June 18, 1998
THIRD AMENDMENT TO DECLARATION AND ESTABLISHMENT OF CONDITIONS, RESERVATIONS, AND RESTRICTIONS FOR OAKHAVEN
Township of Pine, County of Allegheny
Commonwealth of Pennsylvania
This Third Amendment to the Declaration is made this 18th day of June, 1998, by Oakview Development Corporation, a Pennsylvania corporation, (hereinafter referred to as “Declarant”).
R E C I T A L
Declarant recorded a Declaration and Establishment of Conditions, Reservations and Restrictions dated December 6, 1994 in the Recorder’s Office of Allegheny County, Pennsylvania in Deed Book Volume 9384, Page 292 on January 12, 1995 (“Declaration”).
Declarant recorded a First Amendment to Declaration dated September 25, 1995 in the Recorder’s Office of Allegheny County, Pennsylvania in Deed Book Volume 9581, Page 144 on November 14, 1995.
Declarant recorded a Second Amendment to Declaration dated March 31, 1998 in the Recorder’s Office of Allegheny County, Pennsylvania in Deed Book Volume 10162, page 430, on March 31, 1998.
Pursuant to Section 13.3 of the Declaration, Declarant has the right to alter, modify and change the covenants so long as the alteration does not adversely or detrimentally affect the harmony of the plan.
Declarant desires to amend the Declaration to amend regulations relating to fences.
NOW, THEREFORE, intending to be legally bound hereby, Declarant hereby amends the Declaration as follows:
1. Section 4.23: Fences
Declaration is hereby amended to read as follows:
Section 4.23: Fences
No fences may be constructed on any lot except in strict accordance with the following restriction:
(a) The design, style, height, and color of all fencing must be approved by Declarant, in its sole discretion. Without limiting Declarant’s discretion, Declarant may reject any fencing which is not harmonious with the general character of the neighborhood. Chain link fences are specifically prohibited.
(b) Fencing as specified herein may be constructed only in accordance with Township specifications and must be located only to the rear face of the dwelling constructed on the lot, except as provided in the subparagraph (c) below.
(c) Fencing as specified herein may be constructed in side yards only upon approval of Declarant in Declarant’s sole discretion. Without limiting Declarant’s discretion, all side yard fencing should be screened with landscaping which includes evergreen plantings which will screen at least 50% of the fencing within two years after planting.
(d) Under no circumstances will any fences be permitted in the front yard. The front yard shall consist of the full width of the lot measured in depth from the street to a line parallel with the part of the front face of the dwelling most distant from the street.
(e) This revised Section 4.23 applies to all fences constructed after the date of this Third Amendment. All existing non-conforming fences may remain in place provided that any replacement of non-conforming fence shall comply with the provisions of Section 4.23.
In all other respects, Declarant hereby ratifies, confirms and republishes the Declaration.