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h. Complete landscaping plan showing type, species, variety, location and <br />size (at installation) of all plantings including trees, shrubs, turf (seed or <br />sod), irrigation plans and natural conservation areas; <br />i. Sign and/or Signage plans showing size, height, design, color, materials, <br />I <br />location, construction and lighting with respect to each intended Sign; <br />j. Site Furniture specifications showing size, height, design, color, materials, <br />location, construction with respect to each piece of Site Furniture; <br />k. The non - refundable Review Fee and Architect's total cost estimate as set <br />forth in Section 5.7; and <br />Such other information as the Committee may require which is pertinent to <br />the evaluation of the plans and specifications. <br />5.5 Variances. In addition to the plans and specifications, the Applicant shall set forth <br />separately and in specific detail any and all variances it desires from the Covenants and <br />Guidelines. No variance shall be granted when the result of such variance would be <br />contrary to or inconsistent with any applicable zoning or subdivision control ordinance, or <br />other law, ordinance, rule or regulation of a public authority. <br />5.5.1 Temporary Variances. The Committee may waive and/or grant any temporary <br />variance to an applicant I the Committee deems such waiver or variance <br />warranted in a particular instance. A temporary variance expires when the Owner <br />or Occupant sells, transfers, leases, or in anyway conveys the Site and it's <br />Improvements thereon, to a third party. If a variance which has been waived <br />and/or granted by the Committee is not used within one year of its approval by <br />the Committee, the variance is said to have expired. The Committee may not <br />waive and/or grant a variance which would require the approval of the Declarant, <br />the Board, or the Association as stated in this Declaration. <br />5.5.2 Permanent Variances. If an Applicant has requested a waiver and/or variance <br />which would be permanently attached to the Site, the Committee must notify the <br />Declarant for approval or rejection of the request. The Declarant must provide <br />the Committee with written notice of approval before the end of the Committee's <br />thirty (30) day application review period as stated in Section 5.8. If the Declarant <br />fails to act within said thirty (30) day period, the request is deemed rejected. The <br />Declarant may not waive and/or grant a variance which would require the approval <br />of the Board or the Association as stated in this Declaration. <br />5.6 Review Fee. Plans and specifications submitted to the Committee for review shall be <br />accompanied by a statement from the Architect who prepared such plans and <br />specifications certifying as to the probable construction cost of the Improvements together <br />with a non - refundable payment payable to the Association in an amount equal to the then <br />applicable Review Fee. The Review Fee for all projects is hereby set at five- hundred <br />dollars ($500 US) or one -tenth of one percent (.1 %) of the Architect's proposed cost of <br />the Improvements, whichever is greater. The Committee may change the non - refundable <br />Review Fee from time to time as it sees fit. No plans and specifications shall be <br />reviewed unless and until such fee has been paid. In the event that an application is <br />disapproved by the Committee, the Review Fee will not be refunded to the applicant. <br />Blackthorn Corporate Center - Covenants & Restrictions 4111193 <br />