[Added 3-12-2001 by Ord. No. 2001-5]
The procedures set forth in this article shall be followed by all applicants proposing to develop land or buildings to be maintained under the condominium form of ownership or to convert existing land or building(s) from its present ownership to the condominium form of ownership in Latrobe.
In addition to all other requirements set forth in this chapter, and not in conflict with the requirements of this article, a declaration, a plat and/or plan of the condominium and bylaws shall be required for any proposed condominium and shall, upon review by the Planning Commission of Latrobe, be approved by the Council of Latrobe in accordance with the requirements set forth in this article and the Uniform Condominium Act, 68 Pa. C.S.A. § 3101 et seq., as amended and supplemented prior to submission of said documents for proper recording to the Recorder of Deeds of Westmoreland County. Furthermore, this article shall provide for the revocation of an approved condominium and subsequent recording of the same by appropriate means.
In addition to the requirements of the Uniform Condominium Act, 68 Pa. C.S.A. § 3101 et seq., as amended and supplemented, and the provisions of this Article VIII, Condominiums and Condominium Conversions, as set forth herein, the development and/or conversion of real property to the condominium form of ownership shall also be subject to any and all other provisions of the Code of Latrobe relating to the construction and/or maintenance of buildings and structures and land development, including but not limited to the Building Codes, Subdivision Ordinance, Zoning Ordinance and Property Maintenance Regulations.[1]
[1]
Editor's Note: See Ch. 108, Building Construction; Ch. 166, Zoning; and Ch. 149, Property Maintenance.
A. 
Declaration submission. In addition to any other plats and/or plans required pursuant to Article III of this chapter, one copy of the plat and/or plans of the condominium, on linen or Mylar drafting film, 24 inches by 36 inches, as specified by the Recorder of Deeds of Westmoreland County, shall be submitted to the Code Officer, together with five paper prints accompanied by an application for approval. The Secretary of Latrobe, or the Secretary's designee, shall transmit one copy of the plat and/or plan to each of the following for review and recommendation at least 45 days prior to the date on which the Latrobe Council is to take action: the Engineer of Latrobe, the Latrobe Planning Commission and the Westmoreland County Planning Commission. The Latrobe Planning Commission shall transmit the plats and plan of the condominium to the Latrobe Council with its recommendations for action by the Council.
B. 
Declaration approval; approval of plats arid/or plans of condominiums. After the plat and/or plan of the condominium has been approved by the Latrobe Council, the appropriate copies, duly certified by the proper officer of Latrobe, shall be distributed as follows:
(1) 
Three copies will be returned to the applicant for his/her/its files and for submission to the Office of the Recorder of Deeds of Westmoreland County and the Westmoreland County Planning Commission.
(2) 
One copy will be retained in the Latrobe files.
A. 
Submission. In addition to all plats and/or plans required pursuant to Article III of this chapter, six copies of the bylaws of the condominium/homeowner's association shall be submitted to the Code Officer accompanied by the application for approval and shall be forwarded to the Latrobe Council for its action, The Code Officer shall transmit one copy to the Latrobe Planning Commission for its review and recommendations at least 45 days prior to the date on which the Latrobe Council is to take action. The Latrobe Planning Commission shall transmit the bylaws to the Latrobe Council with its recommendations for action by the Council. All subsequent amendments to the approved bylaws shall be submitted to the Code Officer for approval in accordance with the requirements of this subsection.
B. 
Should any property or structure be converted into condominium units in violation of this chapter, in addition to other remedies provided by law, appropriate action(s) or proceedings(s), whether by legal or equitable process or otherwise, may be instituted or taken against the owner or owners to prevent such unlawful violation.
C. 
The provisions, restrictions and benefits of this section may not be waived by agreement or otherwise.
D. 
No declaration shall be approved by the Latrobe Council unless the owner or owners of the property or structure converting the same agree to comply with the provisions set forth in this section.