Declaration

The Amherst Village Phases 5, 6, 7 and 7R, a Plan by Far View Farms Development, LLC, consisting of: (a) Phase 5 with approximately 47 single-family detached lots (Lots 501-547) and 4 townhouse lots (TH101R-TH104R); (b) Phase 6 with approximately 119 single-family lots (Lots 6001-6119) and 25 townhouse lots; (c) Phase 7 with 84 single-family lots (Lots 701-784); and (d) Phase 7R with 32 single-family lots (Lots 701R-732R).

The Declarant does hereby amend the Declaration by attaching the following Appendices, which shall be incorporated into and made a part of the Declaration as if fully set forth therein: Appendix A – Operation and Maintenance Plan and Schedule; Appendix B – Post-Construction Stormwater Management BMP Notification and O&M Agreement; Appendix C – Long Term Post Construction Stormwater Management Operation and Maintenance Plan.

The Landowner shall construct the BMPs in accordance with the plans and specifications identified in the SWM Site Plan.

The Landowner shall operate and maintain the BMPs as shown on the Plan in good working order in accordance with the specific maintenance requirements noted on the approved SWM Site Plan.

The Landowner hereby grants permission to the Municipality, its authorized agents, and employees, to enter upon the property, at reasonable times and upon presentation of proper credentials, to inspect the BMPs whenever necessary. Whenever possible, the Municipality shall notify the Landowner prior to entering the property.

In the event the Landowner fails to operate and maintain the BMPs per paragraph 2, the Municipality or its representatives may enter upon the Property and take whatever action is deemed necessary to maintain said BMPs. It is expressly understood and agreed that the Municipality is under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the Municipality.

In the event the Municipality, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner shall reimburse the Municipality for all expenses (direct and indirect) incurred within ten (10) days of receipt of invoice from the Municipality.

The Landowner, its executors, administrators, assigns, and other successors in interest, shall release the Municipality from all damages, accidents, casualties, occurrences or claims which might arise or be asserted against said employees and representatives from the construction, presence, existence, or maintenance of the BMPs by the Landowner or Municipality.

The Municipality may inspect the BMPs at a minimum of once every three years to ensure their continued functioning.

This Agreement shall be recorded at the Office of the Recorder of Deeds of Butler County, Pennsylvania, and shall constitute a covenant running with the Property and/or equitable servitude, and shall be binding on the Landowner, his administrators, executors, assigns, heirs and any other successors in interests, in perpetuity.

BE ADVISED, THE PROPERTY CONTAINS POST-CONSTRUCTION STORMWATER MANAGEMENT BEST MANAGEMENT PRACTICE(S) (PCSM BMPs) WHICH ARE SUBJECT TO A LONG-TERM OPERATION AND MAINTENANCE PLAN (O&M PLAN). THAT O&M PLAN HAS BEEN RECORDED AS PART OF A DEED RESTRICTION THAT AFFECTS THIS PROPERTY. YOU SHOULD FULLY UNDERSTAND YOUR LONG-TERM OPERATION AND MAINTENANCE OBLIGATIONS, AS THEY APPLY TO THE ASSOCIATED PCSM BMP(s).

The person or entity responsible for the long-term operation and maintenance of the PCSM BMP(s) is: Amherst Village II HOA (or assign)

The stormwater management system, which includes cleanouts, manholes, inlets, storm sewers, infiltration ponds with outlet control structures and dewatering devices, and riprap aprons, should be inspected at a minimum of two times per year on a periodic basis, and after heavy rainfall events.

The stormwater management system is a privately owned system and it is the responsibility of the property owner to perform these inspections, make all necessary repairs, and keep a record of the findings and results of the inspections available for review by the Township.

Inlets, Yard Drains, and Manholes - All structures shall be inspected and cleaned at a minimum of four times per year. All sediment, debris/trash shall be properly handled and disposed in accordance with local, state and federal guidelines and regulations.

Storm Sewer Pipes - All storm sewer piping should be inspected to make sure no sediment or debris build-up has occurred that might restrict the flow of water through them. If build-up has occurred, the pipes should be flushed and cleaned.

Infiltration Ponds - The facilities, including outlet control structures and dewatering devices, shall be inspected at least 2 times per year, as well as after every storm exceeding 1 inch. Facilities shall be inspected for accumulation of sediment and debris. All accumulated sediment and debris shall be removed and properly disposed. Restore vegetation over all disturbed areas during maintenance operations. The outlet control structures should be inspected to make sure no obstructions are preventing the orifice opening(s) from passing water into the outlet pipe. Any obstruction preventing the primary spillway from functioning properly must be removed. The dewatering device shall be inspected for clogging. If clogging has occurred, the underdrain shall be flushed and cleaned.

Riprap Aprons - Inspect aprons after high flows for damage and evidence of scour beneath the riprap. Replace displaced riprap within the apron immediately. Damaged portions of the aprons shall be replaced immediately.

In addition to these measures, all maintenance requirements of the Adams Township stormwater management ordinance must be followed.

Describe how access to the PCSM BMP(s) shall be obtained: The facilities can be accessed from access easements throughout the Plan.

Declarant hereby makes the Planned Community subject to the following covenants, conditions, reservations and restrictions. It is the intent of the Declarant that the Planned Community subject to this Declaration shall constitute a "planned community," as that term is defined in the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S. §§ 5101, et seq. (the "Act").

"Association" shall mean THE AMHERST VILLAGE II HOA, an unincorporated association, formed solely to own and operate the Common Elements of the Planned Community.

"Common Elements" shall mean all real and personal property located within the Planned Community to be maintained by the Association for the common use and enjoyment of the members of the association, including "Common Facilities."

"Owner" shall mean and refer to Declarant or such other person(s) or entity(ies) which holds title to one or more Lots in the Planned Community. The term does not include a person(s) or entity(ies) having an interest in a Lot solely as security for an obligation.

Coal, oil, gas, coal bed methane gas, and all other subsurface mineral rights have been severed from the surface interest of the Property. Declarant is excepting and reserving therefrom and thereout all Oil and Gas and/or byproducts thereof within and underlying the Property together with necessary and reasonable rights to develop, extract and market same.

Declarant hereby reserves an easement on, over, and under the Planned Community and all Lots created therein, in favor of the Declarant, Adams Township, appropriate utility and service companies, and governmental agencies and authorities for such private or public utility service lines and equipment as may be necessary or desirable to serve any portion of the Planned Community.

Declarant reserves an easement on, over and under those portions of the Common Elements and Lots for the purpose of maintaining and correcting drainage of surface water in order to maintain a reasonable standard of health, safety, and appearance for the Property. The easement includes the right to cut any trees, bushes, or shrubbery; grade the soil; or take any other action reasonably necessary.

All Lot owners shall take title to a Lot subject to a "New Property Owner Post-Construction Stormwater Management Best Management Practice(s) Notification and Operation and Maintenance Agreement" which governs the management of the stormwater facilities located in the Planned Community. The Association's ongoing responsibility for management of the planned community's common stormwater facilities.

If it becomes necessary or desirable to repair or rebuild the whole or any portion of said common or party wall, the expense of such repairing or rebuilding shall be borne equally by the adjoining Unit Owner. However, if the act or omission of one Owner damages the party wall, that Owner shall be solely responsible for the entire repair and cost thereof.

Maintenance responsibility is divided into responsibility for performance and responsibility for payment. Except as set forth herein, each Owner is responsible for both performance of and payment for all maintenance, repair, and replacement required for his or her Lot. The Association is responsible for performing the maintenance, repair, and replacement of the Common Elements.

The Association shall maintain, repair, and replace the Common Elements, including: (1) entry monument area grass cutting, mulching, planting and lighting; (2) sidewalks adjacent to Common Elements; (3) cluster mailboxes and pads; (4) Open Space areas; (5) storm water management facilities; (6) any structure on Common Elements; (7) streets until dedicated to Township.

The Association shall provide maintenance on each Townhouse Lot including Mowing, Line Trimming, Weed Control (4 annual applications), Edging and Mulching, and on lot snow removal of all sidewalks, driveways, leadwalks, and stoops, as well as alleys for the rear load Townhouses. The Association shall not provide maintenance on the single family detached lots.

Except as set forth herein to the contrary, the repair, maintenance and replacement of all improvements located on the Lot shall be the responsibility of the Owner, including without limitation, all sidewalks located on a Lot.

The Members of the Association shall be the Declarant and all Owners. With respect to the affairs of the Association, the Owner of each Lot shall have one vote. Cumulative voting is not allowed.

The Association shall have the following powers: adopt and amend Bylaws and Rules; adopt budgets and collect assessments; hire/terminate managing agents; institute litigation; make contracts; regulate Common Elements use; grant easements; impose fees and fines; and exercise any other powers conferred by the Act.

Not later than the termination of any period of Declarant control, the Members shall elect an Executive Board of at least three (3) members. The Members, by a two-thirds (2/3) vote of all persons present and entitled to vote at any meeting at which a quorum is present, may remove any member of the Executive Board with or without cause, other than a member appointed by the Declarant.

All Common Expense assessments shall be deemed to be adopted and assessed on an annual basis payable in monthly installments, and shall be due and payable in advance on the first day of the month. Each Lot shall be responsible for its prorata share of the Common Expenses. Declarant shall be responsible for all costs until the Executive Board establishes an assessment.

The Budget shall be designed with a tiered system for Monthly Assessments due based upon completion of the construction of improvements on a Lot. Currently, two types: (i) Incomplete Lot (no occupancy permit yet); and (ii) Single Family Lot. In no event shall the Monthly Assessment due for an Incomplete Lot be greater than one third (1/3) of the Monthly Assessment due for a Single Family Lot.

Lots owned by Builders shall be subject to a one-time assessment equal to Two Hundred Fifty and 00/100 Dollars ($250.00) per Unit applicable to such Lot. This one-time assessment shall be due and payable at the time that a Lot is purchased by any Builder.

In connection with the swimming pool and clubhouse to be constructed on the Recreational Lot, each Lot Owner shall make a one-time contribution to the Contribution Fund in the amount of One Thousand Seven Hundred ($1,700.00) Dollars at the time of purchase, which payment shall be made at the time of closing.

The Association shall have a lien against each Lot for any Common Expense assessments levied against that Member or fines imposed against that Member from the time the assessment or fine becomes due. Fees, charges, late charges, fines and interest charged, and reasonable costs including legal fees incurred in collection are collectible as assessments.

There shall be no structural alterations, capital additions to, or capital improvements on the Common Elements (other than for purposes of repairing, replacing and restoring) requiring an expenditure in excess of Twenty-Five Thousand Dollars ($25,000) without the prior approval of sixty percent (60%) of the Members.

Upon the purchase of a Lot, the Association shall collect from each purchaser (including the initial sale and resale), at the time of closing, a Capital Improvement Fee. The Capital Improvement Fee on the initial sale shall be $350.00 and on all subsequent resales shall be equal to the Master Association's annual assessment at the time of the sale or resale.

All sums assessed by the Association against any Member that remain unpaid shall bear interest thereon at a rate determined by the Executive Board (but not more than fifteen (15%) percent per annum) from the thirtieth (30th) day following the due date. Initially the interest rate on unpaid assessed amounts shall be 15% per annum.

Pursuant to Section 5222 of the Act, Declarant reserves the right to place the Association under and subject to a Master Association and to delegate any powers to the Master Association. The Declarant reserves these rights for a period of ten (10) years after the recording of this Declaration.

The Association shall lease the Recreational Lot and all improvements thereon for a period of 99 years. The Association will be responsible for making rental payments to the owner of the Recreational Lot and for all costs of operation (including lifeguards, security, cleaning, etc.), management, maintenance and repair thereof.

The Association shall obtain blanket, all-risk casualty insurance for all insurable improvements comprising the Common Elements in an amount sufficient to cover 100% of the replacement cost. The Association shall also obtain general public liability insurance and a public liability policy with at least a $1,000,000 minimum property damage limit.

EACH OWNER SHOULD CONSULT WITH A KNOWLEDGEABLE INSURANCE AGENT AND PURCHASE AN APPROPRIATE HOMEOWNER'S POLICY TO PROTECT THE OWNER'S LOT, DWELLING AND ITS CONTENTS. AS THE LOTS, DWELLINGS AND THEIR CONTENTS ARE NOT COVERED BY THE ASSOCIATION'S INSURANCE POLICIES.

Owners are advised to obtain insurance to cover any potential mine subsidence. Mine subsidence insurance provides financial compensation for losses caused by the movement of the earth's surface that results from the collapse of underground coal and clay mines in Pennsylvania. Each Owner fully releases Declarant and Approved Builder from any liability arising out of mine subsidence damage.

No Lot shall be used for any purpose other than for residential use, unless otherwise approved in writing by the Declarant and Adams Township.

All uses and building plans for improvements shall comply with the Zoning Ordinance of Adams Township and shall be approved in writing only by Declarant prior to commencement of any construction activities on a Lot. Transfer of control of the Association shall not extinguish or transfer Declarant's exclusive right to approve building plans.

Only builders who have been approved in writing by the Declarant ("Approved Builder") are permitted to construct dwellings on Lots. Declarant hereby consents to NVR Homes LLC as an Approved Builder. Transfer of control of the Association shall not extinguish or transfer Declarant's exclusive right to assign additional Approved Builders.

Builder shall use brick, stone, Hardie, or other similar approved materials for the construction of the exterior façade. No structure shall have an unfinished exposed foundation of concrete or concrete block. All structures shall have brick or stone to grade.

No one-story building shall be constructed with less than 1200 square feet first floor area, exclusive of garage, basement, and open porches. No one-and-a-half or two story building shall have less than 1500 square feet combined total area.

Each and every Lot and any improvement erected thereon shall be maintained in a reasonable manner in accordance with the standard generally prevailing throughout the Planned Community.

No noxious or offensive activity shall be conducted upon any Lot, nor shall anything be done which may become an annoyance or nuisance to the Planned Community.

No playhouse, treehouse, tool house, greenhouse, gazebo, generator or outbuilding or structure of any type detached from a dwelling, or children's play equipment or recreational equipment shall be constructed or placed on any Lot without the approval of the Executive Board.

No additions, decks, awnings, hedges, walls or fences shall be permitted on any Lot unless approved as to height, location, material and design by the Declarant. All retaining walls must be constructed of approved materials such as brick, precast stone. Landscape and railroad ties may not be used.

Oversized trucks, trailers, and other large vehicles may be parked on a Lot only if in garages. No junk or derelict vehicle shall be kept on any Lot. Vehicle repairs and storage are permitted only in garages. Campers, RVs and boats may not be parked in driveway for more than 2 weeks within any 6 month period.

No solar collector or any other device or equipment erected either on the exterior of a dwelling or detached therefrom and designed for the production of energy shall be permitted without approval from the Executive Board.

No signs shall be erected except: 1) marketing signs by Declarant or Approved Builder; 2) street and ID signs by Association; 3) one temporary real estate "for sale" sign; or 4) political signs per Association Rules. Violations may result in fines.

No Owner, guest, licensee, invitee or others shall discharge any toxic non-biodegradable substance into any storm water sewer(s) or open drainways. Such substances include paint, oil, gasoline, petroleum products, kerosene, paint thinner, anti-freeze and the like.

No farm animals and no animals of any type except for typical household pets such as dogs and cats shall be kept on the Lots. No external compound cages, kennels or hutches. Pets shall not be permitted on Common Elements unless accompanied and leashed. Owners must promptly remove and properly dispose of their pet's droppings.

No chain link, wooden fences, or solid privacy fences. All fences must be aluminum or vinyl and "picket" style. Height limited to 6 feet. No fences in front yard or extending past front corner of dwelling. Must include a 36" gate for mowing access. All fences must be approved by the executive board.

Driveways for single family detached Lots shall consist of poured concrete. Driveways for rear-loaded townhouse units can either be poured concrete, or asphalt construction.

Prior to the transfer of Declarant control, Declarant may amend this Declaration so long as the amendment, in the reasonable discretion of the Declarant, has no material adverse effect upon the development of the Planned Community. No amendment required by any state or local government authority will be deemed material.

After the transfer of Declarant control, this Declaration may be amended only by the affirmative vote or written consent of two thirds (2/3) of the Members, unless unanimous consent is required by the Act. Any amendment must be recorded in Butler County. No amendment may remove Declarant rights without Declarant consent.

It is expressly intended by the Developer and each Owner that the Township shall be a beneficiary of the covenants, restrictions, reservations and servitudes set forth herein. The Township shall be entitled to enforce all covenants and exercise any remedies available at law and in equity.

For a period of seven (7) years from the date of the recording of this Declaration, as may be extended by law, the Declarant shall have sole power and authority to appoint and remove the officers and members of the Executive Board of the Association, unless the Declarant earlier voluntarily surrenders the right. This period of Declarant's control will terminate no later than Sixty (60) days after the conveyance of seventy-five percent (75%) of the Lots to Owners other than a Declarant.

Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Lots to Members, at least one member and not less than twenty-five percent (25%) of the members of the Executive Board shall be elected by the Members.

Not later than sixty (60) days after conveyance of fifty percent (50%) of the Lots to Members, not less than thirty-three percent (33%) of the members of the Executive Board shall be elected by the Members.

Declarant shall maintain the storm water management facilities until final inspection and approval by governmental authorities. At such time (the "Transfer Date"), the Storm Water Maintenance Obligations shall be performed by the Association. The Association must accept and assume all storm water management facilities upon Declarant's execution of Transfer Documents.

If the Association fails to properly maintain the storm water management facilities, then Adams Township or other applicable governmental authority shall have the same rights granted to municipalities under §705 of the Pennsylvania Municipalities Planning Code to maintain the storm water management facilities.

The Planned Community may be terminated: (a) By Statute with consent of 100% of the Owners; (b) By Destruction if 100% of affected Owners and 51% of Mortgagees vote not to rebuild. Notwithstanding any termination, the easements created by this Declaration, and the covenants, conditions and restrictions shall run with the Property in perpetuity.