Borough of Jenkintown, PA Plan Requirements

A preliminary plan is required whenever land is to be subdivided abutting on existing streets or streets proposed to be laid out through unimproved land. It shall be drawn with reasonable accuracy, to a scale of not more than 100 feet to the inch. The plan shall show all existing topographical features, including location, widths or surface drains, and the proposed street and lot layout, sanitary, storm or surface drainage and all other information necessary for a thorough study of the proposed subdivision.

Condominium plan requirements.

[Added 5-13-1980 by Ord. No. 80-14]

(1)

Submission.

(a)

The owner of any building, or land upon which any building is to be erected, who intends to file a declaration under the Unit Property Act[1] of July 3, 1963, P.L. 196, 69 P.S. § 700.101 et seq., shall, prior to such filing, submit such declaration, the declaration plan, code of regulations, as those documents are defined under the Act, engineering report and proposed warranty, as required herein, to the Borough Council for its approval. Such documents shall be submitted as five copies. Any owner's declaration which shall have been filed prior to the effective date of this subsection shall, prior to conveying any deed to any unit, submit such documents for approval.

[1]

Editor's Note: The Unit Property Act, 68 P.S. §§ 700.101 to 700.805, was repealed by 1980, July 2, P.L. 286, No. 82, § 2; see now the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.

(b)

All requirements of the said Unit Property Act shall be complied with regarding content and recording of the declaration, declaration plan and code of regulations, and any amendments thereto shall be subject to Borough approval in accordance with the provisions of this chapter.

(c)

Because of the unique nature of condominium ownership and operation of apartment buildings and the burden of providing normal municipal services therein, it shall be a requirement that each code of regulation recorded pursuant to the said Unit Property Act shall include provision for the collection and removal of trash, refuse, garbage and snow from the units and common elements, for security to the units and common elements, and such other municipal type services to the units and common elements, for payment of the costs therefor and a specific statement that provides that such services shall be the obligation of the council of the said condominium, to be paid for by the owners of the units thereof, and that such services to the units and common elements shall not be the responsibility of any local governmental unit.

(2)

Notice of conversion. At least 60 days prior to recording any declaration, declaration plan and code of regulations, the owner of any existing multiple-dwelling building who seeks to convert such building to condominiums shall give notice to the tenants under current lease agreement of such interest and provide such tenants with a copy of such documents upon request.

(3)

Engineering report. In the case of any conversion of an existing structure into the condominium form of ownership, at the time of filing of the other condominium documents, the owner shall submit a report, prepared by a registered professional engineer in the Commonwealth of Pennsylvania and bearing his seal, giving a detailed evaluation of the condition of all structural components and major mechanical systems of said structure, stating all required repairs, including but not limited to heating, air conditioning, plumbing, elevators, electrical, roofing and masonry. Furthermore, the owner shall at the same time give to each tenant a list of all repairs and improvements which he will make to said structure, including the proposed dates of completion, estimated remaining useful life, and estimated costs of such repairs and improvements. Such report shall be made available to any prospective purchaser and shall be provided to any tenant of an existing unit.

(4)

Warranty. The owner of any structure or proposed structure shall provide a warranty to all purchasers of units therein that, for a period of two years from the date the first unit is sold to a bona fide purchaser or for so long as the owner shall control at least 50% of the units in said structure, whichever is later, the owner shall repair or replace all structural components and major mechanical systems of said structure so that they continue and operate in good repair and working order and function in their intended manner, backed by financial security, exclusive of normal wear and tear as the result of proper operation and use, acts of God or vandalism. Said warranty shall be included as part of the declaration portion of the condominium documents. Furthermore, in the event that the owner or owners of any said structure possess any warranties which run from third persons to the owner or owners and which warrant the soundness or fitness of any structural components or major mechanical systems of the structure, the owner or owners shall assign any such warranties capable of assignment to the tenants of the structure and to all purchasers of units within the structure, and said assignments shall be included as part of the declaration portion of the condominium documents.

[Amended 1-26-2015 by Ord. No. 2014-8]

(5)

Statement of operating costs. At the time of filing of the other condominium documents or within 30 days thereof, the owner or owners shall submit to the Borough and shall make available to prospective purchasers the following:

(a)

In the case of a new structure, a statement of estimated monthly payments which the prospective purchaser of any unit will be required to make for real estate taxes, water, sewer rent, electricity, gas, maintenance of common facilities, management fees, use of recreational facilities and all other costs to be incurred by the unit owner.

(b)

In the case of a conversion condominium, a statement incorporating the following:

[1]

A detailed actual statement of expenditures made on all repairs, maintenance, operation and upkeep of the structure for the latest three-year period, fiscal or calendar, for which such accounting is available.

[2]

A detailed actual statement of the operating expenses of the structure for the current year.

[3]

A detailed statement of estimated operating expenditures for the next year.

[4]

A statement of estimated monthly payments which the prospective purchaser will be required to make for real estate taxes, water, sewer rent, electricity, gas, maintenance of common facilities, management fees, use of recreational facilities and all other costs to be incurred by the unit owner.

(6)

Service of process. The owner or owners shall designate the Borough Manager as agent for the purposes of accepting service of any legal process arising out of or in connection with any cause of action against them commenced by any tenant or by any purchaser of any unit and relating to the enforcement of any provision of this chapter or Chapter 107. However, in no event shall such service of process be made by service on the Borough Manager until after an unsuccessful bona fide attempt has been made to secure service by other means provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Long Arm Statute (Act of July 9, 1976, P.L. 586, No. 142, Sec. 2 et seq., as amended, and any successor legislation thereto). All owners of said structures shall keep the said Borough Manager notified of their then current address for a period of five years following the filing of their condominium documents with the Borough.

(7)

Separate utility metering. The owner or owners of any newly constructed condominium shall, at his or their own expense, provide that each individual unit within such condominium be metered separately for determining the utility charges against the owner of each such unit, which utility charges shall include the cost of providing such unit with heat, air conditioning, electricity, gas and water.