[Added 7-21-2005 by Ord. No. O-05-11]
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]
(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.
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.