No application or petition for a permit pertaining to the construction of any residential or commercial building on any lot or parcel within any subdivision in the county, which has an active and duly authorized architectural review committee or the equivalent established pursuant to recorded declarations, reservations, restrictions, covenants or conditions, shall be accepted for filing or consideration by the county unless the applicant or petitioner shall have first sought to obtain the approval or authorization, as the case may be, from the architectural review committee pursuant to its authority. Provided the process, including appeals, involving approval or denial by the architectural review committee, takes no longer than seventy (70) days to approve/authorize, or deny the construction permit. (Ord. 204, 2003: Ord. 193, 2002)
As used in this chapter, an "active and duly authorized architectural review committee" shall mean:
A. One or more persons charged with the enforcement of subdivision covenants, conditions or restrictions, by an active homeowners' association which is formed pursuant to the subdivision's recorded covenants, conditions, and restrictions; and
B. The covenants, conditions or restrictions are recorded in the official records of the office of the Pershing County recorder; and
C. The committee has filed a written notice of its existence and operation with the Pershing County clerk. (Ord. 193, 2002)
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