10670 N Central Expressway, Suite 470
Dallas, Texas 75231
APPLICATION FOR DESIGN APPROVAL
Date: ______
Lot Number: ______Date Owner Acquired Lot: ______
Name of Applicant/Lot Owner: ______
Architect: ______Builder: ______
Type of Plans submitted for Approval:______
______
Site Survey Showing House Location With Set Back Lines:______
House Specs:
Square Footage: ______Heated: ______Under Roof: ______
Foundation Type: Slab ______Concrete Pier and Beam______
Roof:______
Description of Exterior Materials and Percentages of Each:______
______
______
AC/Heat: ____Electric _____ Gas
Driveway Material:______.
OSSF Approved Design: Titus County Freshwater District MUST approve the OSSF design before this form is submitted to the Architectural Control Committee. Please attach approval from the Titus County Freshwater District.
Requested Variances: ______
______
______.
Landscape Proposal attached? ______yes ______no.
The Applicant acknowledges that no landscaping shall be undertaken and no building, fence, wall or other structure shall be commenced, erected, placed, maintained or altered on any Lot, nor shall any exterior painting of, exterior addition to, or alteration of, such items be made until all plans and specifications and a plot plan, along with paid applicable fees (see attached Fee Schedule) have been submitted to and approved by the Architectural Control Committee of the Peninsulas at Lake Bob Sandlin Home Owners Association (the “Committee”).
The Applicant hereby submits this application and the attached plans for approval by the Architectural Control Committee as to all of the following (collectively, the “Design Guidelines”):
A. Quality of workmanship and materials, adequacy of site dimensions, adequacy of structural design and proper facing of main elevation with respect to nearby streets;
B. Conformity and harmony of the external design, color, type and appearance of exterior surfaces and landscaping in relation to the various parts of the proposed improvements and in relation to improvements on other Lots in the Project; and
C. The other standards set forth within the Declaration (and any other guidelines established by the Committee) or matters in which the Committee has been vested with the authority to render a final interpretation and decision.
The Applicant acknowledges that the Committee is authorized and empowered to consider and review any and all aspects of construction and landscaping which may, in the reasonable opinion of the Committee, adversely affect the living enjoyment of one or more Owners or the general value of Lots in the Project. In considering the harmony of external design between existing structures and the proposed building being erected, placed or altered, the Committee shall consider only the general appearance of the proposed building as that can be determined from front, rear and side elevations on the plans that are submitted to the Committee.
Requirements for Approval.
PLAN SUBMISSION: Final plans and specifications shall be submitted in duplicate by certified mail or by actual delivery to the Committee at 10670 N Central Expressway, Suite 470, Dallas, Texas 75231.
CONTENT OF PLANS: The plans and specifications shall show the nature, kind, shape, height, materials and location of all landscaping and improvements. The documents shall specify any requested variance from the setback lines and any other requirement set forth in this Declaration. The Committee is authorized to request the submission of samples of proposed construction materials.
COMMITTEE PROCEDURE: At such time as the plans and specifications meet the approval of the Committee, one complete set of plans and specifications will be retained by the Committee and the other complete set of plans shall be marked "Approved", signed by a majority of the Committee and returned to the Owner or his designated representative. If disapproved by the Committee, one set of such plans shall be returned marked "Disapproved" and shall be accompanied by a reasonable written statement that sets forth the reasons for disapproval, which statement shall be signed by a majority of the Committee. Any modification of the approved set of plans and specifications must again be submitted to the Committee for its approval. The Committee's approval or disapproval, as required herein, shall be in writing. In no event shall the Committee give verbal approval of any plans. If the Committee fails to approve or disapprove such plans and specifications within 30 days after the date of submission, such plans and specifications shall be deemed approved. In case of a Dispute about whether the Committee responded within such time period, the person submitting the plans shall have the burden of establishing that the Committee received the plans. The Committee's receipt of the plans may be established by a signed certified mail receipt or a signed delivery receipt.
SIGN REQUIREMENT: Once plans are approved, the Owner shall be required to place a sign containing a color rendition of the proposed residence on the Lot at all time prior to construction. Such sign must be constructed of wood framing as directed by the Committee.
COMMITTEE STANDARDS: The Committee shall have sole discretion with respect to taste, design standards and other Design Guidelines that are specified herein. One objective of the Committee is to prevent unusual, radical, curious, odd, bizarre, peculiar or irregular structures from being built on the Property. The Committee shall also have the authority to prohibit the use of light-weight composition roof material, to require that the colors of roofing materials be earth tones and generally to require that any plans meet the standards of the existing Improvements on neighboring Lots on the Property. The Committee may from time to time adopt such procedural and substantive rules, to the extent not in conflict with the Governing Documents, as it may deem necessary or proper for the performance of its duties, including any additional Design Guidelines and publish and promulgate bulletins regarding such additional Design Guidelines, which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and intention of the Declaration.
WAIVER: Circumstances may warrant waiver or variance of the Design Guidelines. To obtain a waiver or variance, an Owner must make written application to the Committee and the Committee will consider such request and respond to the Owner within 30 days. If the application is approved, the waiver or variance must be in writing, and may be conditioned or otherwise limited. If the Committee fails to approve or disapprove of an Owner's written application for a waiver within 30 days after the date of submission, such waiver shall be deemed approved.
THE OWNER, MAKING OR CAUSING TO BE MADE SUCH ADDITIONS, ALTERATIONS OR IMPROVEMENTS, AGREES, AND SHALL BE DEEMED TO HAVE AGREED, FOR SUCH OWNER, TO HOLD THE COMMITTEE, THE ASSOCIATION, DECLARANT AND ALL OTHER OWNERS HARMLESS FROM AND TO INDEMNIFY THEM FOR ANY LIABILITY OR DAMAGE TO THE PROPERTY RESULTING FROM SUCH ADDITIONS, ALTERATIONS OR IMPROVEMENTS. ANY OTHER OWNER SUBMITTING PLANS HEREUNDER, BY DISSEMINATION OF THE SAME, AND ANY OWNER, BY ACQUIRING TITLE TO THE SAME, AGREES NOT TO SEEK DAMAGES FROM THE COMMITTEE, ARISING OUT OF THE COMMITTEE'S REVIEW OF ANY PLANS HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMMITTEE SHALL NOT BE RESPONSIBLE FOR REVIEWING, NOR SHALL ITS REVIEW OF ANY PLANS BE DEEMED APPROVAL OF, ANY PLANS FROM THE STANDPOINT OF THE STRUCTURAL SAFETY, SOUNDNESS, WORKMANSHIP, MATERIALS, USEFULNESS, CONFORMITY WITH BUILDING OR OTHER CODES OR INDUSTRY STANDARDS OR COMPLIANCE WITH THE GOVERNING DOCUMENTS AND ALL LEGAL REQUIREMENTS. FURTHER, EACH OWNER AGREES TO INDEMNIFY AND HOLD THE COMMITTEE AND ITS RESPECTIVE OFFICERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, DAMAGES, EXPENSES OR LIABILITIES WHATSOEVER, ARISING AS A RESULT OF THE REVIEW OF ANY PLANS HEREUNDER
THE APPLICANT ACKNOWLEDGES AND ACCEPTS THE TERMS AND CONDITIONS FOUND IN THIS APPLICATION FOR APPROVAL ALONG WITH THE TERMS AND CONDITIONS OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE PENINSULAS AT LAKE BOB SANDLIN HOME OWNERS ASSOCIATION, INC.
Applicant Signature: ______Date: ______