This team and process provide answers to many of the questions that will arise during the design, construction and post-construction stages, as well as sign off on building plan submittals.
Phone (804) 747-7800
Fax (804) 965-0164
4501 Highwoods Parkway • Suite 400
Glen Allen, VA 23060
Please allow up to 30 days for review of and response to submitted requests.
APPROVAL OF PLANS
Before commencing the construction or alteration all buildings, enclosures, fences, loading docks, parking facilities, storage yards, storage tanks, landscaping or any other structures or permanent improvements on or to any Site or part thereof, the Owner of every such Site or part thereof shall first submit plans, specifications, and landscape plans, in duplicate, to the Declarant for its written approval, as hereinafter provided. One such copy of said plans, specifications, and landscape plans will become the sole property of the Declarant.
No improvements shall be erected, placed or altered on any Site or part thereof until plans and specifications showing plot layout and all exterior elevations, with materials and colors therefore and structural design, signs and landscaping, shall have been submitted to and approved in writing by Declarant. Such plans and specifications shall be submitted in writing over the signature of the Owner of the Site or part thereof, or his or its authorized agent, and shall be accompanied by the request of such Owner or agent specifying for which part of such plans and specifications approval is sought. Nothing herein shall be construed to require the submission of plans for the alternation of the interior of an existing building, or approval thereof, unless any planned interior alteration will substantially change the primary use of the improvements.
Approval shall be based, among other things, on adequacy of Site dimensions; storm drainage considerations; conformity and harmony of external design with neighboring structures, improvements, operations and uses; relation of topography, grade and finished ground elevation of the Site being improved to that of neighboring Sites; proper facing of main elevation with respect to nearby streets; general guidelines as established by Declarant from time to time; the Proffers; and conformity of the plans and specifications to the use purpose and general plan and intent of these covenants.
If Declarant fails either to approve or to disapprove such plans and specifications within thirty (30) days after the same have been submitted in writing to it, the approval required by this Article V shall no longer be required for such plans and specifications.
Whenever Declarant disapproves such plans and specifications, the disapproval shall be accompanied by a written statement of the reason or reasons for disapproval.
Approval granted by Declarant shall be effective for a period of one year from the date the approval is given,
or one year from the expiration of the thirty (30) day period specified in Section 5.04 hereof where approval
is not expressly granted or denied. If construction has not commenced within the said one year period, the approval shall be deemed expired, and no construction shall thereafter commence without a written renewal of such a prior approval.
Neither Declarant or its successors or assigns shall be liable in damages to anyone submitting plans to them for approval, or to any Owner or Occupant of land affected by this Declaration, by reason of a mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any such plans. Every person, corporation, partnership or organization who submits plans to Declarant for approval agrees, by submission of such plans, and every Owner or Occupant of any of the Property agrees by acquiring title thereto or an interest therein, that he or it will not bring any action, proceeding or suit against Declarant to recover any such damages. In case of conflict between plan review and the covenants herein contained, these covenants shall govern the rights and obligations of the parties. Declarant’s approval of any building plans, specifications, site or landscape plans or elevations of any other approvals or consents given by Declarant pursuant hereto or otherwise, is given solely to protect the aesthetics of Innsbrook and shall not be deemed a warranty, representation or covenant that such buildings, improvements, landscaping or other actions taken pursuant thereto or in reliance thereon, complies with, or is not in violation of any applicable laws, rules or regulations, and by taking title to, or leasing any of Declarant’s property, the Owner and/or Occupant, for themselves and their heirs, successors and assigns, do hereby expressly release and relieve Declarant of any and all liability in connection therewith.