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Article 7 - Approval of Plans

As used in this Article 7, the term "Property" shall exclude Exempt Property, and shall be further limited to that portion of the remaining Property described in subparagraphs (1) and (2) of ¶1.15 and that portion of the additional Property described in subparagraph (3) and (4) of ¶1.15 if, and only to the extent that, the instruments adding such additional Property expressly adopt the provisions of this Article 7 with respect to such additional Property.

¶7.01 Requirement of Approval
¶7.02 Basis of Approval
¶7.03 Failure to Approve or Disapprove
¶7.04 Liability Relating to Approvals
¶7.05 Requirement of Completion; Notice of Completion, Non-completion or Non-compliance

7.01 Requirement of Approval: No improvement, change, construction, addition, excavation, landscaping, tree removal, or other work or action which in any way alters the exterior appearance of the Property from its theretofore natural or improved state (and no change, alteration, or other modification of any improvement or landscaping (whether or not theretofore approved hereunder), shall be commenced or continued until the same shall have first been approved in writing by the Committee in accordance with Muirfield Design Standards. Approval shall be requested by submission to the Committee of plans and specifications, in duplicate, showing the following:

(a) Existing and proposed land contours and grades;

(b) All Buildings, and other Improvements, access drives, and other improved areas, and the locations thereof on the site;

(c) All landscaping, including existing and proposed tree locations and planting areas (and specie thereof), mail boxes, and exterior ornamentation;

(d) Plans for all floors, cross sections and elevations, including projections and wing-walls;

(e) Exterior lighting plans;

(f) Walls, fencing, and screening;

(g) Patios, decks, pools, and porches;

(h) Signs and parking areas;

(i) Samples of materials to be used to the extent requested by the Committee; and

(j) Such other information, data, and drawings as may be reasonable requested by the Committee.

Specifications shall describe types of construction and exterior materials to be used, including, without limitation, the colors and manufacturers thereof, and shall otherwise be prepared according to the Muirfield Design Standards.

7.02 Basis of Approval: Approval shall be based, among other things, upon conformity and harmony of the proposed plans with Muirfield Design Standards and other structures in Muirfield Village; the effect of the location and use of Improvements on neighboring property; and conformity of the plans and specifications to the purpose and general intent of these Restrictions.

7.03 Failure to Approve or Disapprove: If the Committee fails either to approve or disapprove such plans and specifications within thirty (30) days after the same have been delivered to the Committee either personally or by certified mail, it shall be presumed that the Committee has approved said plans and specifications.

7.04 Liability Relating to Approvals: Neither Muirfield, the Committee, nor any member thereof, nor any of their respective heirs, personal representatives, successors or assigns, shall be liable to anyone submitting plans for approval by reason of mistakes in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any plans. Every person and entity who submits plans to the Committee agrees, by submission or such plans, that he or it will not bring any action or suit against the Committee or Muirfield to act or to recover any damages.

7.05 Requirement of Completion; Notice of Completion, Non-completion or Non-compliance: An Owner shall cause any Improvement in the Property to be diligently pursued to completion by such date as is twelve months after the date construction was commenced. Upon the completion of any Improvement in the Property, the person or entity who completed the same may file with the Committee a notice of completion and compliance which shall give rise to a conclusive presumption in favor of such person or entity and any Owner of the Assessable Unit on which the Improvement is located and any encumbrancers acting in good faith and for value that said Improvement is completed and in compliance with all provisions of this Article 7 and of ¶8.01, unless within thirty (30) days of said filing the Committee gives actual notice of non-compliance or non-completion. Notice of non-compliance or non-completion will be considered to be delivered when it is posted on or about the Improvement in question. In the event any Improvement in the Property is, by virtue of this ¶7.05, conclusively presumed to be completed and in compliance with all provisions of this Article 7 and of ¶8.01, such person or entity and any such Owner and any such encumbrancers may at any time request in writing that the Committee issue a certificate certifying that said Improvement is completed and in compliance with all provisions of the Article 7 and of ¶8.01, which certificate shall be issued by the Committee within 15 days of its receipt of written request therefore, and which certificate shall be conclusive evidence that said Improvement is completed and in compliance with all provisions of this Article 7 and of ¶8.01. The Committee may make a reasonable charge for the issuance of such certificates, which must be paid at the time that the request for such certificate is made.

Note: the Declaration has been retyped for readability purposes only. View a PDF of the entire Declaration (Warranty Deed) or the original signature page.
Declaration Table of Contents
Declaration Introduction
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17