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Peninsula (B)DESIGN GUIDELINES FOR THE PENINSULA The following are architectural design guidelines (the "Design Guidelines") which govern the design, construction and landsc~aping of all homes in The Peninsula (the "Subdivision"). The Architectural Review Board (the "ARB"), which of this date consists of Deborah Sweat and others at Pathway Communities, designated by her, will administer these Guidelines and the Declaration of Covenants and Restrictions for The Peninsula (the "Declaration") which is supplemental to these Guidelines and is incorporated herein by this reference. The approvals required herein shall be granted or withheld by the ARB solely on the basis of the determination of the ARB as to whether a request for approval complies with these guidelines and the Declaration. In order to facilitate and expedite the approval process, any party (a "Builder"} planning the construction of a home or landscaping or performing any other work on any lot (a "Lot") in the Subdivision should review these Guidelines in conjunction with such planning and consult with the ARB with regard to the provisions of the Guidelines and/or the Declaration prior to the commencement of construction. Upon the completion of construction and the sale of the property to a resident homeowner (the "Homeowner"), these Guidelines shall continue to be applicable to any changes or modifications made by the Homeowner to the improvement and the landscaping on the Lot. The intended purpose of these Guidelines is to assure that all dwellings, other buildings and landscaping constructed, erected, placed or installed in the Subdivision shall be substantially the same in terms of quality of workmanship, materials and appearance. * Special Note: The Builder's attention is also drawn to the Peachtree City Erosion Control Ordinance governing, among other things, the use and protection of buffer areas, as well as the requirements for Lots adjacent to streams, ponds, lakes, etc. G:\WP\DEBORAH\PENINSULAGUIDELINES.wpd/10/18/00 RESIDENTIAL DWELLINGS 1. Square Footage. The main residential structure for a ranch on any Lot in the Subdivision shall not have less than 2800 square feet of finished, enclosed or heated area. The main residential structure for a two-story on any Lot in the Subdivision shall not have less than 3000 square feet of finished, enclosed or heated area. This heated, enclosed living area is exclusive, except where otherwise permitted, of garages, porches, unfinished "bonus" areas, and basements at the time of the sale of such Lot by the Builder to a Homeowner. 2. Height. The main residential structure on any Lot shall not exceed three stories in height above grade as viewed from street level. 3. Residence Orientation. The main residential structure shall face the front of the Lot except as provided herein. Where corner Lots allow for the orientation of the main residential dwellings to be corner-oriented, such orientation shall be allowed with ARB approval. 4. Special Lot Requirements. The main residential structure on Lot 1 shall face Peninsula Drive (the front of the Lot) with the garage located on the left side away from the entrance drive. The main residential structure on Lot 54 shall be located with front elevation in direct view of drive around landscaped circle and with garage located on left side adjacent to recreation area. GARAGES, DRIVEWAYS, and SIDEWALKS 1. Height. All homes shall be constructed with garages which, if detached from the main house structure, shall not exceed 25 feet in height as measured from the paved parking pad to the apex of the roof. 2. Size. No garages shall be constructed on any Lot of a size less than is necessary for the housing of two standard size (7' x 20') automobiles or for more than three standard size automobiles. Garages housing four or more automobiles and additional bays for golf cart storage shall receive special approval by the ARB. 3. Garage Orientation. Garages shall open to the side, unless otherwise approved by the ARB, for those Lots with no alley access. Front-entry garages, as approved by the ARB, shall be set back from the front plane of the house and shall have special architectural detailing on the front of the garage to reduce the impact from the street. For those Lots with driveway access from a common paved alley adjacent or to the rear of each Lot, garages shall open to the rear or side and shall be located no nearer than thirty (30) feet to the rear property line. 4. Garage Doors. All garage doors (except pedestrian doors) shall be equipped with electric actuators. Garage doors shall be coordinated with all structures on the Lot, and materials and colors for such doors shall be specified on the plans submitted to the ARB for approval. 5. Driveways. Driveways shall be constructed to take the best advantage of existing trees, topography and landscape planning. For those Lots with no alley access, driveways shall be located no nearer than five (5) feet to the side property line to allow for landscape screening of garage doors and landscape buffering between adjacent driveways. Circular driveways and driveways to access lower level (basement) garage parking shall receive special ARB approval and may have additional landscape requirements. 6. Corner Lot Driveways. All driveways on corner Lots shall be located away from the corner. 7. Materials. Driveways shall be paved with concrete, exposed concrete aggregate, stamped concrete, or brick. The natural color of concrete shall not be altered with tints or stains unless approved in writing from the ARB. 8. Finishin.q. All concrete driveways shall have a light broom finish unless a similar texture is provided by stamped or exposed aggregate concrete, and joints shall be provided to control surface cracking. 9. Width. Driveways shall be a minimum of ten (10) feet and a maximum of sixteen (16) feet in width as measured at the street right-of-way. Private cart paths shall be a maximum of six (6) feet in width and shall be subject to approval by the ARB. 10. Sidewalks. The Builder shall install a four (4) foot concrete sidewalk three (3) feet from the back of the curb on Lots 45 through 54 and Lots 21 through 34. The area between the curb and sidewalk shall be sodded. For Lots 21 through 34, sidewalks shall be installed for access between the front porch and the street sidewalk. SITE PLANNING AND LANDSCAPING Whenever possible, the landscape setting in this residential development shall retain existing natural features and native plant materials. Rock out-croppings, stands of mature hardwoods, and significant vistas may be several of the existing characteristics. Where changes to the existing terrain or removal of existing vegetation is necessary, the site will be regraded to blend with adjoining slopes and replanted with species indigenous to the area. Limited use of non-indigenous plant materials for ornamental purposes may be appropriate but may be subject to review. In an effort to minimize erosion and drainage problems in this residential development, site grading and landscape plans shall be submitted to the ARB for review and approval with drawings submitted for initial review. 1. Site Planning and Desi.qn. All structures with related improvements, paved and open areas, shall be located on each Lot to: (a) Minimize changes in existing topography (b) Preserve existing trees and vegetation to the maximum extent possible (c) Control drainage and prevent erosion (d) Create prime views and conceal unsightly areas 2. Site Plan. A comprehensive site plan shall be submitted to the ARB for review and approval with drawings submitted for initial review. Site plans shall be drawn to scale and shall, as a minimum, contain the following information: (a) Street elevations and proposed foundation and finished floor elevations (b) Existing and proposed grades (c) Proposed drainage for areas to be cleared and disturbed (d) Proposed erosion and sedimentation control (e) Tree preservation areas 3. Landscape Plan. Homesites in the community shall have specific requirements for planted and lawn areas. Corner Lots and those with side or rear yards visible from recreation areas and amenity sites shall have these side and rear yards landscaped to established minimum requirements. Landscaping not completed prior to closing shall be installed by the Builder or Homeowner within thirty (30) days of occupancy, weather permitting and as required by the ARB. Prior to installation of any landscaping or removal of existing vegetation, except as provided in Section IV of these guidelines, a landscape plan shall be submitted to the ARB for approval. Such plan shall be drawn to scale and shall, as a minimum, contain the following information: (a) The name of the Subdivision, Builder or Homeowner, the landscape architect or person preparing the plan and the Lot number (b)Location of tree save areas and sodded areas (c) Location of areas to be landscaped and indication of the type, number, and size of trees and shrubs to be used (d) Location of driveways, walks, retaining walls and other improvements 4. Landscape Guidelines. In general, shrubs shall be sized and set at a proper spacing so as to give a full and mature appearance after one (1) growing season. Natural wooded areas shall be supplemented with additional landscaping materials to cover areas that are bare and/or to control areas in which erosion may occur. Additionally, foundation planting shall be implemented on the dwelling front, as a minimum, and also dwelling side(s) for those dwellings on corner Lots. 5. Trenched Areas. All trenched areas shall be filled and compacted so as to remain level with land adjacent to such areas. 6. Tree Removal. No pine trees having a diameter of four (4) inches or greater (measured two (2) feet above ground level) and no hardwood trees greater than six (6) feet in height may be removed without prior written approval or as provided herein. Trees that are located within five (5) feet of a residence or any diseased, dead or hazardous trees needing to be removed to promote the growth of other trees or for safety reasons may be removed without the written consent of the ARB. Tree removal shall be selective, replacing less desirable or valuable trees with more desirable specimens when necessary. 7. Sodding. That portion of the front, rear and side yards of any Lot not landscaped with planting beds or left in a natural wooded setting shall be 100% sodded with Bermuda or Zoysia sod. Sod requirements for those rear yards with special considerations such as water quality features and easements shall be determined by the ARB on a per case basis. All right-of-ways and the area between the sidewalk and street curb shall be sodded. Unless otherwise approved in writing from the ARB, pinestraw is not an acceptable substitute for sod on sloping Lots or those Lots with extreme topographical conditions. 8. Front Yard Trees. At the time of final landscaping, each Lot shall receive a minimum of two (2) three to four inch caliper trees or four (4) two and one-half to three inch caliper hardwood trees to be located on site between the house and street. A selection of hardwood trees to choose from shall be determined by the ARB. 9. islands. For the purposes of these Guidelines, islands are defined as landscaped areas which are surrounded by sod on three or four sides. Mulched islands around existing trees are desirable and recommended, however, overuse of mulched islands can detract from the overall landscape effect. The only landscaped islands allowed in front yards shall be those with preserved existing trees and the size of such islands shall not exceed four (4) feet beyond the tree line at any point. Newly created islands in front yards having no preserved existing trees shall not be allowed unless otherwise approved in writing by the ARB after review of a comprehensive landscape plan. Gravel and stone are not acceptable for use as ground covers unless otherwise approved by the ARB. 10. Undeveloped Lots. Each Builder shall be responsible for the maintenance of undeveloped Lots in the community including, but not limited to, the periodic removal of windblown or damaged trees, trash pick-up and construction debris, as needed or as required by the ARB. 11. Special Landscape Requirements. If significant tree preservation and buffer areas are not maintained between the driveway and the side property line, evergreen vegetation shall be required to screen view of the garage doors from adjacent homes. Air conditioning units, meters and trash receptacles shall also be screened from view. IV. BUILDING CLEARING AND CONSTRUCTION 1. In no event shall the Builder or Homeowner allow any clearing, grading or cutting of trees on the Lot prior to approval of a comprehensive site plan by the ARB and receipt of a development permit. 2. There shall be no clearing in excess of five (5) feet beyond the building pad or three (3) feet beyond the driveway without the prior written approval of the ARB. 3. Notwithstanding the foregoing, the clearing of the rear portion of any Lot up to a maximum of thirty (30) feet from the main plane of the largest portion of the rear of the primary residential structure is allowed to provide sufficient area for a rear yard. Clearing beyond the thirty (30) foot limit requires prior written approval of the ARB. The Builder's attention is also drawn to applicable erosion ordinances governing, among other things, the use and protection of buffer areas, as well as the requirements for Lots adjacent to streams, ponds, lakes, etc. 4. For conditions relative to the removal of trees, see Section III. 5. During approved construction, all vehicles in any way connected with such construction shall enter the Lot or Lots under construction only by the driveway as approved in the plans and specifications by the ARB. In no event shall any driveways other than those approved by the ARB be constructed or used for temporary access to any Lot. All vehicles shall be parked at Lot so as to avoid damage to trees, paving, curbs, gutters and any other improvements on the Lot or adjacent Lots. 6. Construction debris shall be removed as often as necessary to keep the Lot and any structure thereon attractive. Construction debris shall not be dumped in any area of the Subdivision or on any undeveloped Lot unless approved in writing by the ARB. 7. Lots shall be graded in such a manner so as not to block any natural or manmade swales, ditches or drainage structures. Earth and hay berms shall be installed on Lots by the Builder or Homeowner thereof when, in the opinion of the ARB, such Lot may erode due to topography. Whenever possible, Lots shall drain independently rather than to adjoining Lots. Builder or Homeowner shall be held responsible for any damage caused to any stream, pond, lake, or adjoining Lot(s) by erosion. 8. ~nitial construction of residential dwellings shall be completed within one year after a development permit has been issued unless extended by the ARB in its sole discretion. Completion of a dwelling shall mean that a certificate of occupancy has been issued by the appropriate jurisdiction. V. BUILDING LOCATION 1. Set Back Lines. For a complete outline of setback requirements for Lots in The Peninsula, see the Addendum at the end of these Guidelines. With the exception of allowances for fences, no accessory building or other improvements (pools, decks, outbuildings, etc.) shall be located on any Lot in the Subdivision nearer than ten (10) feet to the side or rear property lines. Exceptions shall be made for those Lots with special setback or easement requirements. 2. Retaining Walls. The main structure shall be located on the site to de- emphasize any retaining walls and to prevent their excessive use on uphill Lots for door or garage door openings on the rear or side elevations. Estimated heights, locations and finished materials of all retaining walls shall be noted on the site or landscaping plan and are subject to approval by the ARB. Finish materials of retaining walls and foundation walls shall be consistent unless otherwise approved by the ARB. VI. SIGNS & BILLBOARDS 1. Signs (Generally). No signs shall be permitted on any Lot in the Subdivision except as provided herein. All signs shall be posted and erected in accordance with any requirements set forth in these guidelines and all signs shall be professionally lettered and prepared. The ARB reserves the right to restrict the size, content, color, lettering, design, placement and duration of display of any approved or permitted sign. 2. Sign Design. On individual residential Lots as to which permits have been issued by Pathway Communities, one sign of the design specified and required may be placed on each Lot. 3. Pre-Sold or Contract Houses. With regard to contract or pre-sold houses, the Builder may display on the sign referred to in Item 2 above an indication that any such house has been "pre-sold" or is "under contract". 4. Model Houses. With regard to model houses that have been approved by the ARB, the Builder may display a sign on a Lot upon which a completely constructed and landscaped model house has been erected indicating such house represents that Builder's model product for the Subdivision. Such sign shall not exceed twenty (20) square feet in area and shall be professionally fabricated and installed. Prior to installation of said signage, the proposed design, size and format, materials and color shall be submitted to the ARB for approval. The approved sign may be installed but shall replace any signage provided for in VI-2 of these guidelines. 5. Garage Sales, Etc. Signs pertaining to garage sales, legal proceedings, political campaigns, "for sale" or "for rent" signs and other such signs, which do not exceed a four (4) square feet area, are allowed and are not subject to approval, provided, however, no more than three (3) signs shall be placed concurrently on any Lot. No signs, unless specifically approved in writing from the ARB, may be placed on any common property, greenbelt or entrance areas to the development. 6. Removal. Pathway Communities, the ARB and their agents shall have the right to enter upon any Lot to remove any sign not complying with the foregoing. VII. ELEVATION 1. Multi-fronted Lots. The side and rear elevations of the improvements constructed on all multiple-fronted Lots in the Subdivision shall receive as much attention to design and detail as the front elevation of such improvements, and may have additional requirements. VIII. EXTERIOR COLORS AND MATERIALS 1. Approval. Any request for the approval of exterior colors or materials shall be presented in such a manner that the ARB can determine how the color or material will appear on the structure to which it is to be applied. Builder or Homeowner may be required to submit actual color and material samples for review by the ARB. Exterior color selections shall be submitted for review and approval by the ARB prior to implementation. 2. Exterior Colors and Materials. All exterior colors and materials of all structures shall be submitted to the ARB for approval and shall be subject to the color and material guidelines contained in these Design Guidelines. 3. Change of Color and Materials. No Builder or Homeowner shall change the exterior colors or materials of any residence or garage without the prior written approval of the ARB. Changes in color to the interior of screened porches, patios and similar portions of any dwelling visible from outside the structures shall be subject to ARB approval. 4. Materials and Colors Guidelines A. Materials (1) A minimum number of exterior materials shall be used on structures to avoid a cluttered appearance. Where two materials are used, in addition to glass, one shall be dominant. (2) material in texture and color. (3) Acceptable materials include: Secondary materials, when used, shall complement the dominant (a) Wood, hardboard, or hardi-plank siding (b) Brick, stone and stucco (c) Natural cedar shakes and slate shingles (d) Dimensional or architectural fiberglass/asphalt shingles (e) Wood, metal or vinyl garage doors of simple design (f) A higher grade or quality of vinyl trimwork, and detailing may be allowed with special approval from the ARB (4)Unacceptable materials include: (a) Artificial brick or vinyl siding (b) Color coatings which simulate natural materials (c) Unnatural tones of brick, stone and concrete (d) Visible mill (silver) finish and aluminum flashing (e) Unfinished standard concrete masonry units (blocks) (5) The exterior materials of all structures on all Lots shall be harmonious and complementary. B. Colors (1) The exterior colors of the walls and roof of a residential structure shall be compatible and harmonious with the colors of nearby residential structures within the Subdivision. Highly reflective and neon colors shall be avoided. (2) A minimum number of exterior colors shall be used. When more than one color is used, one shall be clearly dominant. (3) Secondary colors shall be compatible with the dominant colors and shall be limited to architectural details such as fascia frames and other building trim. (4) High contrast colors shall be limited to architectural elements such as entry doors and shutters. (5) Builders are encouraged to limit the exterior color selections so that the colors of walls of adjacent structures shall not be the same or within several shades as determined by the ARB. (6) Unless approved in writing from the ARB the natural color of brick, stone and concrete shall not be altered with paint, tints, or stain. IX. ROOFS 1. Roof Pitches. The minimum allowable roof pitch shall be 8/12 on the primary roof and front-facing gables or as herein provided. The minimum allowable roof pitch for other roof configurations shall be 6/12 except as approved by the ARB for porches and other accent rooflines: 2. Shed-Type Roof. Shed-type roofs having an area in excess of sixty (60) square feet of roof are prohibited, unless in the opinion of the ARB, this roof type represents a significant architectural element in the house design. 3. Roofing Material. Roof materials may be standing or batten seam metal, copper, metal shingles, clay tile, slate, concrete tile, fiberglass/asphalt shingles or similar roofing material. 4. Roof Surfaces. Large expanses of roof shall be broken up with dormers or other elements significant to the house design and as required by the ARB. 5. Colors. Roof material colors shall be of dark brown, black, charcoal, and similar hues. Metal roof materials sha~l be also limited to these colors, natural tones, or copper tones unless otherwise approved by the ARB on a per case basis. X. ROOF ACCESSORIES 1. Stack Vents, Etc. All stack vents, attic ventilators, and similar roof penetrations shall be located on the rear slope of the roof such that they cannot be viewed from the street on which the main residential dwelling fronts. 2. Roof Accessories. All exposed roof accessories including, without limitation, stack vents, roof flashings, attic ventilators, metal chimney caps, skylight curbs and solar collector frames shall match or be painted to match the color of the roofing material or shall be of a compatible color. XI. VENEER MATERIAL USAGE 1. Foundation Materials. Foundation walls exposed to view below the main level floor line shall have masonry veneer compatible with the materials on the exterior of the house. 2. Wall Coverage. A material covering 60% or more of the front elevation shall be considered to be the dominant wall material. If masonry is used as the dominant material on the front, it shall cover the front, rear and two sides, minimum. Secondary materials when used on the front shall wrap the corner as determined by the design of the ]2 home and as approved by the ARB. 3. Limitations. To promote better variety in the streetscape, stucco when used as the dominant front elevation material shall not be repeated more than three (3) homes in a row. 4. Masonry Defined. Masonry, as used herein, shall include brick, brick veneer, stone, stone veneer, stucco or other masonry type construction or a combination thereof. 5. Stucco. Stucco exteriors shall be adorned with quoins, shutters, detailed trimwork, etc. or have a secondary wall or foundation material such as brick or stone. CHIMNEYS 1. Materials. All fireplace chimneys shall be of masonry or masonry veneer. A painted metal shroud-type cap shall be installed on all chimneys. 2. Suspended Chimneys. All fireplace chimneys, regardless of the location and whether the fireplaces are wood burning or direct vent, shall be continuous in structural form from elevation grade to chimney cap. Chimneys shall not be cantilevered, suspended or supported with brackets and similar architectural elements. ANTENNAE No radio or TV receiving or transmission antennae or dish antennae shall be permitted without ARB approval. No aerial-type TV antennae attached to any portion of the home shall be permitted. Satellite dishes shall not be visible from the street. WINDOWS, DOORS AND SCREENS 1. Materials & Type. Windows and doors shall be of wood unless a sample of another material has been submitted to and approved by the ARB. Exterior doors shall be of metal, fiberglass or wood and are subject to approval. 2. Tinted Glass. Tinted window glazing is permitted, however, reflecting glazing is not. 3. Mill-finish Aluminum. Windows, screens, sliding glass doors and aluminum t3 frames for fixed glass (such as storm windows) with a silver "mill" finish appearance are prohibited. 4. Exception. Solarium window units may be bronzed anodized or white aluminum if not visible from the street. Leaded, beveled or similar type glass in wood frame is acceptable. 5. Window Treatments. All window treatments shall be of a neutral or white color on the side exposed to view from the exterior of the house. XV. DISBURSEMENT OF HOUSING STYLES Residences having same or similar floor plans, regardless of the front elevations, shall not be constructed more than two (2) times within the community with an eight (8) Lot separation, minimum. TEMPORARY STRUCTURES 1. Temporary Structures, Construction or Use. With ARB approval, a Builder who is constructing a residential dwelling on a Lot may, during the period of construction of such dwelling, erect, place or maintain on a Lot facilities which may include model houses, signs, portable toilet facilities and construction refuse dumpsters. 2. Construction Office. Construction offices and storage areas shall not be permitted without the prior written approval of the ARB. XVII. ACCESSORY BUILDINGS No accessory building structures may be placed, erected, moved or maintained on any Lot in the Subdivision except with the prior written approval of the ARB. Such structures must be architecturally consistent with the main residential structure in terms of design, materials and color and are designed, located and constructed to minimize its visual impact within the Subdivision. Additional landscape screening may be required by the ARB based on the visibility of the structure. Prefabricated metal buildings shall not be permitted. Construction of all accessory buildings shall be completed within ninety (90) days after a permit has been issued unless extended by the ARB in its sole discretion. Accessory buildings greater in size than 10 feet x 10 feet shall receive special ARB approval and may be subject to additional requirements. Accessory buildings designed and oversized to store recreational vehicles shall not be permitted on any Lot in the Subdivision. XVIII. FENCE CRITERIA 1. Approval Required. No fence shall be constructed, installed or maintained in the Subdivision without the prior written approval of the ARB. Construction on all fences shall be completed within ninety (90) days after a permit has been issued unless extended by the ARB in its sole discretion. 2. Fence Styles and Materials. All fences shall comply.with the following requirements: (a) Fences shall be limited to a maximum height of six (6) feet except as provided herein. Fence posts, columns, or decorative elements may be up to twelve (12) inches higher than the maximum fence height. The only fences allowed in front yard setbacks are four (4) foot maximum height of open-picket or wood rail without any wire backing. (b) Privacy structures and courtyard enclosures shall be limited to a maximum height of six (6) feet and shall be constructed, installed and maintained in such a manner that they are architecturally compatible with the main residential structure on the Lot and shall comply with all front, side and rear building setback requirements. (c) With respect to Lots which have a rear or side line fronting on a street or a greenbelt adjacent to a street, the fencing with respect to that portion of the rear yard and/or side yard adjacent to the street or greenbelt shall be a decorative wood fence or other material of open or solid design to provide for privacy. In the event existing vegetation does not, in the sole opinion of the ARB, adequately screen the fence from street view, additional planting shall be required. (d) In no event shall any privacy structures, courtyard enclosures or fences restrict the view of significant vistas such as a pond or lake from adjacent dwellings. t5 (e) At the sole discretion of the ARB, additional planting may be required as a condition to the installation of fences with respect to Lot lines adjacent to greenbelts with cart paths. (f) There are no setbacks for fences and they may be installed on the property line. Exceptions shall be made for those Lots with special setback or easement requirements. (g) Fences, privacy structures and courtyard enclosures shall be professionally fabricated and installed as approved, and shall be maintained at all times. 3. Types and Styles Prohibited. No chain link fence, except in conjunction with a tennis court, or wire fence, except in conjunction with a wood rail fence, of any type shall be permitted. 4. Tennis Court Fencing. The use of chain link fencing surrounding a tennis court is permissible provided the fencing is vinyl coated so as to subdue its galvanized appearance and visibly blend with the natural surroundings. The maximum height of fencing surrounding a tennis court shall be ten (10) feet above grade. 6. Lot Front Orientation. That podion of the fence facing the front Lot line or any street shall be constructed in such a manner that it is architecturally compatible with the main residential structure in terms of design, color and materials. XIX. ENERGY CONSERVATION EQUIPMENT No solar energy panels, attendant hardware or other energy conservation equipment shall be constructed or installed on the main residential dwelling, the garage or any outbuilding without the prior written approval of the ARB. Among the considerations given by the ARB to the approval of energy conservation equipment will be its determination, in its sole opinion, as to whether the same are an integral and harmonious part of the architectural design of the structure to which such equipment is to be attached. Construction of all energy conservation equipment shall be completed within ninety (90) days after a permit has been issued unless extended by the ARB in its sole discretion. ]6 XX. LIGHTING All exterior lighting shall be consistent with the character of the Subdivision and shall be limited to the minimum necessary for safety, identification, and decoration. The source of lighting shall not be visible from streets and other common areas and no color lens or lamps are permitted. No lighting of tennis courts is permitted and seasonal decorative lighting shall be removed no later than two weeks following the actual holiday. Light from security lighting fixtures, spotlights and floodlights shall not be directed onto adjoining Lots or common areas and sha~l be removed or shielded if such lighting constitutes a nuisance as determined by the ARB. XXI. MAILBOXES All mailboxes shall be a black standard U.S. Postal Office mailbox, size 1 ½, and shall be mounted on the standard post chosen from a selection as approved by the ARB. No variances from this standard will be approved by the ARB. Application shall be made to the ARB prior to the replacement of any mailbox in the community. Placement of mailboxes shall be consistent throughout the community. XXII. SWIMMING POOLS 1. No above-ground swimming pools shall be permitted. 2. Construction of in-ground swimming pools, including decks or paved areas surrounding any such pool, shall require ARB approval and shall comply with all safety requirements of any governmental authority, state or municipal, having jurisdiction over such matters. All construction shall be completed within ninety (90) days after a permit has been issued unless extended by the ARB in its sole discretion. 3. No swimming pool or the amenities associated therewith shall be located nearer than ten (10) feet to a rear or side property line. Exceptions shall be made for those Lots with special setback or easement requirements. l? XXIII. RECREATIONAL VEHICLES AND TRAILERS No trailer, utility trailer, trailer house, camper, boat or recreational vehicle shall be parked on any Lot, except within a garage and shall not be stored on any portion of the Lot. Guests of a resident may park a recreational vehicle on the driveway for a period not to exceed seven days each calendar year. In addition, no automobile, truck or other motorized vehicle may be kept outside a garage unless such vehicle is operable and has a current registration. Parking vehicles on the street shall be allowed for temporary or short-term guest parking only, provided that it causes no traffic safety hazard or nuisance within the community. The parking of any vehicle on any portion of the lawn is prohibited. Vehicles parked or stored in violation of this Section shall be considered a nuisance and shall be removed from the development. XXIV. APPURTENANT DECORATIONS Unless approved by the ARB, no decorative or recreational appurtenances including, without limitation, decorative embellishments, trampolines and skateboard ramps, tree houses, play houses, swing sets, and basketball goals, shall be placed on front lawns or on any area that is visible from any street. When not in use, portable basketball and soccer goals shall not be stored at the curb on any street or cul-de-sac. Decorative embellishments and lawn ornaments shall be consistent with the character of the neighborhood and shall not constitute a nuisance or offensive use when viewed from neighboring Lots and common areas as determined by the ARB. XXV. AIR CONDITIONING UNITS Unless specifically approved in writing by the ARB, no window air conditioning unit may be installed. XXVI, SUBMISSION AND APPROVAL 1. No clearing, grading or other construction shall commence on any Lot nor shall any existing structure upon any Lot be altered in any way which materially changes the exterior appearance of the structure or Lot, unless plans and specifications have been submitted to and approved in writing by the ARB. Two sets of plans and specifications shall be submitted and shall contain such information as may be reasonably required by the ARB in the Design Guidelines, including, without being limited to: (a) A site plan showing the location of all existing and proposed structures on the Lot including retaining walls and driveway locations. (b) A clearing plan, if proposed clearing exceeds that allowed by Section IV of these Guidelines (c) A foundation plan with the correct basement, slab or crawl space indicated (d)All completed floor plans with finished and heated area indicated (e) Exterior elevations of all proposed structures and alterations to existing structures, as such structures will appear after all backfilling and landscaping are completed (f) Specifications of materials, color scheme, lighting scheme and other details affecting the exterior appearance of all proposed structures and alterations to existing structures (g) Plans for landscaping and grading, showing tree save locations and sodded areas, and with particular attention to drainage and erosion control 2. Plans and specifications shall be either approved or disapproved by the ARB. If the plans and specifications are approved, one set of the plans and specifications will be returned to the Builder on which the approval of the ARB has been noted. Upon ARB approval, the development permit will be issued. If the plans are disapproved, the Builder will be notified by the ARB specifying the basis upon which the disapproval is based and advising the Builder of the changes to the plans and specifications or requesting additional information from the Builder, which is required before the plans and specifications can be approved. 3. All plans and specifications required to be submitted to the ARB shall be delivered to the following address: Architectural Review Board Pathway Communities 200 Westpark Drive Suite 300 Peachtree City, GA 30269 XXVII. ENFORCEMENT The Architectural Design Guidelines and the Declaration of Covenants and Restrictions are an important part of the consideration of Pathway Communities. In connection with the sale of any Lot or Lots to a Builder, the ARB, or Pathway Communities, shall have the right to enforce these Guidelines and the Declaration by withholding or revoking permits, assessing monetary fines against any Builder or Homeowner in violation of these Guidelines or the Declaration or by bringing injunctive or other legal action in any coud of competent jurisdiction. Such enforcement rights shall be cumulative in nature and Pathway Communities shall have the aforesaid rights notwithstanding the fact that it may no longer own any Lot or Lots in the Subdivision. Any fines so imposed and collected shall be retained by the ARB to defray the cost incurred in the enforcement of these Guidelines and the Declaration. 2O ADDENDUM FOR SETBACK REQUIREMENTS THE PENINSULA Lots 1 - 18 Lots 19, 20 & 35 Lots 21 - 34 Lots 36 - 44 Lots 45 - 54 30' minimum to main front plane of house or porch structure 30' minimum to rear property line 10' minimum to side property line, 30' to side property line on Peninsula Drive for house structure on Lot 1,30' to side property line on North Court for house structure on Lot 18 20' minimum to main front plane of house or porch structure 30' mm~mum to rear property line 10' minimum to side property line 40' m~mmum to main front plane of house or porch structure 30' minimum to rear property line 10' minimum to side property line, 30' to side property line on North Court for house structure on Lot 34 30' minimum to main front plane of house or porch structure, 20' minimum to main front plane for Lots 38, 42, and 44 30' minimum to rear property line 10' minimum to side property line 40' minimum to main front plane of house or porch structure for Lots 45 - 48, 20' minimum to main front plane for Lots 49 - 54 30' minimum to rear property line 10' minimum to side property line 2]