Upton Field Phase Iib

UPTON FIELDs PHASE II-B and ii-c PETERS TOWNSHIP FRANKLIN COUNTY, PA.

DECLARATION OF PROPOSED PROTECTIVE COVENANTS (THE FINALIZED OFFICIAL VERSION OF THESE COVENANTS SHALL BE RECORDED IN THE FRANKLIN COUNTY COURTHOUSE. THIS DOCUMENT SHALL BE EXHIBIT A WHEN ATTACHED TO AN AGREEMENT OF SALE.)

1. No trailer, tent, shack, or any other temporary structure shall be erected, placed or maintained upon any part of the property, except that, during the construction of an approved dwelling house, or other structure, a construction trailer or the like may be maintained upon the property. Said structure shall be removed upon the completion of the dwelling, or at the end of one year, whichever date is earlier. At no time shall this structure be used as a residence, either temporarily or permanently. Mobile homes shall not be permitted.

2. No building shall be erected, placed, or altered on any building lot in this subdivision until complete plans and specifications showing the nature, construction, floor plans, and plot plan showing the location of the building, have been reviewed and approved by the developer, his successors, heirs, or assigns. One non-returnable copy of the complete plans, (and any amendments thereto), must be submitted to the developer. The developer, his successors, heirs, or assigns. shall have the right to disapprove any such plans and specifications submitted which are not suitable, or desirable, in their opinion, for aesthetic or other reasons.

3. All residential structures should have a minimum of 1100 square feet of finished living floor area for a single-story residence, 1300 square feet of finished living floor area for a Cape Cod style residence, and 1600 square feet of finished living area for a two-story residence. Living area shall be considered that exclusive of basements, attics, porches, breezeways, garages, and the like. Minimum livable square footage requirements may be waived by the developer, if in the developer’s opinion the dwelling is of the type that will, by certain architectural characteristics, enhance the general neighborhood, irrespective of the minimum amount of livable square feet. All structures should have a minimum 5/12 roof pitch.

4. Any accessory structure to the principal residence shall be constructed of a substantial material, and will be in keeping with the architectural integrity of the residential structures built within the subdivision. Outbuildings, swimming pools, and the like, shall require developer approval, whether built at the same time as the residence, or later. Any above-ground pool shall require the approval of the developer.

5. All utility lines servicing any lot in the development shall be buried and placed underground.

6. No junkyards, unlicensed vehicles, or junk cars are permitted on any lot at any time, unless garaged. Any unlicensed or uninspected vehicle must be kept garaged. A junk car or motor vehicle shall mean any motor vehicle that does not have a current Pennsylvania inspection sticker, and for which one cannot be obtained.

7. No lot in this subdivision shall be further subdivided such as to form an additional building lot without prior approval by the developer, his successors or assigns. The developer, his successors, or his assigns, specifically reserve the right to re-subdivide any or all of the additional abutting lands owned by developer, or to combine additional lands under the "Upton Fields" subdivision name or covenants.

8. No excavation or uncompleted structure shall be maintained on any residential building lot for a period in excess of one year from the date when excavation or construction shall have been commenced unless an extension of time has been requested and granted, in writing, by the developer, his successors heirs, or assigns. In the absence of such written extension, the developer shall have the right to repurchase such lot and the lot owner shall be obliged to re- convey the lot to the developer upon payment by the developer of the original price for which such lot was sold by developer, notwithstanding the extent of such incomplete improvements. 9. Travel trailers, motor homes, boats, hovercraft, and similar recreational vehicles, may be

(PAGE 1 OF 3) UPTON FIELD PHASE II-B and ii-c PETERS TOWNSHIP FRANKLIN COUNTY, PA.

DECLARATION OF PROPOSED PROTECTIVE COVENANTS (EXHIBIT A, CONT’D)

9(cont'd) stored and/or maintained on a lot provided they are appropriately “camouflaged” (hidden from constant, direct view of neighboring properties), and are not used for living purposes.

10. All lots shall be maintained in a neat and orderly fashion, free of weeds or other objectionable growth, and in good order, prior to construction, as well as after.

11. The owners of lots containing overland swales, piping, and/or stormwater retention basins shall be responsible for all ownership and maintenance of these stormwater management facilities. These facilities will not be owned and/or maintained by Peters Township. The maintenance of the driveway culverts and grass-lined swales along any individual lot road frontage shall be the sole responsibility of the owner of the lot on which the swales are located. Swales may not be obstructed or diverted. The maintenance responsibility shall be a recorded covenant running with the deed for each individual lot.

All roof drainage, surface waters, water from floor drains or sump pumps, and all other drainage shall be disposed of within the confines of the lot, or in keeping with the stormwater management plan for Upton Fields Phases IIB and IIC. The discharge of any such waters onto another lot is strictly prohibited.

12. No obnoxious, dangerous, or offensive activity of any kind shall be conducted or maintained upon any part of the property. No activity shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become, a nuisance to the neighborhood.

13. Commercial raising of fowl, hogs, or other livestock shall be prohibited. Horses may be kept provided the keeping of same is in accordance with any ordinance in effect, or as it may be amended, by Peters Township. Barns, fencing, and any other items associated with the maintenance of horses must be kept in a neat and orderly fashion such as not to become a nuisance, or be unsightly to the neighborhood. The keeping of horses shall preclude commercial operations.

There shall be permitted no commercial dog breeding or boarding operation establishments. Domestic house pets may not be kept, bred or maintained for commercial or business use purposes. Dogs may only be kept outside provided they are not, and do not become, a nuisance to the neighborhood.

14. No commercial farming shall be permitted on any lot other than that land which is owned by the developer.

15. Lot owners, assuming responsibility for their contractors as well, do hereby agree to abide by all local, state, and federal regulations regarding the use of their property.

16. All earth disturbance and/or construction activities undertaken on any lot in Upton Fields Phases IIB and IIC shall be in accordance with, and subject to, an approved erosion and sedimentation control plan.

17 Developer reserves the right to enter onto any property to correct, repair, or modify any stormwater system that is not in compliance with regulatory law, and is the Developer’s responsibility. Lot owners shall indemnify and hold harmless the developer, his heirs, successors, or assigns from any and all fines, costs, or penalties arising from a breach of these covenants, and shall pay all attorney and/or other fees, fines, costs, and penalties incurred by the developer in enforcing this covenant, or arising from a breach thereof. In the event the responsibility lies with the property, property shall be so notified.

(PAGE 2 OF 3) UPTON FIELD PHASE II-B PETERS TOWNSHIP FRANKLIN COUNTY, PA.

DECLARATION OF PROPOSED PROTECTIVE COVENANTS (EXHIBIT A, CONT’D)

18. Seller must be informed of any intended resale of an undeveloped lot. Resale may not take place until any and all proper permit transfers, and/or co-permitting has taken place. Upon construction of the residence and stabilization of the site, notification shall no longer be necessary.

20. Violation of any restrictions or provisions in this declaration shall give the developer, his heirs, successors, or assigns, in addition to all other remedies, the right to enter upon the premises upon which such violation exists and summarily abate or remove same, using such force as may reasonably be necessary, at the expense of the owner thereof, and neither the developer, officers, agents, employees, or the like, shall be deemed guilty, or liable of trespass for such entry, abatement, or removal. The owner of said premises agrees to pay to developer, or his duly authorized agents, the costs of such action, (plus reasonable attorney’s fees, where required), and such costs shall be a lien upon the premises, subordinate only to any existing first mortgage.

In the event of disputes or disagreements in the interpretation or definition of these covenants, the developer shall have the right to render final binding decisions. The above covenants and restrictions shall not apply to the original developer owned lots, but shall become effective upon the sale of each individual lot. The developer, his heirs, successors, or assigns, reserve the right to interpret the meaning of, or to modify, any requirement set forth herein, provided that, in the sole opinion of the developer, his heirs, successors, or assigns, such modification or interpretation is beneficial and/or reasonable.

THE ABOVE SHALL BE DEEMED TO BE COVENANTS RUNNING WITH THE LAND FOR UPTON FIELDS PHASE IIB AND PHASE IIC.

I/WE HAVE REVIEWED, UNDERSTAND, RECEIVED A COPY, AND AGREE TO ABIDE BY THE ABOVE PROTECTIVE COVENANTS.

BUYER BUYER DATE

01/02/09/UPFIIIB/IIC/RE (PAGE 3 OF 3)