[Added 7-21-2005 by Ord. No. O-05-11[1]]
The use of property for the purpose of sharing a common facility among numerous property owners is ideal. It is more efficient, less costly and, in some instances, safer to share all types of facilities and land. However, due to the inherent nature of sharing, conflicts or lack of cooperation may arise. It is for this reason that the following regulations will dictate how shared facilities shall be owned and maintained to allow for associations to handle matters internally and govern their common elements.
A. 
Applicability. A development shall have an association to be formed under the following circumstances:
(1) 
Common elements are proposed to be used and maintained by multiple units, their owners, guests, visitors and/or employees. This shall include instances where multiple developments, each with their own association, use a larger common element and therefore would require a master association for all those users of the common element.
(2) 
If one or more of a group of multiple units under common ownership use and maintain common elements which are sold to another owner creating more than one unit owner using a common element.
(3) 
The following is a list of elements that may be considered common but for the purposes of this section shall not be subject to the provisions of this section and require the formation of an association to maintain those common elements listed below:
(a) 
Shared access and parking agreements between two properties containing single-family detached dwellings shall be exempt from forming an association.
[Amended 2-20-2014 by Ord. No. O-14-01]
(b) 
Sidewalks.
(c) 
Shared common facilities are part of an agreement between all property owners sharing such facilities, which is executed among said property owners and in a form to be recorded in the Centre County Recorder of Deeds Office. Furthermore, such agreement shall be provided to the Township for review along with evidence of recording.
[Amended 2-20-2014 by Ord. No. O-14-01]
B. 
General provisions. The association shall be formed in accordance with the following provisions:
(1) 
The association shall be established as an incorporated organization(s) operating under recorded covenants and deeds and filed in the Centre County Courthouse.
(2) 
The association shall be created and implemented in accordance with the requirements of the Municipalities Planning Code, 53 P.S. § 10101 et seq. and the Uniform Planned Communities Act, 68 Pa. C.S. § 5101 et. seq. with the primary purpose of maintaining the common elements.
(3) 
The association shall recognize that any vacant land may be developed or existing units may be redeveloped in accordance with College Township zoning and subdivision ordinances and therefore should be set up and organized to allow for or limit such a development and its impacts on the maintenance and improvements to existing common elements.
(4) 
The association shall provide for future development within any unit governed by the association. Common elements shall be permitted to be improved by any unit party to the association given that the improvements meet College Township regulations, provisions of the approved final land development/subdivision plan and are not restricted by any deed restrictions.
(5) 
Declaration of a planned community, deeds and association bylaws shall be provided to the Township and reviewed by the Township Solicitor at the declarant's expense prior to receiving preliminary land development/subdivision approval. Only those sections referencing stormwater facilities, sidewalks, private streets, common driveways or relevant common elements and the time frame for organization of association shall be scrutinized.
(6) 
Henceforth, all associations formed after the date of adoption of this section shall be registered with the College Township Zoning Office providing the following: name, address and phone number of the association, or name, address and phone number of the officer in charge of the association, to be updated with the Township annually.
[1]
Editor's Note: This ordinance also provided for the redesignation of former §§ 180-27 through 180-29 as §§ 180-28 through 180-30, respectively.
A. 
The Township Council or its duly appointed representatives shall have the duty and authority for the administration and general enforcement of the provisions of this chapter, as specified herein. Permits required by the Township for the erection or alteration of buildings, the installation of sewage disposal systems or for other pertinent improvements to or use of the land shall not be issued by any municipal official unless in accordance with the procedures specified herein.
B. 
Fees. The Council may establish, by resolution, a schedule of fees[1] and a collection procedure for review and inspection of all applications for approval of a subdivision or land development plan.
(1) 
All such fees shall be payable to the Township.
(2) 
No plan shall be considered as having been filed or accepted for review, inspection or approval unless and until all fees are first paid in full.
[1]
Editor's Note: See Ch. A203, Fees.
C. 
The owner or subdivider making application for review of a preliminary subdivision plan or final subdivision plan shall execute an agreement with the Township of College, which agreement shall provide that the owner or subdivider shall reimburse the Township for the actual cost of all fees and expenses for engineering services that the Township may incur with the review of the plan for land subdivision submitted by the owner or subdivider, on-site inspection of the development or improved roadways, cost of test core samples which will be taken to ascertain compliance with thickness and compaction requirements of improved roadways to be accepted by the Township and any additional expenses incurred and authorized by the Township Manager, and deemed necessary for on-site investigations.
[Added 1-8-1987 by Ord. No. 100]
A. 
Any person, partnership or corporation who or which, being the owner or agent of any lot, tract or parcel of land, shall violate § 180-4F or shall lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon or who sells, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development, whether by reference to or by other use of a plan of such subdivision or land development, or erect any building thereon, unless and until a plan has been prepared and approved in full compliance with the provisions of this chapter, shall be subject to those penalties prescribed by Section 515 of the Pennsylvania Municipalities Planning Code,[1] which provides for civil penalties of $500 per day plus all court costs, including reasonable attorneys' fees.
[Amended 8-16-2007 by Ord. No. O-07-03]
[1]
Editor's Note: See 53 P.S. § 10515.3.
B. 
The Township may initiate and maintain a civil action:
(1) 
To obtain injunctive relief against the owner or agency who attempts the improper sale or conveyance of land.
(2) 
To set aside and invalidate any conveyances of land made prior to plan approval of any subdivision.
(3) 
To enforce, at law or in equity, any of the provisions of this chapter.
C. 
Nothing herein shall prevent the Township from taking such other action as is necessary to prevent or remedy any violation.
Provisions of this chapter may, from time to time, be amended through action of the Council in the manner provided by Article V of the Pennsylvania Municipalities Planning Code, as amended.