Per the Declaration of Restrictive Covenants: 3.2 Approval of Plans.
(a) No construction, reconstruction, remodeling, alteration, or addition of or to any structure, building, fence, wall, drive, or improvement of any nature shall be constructed without obtaining prior written approval of a confidential Architectural Committee composed of three (3) members as to the location, plans, and specifications therefore. Prior to the Transfer of Control, the Developer shall appoint the members of the Architectural Committee, and subsequent to the Transfer of Control the members of such Committee shall be appointed by the Board of Directors of the Association. As a prerequisite to consideration for approval, and prior to the commencement of the contemplated work, a Lot Owner shall submit to the Developer, or the Association’s managing agent, as the case may be, such plans, specifications, and other information concerning the proposed improvement as the Architectural Committee may require from time to time as a condition for its review and approval thereof accompanied with such fee as the Association may require, and the Developer or such managing agent shall submit the same to the Architectural Committee for approval. All plans of proposed residences to be constructed in The Peninsula shall conform to the standards set forth in subparagraph (b) below, and the Architectural Committee shall be the sole arbiter of such plans and may withhold its approval for any reason, including purely aesthetic reasons. Upon approval being given, construction shall be started and prosecuted to completion promptly and in’ strict conformity with such plans, otherwise the approval shall be void. A reasonable fee may be charged by the Association 10 defray its costs incurred in considering and acting upon such proposed plans and specifications.
(b) Residences to be constructed within The Peninsula shall be sufficiently compatible with
existing architectural styles that predominate in the development to assure a pleasing overall appearance and maintain its
image as a high quality, single family, residential neighborhood. Existing structures will be considered but do not, as
such, constitute precedent nor assure approval.
(c) Developer, the Architectural Committee, the Association and the individual members thereof
shall not be liable for any act or omission in performing or purporting to perform the functions delegated hereunder. In
the event that Developer or the Association fails to indicate its approval or disapproval within thirty (30) days alter the
receipt of the required documents, approval will not be required and the related covenants set out herein shall be deemed
to have been fully satisfied. Approval or disapproval by Developer or the Association shall not be deemed ‘to constitute
any warranty or representation by it including, without limitation, any warranty or representation as to fitness, design or
adequacy of the proposed construction or compliance with applicable statutes, codes and regulations. Anything contained
in this paragraph 3.2, or elsewhere in this Declaration to the contrary notwithstanding, Developer and the Association are
hereby authorized and empowered, at their sole and absolute discretion, to make and permit reasonable modifications or
deviations from any of the requirements of this Declaration relating to the type, kind, quantity or quality of the building
materials to be used in the construction of any building or improvement on any Lot and of the size and location of any
such building or improvement when, in their sole and final judgment, such modifications and deviations in such
improvements will he in harmony with existing structures and will not materially detract from the aesthetic appearance of
the Properties and the improvements as a whole; provided, however, such modifications and deviations must remain
within all applicable ordinances and regulations established by the Davidson County Planning Commission
Developer or the Association, as the case may be, may require the submission to it of such documents and
items, including as examples, but without limitation, written requests for and description of the variances requested,
plans, specifications, plot plans and samples of material(s), as either of them shall deem appropriate, in connection with
its consideration of a request for a variance. If Developer or the Association shall approve such request for a variance it
shall evidence such approval, and grant its permission for such variance, only by written instrument, addressed to the
Owner of the Lot(s) relative to which such variance has been requested, describing the applicable restrictive covenant(s)
and the particular variance requested, expressing its decision to permit the variance, describing (when applicable) the
conditions on which the variance has been approved (including as examples, but without limitation, the type of alternate
materials to be permitted, and alternate fence height approved or specifying the location, plans and specifications
applicable to an approved outbuilding) and signed by Developer or the Association) as the case may be. Any request for
a variance shall be deemed to have been disapproved for the purposes hereof in the event of either (i) written notice of
disapproval from Developer or the Association or (ii) failure by Developer or the Association to respond to the request for
variance. In the event Developer or the Association or any successor to the authority thereof shall not then be
functioning, no variances from the covenants herein contained shall be permitted, it being the intention of Developer that
no variances be available except at its discretion or that of the Association. Neither Developer nor the Association shall
have the authority to approve any variance except as expressly provided in this Declaration