ORDER. AND NOW, this day of, upon consideration of the. Stipulation of Counsel, it is hereby ORDERED and DIRECTED that said Stipulation and

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1 IN THE COURT OF COMMON PLEAS BUCKS COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN RE: APPEAL OF RICHARD J. : No DEGROOT FROM THE DECISION : OF THE TINICUM TOWNSHIP ZONING : HEARING BOARD : IN RE: APPEAL OF RICHARD J. : No DEGROOT FROM THE DECISION : OF THE TINICUM TOWNSHIP ZONING : HEARING BOARD : ORDER AND NOW, this day of, upon consideration of the Stipulation of Counsel, it is hereby ORDERED and DIRECTED that said Stipulation and the terms of Settlement contained therein are approved; that the Prothonotary shall mark the above captioned matters Settled, Discontinued and Ended ; and further, that this Court shall retain jurisdiction for the purposes of enforcing the terms of the Settlement. BY THE COURT J.

2 IN THE COURT OF COMMON PLEAS BUCKS COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN RE: APPEAL OF RICHARD J. : No DEGROOT FROM THE DECISION : OF THE TINICUM TOWNSHIP ZONING : HEARING BOARD : IN RE: APPEAL OF RICHARD J. : No DEGROOT FROM THE DECISION : OF THE TINICUM TOWNSHIP ZONING : HEARING BOARD : STIPLUATION AND SETTLEMENT AGREEMENT THIS AGREEMENT made this day of 2012, by and between Stephen B. Harris, Esquire, Solicitor for Tinicum Township ( Township ), and G. Michael Carr, Esquire, counsel for Richard J. DeGroot (deceased) and his Estate: BACKGROUND 1. Appellant Richard J. DeGroot ( DeGroot ), deceased, was an adult individual with an address of 905 River Road, Erwinna, PA. DeGroot was, and his Estate now is, the owner of a tract of land commonly known and identified as Bucks County Tax Map Parcel No ( Property ). The Property is situate at the northwest corner of the intersection of Headquarters Road and River Road, in Tinicum Township, Bucks County, Pennsylvania. The Property is irregularly shaped, contains approximately acres, and is improved with a number of buildings, including a dwelling, a second dwelling, an office and two former barns used and occupied as retail shops; 2. By Declaration dated September 18, 2007, DeGroot converted the existing buildings on the Property to a condominium form of ownership ( Condominium ). The Condominium is known as River Road Farms and is comprised of four (4) units, as

3 depicted on the Condominium Plan for River Road Farm, prepared by Thomas H. Crews, Inc., dated March 12, The case docketed at No arises out of the fact that, on July 9, 2008, Shawn McGlynn, the Tinicum Township Zoning Officer ( Zoning Officer ) issued an Enforcement Notice to DeGroot. The Enforcement Notice alleged the following three (3) violations on the Property: a. Creation of commercial condominiums on the Property without land development approval in violation of Section 107 of the Tinicum Township Subdivision and Land Development Ordinance ( SALDO ); b. Creation of commercial condominiums on the Property in violation of Section 702 of the Zoning Ordinance; and c. Continued violation of the enforcement notice dated December 3, 2003 by virtue of continued construction of a commercial structure on the Property. 4. DeGroot filed a timely appeal of the Enforcement Notice to the Tinicum Township Zoning Hearing Board ( Board ) and after public hearing, at which the Township appeared in opposition to the DeGroot appeal, the Board issued a written decision dated December 18, 2008 denying the application. 5. The case docketed in this Court at No arises as a result of an appeal from a determination of the Tinicum Township Zoning Hearing Board regarding a dispute over the reconstruction of a building which had partially collapsed, which the Township Zoning Officer had alleged was unlawfully reconstructed and enlarged without necessary permits. 2

4 6. The Property is presently under and subject to an agreement of sale with William D. Gittler and Meredith Gittler, husband and wife, who wishes to end and settle all pending litigation with the Township and to put the Property to specific new uses, as described hereinafter, and the parties hereto wish to facilitate the sale of the Property and to confirm that the purchasers proposed uses are and will be allowed, subject to the terms and provisions of this Stipulation and Settlement Agreement. 7. The tourist-oriented and specialty retail uses on the Property are permitted pursuant to a 1978 decision of the Tinicum Township Zoning Hearing Board determining that retail uses of the Property were pre-existing nonconforming uses, and that they could be expanded to wholly occupy the buildings within which they were located. 8. In an effort to resolve the instant matter, the parties to this Stipulation and Settlement Agreement have discussed settlement proposals and have reached an agreement as to the terms of a settlement of the above-captioned matter. 9. This settlement is entered into to avoid the expense and uncertainty of litigation, and does not constitute an admission of liability by any party hereto, and to the extent that this Agreement may be construed as a consent to the jurisdiction of this Court, that consent is limited to the purpose of approving and enforcing this Agreement. TERMS OF SETTLEMENT NOW THEREFORE in consideration of the mutual promises herein contained and intending to be legally bound, the parties hereto and hereby agree as follows: 1. This Stipulation and Settlement Agreement shall be submitted to the Court for approval. 3

5 2. Within one (1) year of the date this Stipulation is approved by the Court, DeGroot, the DeGroot Estate or its successors and assigns shall take all steps and actions necessary to undo, void, and reverse the above-referenced conversion of the Property to condominium units. 3. DeGroot, the DeGroot Estate or its successors and assigns shall within six (6) months of the sale of the Property remove the second dwelling, which is a manufactured home to the rear (west) of the historic barn and house, and the septic holding tank serving that dwelling. 4. DeGroot, the DeGroot Estate or its successors and assigns shall within six (6) months of the sale of the Property remove the portions of an outbuilding which were alleged to have been unlawfully constructed without permits, and restore that building to a footprint size that is equal to or smaller than prior to the allegedly unlawful enlargement thereof. [I suggest we agree on exactly what will be removed. Perhaps a plan of the footprint of the building showing what will be removed and what will be retained.] It Barbara J. Frederick 9/28/12 1:08 PM Deleted: done to remediate this situation as you have suggested. This is too open ended being understood that it is or may be difficult or impossible to ascertain which portions of that building constitute an enlargement of the structure that it replaced, and with the understanding that the reconstructed building may be of superior construction and greater utility than other outbuildings or portions thereof existing on the Property, the Township and property owner may agree, in the alternative, to the removal of any portion of the reconstructed building, to the removal of a different building on the Property, or to the removal of a portion of a different building, roughly equivalent in size to the allegedly enlarged portion of the reconstructed building. 4

6 5. Existing buildings and uses may continue to be occupied and used as they have been historically, as a single family dwelling, tourist-oriented and specialty retail shops, a dwelling, and an office under and pursuant to a 1978 Zoning Hearing Board Decision, a copy of which is attached hereto and made part hereof. 6. In addition, the parties agree that occupancy of the Property shall be contingent on its owner establishing the adequacy of an on-site septic system or systems. DeGroot, the DeGroot Estate or its successors and assigns shall forthwith take all steps reasonably necessary and as required by law and this Agreement to repair or replace existing on-site sewage disposal systems, which are acknowledged to be inadequate, with systems approved and permitted by the Bucks County Health Department as in accordance with all applicable State, County and Township statutes, regulations, rules and ordinances, and the Township s Act 537 Plan, adequate in terms of design, size and construction to serve existing and proposed uses of the Property. This paragraph shall not preclude the use of a temporary holding tank if such a facility is deemed necessary and appropriate to address identified inadequacies of existing systems, while a new system or systems are designed and constructed, or while existing systems are upgraded or repaired. In no event shall a temporary holding tank be in use for a period in excess of one (1) year from the date this Stipulation is approved by the Court. 7. The owner of the Property shall have the right, in addition the uses Barbara J. Frederick 9/28/12 1:09 PM Deleted: of occupancy of the Property as contemplated by this Agreement permitted under the 1978 Zoning Decision, or in place of them, to utilize existing buildings as and for the following uses: a Bed and Breakfast, with an accessory cooking school component; a second single family dwelling, located within the barn or a portion thereof, to be occupied by the owner(s) of the Property in the event that the existing Barbara J. Frederick 9/28/12 1:09 PM Deleted: [or one of the existing buildings?], 5

7 house is occupied by, as, and for, a Bed and Breakfast use. The Bed and Breakfast shall not exceed six (6) bedrooms. A dwelling constructed in the barn or any existing building must conform to the floodplain provisions of the Tinicum Township Zoning Ordinance. 8. No additional buildings shall be permitted to be constructed. 9. The Property may be used to host weddings and similar substantial functions subject to a limit of a maximum 75 attendees and a maximum of four (4) outdoor events per year and subject to prior review and approval by the Board of Supervisors, which approval shall not be unreasonably withheld. Approval of events Barbara J. Frederick 9/28/12 1:10 PM Deleted: 150 Barbara J. Frederick 9/28/12 1:10 PM Deleted: twenty-four (2 shall be subject to submission of plans and supporting documentation establishing the adequacy of parking and traffic control measures, the adequacy of septic facilities to serve anticipated needs, and consideration of other public impacts that might stem from such events. No traffic from the outdoor events will exit onto Headquarters Road. There will be no outdoor overhead lights at the events. The outdoor events shall comply with the Township s lighting requirements in the Zoning Ordinance and the Township Noise Ordinances. Any events use of the Property shall be clearly accessory and subordinate to other uses of the Property, and any tents, portable bathroom facilities, catering facilities, and any other improvement or structure necessary for such uses shall be clearly temporary in nature, and shall be install immediately prior to an event and removed promptly thereafter. Tents shall be subject to inspection for compliance with applicable health and building and public safety codes. The Township Zoning Officer may approve an event or events administratively without the need for formal Board action. In the event that the Township fails to respond to a request for approval of an event within thirty (30) days of the submission of said request, said request shall be deemed approved. 6

8 Prior to holding an outdoor event at the Property, the property Owner shall install a buffer along the side and rear lot lines of the Property in accordance with the Barbara J. Frederick 9/28/12 1:13 PM Formatted: Indent: First line: 1", No bullets or numbering terms of the Zoning Ordinance. 10. Parking for existing and proposed uses of the Property shall conform to the reasonable requirements of the Township Board of Supervisors with respect to the number and size of spaces, and the location of any parking lot(s). Existing parking along the River Road frontage shall be permitted to remain so long as no parking place is designed so that a car must back onto River Road. Parking may, at the discretion of the owner of the Property, be relocated to a parking area located within the interior of the Property. Prior to the issuance of occupancy permits for the tourist-oriented and specialty retail uses and the office, the proposed parking and traffic circulation shall be shown on a plan to be reviewed by Township staff and professional personnel, and approved by the Board of Supervisors. The parking plan shall also show stormwater facilities designed to adequately detain or retain stormwater runoff from any new impervious surface. Such plans shall be reviewed not as a land development, but as a grading plan, and they need not conform to the strict requirements of the Township s Zoning and Subdivision and Land Development Ordinance, but facilities shall be designed to generally further the purposes of those Ordinances. 11. Upon Court approval of the Stipulation and Settlement Agreement, the Board of Supervisors shall be permitted, in its discretion to allow departures from strict adherence with the Township s municipal ordinances, rules and regulations if, in the reasonable discretion of the Board such departure is deemed necessary to further the Barbara J. Frederick 9/28/12 1:13 PM Deleted: <#>This Agreement shall not be construed as specifically allowing a restaurant use of the Property, in addition to the uses discussed hereinbefore, however, the Board of Supervisors shall have the discretion to review, and if appropriate, approve a request for a restaurant use in an existing building or buildings on the Property provided that adequate measures are implemented to address buffering of adjacent properties, proper trash and waste storage and disposal, traffic, noise, lighting, and other potential adverse impacts. 7

9 purposes of this Stipulation and Settlement Agreement, and to assure the adequacy of parking facilities and stormwater improvements. 12. Any restoration, renovation or alteration to the existing historic house and barn, which would be visible from River Road shall be carried out with extreme sensitivity to the historic significance of the Property and its appearance in a very prominent scenic and historic area, and shall be approved by the Board of Supervisors subject to a standard identical to that applied by an Historic and Architectural Review Board under the Pennsylvania Historic Areas, Sites and Buildings Law, 53 P.S et. seq., taking into consideration a description of the work to be done, and the general design, arrangement, texture, material and color of the building or structure and the relationship of such factors to similar features of buildings or structures in the vicinity of the Property, and the impact of the work on the historic character of the neighborhood in which the Property is located. In the event that any slate roof needs to be replaced such replacement may be with a material which is not slate, but which resembles slate, or with any other material deemed historically appropriate. The exterior of the house and barn shall be restored within three (3) years of the date that this Stipulation is approved by the Court. If the aforementioned Barbara J. Frederick 9/28/12 1:13 PM Formatted: Indent: First line: 1", No bullets or numbering restoration is not completed within three (3) years, the Township shall give the Property Owner three (3) months to complete the restoration. If the restoration is not completed within that time, the Township may withdraw the Certificate of Occupancy for the house and/or barn until such time as the restoration of the house and/or barn is/are complete. 13. This Agreement is contingent upon the DeGroot Estate completing settlement and selling the Property to William D. Gittler and Meredith Gittler, husband 8

10 and wife, on or before July 31, If the sale is not completed, this Settlement Stipulation shall be null and void and either party may request the Court to vacate its Order approving the terms of the settlement. The Gittlers shall join in this Stipulation to confirm that they are in agreement with its terms. WHEREFORE, the parties request that the Court approve the terms of this Settlement and mark the case SETTLED WITH PREJUDICE, DISCONTINUED and ENDED; however, and retain jurisdiction for the purposes of enforcing this agreement; HARRIS and HARRIS EASTBURN and GRAY, P.C. By: By: Stephen B. Harris, Esquire G. Michael Carr, Esquire Attorney for Tinicum Township Attorney for the Estate of Atty. I.D. No Richard J. DeGroot, deceased 1760 Bristol Road, P.O. Box 160 Atty. I.D. No Warrington, PA East Court Street (215) P.O. Box 1389 Doylestown, PA (215) The Equitable Owners of the Property are executing this Settlement Stipulation to confirm they are in agreement with its terms. William D. Gittler Meredith Gittler E:\WPDOCS\Maria\Tinicum\DeGroot\settlement agreement (SBH rev6-1-12)clean.doc 9

11 G. Michael Carr, Esquire Attorney ID No Kellie A. McGowan, Esquire Attorney ID No EASTBURN AND GRAY, P.C. 60 East Court Street, P.O. Box 1389 Doylestown, PA Attorneys for Appellant fax Richard J. DeGroot IN THE COURT OF COMMON PLEAS BUCKS COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN RE: APPEAL OF RICHARD J. : No. DEGROOT FROM THE DECISION : OF THE TINICUM TOWNSHIP ZONING : HEARING BOARD : CERTIFICATE OF SERVICE It is hereby certified that on, I, Kellie A. McGowan, Esquire, served, by first class regular mail, postage prepaid, true and correct copies of the within document indicated below, on the persons indicated below. Document(s): Settlement Stipulation Parties Served by mail: Barbara J. Frederick 9/28/12 1:21 PM Deleted: Land Use Appeal Notice Stephen B. Harris, Esquire James M. McNamara, Esquire Harris and Harris McNamara, Bolla, Williams & Panzer 1760 Bristol Road 116 E. Court Street P.O. Box 160 Doylestown, PA Warrington, PA (215) (215) EASTBURN AND GRAY, P.C. By: G. Michael Carr, Esquire Kellie A. McGowan, Esquire Attorneys for Appellant, Richard J. DeGroot 10