DECLARATION OF COVENANTS, CONDITIONS AND …

1 {CLIENT WORK\26074\0001 H0426938:8} DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR NEWBURY NEIGHBORHOOD ASSOCIATION THIS DECLARATION , made this _____ day of June, 2010, by NEWBURY DEVELOPMENT ASSOCIATES, LP, a pennsylvania limited partnership (hereinafter referred to as Declarant ). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in South Fayette Township, Allegheny County, pennsylvania , which is more particularly described on Exhibit A , which is attached hereto and made a part hereof (the Property ); WHEREAS, Declarant intends to develop the Property as a flexible planned community under the applicable sections of the Uniform Planned Community Act, 68 5101 et seq , (the UPCA ), to be known as Newbury, a Planned Community ; WHEREAS, Declarant intends by this DECLARATION to impose upon the Plan (as defined herein) mutually beneficial restrictions of the open space and other Common Property for the benefit of all Owners of Lots within the Planned Community.

2 Declarant desires to provide a flexible and reasonable procedure for the overall development of the Planned Community, and to establish a method for the administration, maintenance, preservation, use and enjoyment of such property as is now or hereafter subjected to this DECLARATION ; and WHEREAS, Declarant hereby declares that the Property shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and CONDITIONS which are for the purpose of protecting the value and desirability of and which shall run with the Property subjected to this DECLARATION and which shall be binding on all parties having any right, title, or interest in the described Plan or any part thereof, their heirs, successors, successors-in title, and assigns, and shall inure to the benefit of each Owner thereof. This DECLARATION does not and is not intended to create a condominium within the meaning of the pennsylvania Uniform Condominium Act, 68 Pa.

3 3101 et seq. ARTICLE I DEFINITIONS Section Alley and Parking Limited Common Facilities shall mean and refer to the private alley designated as Saturday Way on the Plan of Subdivision and the private parking areas designated on the Plan, which are owned by the Association but which are for the exclusive use and benefit of the Lots which border on, and have direct access to Saturday Way, as indicated on the Plan (the Saturday Way Lots ). All costs associated with maintenance, repair and replacement of the Alley and Parking Limited Common Facilities shall be assessed equally against the Owners of the Saturday Way Lots as a Limited Common Expense. {CLIENT WORK\26074\0001 H0426938:8} 2 Section Annual Assessments shall mean assessments for General Common Expenses, Limited Common Expenses and Cluster Assessments, as applicable, levied against a Lot which the Association incurs or expects to incur for the benefit of the Owners which may include a reasonable reserve for capital repairs and replacements and a reasonable administrative charge, as may be authorized pursuant to this DECLARATION or in any Supplemental Declarations.

4 Section Architectural Control Committee shall mean the committee of the Association established by Bylaws of the Association to implement and approve the architectural control provisions contained herein. Section Architectural Prints shall mean: (a) a detailed architectural drawing of the exterior design, including roof pitch, of a Dwelling and the location, size, design and number of windows, doors and garage doors, decks, porches, patios, and driveways; (b) complete building plans; (c) complete specifications covering the type, size and quality of interior and exterior materials (including foundation), structural materials and color of exterior walls, trim, porches, doors, windows, shutters, garage doors, patios, decks and roofs; and (d) a proposed topographical plot plan showing the location and elevation of the Dwelling relative to the lot lines.

5 Section Association shall mean a not-for profit corporation named Newbury Neighborhood Association, its successors and assigns. Section Board shall mean the duly elected Board of Directors of the Association. Section Brownstone Home shall mean an attached single family townhome ranging in size from a minimum of 1,750 square feet. Section Buffer Trees shall mean shall mean all trees immediately adjacent to the Property boundaries as identified on the Plan. Section Carriage Home shall mean an attached single family duplex home ranging in size from a minimum of 2,000 square feet. Section Club House Facilities shall mean the club house and swimming pool and such other related amenities as the Declarant or Association shall from time to time maintain for the use of the Owners and their guests and the residents in the Multifamily Development and their guests. Section Cluster shall mean the group of Lots designated on the Plan upon which Carriage Homes, Brownstone Homes and Courtyard Townhomes are to be constructed.

6 {CLIENT WORK\26074\0001 H0426938:8} 3 Section Cluster Assessment shall mean and refer to the assessment levied against Lots in the Cluster for Limited Common Expenses related to: (i) the complete care of all lawns and landscaping, including cutting, trimming and fertilizing for the Cluster; (ii) removal of snow and ice on driveways and walkways of all Courtyard Townhome, Brownstone Home and Carriage Home Lots in the Cluster; and (iii) a reserve for the foregoing, which is in addition to the Annual Assessment with respect to each Lot within the Cluster. Section Cluster Committee shall mean the specific committee established by the Association to administer parts of the provisions of this DECLARATION with respect to the Cluster if Declarant believes it is in the best interests of the Owners of lots in such Cluster to do so or if requested by a majority of Owners of Lots within the Cluster.

7 Section Common Expenses shall mean and include (1) expenses of administration, maintenance, repair and replacement of the Common Property including all Buffer Trees; (2) expenses of administration, maintenance, repair and replacement of the Controlled Facilities; (3) expenses of administration, maintenance, repair and replacement of the stormwater management facilities, basin and underground structures; (4) utility charges not separately billed or charged to Lot Owners; (5) insurance and taxes for the Common Property; (6) expenses declared common by this DECLARATION or the Bylaws; and (7) expenses declared common by the Board. Section Common Property shall mean all real property owned, or to be owned, by the Association for the common use and enjoyment of the Owners, shown on the Plan, including the Club House Facilities, Private Roads, Conservation Areas and Parks designated as restricted open space and all of the Property in the Plan other than the Lots to be conveyed to Owners.

8 Section Conservation Areas shall mean those parts of the Common Property designated as Restricted Open Space on the Plan, which shall remain in their native condition except for installation of walking trails, outdoor recreational facilities or similar elements that are consistent with their intended use in their natural condition. Section Controlled Facilities shall mean the shared amenities located within the public road right-of-way that are not owned by the Association and will not be maintained by the Township of South Fayette, but rather, will be maintained by the Association, including Street Trees, landscaping at the entrance boulevard, all sidewalks throughout the Plan, street lights and landscaping adjacent to Parks. Section Cottage Home shall mean an unattached single family home ranging in size from a minimum of 1,750 square feet. Section Courtyard Townhome shall mean an attached single family townhome ranging in size from a minimum of 1,500 square feet.

9 Section Declarant shall mean and refer to Newbury Development Associates, LP, its successors and assigns. {CLIENT WORK\26074\0001 H0426938:8} 4 Section Dwelling shall mean an unattached single family home designated as a Manor Home, Park Home or Cottage Home or an attached Carriage Home, Courtyard Townhome or Brownstone Home. Section General Common Expenses shall mean all Common Expenses other than Limited Common Expenses. Section Landscape Plans shall mean: (a) a drawing showing the location of all Landscaping and the configuration of planting beds relative to the location of the Dwelling and the boundaries of the Lot, and (b) specifications detailing and identifying the genus, species and size of all plants shown on the drawing, and the design of all landscape structures and the type, quality and color of all materials to be used in the construction thereof.

10 Section Landscaping shall mean trees, shrubs, hedges, fences, retaining walls, rock gardens or other vegetation or landscaping structures or devices. Section Limited Common Expenses shall mean any Common Expense benefiting fewer than all of the Lots which shall be assessed exclusively against the Lots benefited. Section Lot shall mean each plot of land shown and identified as a lot upon the Plan of Subdivision, specifically excepting the Common Property. The boundaries of each Lot shall be as provided on the Plan of Subdivision, as the same may be amended from time to time. Section Manor Home shall mean an unattached single family home ranging in size from a minimum of 3,100 square feet. Section Member shall mean and refer to all those Owners who are members of the Association, as provided in Section hereof. Section Multifamily Development shall mean the proposed development of rental apartment buildings along Oakridge Road.