Committee"). Notwithstanding the foregoing, Declarant shall not be subject to design review by the Committee at any time.
7.2 Creation. The Committee shall consist of three (3) persons, the majority of which shall constitute a quorum, and the concurrence of the majority shall be necessary to carry out the provisions applicable to the Committee. In the event of death or resignation of any of the Committee members, the surviving members of the Committee shall have full authority to appoint another person to fill the said vacancy. The initial Committee will consist of three (3) persons to be appointed by Declarant in its sole discretion for so long as it remains a Class B Member of the Association. After Declarant is no longer a Class B Member of the Association, the initial Committee shall be released from responsibility and a new Committee shall be selected which shall consist of three (3) members, who will be elected by the Members as set forth below. The term for which each Committee member shall serve shall be four (4) years, plus any time required to duly select a successor Committee member, unless such member shall have died or resigned prior to such time. The members on the Committee shall be elected by a twothirds (2/3) majority vote of the Members voting in person or by proxy, at a meeting duly called for that purpose. No member may serve on the Committee for more than two (2) consecutive terms at a time. Except for the initial Committee appointed by Declarant, all members of the Committee must be Owners at the time of their appointment. Should any Committee member move his or her residence outside of the Project, such member shall automatically be deemed to have resigned and the Committee shall declare a vacancy and a new Committee member shall be elected in accordance with the provisions above. In the event of violation of any of the provisions of this Declaration, the Committee isauthorized and empowered to take such action as may be necessary to restrain or enjoin the violations of applicable governmental codes and regulations and these. covenants. All costs, including attorneys' fees, of such enforcement shall be borne by the Owners who are in violation of this Declaration.
7.3 Powers. The Committee is hereby authorized to perform (or to retain the services of one or more consulting architects, landscape architects, or urban designers, who need not be licensed to practice in the State of Utah, to advise and assist the Committee in performing) the design review functions prescribed in this Declaration and the Association's Bylaws and to carry out the provisions set forth in this Declaration and the Association's Bylaws. The Committee is hereby authorized to collect a reasonable Design Review Fee from each Lot Owner, in an amount to be determined by the Committee before any new construction, alteration, remodeling or other construction plans shall be reviewed or approved by the Committee. The Design Review Fee will be used by the Committee to pay the costs of architects and other professionals retained by the Committee to review home plans. Lot Owners areencouraged to submit renderings and preliminary schematic drawings to the Committee as soon as possible in order to avoid unnecessary revision and delays in constructions. Notwithstanding the foregoing, Declarant shall not be required to pay any Design Review Fees at any time.
7.4 Design Guidelines. The Declarant has adopted, or will adopt, there are certain Design Guidelines (the "Design Guidelines") for use by the Committee in fulfilling the Committee's obligations described herein, which Guidelines may include (among other things) rules and regulations that state the general design theme of the Project, specific design requirements, and general construction procedures that will or will not be allowed in the Project. A copy of the Design Guidelines which are in effect for the Project shall be maintained by the Committee and shall be available from the Committee upon written request. The Design Guidelines may be amended by the Committee or Declarant; provided, however, that as long as Declarant owns a Lot, all amendments to the Design Guidelines must be approved by Declarant. Any amendments to the Design Guidelines shall apply to construction and modification of structures and improvements after the date of such amendment only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced. There are certain Design Guidelines (the “Design Guidelines”), for the use by the Committee in fulfilling the Committee’s obligations described herein, which Design Guidelines may include (among other things) rules and regulations that state the general design theme of the Project, specific design requirements, and general construction procedures that will or will not be allowed in the Project. A copy of the Design Guidelines which are in effect for the Project shall be maintained by the Committee and shall be available from the Committee upon written request. The Design Guidelines may be amended by the Board. Any amendments to the Design Guidelines shall apply to construction and modification of structures and improvements after the date of such amendment only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced.
7.5 Master Development Agreement. The Design Guidelines and approval process established under this Article 7 is intended to be in addition to, and not in place of, any technical guidelines and/or other design review process with the South Hills Design Review Committee, as and to the extent set forth under the Master Development Agreement for South Hills.