ARTICLE 3 – LAND USES, PERMITTED USES AND RESTRICTIONS

3.1 Land Uses. … The Architectural Review Committee shall have the authority to make, modify and to enforce standards and restrictions governing the use of the Property in addition to those otherwise contained in this Declaration.

3.2       Architectural Guidelines

3.2.2 No derevegetation, excavation, grading, planting or revegetation work shall be performed within the Project without the prior written approval of the Architectural Review Committee.

3.2.3 No Improvement shall be constructed, installed or removed within the Project without the prior written approval of the Architectural Review Committee.

3.2.4 No addition, alteration, repair, change or other work which in any way alters the exterior appearance (including but without limitation, the exterior color scheme) of any property within the Project, or any Improvements located thereon, shall be made or done without the prior written approval of the Architectural Review Committee, nor (except as a prerogative of the Declarant as stipulated under this Declaration) shall any Lot be split, divided or further subdivided in any manner without the prior written approval of the Architectural Review Committee.

3.2.5 Any Owner or other Person desiring approval of the Architectural Review Committee for the construction, installation, addition, alteration, repair, change or replacement of any Improvement which would alter the exterior appearance of his, her or its Lot or other portion of the Project, or any Improvements located thereon, shall submit to the Architectural Review Committee a written request for approval specifying in detail the nature and extent of the construction, installation, addition, alteration, repair, change, replacement or other work which such Owner or other Person desires to perform. Any Owner or other Person requesting the approval of the Architectural Review Committee shall also submit to the Architectural Review Committee any additional information, plans and specifications which the Architectural Review Committee may reasonably request. In the event that the Architectural Review Committee fails to approve or disapprove an application for approval within forty-five (45) days after the application, together with all supporting information, plans and specifications required by the Architectural Review Committee Rules or reasonably requested by the Architectural Review Committee, have been submitted to it, approval will not be required and this Section will be deemed to have been complied with by the Owner or other Person who submitted such application for approval.

3.2.6 The approval by the Architectural Review Committee of any construction, installation, addition, alteration, repair, change, replacement or other work pursuant to this Section shall not be deemed a waiver of the Architectural Review Committee’s right to withhold approval of any similar construction, installation, addition, alteration, repair, change, replacement or other work subsequently submitted for approval.

3.2.7 Upon receipt of approval from the Architectural Review Committee for any construction, installation, addition, alteration, repair, change, replacement or other work, the Owner or other Person who has requested such approval shall proceed to perform, construct or make the installation, addition, alteration, or repair. change or other work approved by the Architectural Review Committee as soon as practicable and shall diligently pursue such work so that it is completed as soon as reasonably practicable and within such time as may be prescribed by the Architectural Review Committee.

3.2.8 Any change, deletion or addition to the plans and specifications approved by the Architectural Review Committee must be approved in writing by the Architectural Review Committee.

3.8 Antennas. Poles, Towers and Dishes. No television, radio, shortwave, microwave, satellite, flag or other antenna, pole, tower or dish shall be placed, constructed or maintained upon any Lot, Parcel or other part of the Property without prior approval of the Architectural Review Committee.

3.10 Trash Containers and Collection. No garbage or trash shall be placed or kept on any Lot, except in sanitary, covered containers of a type, size and style which are approved by the Architectural Review Committee. Trash receptacles must be kept inside garage or other approved enclosure. In no event shall such containers be maintained to be Visible from Neighboring Property except to make the same available for collection and then only for the shortest time reasonably necessary to affect such collection. All rubbish, trash or garbage shall be removed from Lots, Parcels and other property and shall not be allowed to accumulate thereon. No outdoor incinerators shall be maintained on any Lot, Parcel or other property.

3.25 Variances. The Architectural Review Committee may, at its option and in extenuating circumstances, grant variances from the restrictions set forth in this declaration, if an Architectural Review Committee determines in its discretion that: (a) a restriction would create an unreasonable hardship or burden on an Owner or Occupant; and (b) the variance will not have any substantial adverse effect on Owners and Occupants, in the sole discretion of the Architectural Review Committee, and is consistent with the high quality of life intended for all residents of Trappers Crossing.

3.32 Basketball Goals or Play Structures. Such structures may be allowed with prior written approval of the Architectural Review Committee (Subject to appearance and location).

3.34 Exterior Liqhtinq. Exterior lighting allowed and must be approved the Architectural Review Committee and conform with Weber County “Dark Sky Ordinances”.

3.38 Lot & Home Resale Siqnaqe. Any Home or Lot listed for resale (any sale after initial purchase from Declarant) can place one typical & professional real estate sign in size, design, and shape in front of the to be sold lot or home of the Sellers chosen real estate agency. The sign must be placed within 3 to 10 feet from back of curb. Any Lot owner selling their lot or home as a “For Sale by Owner” must provide a similar sign as referenced above as in size, design, shape, and location. All “For Sale by Owned’ signs must be approved by the Architectural Review Committee prior to installation.

ARTICLE 5

THE ASSOCIATION; ORGANIZATION; ASSOCIATION MEMBERSHIP AND VOTING RIGHTS

5.10 Architectural Review Committee

5.10.2 The Architectural Review Committee shall promulgate architectural design guidelines and standards, including, but not limited to, color palettes and plant materials to be used in rendering its decisions. The decision of the Architectural Review Committee shall be final on all matters submitted to it pursuant to this Declaration. As provided in Section 3.2.9 the Architectural Review Committee may establish a reasonable fee to defer the costs of considering any requests for approvals submitted to the Architectural Review Committee, which fee shall be paid at the time the request for approval is submitted. In the event of any conflict between this Declaration and any design guidelines adopted by the Architectural Review Committee, this Declaration shall control.