The following provisions for the existence and scope of the Architectural Control Committee is taken from Section 3 of the Third Amendment and Restatement of Master Declaration of Easements, Covenants, and Restrictions, ratified on July 6, 1995.

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3.01 Architectural Control Committee: An Architectural Control Committee for L'Esprit Property is hereby constituted.. The Architectural Control Committee may act by a majority vote and a majority of the Committee may designate a representative to act for it. In the event of the death or resignation of any member, the remaining members shall have full authority to designate a successor. The Architectural Control Committee shall become a standing committee of the L'Esprit Property Owners Association, Inc., with membership thereafter to be determined pursuant to Rules and Regulations to be adopted by its Board of Directors. 

3.02 Plan Approval: No building, structure, or fence shall be erected, placed or altered on any tract composing the L'Esprit Property until the exterior materials, paint (color), roofing material, construction plans and specifications and a tract plan showing the location of the proposed improvements have been approved by the Architectural Control Committee. The roofing materials shall be wood-shake shingles, slate, simulated slate, copper, metal or asphalt shingles. All plans and specifications and the tract plan may be (a) mailed to the Architectural Control Committee by certified mail, return receipt requested, at the above address or such other address as may be designated by the Architectural Control Committee from time to time after notice to all property owners, or (b) personally delivered to the Association office. In the event the Committee or its designated representative fails to approve or disapprove within sixty (60) days after plans and specifications and tract plan have been submitted, or in the event no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and related covenants shall be deemed to have been fully complied with. In the event the Architectural Control Committee disapproves the plans and specifications or the tract plan, no construction shall be commenced until such time as revised plans and specifications and/or tract plan have been resubmitted and approved as hereinabove provided. 

Plans for buildings, structures, pools, barns or fences shall be professionally drafted, and subdivisions shall be drafted by an engineer or registered surveyor in a form required by local governmental agencies and shall be submitted for approval by the Architectural Control Committee. 

The plan approval and review procedures for improvement of the L'Esprit Property will further require permits from the governmental agencies with jurisdiction. The building codes and standards for all governmental agencies having authority over same must be met prior to the start of construction; and the approval of the Architectural Control Committee shall in no way be construed to imply that applicable governmental standards have been satisfied. 

Following completion of construction for each set of plans and specifications approved as herein provided, an as built survey along with final plans and specifications shall be provided to the Architectural Control Committee. 

3.03 Visual Zone and Setback Requirements: The “Visual Zone" shall be an area extending three hundred (300) feet to either side of all roadway centerlines within the L'Esprit Property, (except for Tracts Numbered 157-166 and Tract Number 127 for which the Visual Zone will be one hundred fifty (150) feet from the roadway centerline, and Tracts KPI 2 and KPI 3 for which the Visual Zone shall be an area extending three hundred (300) feet from the centerline of L'Esprit Parkway and three hundred (300) from the centerline of Ky. 153, and except for Tract KPI 4 for which the Visual Zone shall extend three hundred (300) feet from the roadway centerline of Old Sligo Road); and all structures, landscaping, lighting, signage, entries and roads will be more rigidly controlled by the Architectural Control Committee within the Visual Zone. 

The minimum Setback requirement for all permanent buildings on a tract, other than guard houses, shall be one hundred fifty (150) feet from the centerline of the abutting roadway, and shall be seventy-five (75) feet from the side and rear lines of a tract. Provided, however, no permanent building other than a guard house or a single family residence shall be permitted on any tract within the Visual Zone. It is further provided, however, that existing improvements within the Visual Zone or within the side and rear setback requirements may remain in place so long as the same shall be remodeled and landscaped in accordance with guidelines to be established by the Architectural Control Committee. 

Provided, however, notwithstanding the foregoing, for tracts of the L'Esprit Property containing seven (7) acres or less the Visual Zone shall extend only one hundred fifty (150) feet from the edge of the right-of-way of any adjoining roadway, the minimum setback requirement for all permanent building improvements, other than guard houses, shall only be one hundred (100) feet from the edge of the right-of-way of any adjoining roadway, and no nearer than fifty (50) feet from the side and rear lines of such tract. Provided, further however, the Architectural Control Committee may, for good cause shown, permit reasonable variances in the Visual Zone and Set Back requirements as set forth in this Section. 

Roadway constructed through the visual zones shall NOT change the setbacks for structures in the visual zone. 

Visual Zone and setback requirements contained in the preceding paragraph of this Section 3.03 shall pertain to the Service/Commercial Tract designated pursuant to Section 2.02 hereof. 

Any new tracts created by a subdivision of any tract of the L'Esprit Property which abuts a new road (i.e., a road other than those roads shown by the Original Plats) and which does not abut any of the roads shown by the Original Plats shall be subject to set back requirements contained within laws and ordinances to which such tracts are subject for a permanent building, provided that such setback requirements shall be at least seventy-five (75) feet from the edge of the front property line or right-of-way of any adjoining roadway, and shall be at least fifty (50) feet from the side property line or rear property line. Exceptions to setback requirements for permanent buildings· in a subdivision of any tract abutting a new road may be considered by the Architecture Control Committee in instances where considerable greenspace or recreation space is proposed. 

3.04 Minimum Standards for Approval of Proposed Improvements to Primary Development Tracts: 

(i) Residence within Visual Zone. Residences within the Visual Zone shall have a minimum fully enclosed ground floor area devoted to living purposes, exclusive of porches, terraces and garages (“1iving area”) of 2,000 square feet; and if the said residence is a 1 1/2 story Cape Cod, the minimum living area shall be 2,200 square feet with a minimum of 1400 square feet on the ground floor; and if the said residence is 2-story, the minimum living area shall be 2,400 square feet with a minimum of 1200 square feet on the ground floor. 

(ii) Requirements Applicable to All Residential Units. The exterior walls of all residential units shall be of brick, stone or wood. All roofing shall be of the type hereinabove stated and shall be dark (black, slate gray or dark brown); with only such other colors as may be approved by the Architectural Control Committee in its sole discretion. 

(iii) Farm Structures. No barns, sheds or other outbuildings shall be permitted in the Visual Zone except for existing structures which have been remodeled and/or landscaped to meet the requirements of the Architectural Control Committee for such existing structures. No such farm structure shall exceed 30,000 square feet on the ground floor nor shall any such structure exceed 60 feet in height. Provided, however, larger structures may be approved by the Architectural Control Committee for construction on tracts of more than 100 acres. All exterior materials and colors shall be only as approved by the Architectural Control Committee, which shall be in harmony with other colors approved for use on improvements on the tract in question. 

(iv) Mobile Homes. Trailers. Modular Units and Construction Buildings. No structures of the type above stated-shall be permitted within the Visual Zone at any time. Such structures may exist outside the Visual Zone only by permit from and upon such conditions as may be established by the Architectural Control Committee. 

(v) Other Structures and Improvements. 

i. Signage. No sign of any kind shall be displayed within one hundred fifty (150) feet of the right-of-way of any roadway shown by the Original Plats on any Primary Development Tract except one (1) sign advertising the property for sale-or rent, and except for one (1) sign at each entrance identifying the farm, development or other use or occupant thereof. All signs and sign locations within the area described in the preceding sentence must be approved by the Architectural Control Committee prior to installation on any tract. Such signs shall not exceed the maximum size requirement of three feet by four feet, with a maximum of fifty-four (54) inches above grade at top of sign with only such larger signs as may be specifically approved by the Architectural Control Committee. The signage limitations contained herein shall not prevent the use of bronze plaques or cut stone engravings integrated with the entryway design which may be used to announce the name of a farm, development or other permitted use hereunder. 

ii. Fencing. The only fence that will be allowed within the Visual Zone and on the perimeter boundary of the L'Esprit Property is a four (4) board wood fence that is painted black. Fences outside the Visual Zone other than a four board wood fence that is painted black shall be only of such design, materials and colors as may be approved by the Architectural Control Committee. The recommended height for all fences is 54 inches; provided, however, no fence shall be erected with a height of less than 48 inches or greater than 60 inches. 

iii. Entrances and Entrance Structures, Including Gates, Gatehouses, and Lighting. Walls, gatehouse and guard structures shall be of stone, brick, or wood construction with any roofing materials limited to woodshakes, slate, simulated slate, copper, metal or asphalt shingles. Paint colors are to be restricted to those approved and used for the residences and/or other structures previously constructed on the Individual Horse Farm in question. 

Gate and fence structures are to be limited to 10 feet in height (with exception for roofs of guardhouses which may be a maximum height of 14 feet to ridge line). Gates at all Individual Horse Farm entrances shall be of one color, which may be selected to identify the farm as approved by the Architectural Control Committee. 

Lighting at entrances shall be included on any plans and specifications submitted to the Architectural Control Committee and shall be subject to the approval thereof. All lighting placed on standards must be of style and type as approved for use on the L'Esprit Property by the Architectural Control Committee. 

iv. Landscaping. Existing trees shall be protected particularly in wooded and drainage areas and along creeks. No tree larger than 8 inches in circumference may be cut without a permit from the Architectural Control Committee. Provided, however, any tract owner may submit a forestry plan to the Architectural Control Committee which, if approved, shall obviate the need for individual permits for cutting of trees. 

v. Septic Systems. Sewage shall be disposed of only by and through a septic system designed by a qualified professional with adequate dimensions and capacity and of a type approved by the Health Department or an approved municipal, governmental agency or private service, if available. Any discharge of treated wastewater into creeks or bodies of water shall have approval or permits from government agencies. No untreated sewage, trash, or garbage shall be emptied, discharged or permitted to drain into any body of water within L'Esprit. All toilet facilities must be a part of the residence, garage, employee housing or barn and shall be of modern flush type and connected with a proper septic tank system or sewer system. Provided, however, portable toilets may be used in connection with construction activities, sales or other public gatherings to be conducted or held on any tract in accordance with this Declaration. 

vi. Other Structures. Structures on Primary Development Tracts other than those addressed in the preceding paragraphs of this Section, but which are permitted pursuant to Article 2 shall be subject to such guidelines as may be reasonably adopted by the Architectural Control Committee with full consideration given to the different nature and function contemplated for such structures and which are in general aesthetic conformity with the requirements for other structures set forth in this Declaration. 

vii. Drives and Access Roads. The location of all driveways, entranceways or other access points to any tract shall be subject to approval of the Architectural Control Committee and the governmental agency, if any, having or asserting jurisdiction. The lesser of the first one hundred (100) feet or the entire length of all driveways, entranceways or other access points to any tract shall be of concrete or asphalt construction and shall provide for proper drainage, all of which shall be designed and constructed to applicable county or state standards. The concrete or asphalt surface as required by the preceding sentence shall be installed within six (6) months of completion of the initial roadbed construction. 

viii. Residential Structures shall not be constructed with the rear of the structure facing deeded right-of-way. Any exception may be considered by the Architecture Control Committee. 

      3.05 Five-Acre Tracts. Any sell off or subdivision of a primary development tract on existing roads, and no new roads being constructed, shall be a minimum of five acres with road frontage a minimum of 300 feet. 

      3.06 Tracts Designated as Service/Commercial Tracts: Improvements on tracts so designated shall be in general conformity with the aesthetic guidelines adopted by the Architectural Control Committee for improvements to be erected on Primary Development Tracts. However, all specific guidelines for such improvements shall be as adopted by the Architectural Control Committee with full consideration given to the different nature and function of each such tract.