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8.5.2 Verification that the grading and mechanisms developed for the Property for the purposes of collecting and disbursing stormwater runoff will not be compromised by the proposed Improvement. 8.5.3 Compatibility of color, size, location, type and design for high quality Dwellings, Buildings containing Dwellings and other Improvements. 8.5.4 Compatibility of the proposed Improvement in terms of topography, soils, drainage, or existing vegetation. 8.5.5 Comparable or better quality of materials as used in existing Buildings or other Improvements on the Property. 8.5.6 Set-back and minimum square footage requirements for Dwellings. 8.5.7 Adequate protection of the Property, the Master Association, Owners and Occupants from liability and liens arising out of the proposed alterations. 8.5.8 Compliance with the Design Guidelines as may be amended from time to time in accordance with Section 8.3. 8.5.9 Preservation of existing trees, vegetation, open areas, ponds, lakes and wetlands located on or adjacent to the Property. 8.5.10 Compliance with governmental laws, codes, ordinances and regulations. 8.6 Notice of Decision. The Design Reviewer shall approve, conditionally approve or disapprove the application and notify the applicant in writing within forty-five (45) days following the receipt of the application and all other required information. The notice shall state the approval or denial of the application, or any qualifications or conditions of approval. If the Design Reviewer disapproves the application, it shall state the grounds upon which the disapproval is based. No Improvement shall be erected or shall be allowed to remain which violates any of the covenants, conditions, restrictions or easements contained in this Master Declaration, or which violates any governmental law, zoning or building ordinance, or regulation. 8.7 Exceptions and Variances. The following types of work do not require Design Reviewer approval: (i) work by the Master Developer or any affiliate upon any of the Property owned by the Master Developer or owned by a person who has hired the Master Developer or its affiliate to perform the work; (ii) changes in the interior of any Dwelling; and(iii) the planting of flowers or other vegetation in gardens, flower beds, planters, etc., in a manner that does not change the topography of the Property and that is generally consistent with any landscaping plan that has been previously approved by the Design Reviewer. The Design Reviewer may, in its sole discretion, grant variances from the requirements contained in Section 8 or otherwise established by the Design Reviewer, on a case by case basis; provided, that the variance sought (i) involves unique circumstances; (ii) is reasonable; (iii) does not adversely affect drainage in the Property; and (iv) does not violate any development agreement with the City, any governmental law, ordinance, code or regulation. The granting of such a variance by the Design 25 219o398.v1