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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 Pa.C.S.A. §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. 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. C.S.A. §3101 et seq.

ARTICLE I

DEFINITIONS

Section 1.1 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.

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Section 1.2 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.

Section 1.3 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 1.4 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.

Section 1.5 Association shall mean a not-for profit corporation named Newbury Neighborhood Association, its successors and assigns.

Section 1.6 Board shall mean the duly elected Board of Directors of the Association.

Section 1.7 Brownstone Home shall mean an attached single family townhome ranging in size from a minimum of 1,750 square feet.

Section 1.8 Buffer Trees shall mean shall mean all trees immediately adjacent to the Property boundaries as identified on the Plan.

Section 1.9 Carriage Home shall mean an attached single family duplex home ranging in size from a minimum of 2,000 square feet.

Section 1.10 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 1.11 Cluster shall mean the group of Lots designated on the Plan upon which Carriage Homes, Brownstone Homes and Courtyard Townhomes are to be constructed.

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Section 1.12 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 1.13 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.

Section 1.14 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 1.15 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.

Section 1.16 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 1.17 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 1.18 Cottage Home shall mean an unattached single family home ranging in size from a minimum of 1,750 square feet.

Section 1.19 Courtyard Townhome shall mean an attached single family townhome ranging in size from a minimum of 1,500 square feet.

Section 1.20 Declarant shall mean and refer to Newbury Development Associates, LP, its successors and assigns.

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Section 1.21 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 1.22 General Common Expenses shall mean all Common Expenses other than Limited Common Expenses.

Section 1.23 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.

Section 1.24 Landscaping shall mean trees, shrubs, hedges, fences, retaining walls, rock gardens or other vegetation or landscaping structures or devices.

Section 1.25 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 1.26 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 1.27 Manor Home shall mean an unattached single family home ranging in size from a minimum of 3,100 square feet.

Section 1.28 Member shall mean and refer to all those Owners who are members of the Association, as provided in Section 2.1 hereof.

Section 1.29 Multifamily Development shall mean the proposed development of rental apartment buildings along Oakridge Road.

Section 1.30 Owner shall mean the record owner, whether one or more persons or entities, of a Lot, but excluding those persons having such interest merely as security for the performance of an obligation.

Section 1.31 Park Home shall mean an unattached single family home ranging in size from a minimum of 2,300 square feet.

Section 1.32 Parks shall mean outdoor recreation areas constructed as amenities for the residents of the Planned Community and their guests as shown on the Plans.

Section 1.33 Plan shall mean and refer to the drawing attached hereto as Exhibit “B”, as it may from time to time be amended.

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Section 1.34 Plan of Subdivision shall mean, collectively, that certain recorded subdivision plan known as the Newbury Plan of Lots of record in the Department of Real Estate of Allegheny County in Plan Book Volume 260, page 32, as amended by the Newbury Plan of Lots – 1st Revision, of record in the Department of Real Estate of Allegheny County in Plan Book Volume 261, page 166, as amended by the Newbury Plan of Lots – 2nd Revision, of record in the Department of Real Estate of Allegheny County, Pennsylvania, in Plan Book Volume 266, page 17 and as amended by the Newbury Plan of Lots – 3rd Revision, of record in the Department of Real Estate of Allegheny County, Pennsylvania, in Plan Book Volume 268, page 81, as it may from time to time be further amended.

Section 1.35 Planned Community shall mean “Newbury, a Planned Community.”

Section 1.36 Private Road shall mean any road within the Plan that is not intended to be dedicated to the Municipality in which it is located.

Section 1.37 Property shall mean that real property described in Exhibit “A”, together with such additional property as is hereafter subjected to this Declaration by Supplemental Declaration(s).

Section 1.38 Street Trees shall mean all trees adjacent to the streets in the Plan.

Section 1.39 Supplemental Declaration shall mean an amendment or supplement to this Declaration which subjects additional property to this Declaration or imposes, expressly or by reference, additional restrictions and obligations on the land described therein, or both.

ARTICLE II MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION

Section 2.1 Membership. Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot.

Section 2.2 Voting. The Association shall have two classes of Voting Membership

Class A. Class A Members shall be all Owners, with the exception of the Declarant, and they shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot, however, shall be exercised as such persons among themselves shall determine, but in no event shall more than one vote be cast with respect to any Lot.

Class B. Class B Members shall be the Declarant and any successor or assign who takes title for the purpose of development and sale. The Class B Members shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership upon the first to occur of the following events: (a) sixty (60) days after the conveyance of seventy-five percent (75%) of the Lots to Owners other than the Declarant; (b) seven (7) years after the date of the first conveyance of a Lot to a person other than the Declarant; or (c) when in its sole discretion the Declarant so determines. The time prior to the

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conversion of Class B member to Class A membership shall be deemed the time of Declarant Control.

From and after the happening of the first of the events set forth above, the Class B Members shall be deemed to be Class A Members entitled to vote as set forth above.

ARTICLE III PROPERTY RIGHTS

Section 3.1 Owner’s Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Property which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

(a) the right of the Association to limit the number of guests that may use the Common Property;

(b) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Property by guests of Owners;

(c) the right of the Association to suspend the voting rights, the right of the Owner to hold the office of a director or officer of the Association, and right to use the recreational facilities by an Owner for any period during which any assessment against the Owner’s respective Lot remains unpaid, and for any infraction of its published rules and regulations or for the duration of the infraction;

(d) the right of the Association to dedicate or transfer all or any part of the Common Property to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed upon by the Members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of Members agreeing to such dedication or transfer has been recorded;

(e) the right of the Declarant during the development and construction of improvements on and to the Property to modify and amend the areas designated as Lots or Common Property as may be reasonable and appropriate for engineering or architectural reasons and as dictated by marketing experience, provided, however, that the quantity of Common Property will not be substantially diminished;

(f) the right of the Declarant to grant easements upon, across, over, under, in and to any part of the Property to Declarant or to any public agency, authority or utility for ingress, egress, repair, and maintenance of all utilities including, but not limited to television cable service, security and similar systems, water, sewer, gas, telephone and electricity, provided, that upon termination of the Class B membership, this power shall pass to the Board of Directors of the Association; and

(g) the right of the Association to borrow money for the purpose of repairing or improving any facilities located thereon and to give as security therefore a mortgage covering all or any portion of the Common Property; provided, however, that in the event of a default and foreclosure upon any such mortgage, the mortgagee must permit continued use of the Common

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Property by the Owners and their guests, but shall have the right to charge admission and other fees as otherwise set forth herein.

Section 3.2 Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Property and facilities to members of his (or her) family, tenants or contract purchasers who reside on such Owner’s Lot.

Section 3.3 Title to Common Property. Title to the Common Property shall be conveyed to the Association, subject to all prior grants and reservations of coal, oil, gas, mining rights, rights of way, building line, building and use restrictions all exceptions, easements and conditions as the same may be and appear in proper instruments of record including those set forth in this Declaration except real property taxes, which taxes shall be prorated to the date of conveyance.

ARTICLE IV COVENANT FOR ASSESSMENTS

Section 4.1 Creation of Lien and Personal Obligation of Assessment. The

Declarant, for each Lot owned by it within the Property, hereby covenants, and each Owner of any Lot by the acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree, to pay the Association: (1) the Annual Assessment; and (2) a Cluster Assessment for Lots located in a Cluster; and (3) a Limited Common Expense Assessment, if applicable; and (4) special assessments, such assessments to be fixed, established and collected from time to time as hereinafter provided; and (5) specific assessments against particular Lots for fines or other charges. Said assessments, together with interest at a rate not to exceed the highest rate allowed by Pennsylvania law as computed from the date the delinquency first occurs, costs and reasonable attorney’s fees, shall be a charge on the land and a continuing lien upon the Lot against which the assessment was made and shall also be the personal obligation of the person who was the Owner of such Lot at the time when such assessment fell due. The said Owner shall remain personally liable for delinquent assessments even if the Lot is conveyed to a new Owner.

Section 4.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Property and for the improvement and maintenance of the Common Property, the payment of Common Property taxes and insurance thereon and repair, replacement and additions thereto and for the cost of labor, equipment, materials, management and supervision thereof, and for any and all Common Expenses. All Owners shall be liable for Annual Assessments, special assessments and specific assessments.

Section 4.3 Annual Assessments. The Annual Assessment for General Common Expenses shall be established annually by the Board. Annual Assessments shall be collected and paid monthly, quarterly or annually as determined by the Board. The Board may, after consideration of current maintenance costs and future needs of the Association, fix the assessment for any year at a lesser amount. Any amount accumulated in excess of the amounts required for actual expenses and reserves may be credited to each Owner on a pro-rata basis per the Dwelling type fee schedule and according to the number of months the Owner was assessed

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in that year and in such case, shall be applied to their next installments, until exhausted. Any net shortages shall be added, using the same formula, to the installments due in the succeeding six (6) months. It shall be the duty of the Board at least forty-five (45) days prior to the end of the Association’s fiscal year to prepare a budget covering the estimated costs of operating the Association during the coming year. The budget shall include a capital contribution establishing a reserve fund in accordance with a capital budget separately prepared.

(a) The Annual Assessment for General Common Expenses to be levied for the coming year against each Lot shall be computed by dividing the budgeted General Common Expenses by the total number of Lots completed in the current and all prior phases of the Planned Community. The Board shall cause a copy of the budget and assessment to be delivered to each Member at least thirty (30) days prior to the end of the fiscal year. The budget and the assessment shall become effective unless rejected at a special meeting by vote of at least fifty-one percent (51%) of the Association Members.

(b) The Association shall, within ten (10) business days after written request, furnish to any Owner a certificate in writing signed by an Officer of the Association setting forth whether all assessments have been paid on the Owner’s Lot. Such certificate shall be binding upon the Association, the Board and the Owner.

(c) In the event the Board is delayed in preparing the annual estimates or a vote of the membership causes a delay, the Owners shall continue to pay the monthly charges at the then-existing rate and schedule established for the previous period until the same shall be determined.

Section 4.4 Cluster Assessments. The Cluster Assessment applicable to the Cluster, shall be established annually by the Cluster Committee or the Board if no such committee exists. Assessments shall be collected and paid monthly, quarterly or annually as determined by the Board. The budget shall include the costs for (i) the complete care of all lawns and landscaping, including cutting, trimming and fertilizing for all Courtyard Townhome, Brownstone Home and Carriage Home Lots; (ii) removal of snow and ice on driveways and walkways on all Courtyard Townhome, Brownstone Home and Carriage Home Lots; and (iii) a reserve for the foregoing. Such budget may include a capital contribution establishing a reserve fund for repair and replacement of any other capital items within the Cluster, as appropriate. The Association or its management agent shall use their best efforts to obtain these services from quality providers consistent with community wide standards at reasonable expense. Any amount accumulated in excess of the amounts required for actual expenses and reserves may be credited to each Owner on a pro-rata basis according to the number of months the Owner was assessed in that year and in such case, shall be applied to their next installments, until exhausted. Any net shortages shall be added, using the same formula, to the installments due in the succeeding six (6) months. It shall be the duty of the Cluster Committee or the Board at least forty-five (45) days prior to the end of the Association’s fiscal year to prepare a budget covering the estimated Cluster Assessment costs during the coming year. The budget shall include a capital contribution establishing a reserve fund in accordance with a capital budget separately prepared.

(a) The Cluster Assessment to be levied for the coming year against each applicable Lot within the Cluster shall be computed by dividing the budgeted Cluster Expenses

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by the total number of Lots in such Cluster as shown on the Plan. The Cluster Committee shall cause a copy of the budget and assessment to be delivered to each Owner within the applicable Cluster at least thirty (30) days prior to the end of the fiscal year. The budget and the assessment shall become effective unless rejected at a special meeting by vote of at least fifty-one percent (51%) of Owners within the Cluster.

(b) In the event the Cluster Committee or Board is delayed in preparing the annual estimates or a vote of the membership causes a delay, the Owners shall continue to pay the monthly charges at the then-existing rate and schedule established for the previous period until the same shall be determined.

Section 4.5 Alley and Parking Limited Common Facilities Assessments. The annual Alley and Parking Limited Common Facilities Assessment shall be established annually by the Board and shall be collected and paid monthly, quarterly or annually as determined by the Board. Any amount accumulated in excess of the amounts required for actual expenses and reserves may be credited to each Owner on a pro-rata basis according to the number of months the Owner was assessed in that year and in such case, shall be applied to their next installments, until exhausted. Any net shortages shall be added, using the same formula, to the installments due in the succeeding six (6) months.

(a) The Alley and Parking Limited Common Facilities Assessment to be levied for the coming year against each applicable Lot shall be computed by dividing the budgeted expenses associated with maintenance, repair and a replacement reserve for the Alley and Parking Limited Common Facilities by the total number of Saturday Way Lots. The Association shall cause a copy of the budget and assessment to be delivered to each applicable Owner at least thirty (30) days prior to the end of the fiscal year. The budget and the assessment shall become effective unless rejected at a special meeting by vote of at least fifty-one percent (51%) of applicable Owners.

(b) In the event the Board is delayed in preparing the annual estimates or a vote of the membership causes a delay, the Owners shall continue to pay the monthly charges at the then-existing rate and schedule established for the previous period until the same shall be determined.

Section 4.6 Special Assessments. In addition to the Annual Assessments, the Board of Directors may levy special assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement on Common Property, including fixtures and personal property related thereto, provided that any such special assessment shall have the assent of fifty-one percent (51%) of the votes of the Members present, in person or by proxy, at a meeting duly called for this purpose.

Section 4.7 Specific Assessments. In addition to the foregoing, the Board may levy specific assessments against individual Lots where there is a particular charge attributable only to that Lot or a fine has been imposed as provided hereinafter. Such assessment shall be made at a regular meeting of the Board of which the Owner involved has had fifteen (15) days advance notice to appear.

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Section 4.8 Reserve for Replacements. The Association shall establish and maintain a reserve fund for replacements, contingencies, capital expenditures and deferred maintenance of any part of the Common Property the Board deems appropriate (the “Reserve Account”). The amount shall be uniform or adjusted equitably according to circumstances as the Board shall determine, in its sole discretion, and shall be deemed a Common Expense. The reserve shall be kept in an interest bearing account, shall only be expended for the purpose of effecting the replacement of Common Property or Controlled Facilities and for operating contingencies of a non-recurring nature. The Board shall have the right to segregate all or any portion of the reserve for any specific replacement or contingency upon such conditions as the Board deems appropriate. The Board may treat such sums as capital contributions or take any other action which it deems to be required by the Internal Revenue Code to obtain the optimum use of said funds. The proportionate interest of each Owner shall be considered appurtenant to his Lot and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Lot and shall be deemed to be transferred with such Lot.

Section 4.9 Date of Commencement of Annual Assessment - Due Dates. The Annual assessment as to each Lot shall commence on the first day of the month following the month in which the Lot is conveyed to an Owner other than the Declarant. The first Annual Assessments for each Lot shall be prorated in relation to the number of months remaining in the calendar year. The due date of any special assessment under Section 4.4 hereof shall be fixed in the resolution authorizing such assessment.

Section 4.10 Effect of Non payment of Assessments - Remedies of the Association. Any assessment not paid within fifteen (15) days after the due date shall include a late fee as may be set by the Board of Directors. The Association may bring an action at law or in equity against the Owner or person personally obligated to pay the assessment, or foreclose the lien against the Lot, or it may seek and obtain any other remedy at law or in equity, and there shall be added to the amount of such assessment the costs of preparing and filing the Complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as provided and a reasonable attorney’s fee, together with all other costs of the action, and any amounts paid by the Board for taxes or on account of superior liens or otherwise to protect its lien, which expenses and amounts, together with accrued late charges and interest, all of which shall constitute part of the delinquent assessment and shall be collectible as such. All legal costs, costs of collection and reasonable attorney’s fees shall also be a continuing lien upon the Lot against which such charges and assessments were made. No Owner may waive or otherwise except liability for the assessments provided for herein by non-use of the Common Property, dissatisfaction with the level or quality of service provided, or abandonment of his Lot. Notice of the delinquency shall be sent to both the Owner and the mortgagee of the Owner if the Association has been given notice of the identity of such mortgagee by Owner in writing prior to the initiation of legal proceedings. All sums assessed by the Association, together with late charges and interest, if any, thereon shall constitute the personal liability of the Owner so assessed and also shall, until fully paid, constitute a lien against the Lot. In addition to such other remedies available to the Association, in the event of non-payment of any assessment, the Association shall have the right to revoke the rights of any Owner to use the Common Property facilities, to vote in the Association, and to be elected to the Board of Directors, provided the Association shall provide written notice of such revocation and an opportunity for the defaulting

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Owner to be heard before the Board of Directors or a committee appointed for such purpose. The decision of the Board of Directors or such committee shall be final.

Section 4.11 Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed upon any Lot subject to assessment, provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such Lot pursuant to a decree of foreclosure or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such properties from liability for any assessments thereafter becoming due nor from the lien of any such subsequent assessment. Sale or transfer of the Lot shall not affect the assessment lien. Judicial sale pursuant to an action to foreclose the said first mortgage shall not extinguish the personal liability of the Owner.

ARTICLE V INSURANCE

Section 5.1 Owner’s Coverage. Each Owner shall keep his Lot and Dwelling insured against loss or damage by fire and such other hazards as are covered under standard extended coverage provisions and comprehensive public liability insurance, under policies issued by a company or companies licensed to do business in the Commonwealth of Pennsylvania and providing for payment of monies sufficient to cover the full cost of replacing or repairing the same under insurance policies payable, in case of loss or damage, to the Owner and to the Association as their interests may appear, such rights to be evidenced by the standard clause to be attached to each policy, and shall deliver to the Association evidence of such insurance and the renewal thereof from time to time upon request. Further, the Association shall have the right to require the Owner of any Lot or structure upon the Lot damaged or destroyed by fire or other peril to rebuild, reconstruct, repair, rehabilitate, and/or refurbish the structure situate upon the Lot in a manner comparable to its prior condition.

Section 5.2 Association Coverage. The Board, or such other person as the Board may appoint as insurance trustee, shall obtain and maintain to the extent obtainable, without prejudice to the right of each Owner to insure his own Lot and Dwelling for his own benefit the following insurance policies:

(a) Insurance on the Common Property in an amount equal to the full replacement value and with a replacement cost endorsement which provides for the payment of all losses without deduction or allowance for depreciation. Such coverage shall afford protection against at least the following:

(1) Loss or damage by fire or other hazards covered by the standard extended coverage endorsement and additional extended coverage endorsement; to any improvements on the Common Property, if any;

(2) Such other risks as shall customarily be covered with respect to projects similar in construction, location and use, including, but not limited to,

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vandalism, malicious mischief; and such other insurance as the Board may from time to time determine;

(3) Public liability insurance in such amounts as the Board may from time to time determine is necessary. Said insurance shall cover each member of the Board, its officers and the managing agent or manager, as each Owner from liability in connection with the Association, the Common Property or facilities or any decision or work performed in connection therewith; and

(4) Such other policies of insurance, including insurance for other risks of a similar nature, as are or shall hereafter be considered appropriate by the Board.

(b) The premiums for the insurance coverage shall be a Common Expense levied by the Board against the Owners.

(c) The Board, or its designee, shall have the exclusive authority to adjust losses under the said insurance policies.

(d) The Association shall not be responsible for insurance on the contents of any Dwelling, the additions and improvements to any Lot, all personal property of any Owner wherever situated and the personal liability of any Owner other than as set forth in Section 5.2(a)(3) herein.

ARTICLE VI SEPARATE MORTGAGES, TAXES, UTILITY CHARGES

Section 6.1 Mortgages. Each Owner shall have the right to mortgage or encumber his own respective Lot and Dwelling. No Owner shall have the right or authority to mortgage or otherwise encumber in any manner whatsoever the Common Property.

Section 6.2 Taxes. Pursuant to §5105 of the UPCA, 68 Pa. C.S.A. §5105(b)(1), the Common Property shall not be separately assessed nor taxed, rather, the value of each Lot shall include the value of that Owner’s appurtenant interest in the Common Property. However, in the event taxes are assessed against the Common Property, such taxes shall be treated as part of the Common Expenses.

Section 6.3 Utilities. In the event the Association offers and/or provides any utility service to the Owners, the Association shall apportion such service in a manner it deems reasonable, and shall bill each owner for the cost of the utility service plus any associated overhead. Such amount may be included in the Common Expenses.

ARTICLE VII UTILITY SERVICE CONNECTIONS

The rights and duties of the Owners of Lots within the Property with respect to utility service connections, including sanitary and storm sewer, water, electric and telephone lines and related facilities, shall be governed by the following:

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(a) Wherever utility service connections, or any portion thereof, lie in or upon a Lot owned by other than the Owner of a Lot serviced by the connections or in or upon the Common Property, the Owner of any Lot served by the connections shall have the right and license from time to time to enter upon, or to have the respective utility companies enter upon the Lots or Common Property in or upon which the connections, or any portion thereof lie, in order to repair, replace and generally maintain said connections to the full extent necessary for such purposes.

(b) In the event of a dispute between Owners with respect to the repair, replacement or maintenance of any connections, or with respect to the sharing of the cost thereof, then upon written request of one of such Owners addressed to the Association, the matter shall be submitted to its Board of Directors, which shall decide the dispute and the decision of the Board shall be final and conclusive on the parties.

ARTICLE VIII ENCROACHMENTS AND EASEMENTS

Section 8.1 Easements of Encroachment. There shall be reciprocal appurtenant

easements of encroachment as between each Lot and such portion or portions of the Common Property adjacent thereto or as between adjacent Lots, due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of these restrictions) to a distance of not more than three (3) feet, as measured from any point on the common boundary along a line perpendicular to such boundary at such point; provided, however, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of an Owner, tenant, or the Association.

Section 8.2 Easements for Utilities. There is hereby reserved unto Declarant, so long as the Declarant owns any property described on Exhibits "A" or "B", the Association, and the designees of each (which may include, without limitation, South Fayette Township and any utility provider), blanket easements upon, across, over, and under all of the Common Property and, to the extent shown on any plat, over the Lots for ingress, egress, installation, replacing, repairing, and maintaining cable television systems, master television antenna systems, security, and similar systems, roads, walkways, bicycle pathways, lakes, ponds, wetlands, drainage systems, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephones, gas and electricity. Without limiting the generality of the foregoing, there are hereby reserved for the local water supplier easements across all Lots for ingress, egress, installation, reading, replacing, repairing, and maintaining water meter boxes. Notwithstanding anything to the contrary contained in this Section, no sewers, electrical lines, water lines, or other utilities may be installed or relocated on the Properties, except as may be approved by the Association's Board of Directors or as provided by Declarant. Should any entity furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, the Board of Directors shall have the right to grant such easement over the Plan without conflicting with the terms hereof. The easements provided for in this Article shall in no way adversely affect any other recorded easement on the Plan. The Board shall have, by a two-thirds (2/3) vote, the power to dedicate portions of the Common Property to South Fayette Township or to any other local, state, or federal governmental entity.

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Section 8.3 Easement for Cluster Maintenance. There is hereby reserved unto the

Association, and its agents, employees and contractors, blanket easements upon, across, over, and under all of the Lots in the Cluster for the purpose of performing the complete care of all lawns and landscaping, including cutting, trimming and fertilizing and for removal of snow and ice on driveways and walkways for all Courtyard Townhome, Brownstone Home and Carriage Home Lots.

ARTICLE IX ARCHITECTURAL CONTROL

Section 9.1 Architectural Control. No Dwelling, building addition, fence, wall or

other structure, addition or alteration of any nature (an “Exterior Alteration”) shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, color, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structure and topography by the Declarant during Declarant Control or thereafter by the Board or by an Architectural Committee composed of three (3) or more representatives appointed by the Board (the “Review Entity”). The Review Entity shall have sixty (60) days to review said plans. In the event that the Review Entity, in its sole discretion, determines that said plans are incomplete, the Review Entity shall provide the applicant with its written request for more information. Upon the Review Entity’s receipt of information, which the Review Entity, in its sole discretion, deems to be complete, the Review Entity shall have an additional sixty (60) days to complete the review of the application. In the event that the Review Entity fails to approve or reject said plans and specifications within sixty (60) days after said plans have been finally complete, approval will be deemed to have been granted. The Review Entity may provide conditional approval, or approve only a portion of the submitted plans and specifications; in which event, any portion not specifically approved shall be deemed to be rejected.

For initial construction of all Dwellings, a Preliminary Plan shall be submitted to the Review Entity within three (3) months after a Lot is acquired by the original Owner. Final Architectural Prints shall be submitted to the Review Entity within six (6) months after the Lot is acquired by the original Owner. Construction of a Dwelling unit must commence within eight (8) months after a Lot is acquired by the original Owner. Construction must be completed within twelve (12) months after a building permit is issued. Any unrelated Owner other than the original Owner shall complete the design and construction of the Dwelling within nine (9) months after acquisition of such Lot. If construction is not commenced within such eight (8) or nine (9) month period, as applicable, Declarant may, at its sole option, repurchase such Lot from the Owner for the original purchase price paid by such Owner, with transfer taxes and closing costs to be paid by the Owner.

Upon receipt of written approval from the Review Entity of said plans and specifications, all new construction of a Dwelling shall be completed within three hundred sixty-five days (365) days and all alterations and/or improvements or additions shall be completed within one hundred eighty (180) days at the sole cost and expense of the applicant, and in strict compliance with the plans and specifications as approved. In the event that said alterations and/or improvements are

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not completed in strict compliance with the plans and specifications, and within said time period, the Association may, in its discretion, complete, replace and or repair such alterations or improvements, and charge the Owner for any expense involved, which charge may be enforced as provided in Article IV hereof as an assessment against said Lot. In special circumstances, an Owner may apply for an extension of time to perform the approved construction, provided said application for extension is in writing, specifically identifies the circumstances which require such extension, and is made within the time period identified herein. The Board is under no obligation to grant any extensions hereunder, and any extensions granted shall be at the sole discretion of the Board.

Section 9.2 Landscaping. Each Owner or Owner’s contractor shall plant the shrubs and trees as shown on the Landscaping Plan for their Lot. Owners of Park, Manor and Cottage homes shall be responsible for their maintenance. The shrubs and trees as shown on the Landscaping Plan for Carriage Homes, Courtyard Townhomes and Brownstone Homes shall be maintained by the Association. Flowers may be planted in established beds without approval of the Board and shall be maintained by each Owner.

Section 9.3 Alterations. In the event an Owner commences or otherwise implements an Exterior Alteration without the written approval of the Review Entity, the Association is authorized to require the Owner, at said Owner’s sole cost and expense, to remove the Exterior Alteration and return the Lot and/or Dwelling to its original condition. The Review Entity shall provide the Owner with written notice of its demand for removal of the Exterior Alteration, specifying the time period for completion of said removal. In the event the Owner fails to complete said removal within the specified time period, the Association may, in its discretion, complete such removal and charge the Owner for any expense involved, which charge may be enforced as provided in Article IV hereof as an assessment against the Lot. In addition, regardless of whether the Review Entity requires that the Exterior Alteration be removed, the Association may impose a reasonable fine upon the Owner and assess the Owner for all damages incurred, which fine and assessment for damages may be enforced as provided in Article IV hereof as an assessment against the Lot. The Association shall be authorized to enforce the provisions of this Section 9.3 at any time until the Owner requests and receives written approval from the Review Entity for such an Exterior Alteration.

Section 9.4 Discretion. The extent of discretion reserved to the Review Entity in approving and rejecting Architectural Prints is broad and will cover not only matters treated elsewhere in these restrictions, but other matters deemed by the Review Entity to be appropriate from time-to-time, including considerations that are aesthetic and subjective, to assure a proper mix, coordination and blending of house design, exterior material and color treatments, and placements of Dwellings on Lots within the Plan, and to maintain height and view control. Design approval shall take into account not only front elevations, but rear and side elevations as well, with particular attention to aesthetic and subjective considerations relative to Dwellings with walk-out lower levels.

Section 9.5 Contractors. Only construction contractors who have been approved by Declarant may construct Dwelling units in the Plan, or construct an Exterior Alteration upon a previously completed Dwelling unit. With respect to the construction of an Exterior Alteration upon a previously completed Dwelling unit, if an Owner wishes to use a construction contractor

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not previously approved by Declarant, such Owner shall submit a portfolio of such contractor’s prior projects, or such other evidence of such contractor’s capability as Declarant may reasonably request to enable Declarant to determine such contractor’s qualifications. Prior to commencing construction, contractor and Owner shall sign an acknowledgment that they have read and understand the contents of this Declaration.

Section 9.6 Architectural Provisions. No Dwelling may be constructed on any Lot unless it conforms to the following:

(a) Shapiro & Company Architects, Inc. Material Selection Guideline for Newbury dated April 27, 2010, attached hereto and incorporated herein as Exhibit “C”, except that equivalent materials that match the performance and aesthetic of the materials specified for asphalt shingles and exterior paint in the Material Selection Guideline shall be acceptable upon review and approval by the Declarant; and

(b) Shapiro & Company Architects, Inc. Residential Vision Board for Newbury dated March 5, 2009 and attached hereto and incorporated herein as Exhibit “D”.

Section 9.7

(a) Type of Use. Only detached single family residential buildings shall be constructed on those Lots identified on the Plan as Park, Manor or Cottage Lots; only Courtyard Townhomes shall be constructed on those Lots identified on the Plan as Courtyard Lots; only Carriage Homes shall be constructed on those Lots identified on the Plan as Carriage Homes; and only Brownstone Homes shall be constructed on those Lots identified on the Plan as Brownstone Lots; and once built, shall only be used for such purpose, except that Declarant reserves the right to maintain a sales office within the Plan and “model” homes of any type Dwelling type within the Plan.

(b) Dwelling Size. Dwellings constructed on Lots shall have a minimum square footage of finished floor space above street grade, excluding breezeways, porches and garages, as determined by Declarant on the attached Exhibit “E”.

(c) Building Setback. The minimum setbacks of Dwellings from the front, side and rear Lot lines shall be determined by Declarant and contained on the Plan. In the absence of such determination, the setbacks for front, side and rear Lot lines as prescribed by ordinances of South Fayette Township shall apply.

(d) Heights. Declarant shall determine individual minimum and maximum height restrictions on each Dwelling type built on each Lot in the Plan because of the need and desirability to limit and control the height of Dwellings. In absence of determination to the contrary, no Dwelling (except for a Brownstone Home, Courtyard Townhome or Manor Home), shall exceed two (2) stories in height, and no portion of any Dwelling (except for a Brownstone Home, Courtyard Townhome or Manor Home), other than a chimney, shall exceed forty-eight (48) feet in height, as measured from the lowest grade adjacent to the front of the Dwelling to the highest point of the Dwelling, other than the chimney. Brownstone Homes, Courtyard Townhomes, and Manor Homes may not exceed three (3) stories in height, and no portion of any

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Brownstone Home or Courtyard Townhome, other than a chimney, shall exceed fifty-eight (58) feet in height, as measured from the lowest grade adjacent to the front of the Dwelling to the highest point of the Dwelling, other than the chimney. Dormers on rooflines may be utilized.

(e) Building Quality and Standards. Each Dwelling unit constructed on a Lot in the Plan of Subdivision shall be subject to the “Home Performance Building and Quality Standards” attached hereto as Exhibit “F”.

Section 9.7 Landscape Control.

(a) Plans. No Landscaping shall be planted, constructed or altered or planting beds or landscape structures created or altered on any Lot within the Plan of Subdivision until Landscape Plans have been submitted to and approved by Declarant, with the exception of annual and perennial flowers which may be planted in established beds at the discretion of the Owner.

(b) Approval. The Landscape Plans shall be submitted to Declarant, who shall have thirty (30) days following submission to either approve or reject them. If Declarant does not approve or reject the Landscape Plans within the thirty (30) day period, they shall be deemed approved. If Declarant rejects all or any portion of the Landscape Plans, the Owner shall resubmit them or portions of them, and Declarant shall have thirty (30) days after resubmission within which to accept or reject the Landscape Plans. Failure of Declarant to accept or reject the Landscape Plans shall be deemed acceptance.

(c) Tree Removal. No tree with a trunk more than four (4) inches in diameter shall be removed from a Lot without the prior approval of Declarant unless such tree shall be damaged, diseased or within the building lines of a proposed Dwelling.

(d) Discretion. The extent of discretion reserved to Declarant in approving and rejecting Landscape Plans is broad and will cover not only matters treated elsewhere in these restrictions, but other matters deemed by Declarant to be appropriate from time to time, including considerations that are aesthetic and subjective, to assure the completeness of the Landscaping on the Lot, height and view control, uniformity of design between the Dwelling on the Lot and the Landscaping, and a proper mix, coordination and blending of Landscaping within the Plan.

(e) Time. As a part of construction of a Dwelling on any Lot, the Lot shall be landscaped to standards determined by Declarant to be minimally acceptable and, if not completed by occupancy of the Dwelling, shall be completed within two (2) months thereafter. For purposes of the preceding sentence, the months of December, January, February and March shall be excluded from calculation of the two-month period, although a Landscape Plan shall be submitted and approved prior to occupancy.

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ARTICLE X USE RESTRICTIONS - GENERAL REGULATIONS

Section 10.1 Use Restrictions. The Property is intended to be used for the following

purposes, and their use is hereby restricted as follows:

(a) Lot Restrictions. No Lot may be divided or subdivided into a smaller unit, nor may any portion of any Lot be added to or incorporated into another Lot, nor any portion less than all thereof sold or otherwise transferred without the prior written consent of the Board and South Fayette Township in accordance with the applicable subdivision ordinance. Upon the approval of such requested subdivision, the Association shall prepare, execute and record an Amendment to the Declaration, including the Plan of Subdivision, subdividing such Lot, in accordance with §5215 of the UPCA, and at the requesting Owner’s sole cost and expense.

(b) Use of Common Property. The Common Property and facilities may be used by all Owners and/or residents, their families, guests and invitees, subject to such rules and regulations as may be established by the Association.

(c) Use of Limited Common Facilities. The Limited Common Facilities behind and adjacent to Lot 76R and Lot 77R, as indicated on the Plan, shall be used and maintained exclusively by the Owners of Lot 76R and Lot 77R, respectively.

(d) Use of Cluster Common Area Parking. The parking areas within the Cluster Common Areas shall be used exclusively by the Owners of Lots within the Cluster.

(e) Lot Maintenance. Regardless of whether the Lot has been improved, each Owner shall furnish and be responsible, at his own expense, for all of the maintenance, repairs and replacements within his own Lot and also for all exterior maintenance required in and about his Lot, including snow removal, care of foundation planting and trees and repair and painting of any and all structures erected on or improvements to the Lot. Notwithstanding the foregoing, Owners of Carriage, Brownstone and Courtyard Townhome Lots shall not be responsible for exterior landscaping or snow removal, which shall be performed by the Association and charged to the Owners of Carriage, Brownstone and Courtyard Townhome Lots as Cluster Assessments. If any required maintenance is not performed within forty-five (45) days with respect to any Dwelling or other structure on the Lot, and ten (10) days with respect to foundation planting and trees or any approved landscape alterations, after the Association has given the Owner written notice to do so, the Association may, in its discretion, perform such maintenance and charge the Owner for any expense involved, which charge may be enforced as provided in Article IV hereof as an assessment against said Lot. In special circumstances, an Owner may apply for an extension of time to perform the required maintenance, provided said application for extension is in writing, specifically identifies the circumstances which require such extension, and is made within the time period identified herein the Board is under no obligation to grant any extensions hereunder, and any extensions granted shall be at the sole discretion of the Board.

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(f) Prohibited Use. No articles of personal property belonging to any Owner shall be stored on any portion of the Common Property without the prior written consent of the Board. Nothing shall be done or kept in any Lot or in the Common Property which violates the law or which will increase the rate of insurance on any building or contents thereof.

(g) Nuisances. No noxious or offensive activity shall be carried on upon the Common Property or upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

(h) Signs. No sign of any kind shall be displayed to the public view on any Lot except one (1) sign not larger than five (5) square feet advertising the sale or rent of a Lot, which sign may be placed upon the Lot or on the inside of one window. No signs may be placed on the Common Property or elsewhere on the Property. Nothing herein shall prohibit the Declarant from placing signs or other advertising on the Property at any time. Signs limiting hunting and or trespass are permitted.

(i) Garbage and Refuse Disposal. Trash, garbage and other waste shall be kept only in sanitary containers and shall be disposed of in such manner as may be prescribed from time to time in rules and regulations by the Association. No dumping of garbage or refuse shall be permitted on any Lot or Common Property.

(j) Residential Use. Except as provided herein, none of the Lots shall be used for any purpose other than for residential use. No profession or home business shall be conducted in or on any part of a Lot without the specific written approval of the Board. If zoning regulations permit professional activities to be conducted within or upon the Lot, application may be made by the Owner to the Board for approval to commence such use of the Lot. Each such application shall be considered by the Board on an individual basis. No professional activity shall be approved by the Board unless and until each of the following conditions have been met: (1) The requesting Owner is current in all assessments or fines, including interest and penalties which have been or shall be levied on the Owner and/or the Lot by the Association; (2) Excessive traffic shall not be permitted through the Property, including, but not limited to, delivery vehicles; (3) No employees, consultants, advisors, customers, clients, delivery persons, or any other individuals other than the Owner shall work at the Lot, or visit the Lot for business purposes; (4) All trash shall be residential trash only. No trash shall be placed on the exterior of the Lot, except during designated times on trash pickup day; (5) No signs of any kind or designation of the business shall be placed on the exterior of the Lot, or be visible from the exterior of the Lot; (6) No nuisance of any kind shall be created by the business or the conduct thereof; (7) Nothing shall be stored in any Dwelling unit, on any Lot or on any Common Property which is hazardous in nature, or which could create or cause a hazard; (8) No modifications of any type are required nor shall be made to the exterior or structure of the Dwelling unit, or which would be visible from the exterior of the Dwelling unit except in compliance with Article IX hereof; (9) Complaints received from any other Owners regarding the operation of the business or the condition of the Dwelling unit will be addressed by the Board and may be cause for termination of this approval, at the Board’s discretion.

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(k) Laws. All valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed on the Property by the residents.

(l) Temporary Structures. The erection of any structure, including, without limitation, any structures of a temporary character, dog house, trailer, tent, shack, garage, barn or other out-building shall require the prior consent of the Declarant or the Board, as applicable. No temporary building, mobile home, tent, trailer, motor home, basement, camper, barn, garage, building in the course of construction, or other out building or temporary structure may be used as a temporary or permanent residence on any Lot.

(m) Pets. No animals or livestock, of any kind shall be raised, bred or kept in any Dwelling unit, on any Lot or in the Common Property, except a reasonable number of domesticated dogs, cats, birds or other household pets may be kept in the Dwelling units, subject to the rules and regulations adopted by the Association. In the event the pet(s) make excessive noise or otherwise violate the rules and regulations as adopted by the Association, upon notice as provided in Section 10.3 hereof, Owners shall, at the discretion of the Board, be required to remove pets from the Property, and otherwise comply with sanctions as imposed by the Board. Commercial kennels, boarding, and/or the breeding of any animals for commercial purposes is prohibited.

(n) Motor Vehicles. All motor vehicles must be maintained, registered, inspected, insured and in good working order. Storage of heavy equipment is prohibited except when in use for the approved construction on the Lots or Common Property, snow removal, or property maintenance. Unsightly vehicles or equipment are prohibited unless concealed in existing structures.

(o) Garages. Each Dwelling constructed within the Plan shall have a garage, containing space for a minimum of two (2) vehicles. Automatic door openers shall be installed for all garage doors. Garage doors shall be closed except when in operation.

(p) Parking Areas and Driveways. Outside parking areas other than driveways shall not be permitted on any Lot. The location of all driveways within the Plan shall be approved by Declarant and shall be located no closer than one (1) foot from any Lot line. All driveways shall be constructed of concrete (minimum four (4) inches), asphalt and stone base (minimum eight (8) inches) or other material as approved by Declarant.

(q) Outdoor Recreational Equipment. Before any Owner constructs or places any playhouse, tree house, greenhouse, gazebo, children's play equipment or recreational equipment on any Lot, such Owner shall obtain prior written approval of Declarant as to size, design, materials and location of such item. Declarant reserves the right to prohibit any of the same if, the Declarant, in its sole discretion, believes such item would adversely affect the aesthetics of the Plan or the safety of those living in the Planned Community.

(r) Decks, Hedges, Walls and Fences. No decks, hedges, walls or fences shall be permitted on any Lot within the Plan unless approved as to height, location, material and

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design by Declarant. Fences shall not exceed four (4) feet in height. Retaining walls shall be constructed of masonry units, brick or stone.

(s) External Energy Systems. 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 for heating or cooling or for any other purpose shall be permitted without approval from Declarant.

(t) Outdoor Lighting, Mailboxes. The design style, placement and intensity of outdoor lighting, whether for security or ornamentation, other than decorative fixtures erected on Dwellings and having a maximum wattage of 100 watts, shall be approved by Declarant. Declarant shall determine the style of all mailboxes and house numbers.

Section 10.2 Rules and Regulations. The Board of Directors may establish reasonable rules and regulations concerning the use of the Common Property, any facilities located thereon, and individual Lots and Dwellings, including the imposition of reasonable user fees and limits upon the number of permitted guests. Copies of such regulations and amendments thereto shall be furnished by the Association to all Owners prior to the rules effective date. Such regulations shall be binding upon the Owners, their families, tenants, guests, invitees and agents, until and unless such regulations, rules or requirements be specifically overruled, canceled or modified by the Board, or, in a regular or special meeting, by the vote of the Members, including the Class B Members so long as such membership shall exist. The Board shall have the authority to impose reasonable monetary fines and other sanctions or to seek injunctive relief. Such fines shall be deemed to be liquidated damages and their assessment and collection is hereby consented to by each Owner and all persons claiming title through them.

Section 10.3 Procedure. Unless otherwise provided herein, the Board shall not impose a fine, suspend voting or infringe upon any other rights of a Member or other occupant for violation of any provision of the Declaration, Bylaws or any of the rules and regulations until the following procedure is followed:

(a) Demand. Written demand to cease and desist from an alleged violation shall be served upon the alleged violator specifying:

(1) The alleged violation;

(2) The action required to abate the violation; and

(3) A time period, not less than ten (10) days, during which the violation may be abated without further sanction if such violation is a continuing one, or a statement that any further violation of the same rule may result in the imposition of a sanction after notice and hearing if the violation is not continuing.

(b) Notice. At any time within twelve (12) months of such demand, if the violation continues past the period allowed in the demand for abatement without penalty, or if the same rule is subsequently violated, the Board shall serve the violator with written notice, personally or by regular or certified mail, of a hearing to be held by the Board in executive session. The notice shall contain:

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(1) The nature of the alleged violation;

(2) The time and place of the hearing, which time shall not be less than ten (10) days from the giving of the notice;

(3) An invitation to attend the hearing and produce any statement, evidence and witnesses on his behalf; and

(4) The proposed sanction to be imposed.

(c) Hearing. The hearing shall be held in executive session pursuant to this notice affording the Member a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard shall be deemed adequate if a copy of the notice together with a statement of the date and manner of delivery is entered by the officer, director or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed.

(d) Sanctions. The Board of Directors, in addition to any other rights or remedies, shall have the right to impose sanctions, which may include, but not be limited to, the right to levy fines for violations, upon notice and an opportunity to be heard as herein provided. Any fine levied is to be considered an assessment or a Special Assessment levied specifically against the particular Owner and Lot involved, shall be immediately due and payable, and collection may be enforced by the Board of Directors in the same manner as the Board of Directors is entitled to enforce collection of assessments, and the Board of Directors may also pursue any other remedies available under the law or equity.

(e) Hazardous Conditions. In the event the Board determines, in its sole discretion, that such violation creates an immediate hazardous condition, which may adversely affect the health or welfare of the Owners or their guests, or the structural integrity of any structure on the Property, the Board may act immediately to remedy such hazardous condition without a hearing, and charge the Owner for any expense involved in such remedy, which charge may be enforced as provided in Article IV hereof as an assessment against said Lot.

ARTICLE XI LEASING

No Owner shall be permitted to lease his Dwelling or Lot unless the lease be in writing and the lease terms include an addendum approved by the Association. No Dwelling may be leased for a term of less than one (1) year. All leases shall provide that the lessee shall be subject in all respects to the provisions of the Bylaws, Articles of Incorporation, the Declaration of Covenants, Conditions and Restrictions and Rules and Regulations of the Association and that any failure by the Lessee to comply with the terms of these Association documents shall be a default under the lease. The Owner shall not be relieved of any of his obligations under these Association documents by virtue of his leasing his Dwelling unit or Lot. In the event that an Owner shall fail to pay any charge or assessment levied by the Board of Directors against a leased Dwelling, and such failure to pay continues for thirty (30) days, the Board of Directors shall so notify in writing the lessee of the Dwelling of the amount due and within fifteen (15)

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days after the date of such notice, the lessee shall pay to the Board of Directors the amount of such unpaid charge or assessment limited, however, in any one month to an amount equal to one month’s rental charge. The amount so paid by the lessee to the Board of Directors shall be credited against and shall offset the next monthly rental installment due to the Owner of the Dwelling following the payment by the lessee of such charge or assessment.

Any Owner who leases or sells his Dwelling or Lot shall provide his lessee or purchaser,

at the Owner’s expense, a current copy of this Declaration, the Bylaws, any Rules and Regulations promulgated by the Association and such other covenants, conditions or restrictions and related documents as may apply to such Dwelling or Lot. Concurrent with the execution by an Owner of a lease for or an agreement for the sale of such Dwelling or Lot, the Owner shall submit to the Association a certificate signed by his lessee or purchaser that certifies that such lessee or purchaser has received copies of such Documents and Rules and Regulations as are applicable to such Dwelling or Lot. Within five (5) days after the execution by an Owner of a lease for such Dwelling or Lot, the Owner shall submit a copy of the executed lease to the Association. Financial terms need not be disclosed and may be redacted from the lease.

GENERAL PROVISIONS

Section 11.1 Enforcement. Enforcement of these covenants and restrictions, and the administrative rules and regulations adopted pursuant thereto, shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, condition, or restriction, imposed by this Declaration either to restrain violation or to recover damages, or to collect any liens or charges imposed pursuant to this Declaration and against the land to enforce any lien created by these covenants, and failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Board may also impose fines or other sanctions, collection of which shall be as provided in Article IV hereof. The expense of enforcement by the Association (including reasonable attorney’s fees) shall be chargeable to the Owner violating these covenants and restrictions, and shall constitute a lien on the Lot, collectable in the same manner as assessments hereunder. Before an individual Owner may act to enforce any provisions of this Declaration, notice must be given to the Board of Directors and the Board given a reasonable opportunity to take appropriate action.

Section 11.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect.

Section 11.3 Amendment. This Declaration may be amended by an instrument signed by the Owners of lots representing not less than sixty-seven percent (67%) of the votes eligible to be cast by the Members of the Association. Any such amendment shall be effective upon recordation in the Office of the Recorder of Deeds of Allegheny County. The recital in any such amendment that it has been executed and acknowledged by the specified percentage of Owners shall be conclusive and binding on all persons. Attached to the amendment shall be a certificate certifying that the amendment was duly adopted, which certificate shall be executed by the officers of the Association.

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Section 11.4 The Common Property. The Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Property and all improvements thereon (including furnishings and equipment related thereto), and shall keep it in good, clean, attractive and sanitary condition, order and repair, pursuant to the terms and conditions hereof.

Section 11.5 Services. The Association may obtain and pay for the services of any person or entity to manage its affairs or any part thereof and any other personnel as the Association’s Board shall determine to be necessary or desirable for the proper operation of the Property. Such personnel may be furnished or employed directly by the Association or by any person or entity with whom or with which it contracts. If the Association enters into a management agreement, it shall be by written contract. The Association may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Property or the enforcement of this Declaration. The Association may but shall not be required to arrange as an Association expense with others to furnish water, trash collection, sewer service and other common services to each Lot.

Section 11.6 Personal Property and Real Property for Common Use. The Association through action of its Board of Directors may acquire, hold, and dispose of tangible and intangible personal property and real property.

Section 11.7 Implied Rights. The Association may exercise any other right or privilege given to it expressly by this Declaration or by law, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.

Section 11.8 Notice of Sale, Lease or Mortgage. In the event an Owner sells, leases or mortgages the Owner’s Lot and/or Dwelling, the Owner shall be required to provide to the Association, in writing, the name and address of the purchaser, lessee or mortgagee of the Property, Lot, or Dwelling, a copy of the lease prior to execution for approval by the Board, and an executed copy of the lease within five (5) days after execution, pursuant to Article XI hereof. All leases shall be subject to this Declaration and to the authority of the Board to regulate the conduct of any person on the Property.

Section 11.9 Captions. Captions are for convenience and reference only and are in no way to be construed as defining limiting or modifying the scope or intent of the various provisions of this Declaration.

Section 11.10 Gender. As used in this Declaration, the word person shall mean and include where appropriate, an individual, corporation, partnership or other entity; the plural shall be substituted for singular and the singular for the plural where appropriate and words of any gender shall mean to include any other gender.

Section 11.11 Matters of Dispute. Matters of dispute or disagreement between Members or with respect to interpretation or application of the provisions of this Declaration or the Bylaws shall be determined by the Board, which determination shall be binding on all Members.

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Section 11.12 Liability of the Board. The Members of the Board and its officers shall not be personally liable to the Owners or others for any mistake of judgment or for any acts or omissions made in good faith. The Owners shall indemnify and hold harmless each of the members of the Board and each of the officers of the Association against all expenses or liability to others arising out of their position as an officer or member of the Board or arising out of contracts made by them or any of them on behalf of the Owners unless any such contract shall have been made in bad faith. They shall not be liable for any mistake of judgment or negligence except for their own willful malfeasance, misfeasance, misconduct or bad faith. The Association may obtain as a Common Expense the type of insurance commonly known as Directors and Officers Liability coverage in order to encourage service on the Board and to fund this obligation.

Section 11.13 Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.

ARTICLE XII ANNEXATION OF ADDITIONAL PROPERTY

Section 12.1 Acquisition of Additional Common Area. Declarant explicitly reserves the right to add additional real estate to the Planned Community as described on Exhibit “G”, attached hereto and by reference made a part thereof, as Common Area for the Club House Facilities.

Section 12.2. Annexation Without Approval of Class "A" Membership. As the owner thereof, Declarant shall have the unilateral right, privilege, and option, from time to time at any time not exceeding seven (7) years from the date of the recording of this Declaration, to subject to the provisions of this Declaration and the jurisdiction of the Association, the real property described in Exhibit "G". Such annexation shall be accomplished by filing in the public records of Allegheny County, Pennsylvania, an amendment to this Declaration annexing such property. Such Supplemental Declaration shall not require the consent of Class A Members. Any such annexation shall be effective upon the filing for record of such Supplemental Declaration unless otherwise provided therein. Declarant shall have the unilateral right to transfer to any other Person the said right, privilege, and option to annex additional property which is herein reserved to Declarant, provided that such transferee or assignee shall be the developer of at least a portion of the real property described in Exhibit "A" or Exhibit "G" and that such transfer is memorialized in a written, recorded instrument executed by the Declarant.

Section 12.3. Annexation With Approval of Class "A" Membership. Subject to the consent of the owner thereof, the Association may annex real property other than that described on Exhibit "A", to the provisions of this Declaration and the jurisdiction of the Association. Such annexation shall require the affirmative vote of two-thirds (2/3) of the Class "A" votes of the Association present at a meeting duly called for such purpose.

Section 12.4. Acquisition of Additional Common Area. At any time not exceeding seven (7) years from the date of the recording of this Declaration, Declarant may convey to the

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Association additional real estate, improved or unimproved, located within the properties described in Exhibit “A” or Exhibit “G” for additional dwellings, limited common elements, or both, without limitation.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

[SIGNATURE PAGE TO FOLLOW]

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IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this _______ day of ___________, 2010. NEWBURY DEVELOPMENT ASSOCIATES, LP By: Newbury Management Company, LLC, its general partner By: ______________________________________ Brett A. Malky, President

ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA )

) SS. COUNTY OF ___________________ ) On this, the ______ day of ________________, 2010, before me, a Notary Public, the undersigned officer, personally appeared Brett A. Malky who acknowledged himself to be the President of Newbury Management Company, LLC, a Pennsylvania limited liability company (the “Company”), and that, as such President, being authorized to do so, executed the foregoing instrument for and on behalf of the Company in its capacity as the general partner of Newbury Development Associates, LP, by signing his name as the President, for the purposes contained therein. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires:

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EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY

All that certain lot or parcel of land situate in the Township of South Fayette, County of

Allegheny, Commonwealth of Pennsylvania, more particularly described as follows:

FIRST DESCRIBED: All those certain parcels of land situate in the Township of South Fayette,

County of Allegheny and Commonwealth of Pennsylvania being all of Lots 1 through 68, Lots

69R through 72R, Lots 74R through 95R, Lots 96 through 112, Lots 114 through 128, Lots

129R, 130R1, 130R2, 131R through 133R, Lots 134 through 158, Lots 159R through 171R and

Lots 172 through 199, Open Space Parcel A-3, Saturday Way, Open Lot, Access Road (Private),

Newbury Highland 50’, Marbleseed Lane 50’, Commons Lane 50’, Village Lane 50’, Parkside

Circle 50’, Gromwell Lane 50’ and Newbury Highland 60’ as shown on Newbury Plan of Lots

1st Revision, of record in the Department of Real Estate of Allegheny County in Plan Book

Volume 261, page 166, as amended by the Newbury Plan of Lots – 3rd Revision, of record in the

Department of Real Estate of Allegheny County, Pennsylvania, in Plan Book Volume 268, page

81.

SECOND DESCRIBED: That certain parcel of land situate in the Township of South Fayette,

County of Allegheny and Commonwealth of Pennsylvania being all of 1st Revised Restricted

Open Space Parcel A-2 as shown on the Newbury Plan of Lots – 2nd Revision, of record in the

Department of Real Estate of Allegheny County, Pennsylvania, in Plan Book Volume 266, page

17.

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EXHIBIT “B”

THE PLANS

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EXHIBIT “C”

SHAPIRO & COMPANY ARCHITECTS, INC. MATERIAL SELECTION GUIDELINE FOR NEWBURY

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EXHIBIT “D”

SHAPIRO & COMPANY ARCHITECTS, INC. RESIDENTIAL VISION BOARD FOR NEWBURY

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EXHIBIT “E”

DWELLING SIZE CHART

Newbury Dwelling Size Chart

Product NameMinimum Size *                

(square feet)

Courtyard Home 1,500 sf

Brownstone Home 1,750 sf

Carriage Home 2,000 sf

Cottage Home 1,750 sf

Park Home 2,300 sf

Manor Home 3,100 sf

* finished floor space above street grade, excluding breezeways, porches and garages

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EXHIBIT “F”

HOME PERFORMANCE BUILDING AND QUALITY STANDARDS

March 15, 2010BUILDING CATEGORY BUILDING SYSTEM PERFORMANCE STANDARD REQUIREMENTS BEST PRACTICE RECOMMENDATIONS

Achieve a HERS score of 70 or less (30% better than 2006 IECC)

Create a continuous air barrier around the entire building enclosure that will result in an ACH50 of 3.5 or less for single family detached homes and an ACH50 of 4.5 or less for townhomes

Must complete and comply with the Energy Star - Thermal Bypass Checklist http://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.thermal_bypass_checklistSeal any penetrations in the wall assembly to prevent air and water/vaporintrusion

Use spray-applied foam insulation in exterior wall stud cavities, including band joist areas between floors

Ensure all penetrations through the top and bottom plates of the walls are sealed with spray foam or the appropriate caulkSeal the bottom plates of the exterior walls to the floor sheathing with a continuous bead of construction grade adhesive caulkSeal drywall to the wall framing members, including the top & bottom plates and around windows & doors with a continuous bead of

Whole House

Newbury - Home Performance Standards

Energy

plates and around windows & doors, with a continuous bead of construction grade adhesive caulkSeal all penetrations through the interior drywall (e.g. electric outlets and switches, light fixtures, etc.) and exterior sheathing or foundation walls (e.g. water, electric, fuel services, exhaust vents, etc.) with the appropriate caulk or spray foam During installation, seal all gaps around window and door openings with low-expansive spray foamInstall and seal an air barrier/draft stop at the intersection of any soffit or mechanical chase with an exterior wall

Create a complete, continuous insulation layer around the entire building enclosure

Minimum 1/2" rigid exterior insulating sheathing and 1/2" structural sheathing or 1" rigid insulating sheathing and 1/2" rigid exterior insulating sheathing and 1/2" structural sheathing at corners must be installed on all above grade exterior walls

Use manufacturer recommended tape or sealant on all vertical and horizontal seams

Minimum 1" foam sheathing on the underside of overhanging floorsAll roof, wall and floor cavity insulation must be installed to a minimum quality of 'Grade 1' as defined by the RESNET New Insulation Inspection Procedures (Feb 2006) http://www.natresnet.org/conference/2006/presentations/Harley_Insulation_Inspections.pdf

Use "total fill" insulation in walls (e.g. blown cellulose, BIBS, sprayed polyisocyanurate or polyurethane foam)

Insulation must be encapsulated on all six sides and installed in full contact with sealed interior and exterior air barriers

Kneewalls exposed to attic to have foam sheathing installed as the exterior air barrier on the attic-side of the wall

Reduce the framing factor in exterior walls; frame building to maximize

If an unvented roof assembly is chosen, refer to the 2007 Supplement to the IRC, Section R806.4 for details - http://www.iccsafe.org/cs/codes/2007-08cycle/2007Supplement/IECC07S.pdf

No recessed can fixtures in vaulted ceiling assemblies; all recessed can fixtures in other insulated assemblies must be air tight, insulation contact fixtures, with trim caulked to the ceiling drywall

Thermal Envelope

Reduce the framing factor in exterior walls; frame building to maximize insulation and minimize framing members

Use framing technique that allows for insulated corners on exterior walls

Use ladder blocking where interior walls intersect exterior wallsUse insulated headers in exterior walls

Insulation depth above top plate at exterior walls to be the full depth of attic insulation through the use of raised-heel (aka- energy) trussesInstall insulation depth cards along the attic floor at a spacing of 1 per 30 sq.ft.Spray applied insulation shall be installed in a minimum of 75% of exterior wall stud cavities, including band joist areas between floors

Must use high performance, Energy Star rated windows and doors. Windows are double paned, low-e, with a U-value of 0.33 or less and a SHGC of 0.37 or less. Select high performance, triple glazed, low-e windows

All basements and crawl spaces should be unvented and considered conditioned space

Install interior, exterior or a combination of interior and exterior insulation that will achieve a minimum thermal performance of R-10

Recommend the use of interior insulation for foundations and crawl spaces in accordance with BSC's details for the appropriate locations of moisture and vapor barriers and types of insulation; see the Building Durability Section below for Best Practice details of foundation insulation systems and moisture management strategies - http://www.eere.energy.gov/buildings/building_america/pdfs/db/35017.pdf

Must use, at a minimum, wedge heel trusses to provide extra space for insulation above the top plate on exterior walls

Install minimum R-5 slab edge or perimeter, below slab insulation

Air handler/furnace and ductwork must be located within conditioned space

An engineered and integrated mechanical plan is included with the construction plans and specificationsEnergy Star rated equipment must be installedHeating and cooling equipment properly sized according to ACCA manual J and S methodologySeal seams in the HVAC cabinet, plenum, and adjacent duct work with eithermastic and/or tape that meets the applicable requirements of UL 181A / B or gasketing systemsDuct pressure test performed; results show- duct leakage to the outside of the building envelope is in accordance with Energy Star guidelines Ductwork designed according to ACCA Manual D methodologyNo duct work in exterior walls or in garage wallReturn duct system to be fully ducted; no panned returnsAll ductwork sealed with mastic systems that meet applicable requirements of UL 181A or UL 181BRoom pressure test to be performed; No room should be pressurized more than + 2 PaManual balancing dampers on all room air supply ducts

Install energy efficient water heating systems within conditioned space Tankless water heater installedH t t h t i t ll d

Heating and Cooling Systems

C l ith E St Q lifi d H N ti l B ild O ti P k

If a hot water recirculation system is installed, it must be coupled with point-of-use on/off controlsPlumbing drain lines should not be installed in exterior wallsInsulate plumbing lines that pass through unconditioned spaces or do not locate plumbing lines in unconditioned spaces

Tank-type water heaters are insulated with a fiberglass insulation jacket (minimum R-5)

Use high quality, energy efficient lighting and Energy Star appliances

Exterior lighting using automated sensors (photocells, motion sensors) Use automated motion sensors for lights in hallways, basements, bathrooms, etc.

Exterior lighting 100% fluorescent lamps

Use passive cooling and passive solar heating design concepts

Water Heating Systems

Color temps based on Lighting Research Center General Advice and IBACOS' High Performance Light Guide to get fluorescents to provide same quality of light as incandescents - websites - http://www.lrc.rpi.edu/programs/lightingTransformation/residentialLighting/buildersGuide/generalAdvice.asp http://www.ibacos.com/hpl2.html

Lighting and Appliances

Passive Solar Heating & Cooling

Use linear or compact fluorescent lights with a color temperature of 3000K and a CRI of 80 for 50% or more of light fixtures in the house

Plumbing supply lines will not be installed in exterior walls

Design house with living area on a southern orientation30% or more of total glass area facing southDesign plantings to protect house from winter windsEast and west facing windows shall have a solar shade screen with a shading coefficient of at least 0.7 -OR- exterior shading (e.g., retractable awnings, shade trees, covered porches)

Provide overhangs on east, west, and south windows for maximum shading in summer and maximum transmittance of sun light in the winterWindows located to facilitate cross ventilation

Install sustainable energy generation equipmentPlumbing stubbed-in for future addition of solar water heating; roof framing design to accommodate future solar water heater;

OR, solar water heating for domestic water use;OR, solar water heating for domestic water use as well as linked to hydronic space conditioningProvide clear and unshaded roof area for future solar collector or photovoltaicsProvide chase for future wiring of PV system, or prewire house for future system installationInstall photovoltaic array for onsite power generation

Provide occupants with improved air quality and a more comfortable living environment through the use of mechanical ventilation high efficiency air

Renewable Energy Supply

Heating & Cooling

Indoor E i t l environment through the use of mechanical ventilation, high efficiency air

filtration, and less toxic building materials

Ensure combustion by-products are exhausted to the outside and kept from entering conditioned space

Sealed combustion, power vented, or direct vented space conditioning and water heating combustion equipment must be used

Provide outdoor source of combustion and ventilation air for all gas fueled kitchen and laundry appliances If gas fireplace is installed - select direct vent, sealed combustion with a dedicated source of combustion air from the outdoorsIf a wood fireplace or wood stove is installed - select a unit with a dedicated source of combustion air from the outdoors AND tight-fitting glass doors Installation of ventless fireplaces within the home is prohibited

Minimize dust collection and redistribution of allergens throughout the indoor environment

Minimum MERV 6 filters on the return side of the central air or ventilation systems

Instructions for proper care and maintenance of the filter should be provided to the homeowner

No visible bypass between the filter, filter rack and the plenum/blower housing

Seal air distribution system registers and grilles during construction; clean ducts prior to commissioning system

Ensure right-sizing of ventilation/conditioning equipment to adequately address the home's latent load; have a qualified professional perform ACCA Manual J, S, D, and T calculations prior to designing the system

Whole-house mechanical ventilation strategy that provides adequate fresh air to occupants in accordance with ASHRAE standard 62.2

Install an HRV for continuous, balanced supply and exhaust in accordance with ASHRAE standard 62.2 using dedicated and distributed duct system

Mechanical Equipment

Environmental Quality

Fresh outside ventilation air is conditioned and filtered prior to entering the house and conditioned space

Install a FanCycler™ air ventilation system and connect to the return air plenum to introduce outdoor air intothe home. Outdoor air is treated by the air handler prior to it entering the air distribution system. IBACOS recommends a combination controller that can also double as the house thermostat. A motorized damper and run time controller with a set schedule should regulate the outdoor air flow rate.

Ventilation air inlets should be located a minimum of 10' from sources of contaminants or moisture (e.g., combustion exhaust vents, sewer vent stacks, kitchen/bathroom/garage exhaust vents, shrubs, driveways, etc.)

Install a passive supply air duct (sized appropriately per required airflow) and connect to the return air plenum to introduce outdoor ventilation air into the home; a mechanical damper and a controller timer regulate the outdoor air flow rate; outdoor air is treated by the air handler prior to it entering the air distribution system

Outdoor air supplied to the return side of the air handler meets manufacturer's requirements for return air temperatureComply with HVI's ventilation guidelines for kitchen and bathroom exhaust strategies - http://www.hvi.org/resourcelibrary/HowMuchVent.html

Dedicated exhaust fans controlled by occupancy sensors, programmable/adjustable run-times, or humidistats

Kitchen and bathroom exhaust fans are vented to the outdoors (fans are fully ducted to the exterior of the house and do not terminate in the attic space, wall cavities, or soffits)Kitchen exhaust rate is appropriately sized for use with selected combustion appliances

Prevent radon and soil gases from entering the home Conduct 48-hour radon exposure test to determine if an active mitigation system is necessary

All basements and crawlspaces will have a minimum 4" thick subgrade of3/4" clean, crushed gravel, covered by a 6-mil polyethylene vapor barrier

Whole-House Ventilation

Continuous air barrier between garage and living areas and common attic spaces through air sealing penetrations, drywall, ceilings and floors

Install dedicated exhaust fan, with venting to outdoors, to remove combustion emissions; use occupancy sensor or minimum run-time programming

Limit the use of toxic building products and materials to reduce the occupants exposure to toxic substancesInside the House, Use Low-VOC, Low-Toxic, Water-Based, Polyurethane Varnishes, Solvent-Free Sealers, Grouts, Caulks, Adhesives, Stains, Pigments, and AdditivesHard-surface, water-resistant flooring installed in kitchen, bathroom, laundry, entryways, and mechanical/utility rooms (e.g., wood, concrete, ceramic, vinyl, etc.)After all materials have been installed and all surfaces have been finished and prior to homeowner occupation, flush the home with the existing ventilation system (operated on high speed) continuously for 48-72 hours with all windows open to allow for toxic off-gasses to be vented; afterwards replace air distribution system air filter if necessary

Design the building envelope using construction practices for controlling moisture (liquid and vapor) and air movement that prolong the useful life of buildings and reduce the need for routine maintenanceCreate a continuous drainage plane from the roof ridge to the foundation

Building Durability

Building Materials and Finishes

Create a continuous drainage plane from the roof ridge to the foundation footerCreate a continuous air barrier around the entire building enclosure, in accordance with the EPA's Thermal By-Pass Checklist, to minimize the air transport of water vapor through the structural frameDesign the building envelope to prevent moisture vapor from entering the assembly while also allowing for maximum drying potential

Ensure that the chosen roof system is properly designed to manage ventilation and movement of moisture

If an unvented attic (e.g., cathedralized attic, hot roof, insulation at the underside of the roof deck, etc.) is selected, use either open or closed cell spray polyurethane foam or polyisocyanurate foam applied directly to the underside of the roof sheathing to prevent air and moisture movement through the roof assembly and comply with the 2007 Supplement to the International Residential Code, Section R806.4 for unvented attic assemblies(see appendix for an excerpt from the supplemental code)

See best practice details for unvented attic/roof assemblies (will attach the three possible assemblies from the IRC supplement when adding all the details and drawings)

Select energy trusses (raised-heel truss) to allow for full depth of insulation above the top plate along exterior walls

Design ventilation strategy for half the ventilation to be near the ridge and half near the eaves (1 sq.ft. of net free vent area per 300 sq.ft. of attic floor area if Class II vapor barrier is installed on the warm-in-winter side of the ceiling; otherwise 1 sq.ft. of net free vent area per 150 sq.ft. of attic floor area) (Refer to 2007 Supplement to the IRC, Section R806.2 for details)

Hold or cut sheathing back 2" along each side of the roof ridge

If a vented roof assembly (e.g., insulation is applied at the attic floor) is selected, install attic baffles at the eaves to allow ventilation air to flow from the soffit vents in the eaves to the ridge vent; at a minimum install in every other rafter bay

Hold or cut sheathing back 2 along each side of the roof ridge and do not cover ridge with roofing underlayment to allow for placement of the ridge ventFor gabled roofs, an alternative to a ridge vent is to install gable vents

Ensure that the roof system is water-tight and the drainage plane is properly integrated with the flashing at adjoining walls, chimneys, dormers, etc.

Minimum 30# building felt/paper for roof underlayment

Install step flashing at intersections of the roof with adjacent structures (e.g., walls, chimneys, etc.); include kick-out flashing at the eaves where the vertical wall continues below the roof wall intersection (see the Newbury Home Performance Standards Handbook for an example of kick-out flashing)

Ensure a minimum reveal of at least 1 1/2" remains between any fiber-cement siding material and roofing material at roof to wall intersections

Install flashing or self-adhering underlayment at roof valleys (see the Newbury Home Performance Standards Handbook for an example)

Ice and water shield (polymer-modified bitumen waterproof underalyment) installed from the eave's edge to a distance of two feet (2') inside the exterior wall line of the building. Ice and water shield (polymer-modified bitumen waterproof underalyment) installed along the entire length of the eave to cover a width of three feet from the eave's edge.

Install drip edge along eaves and gabled roof ends; drip edge along eaves shall be placed under the roof underlayment, drip edge along gabled ends shall overlap on top of the roof underlaymentRoof penetrations sealed; vent stacks flashed and integrated with roofing materials properly

Design the house structure with overhangs, gutters, drainage planes, and flashing to shed rainwater and conduct it away from the house without spillage or overflow

Ensure the wall assembly is properly designed to control air and moisture

Roof

y p p y gmovement but allows drying to the interior and exterior

see attachments for a copy of the supplement to the codesExamples of Class II vapor retarders (0.1 < perm ≤ 1.0) recommended for installation are: kraft-faced fiberglass batts, low-permeance paints, or variable permeance vapor retarders (e.g., MemBrain™: The SMART Vapor Retarder)

Do not install impermeable wall coverings, such as vinyl wallpaper, on the inside of exterior walls

Where masonry veneer exterior finish is installed, use a rigid foam sheathing designed to control the movement of solar-driven moisture from the masonry into the wall assembly (e.g. extruded polystyrene)

Ensure that the wall system, drainage plane, and flashings are properly integrated with the roof, foundation, window and door openings to direct water away from the building; ensure all penetrations are sufficiently sealed

Housewrap will be installed as the primary drainage plane over the exterior foam sheathing and behind the exterior cladding; all horizontal and vertical seams of the housewrap will be sealed with the manufacturer's recommended tape and will be properly drained down and out at the bottom of the wall assemblies, windows, doors, etc. (see the Newbury Home Performance Standards Handbook for details)

As specified in the Energy Section, rigid foam sheathing shall be installedon the exterior of the wall assembly, to limit the air borne migration of water vapor from outside into the wall and to reduce the potential for condensation of moisture on the exterior structural sheathing

Above-grade Exterior Walls

Comply with the 2007 Supplement to the International Energy Conservation Code, Section 402.5, Class II vapor retarders are required on the interior side of framed walls; DO NOT install Class I vapor retarders

Install sloped sill pan w/ end dams and back dams for all windows and back dams for all exterior doors exposed to the weatherSeal any penetrations in the wall assembly to prevent air and water/vaporintrusion For brick veneer exterior finishes, provide a minimum 1" air space between the brick veneer and housewrap; install through-wall flashing with mortar nets and open head joint weep vents in accordance with the details provided (the use of tube or wick weeps is prohibited)

For other masonry exterior cladding systems (e.g. cultured stone), install a layer of #15 buliding paper, shingle style over the house wrap as a bond break. Refer to the Newbury Home Performance Standards Handbook details providedEnsure drainage plane continues past the bottom of the wall and top of foundation intersection by a minimum of 1"Ensure any wood or fiber cement siding material remains at a minimum 8" above finish grade, including landscape areas

The foundation wall system must be tightly sealed to keep moist interior air from contacting the cooler foundation wall; any materials in contact with the foundation wall must be moisture tolerant and allow drying to the interior

Do not install polyethylene vapor barriers or impermeable interior wall p y y p pfinishesMust chose one of the following best practice details for all basement and crawlspace wall assemblies (will show assemblies when adding all the details and drawings later), if an alternate assembly is suggested it must be submitted for review and approval by Newbury and a third party HERS-rater

Precast concrete foundation system with exterior waterproofing and interior rigid foam insulation (e.g., Superior Wall System or similar product)Exterior insulation- shall either be rigid foam sheathing or rigid fiberglass applied over the exterior waterproofing on the foundation wall; any exposed above grade portion of the insulation must be covered with a protective coating (e.g., flashing, treated plywood, parging, etc.)Interior insulation system Option 1 - Unfaced extruded or expanded polystyrene rigid insulation (semi-permeable with taped or sealed joints) applied and sealed directly to concrete foundation wall, gypsum board over furring strips will be installed as a thermal barrier when rigid insulation is not rated for exposed application

Interior insulation system Option 2 - Extruded or expanded polystyrene rigid insulation (taped or sealed joints) applied and sealed directly to concrete foundation wall, cavity insulation can be installed in a frame wall built interior to the foam insulation and covered with 0.5 inch gypsum board or other thermal barrierInsulated Concrete Form foundation system - any exterior, exposed above grade portion of the insulation must be covered with a protective coating (e.g., flashing, treated plywood, parging, etc.)

Foundation

p g ( g , g, p y , p g g, )

Foundation system that will drain water away from the structure and prevent the penetration of water through the foundation and into the house

Install elastomeric waterproofing on the below-grade, exterior face of all foundation wallsPlace a continuous drainage system (with protection from the build-up of silt) over the exterior waterproofing or exterior insulation on foundation walls to channel water to the foundation drain and relieve hydrostatic pressure. - OR - The exterior side of all foundation systems shall be backfilled with free-draining fill enclosed in filter fabric (e.g., 12" drainage space of 3/4" clean crushed gravel, sandy or silty loam) Foundation backfill material shall not include any construction, demolition or site debrisDrains will be installed along the footings in 3/4" clean gravel and wrapped with filter fabric; both interior and exterior drains will be sloped for either natural drainage to daylight or to sumpInstall a capillary break between footer and foundation wall Brush on / spray on waterproof membrane between footer and

foundation wallAll foundation assemblies will have a 4" thick concrete slab floor with a 4"thick substrate below slab comprised of 3/4" crushed gravel with no fines; a continuous layer of 10-mil polyethylene sheeting with overlapped and taped seams will be installed between the gravel substrate and the slab floorSeal joints and penetrations in the slab floor

Rain water and ground water must be properly managed at the foundation d it i d t h th l t d bilit f h

Increase rain water infiltration and reduce run-off from yards by: l ti ti h b d t i i i i th t t l fand site in order to enhance the long-term durability of a house planting native shrubs and trees, minimizing the total area of

impermeable ground surfaces, and designing storm water retention areas with drainage swales

Slope the final grade within 5 feet of the house so that a 5% grade away from the building is assured at least one year after occupancyKeep the finished floor elevation at least 8" above the finished grade level of the foundationKeep landscaping material (e.g. mulch, shrubs, etc.) minimum 12" from foundation and/or sidingUse gutters and downspouts to direct water away from the foundation; downspouts are to be connected directly to the storm sewer laterals, unless house is provided with a roof-drain disconnect

Ensure that if a sprinkler system is installed, it does not saturate the house or ground immediately adjacent to the foundation

Building materials should be handled and stored on the job site in a manner that will not degrade their qualityStored building materials should be raised off the ground and covered with a weather barrier that will shed waterDo not use any materials with visible signs of water damage or mold Framing members and lumber should not exceed 18% moisture

content Do not use any materials that have been damaged during delivery to the site or have defects; place materials aside and contact site supervisor

Use sustainable materials (reclaimed, recycled, renewable resources, durable locally produced) to construct the home

Material Handling and Storage

Site Water Management

Materials and Resources

Design the house and room layout to optimize the use of available space and eliminate unutilized areas to allow for the construction of smaller homes

Reduce materials through open floor plan for kitchen, dining, andliving areas

Select materials that have been designed for a longer life cycleUse manufacturer recommended fasteners, sealants, finishes and components for all building systems and follow manufacturer's recommended installation instructions

Select building materials and products that meet the following minimum warranty requirements:

Siding / Exterior FinishFiber cement siding materials http://www.jameshardie.com/developer/durability.shtml Brick or stone veneer siding materials http://www.culturedstone.com/Do not install vinyl siding material

Roofing Asphalt shingle roofing materials with a minimum of 30-yr warranty

http://www.certainteed.com/NR/rdonlyres/4C2353BB-E4C6-44289C6F-9E9E82DFFDFE/0/2008GeneralAsphaltWarranty.pdf

Cedar shingle roofing materials with a minimum 20-25-yr warrantyhttp://www.cedarbureau.org/certi-label/warranty.htm http://www.mbci.com/resource_warranties.html http://www.englertinc.com/roofing-warranties.aspx http://www.greenstoneslate.com/warranty.htm http://www durableslate com/index asp

Standing metal seam roofing materials with a minimum of 20-25-yr warrantySlate roofing material with a minimum of 50-yr warranty

Overall

http://www.durableslate.com/index.asp Windows

Wood composite or finger-jointed wood frame windows, with vinyl or aluminum exterior cladding, with a minimum 10-yr glass breakage warranty or whole window lifetime limited warranty

Maximize the amount of construction waste that is recycledProvide job-site recycling plan, which includes areas on-site to segregate all salvageable cardboard, scrap wood, and drywall construction waste for recycling versus disposal

Develop job-site plans for sub-contractors and trades; include penalties/fees for non-compliance with the construction waste management or recycling plan

Subcontractors and contractor's employees must participate in the job-site waste recycling program

Sample job-site recycling plan - http://www.smartgrowth.org/library/constwastemgmt_hndbk.htmlContractors equipment (e.g., site trucks, excavators, dozers, skid steers, generators, etc) runs on bio-fuels or alternative fuels

BUILDING CATEGORY BUILDING SYSTEM OPTIONAL PERFORMANCE STANDARD BEST PRACTICE RECOMMENDATIONS

Whole-House Ventilation

Install sub-slab infrastructure and passive vent stack for radon mitigation system; provide a power source for possible future installation of inline exhaust fan

Building Radon Out: A Step-by-Step Guide on How to Build Radon-Resistant Homes (U.S. EPA 2001) available on the Web -http://www.epa.gov/iaq/radon/pdfs/buildradonout.pdf

Select a minimum of four (4) recommended Best Practices from the list below to incorporate into the home's construction

All paints, stains, and sealers will contain propylene glycol instead of ethylene glycol; and all polyurethane varnishes will be water based

Indoor Environmental

Quality

OPTIONAL GREEN BUILDING UPGRADE PACKAGE

Select materials (e.g., wood particle board, MDF, plywood, etc.) with phenol-formaldehyde or diisocyanate glues; if any products do contain urea-formaldehyde, apply water-based sealants to all the exposed surfaces and any cuts to prevent off gassingSelect ABS instead of PVC piping for plumbing drain lines and sewer vent stacksSelect PEX piping instead of copper or CPVC piping for water mainsIf carpet is specified, select a carpet and an installation system that meets the indoor air quality requirements of the Carpet and Rug Institute's Green Label and Green Label Plus GuidelinesDo not install either insulation or carpet padding w/ brominated flame retardantsUse low toxic mastics for sealing ducts and mechanical equipmentSelect interior products and materials with natural and/or non-toxic finishes and components such as:

Breathable walls coverings made from natural plant fibersBiodegradable milk paints or soy-based paints, concrete or wood stains, or sealersClay-based wall plastersCementitious stone composed of materials such as post-consumer recycled glass, waste fly-ash, recycled concrete, natural fossils, etc. for kitchen countertops, mantles/hearths, or interior wall claddings (where appropriate)Refer to Green Building Pages green products directory for additional product information or selection (submit alternatives to the list below to EQA and third party (TBD) for approval prior to installation):

http://www.greenbuildingpages.com/manufacturers/SearchResults.ph

Low Toxicity Materials

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Select hard-surface, water-resistant flooring or floor finishes that will not hold moisture or collect allergens for 50% or more of the floor area in the rooms not required above in this section (e.g. dining room, living room, family room, bedrooms, and hallways)Use plywood and composites of exterior grade or with no added urea formaldehyde for interior subfloor applications

Must employ a minimum of 10 best practices from the "Whole House", "Interior Products & Finishes", "Exterior Products & Finishes" and "Water Efficiency" lists below: Environmentally Preferred Building Product Resource LinksAbove grade wall components (including, but not limited to, studs, top and bottom plates, headers, etc.) are either FSC certified lumber and engineered wood products or are a factory framed engineered wall panels; refer to the Rainforest Alliance's Smart Guides or GreenSpec ®Guide for material suppliers

Rainforest Alliance's Smart Guide to FSC Certified Products http://www.rainforest-alliance.org/forestry/documents/smartguide_construction.pdf

Use SIPs for the construction of above grade exterior walls; refer to the GreenSpec®Guide for material suppliers

http://www.rainforest-alliance.org/forestry/documents/smartguide_furniture.pdf

All structural sheathing material (e.g., floor, exterior wall, and roof deck) are FSC certified and /or manufactured from plants with a rapid growth cycle or tree species of a lower-grade or small-diameter (e.g., OSB, fiberboard, recycled cardboard structural sheathing panels, etc.); refer to the Rainforest Alliance's Smart Guides or GreenSpec®Guide for material suppliers

Features green building products from the GreenSpec® Guide to Residential Building Materials database https://www.buildinggreen.com/ecommerce/gbp.cfm

Minimum 75% of all the beams shall be manufactured from non-solid sawn wood, such as engineered lumber, laminated wood, or high recycled content steel beams; refer to the Rainforest Alliance's Smart Guides or G S ®G id f i l li

Green Products Directory http://oikos.com/green_products/index.php

Materials and Resources

All floor framing systems consist of either metal-web wood trusses or wooden i-joists, with the manufacturer recommended rim boards; refer to the Rainforest Alliance's Smart Guides or GreenSpec®Guide for material suppliers

Green Home Guide - resource center for green building products, advice, and information http://www.greenhomeguide.com/

All roof framing systems consist of engineered roof trusses or FSC certified wood rafters; refer to the Rainforest Alliance's Smart Guides for material suppliersUse Structural Insulated Panels (Sips) for the construction of the roof system; refer to the GreenSpec®Guide for material suppliersUse Insulated Concrete Forms (ICFs) for the construction of the foundation walls; refer to the GreenSpec®Guide for material suppliers Use high recycled content roofing materials listed in the GreenSpecGuide or Oikos Green Products DirectoryInstall light color tile, slate, or metal roofing with a solar reflectance of 60% or more; refer to the GreenSpec®Guide or Oikos Green Products Directory for material suppliersDesign roof for optimum solar incidence and integrate solar PVshingle or thermal system with the desired roofing material; refer to the GreenSpec®Guide or Oikos Green Products Directory for material suppliersWindows have exterior finishes of either wood composite, anodized aluminum clad wood, pultruded fiberglass, or finger-jointed wood; refer to the Traco website for material supplies

Whole House

Traco website for material suppliesUse insulation with a high recycled material content (e.g., blown-in or loose-fill cellulose, blown-in and batts of fiberglass) listed in the GreenSpec®Guide or Oikos Green Products DirectoryUse environmentally preferred rigid foam and spray foam insulation products that do no use ozone-depleting blowing agents (e.g., expanded polystyrene, polyisocyanurate, etc.) listed in the GreenSpec®Guide or Oikos Green Products DirectoryUse fly ash or blast furnace slag for 20% by weight of cementitious materials for all concrete

Use durable/spot repairable floor finishesUse drywall and joint compound listed in the GreenSpec®Guide or Oikos Green Products DirectorySelect either FSC certified, finger-jointed, MDFwith no urea-formaldehyde, or foam trim and molding products; refer to the Rainforest Alliance's Smart Guides, GreenSpec®Guide , or Oikos Green Products Directory for a list of material suppliersSelect cabinet casework and shelving constructed with FSC certified solid wood, regional materials, agricultural fibers containing no urea-formaldehyde, or recycled/reclaimed wood; refer to GreenSpec®Guide or The Rainforest Alliance's Smart Guide to Sustainable Furniture 50% of all the wood flooring installed is reclaimed or re-used wood; refer to The Rainforest Alliance's Smart Guide to Sustainable Furniture or the GreenSpec®Guide for material suppliersFor 50% of the area covered by floor tiles, select a tile with a minimum 30% recycled content; refer to the GreenSpec®Guide or Oikos Green Product Directory for material suppliersSelect natural, rapidly renewable, durable flooring materials for 50% of the

Interior Products and Finishes

Select natural, rapidly renewable, durable flooring materials for 50% of the total floor area (e.g., cork, bamboo, etc.); refer to the GreenSpec®Guide or Oikos Green Product DirectorySelect floor carpeting with a minimum of 50% recycled material content for face fibers and backing; refer to CRI website, GreenSpec®Guide or Oikos Green Product Directory for material suppliersSelect a material for kitchen and bathroom vanity countertops with high recycled content (e.g., terrazzo, recycled paper, polypropylene fibers, concrete, etc.); refer to GreenSpec®Guide or Oikos Green Product Directory for material suppliers

Select a siding material with reclaimed or recycled content for at least 40% ofthe exterior wall surface area; refer to the James Hardie website for material selectionSelect lumber for exterior decking that is 100% recycled content HDPE, salvaged/reclaimed, or FSC certified, and avoid using ACQ or CBA pressure treated lumber; refer to GreenSpec®Guide or The Rainforest Alliance's Smart Guides for material suppliersSelect regional natural quarried stone and manufactured pavers, porous pavement, recycled pavers or cementitous materials with a minimum 20% by weight of fly ash or blast furnace slag for walkways and driveways (excluding the public sidewalk); refer to GreenSpec®Guide or Oikos Green Product Directory for material suppliers

Reduce indoor water consumption by: selecting bathroom and kitchen faucets with gpm flows less than the code minimum, low-flow shower heads for all showers, and high performance, low-volume flush toilets or dual-flush toilets

Exterior Products and Finishes

Install an efficient plumbing supply system for all water mains in the house using a homerun distribution strategy with a control manifoldInstall a hot water recirculation system with an on-demand water heater and point of use on/off buttons instead of thermostats to minimize the amount of water and energy wastedUse greywater recovery system to supply water for toilet flushing

Minimize or eliminate the use of potable water for landscaping & garden irrigation by doing one of the following:

Install rainwater collection system for reuse of rainwater for irrigation; -OR- Design plumbing to use greywater for irrigation(Either design selection must use a drip irrigation system for water delivery to the plants)

Utilize landscape design methods which minimize irrigation needs, including landscaping with indigenous plants that are appropriate for the site and select landscaping that does not require potable water for irrigation after initial establishment period

Water Efficiency

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EXHIBIT “G”

LEGAL DESCRIPTION OF ADDITIONAL REAL ESTATE

A portion of Parcel 1 of the Newbury Plan of Lots – 2nd Revision, exact size and location of which shall be indicated on a subdivision plan revision to be recorded.