[HISTORY: Adopted by the Borough Council of the Borough of Morrisville 4-8-1997 by Ord. No. 884. Amendments noted where applicable.]
GENERAL REFERENCES
Real estate registry— See Ch. 86.
Building and construction code — See Ch. 129.
Registration of multifamily dwelling occupants — See Ch. 286.
Subdivision and land development — See Ch. 390.
Zoning — See Ch. 465.
A. 
As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
ACT
Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., 1980, July 2, P.L. 286, No.82.
BOROUGH
The Borough of Morrisville.
CONDOMINIUM
Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those separately owned portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
B. 
The Borough incorporates herein by reference the definitions set forth in § 3103 of the Pennsylvania Uniform Condominium Act.
It shall be unlawful to record any plan or other document establishing a condominium without obtaining approval of the Borough in the manner provided for approval of plans. Such approval shall be required whether the condominiums are to be for office, residential or other purposes.
It shall be unlawful to establish any new condominium without complying with the terms of §§ 152-5 through 152-20 of this chapter. No plan or other document establishing a condominium shall be approved without compliance with these sections.
No condominium shall be approved unless the following items have been submitted and approved by the Borough:
A. 
A development plan of the condominium, including location and sizes of structures, parking layout, access areas and exterior elevations.
B. 
A preliminary landscaping plan of the project, indicating types and sizes of landscaping materials and permanent irrigation facilities.
C. 
A preliminary lighting plan of the project, indicating location and nature of lighting and lighting fixtures in common areas.
D. 
The proposed condominium documents, including those portions of the covenants, conditions and restrictions that apply to the conveyance of units, the assignment of parking and the management of common areas within the project.
E. 
Construction plans for any proposed new building.
F. 
For existing buildings proposed to be converted, original construction plans or a set of plans accurately showing existing construction and construction plans for the proposed conversion.
The following requirements shall apply:
A. 
Common open space areas shall be designed and located within the condominium to afford use by all residents of the project. These common areas may include, but are not limited to, game courts or rooms, swimming pools or play lots.
B. 
Active recreation and leisure areas, except those located completely within a structure, used to meet the open space requirement, shall not be located within 15 feet of any door or window of a dwelling unit.
A. 
Each unit shall be provided with two parking spaces. No space shall block another space.
B. 
In addition to the above requirement, if on-street parking is prohibited on the street upon which the project fronts, there shall be at least one additional parking space for each condominium unit, which spaces shall be located in such a manner as to be readily accessible to the visiting public.
Trash collection areas shall be provided within 250 feet of the units they are designed to serve. Trash collection shall be provided by the Borough and the individual unit owners shall be billed regardless of whether trash collection services are used by the unit. An owner of a condominium building containing five or more units may elect to have trash collected by a private hauler. If an owner elects to have private collection, the Borough must be provided written documentation evidencing such an arrangement with a private hauler.
For residential condominiums, the following standards shall apply to streets:
A. 
The declarant shall post bond or deposit cash security with the Borough to guarantee the installation of the improvements to Borough standards of any substandard or deficient street improvements fronting the property within the public right-of-way, to the satisfaction of the Borough Engineer in accordance with the then-current ordinance and regulation of the Borough. These improvements may include, but not be limited to, curbs, driveways, drainage improvements and devices and street lights.
B. 
The width of the public rights-of-way and roadway of the street abutting the property shall conform to the Borough plan and to all applicable ordinances.
In addition to all other applicable building code requirements, the following standards shall apply:
A. 
Plumbing fixtures. All plumbing fixtures within a unit shall be installed in a manner which will allow any individual plumbing fixtures, or all plumbing fixtures, or all plumbing fixtures not having individual shutoffs within a single unit, to be shut off from the water supply without shutting off the water supply to plumbing fixtures in other units and within the common areas. All units shall conform to the current plumbing ordinances and codes of the Borough.
B. 
Utility meters. Each utility that is consumed within the individual unit shall be separately metered in such a way that the unit owner can be separately billed for its use. Utility meters shall be placed underground or screened architecturally or with landscaping if located outside the buildings.
C. 
Circuit breakers. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible within or close to the unit.
[1]
Editor's Note: See Ch. 160, Uniform Construction Codes.
The declarant shall include a copy of those portions of the declaration and restrictions proposed to be recorded, together with any and all documents required and relating to the items regulated by this section. Once the declaration is accepted in final form by the Borough, no portion of the declarations relating to items regulated by this chapter shall be amended, modified or changed without first obtaining the written consent of the Borough.
Office condominiums shall comply with all limited to, all building regulations, zoning requirements and off-street parking requirements.
Where there are unusual circumstances involving the location, site or configuration of the proposed condominium, the Borough Council may approve exceptions to one or more of the terms of this chapter. Lack of funds of the declarant to comply with the terms of the Part shall not constitute a reason for an exception.
No person, firm or corporation shall convert any existing duplex, triplex or multifamily unit or apartment building into a condominium without complying with each of the requirements of this chapter and all other applicable zoning requirements, building regulations and off-street parking requirements.
A report on the physical elements of all structures and facilities shall be submitted with the parcel map at time of the submission of the report and same shall include, but not be limited to, the following:
A. 
A report detailing the structural condition of all elements of the property, including foundations, electrical, plumbing, utilities, walls, ceilings, windows, hallways, stairways and stairwells, elevators, exits, fire escapes, laundry rooms, porches, balconies, smoke detectors, fire and emergency alarm units, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities and appliances.
B. 
A report from a licensed structural pest control operator, approved by the Borough, for each structure and each unit within the structure evidencing that there is no active wood infestation and that prior wood infestation damage, if any, has been remedied.
C. 
A report on any known soil or geological conditions regarding soil deposits, rock formations, faults, groundwater and landslides in the vicinity of the project and a statement regarding any known evidence of soil problems relating to the structures. Reference shall be made to any previous soil reports for the site and a copy submitted with said report.
D. 
A statement of repairs and improvements to be made by the declarant necessary to refurbish and restore the project to achieve a high degree of appearance and safety.
The final form of the physical elements report and other documents shall be submitted for approval to the Borough. The reports, in their acceptable form, shall remain on file with the Borough Clerk for review by any interested persons. The reports shall be referenced in the land development report to the Planning Commission.
The declarant shall provide each purchaser with a copy of all reports, in their final form, as accepted by the Borough, prior to said purchaser executing any purchase agreement or other contract to purchase a unit in the project and said developer shall give the purchaser sufficient time to review said reports.
A. 
To achieve the purpose of this chapter, the Planning Commission shall require that all condominium conversions conform to the Borough ordinances in effect at the time of plan approval, except as otherwise provided in this chapter.
B. 
All pertinent provisions of the Borough ordinances must be met and violations corrected prior to the approval of the final plan or, upon approval of the Borough, funds shall be escrowed, or bonds posted to assure completion of such corrective work prior to the transfer of any unit in the project.
The Planning Commission shall require conformance with the standards of this section in approving the map.
A. 
Building regulations. The project shall conform to the applicable standards of the housing and building ordinances in effect on the date that the plan for conversion is approved, except as herein provided.
B. 
Fire prevention.
(1) 
Smoke detectors. Each living unit shall be provided with approved detectors of products of combustion other than heat, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.
(2) 
Maintenance of fire protection systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be maintained in operable condition at all times.
(3) 
Utility metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for equitable sharing of communal water metering shall be developed prior to final map approval and included in the covenants, conditions and restrictions. If declarant can demonstrate that this standard cannot reasonably be met, this standard shall be modified by the Planning Commission.
(4) 
Condition of equipment and appliances. The declarant shall provide written certification to the buyer of each unit at time of settlement that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks and air conditioners that are provided are in operable working condition. At such time as the condominium association takes over management of the development, the declarant shall provide written certification to the association that any pool and pool equipment, including filter, pumps and chlorinator and any appliances and mechanical equipment to be owned in common by the association is in operable working condition.
(5) 
Refurbishing and restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas and additional elements as required by the Planning Commission shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety.
The Planning Commission shall not approve an application for condominium conversion or development unless the Planning Commission finds that:
A. 
All provisions of this chapter have been satisfied.
B. 
The proposed conversion or development is consistent with the master plan of the Borough, if one has been approved by the Borough.
C. 
The overall design and physical condition of the condominium conversion or development achieves a high degree of appearance, quality and safety.
The fact that a report has been filed with the Borough shall not be deemed a finding by the Borough that the report is true and accurate or that the Borough has in any way passed upon the merits or given approval to the condominium project. It shall be unlawful to make or cause to be made to a prospective purchaser, any representation contrary to the foregoing. It shall likewise be unlawful for any person to make or cause to be made in a property report to a prospective purchaser, any statement or representation that is knowingly false or misleading. It shall also be unlawful for anyone to make or cause to be made to any prospective purchaser, any representations which differ from the statements in the property report or amendments to that report.
A. 
Any person, firm or corporation who violates any provision of this chapter, or who willfully makes an untrue or misleading statement of material fact to be stated therein or who willfully fails to state any fact required to be stated therein, after reasonable notice by the Borough to cure same, shall be fined not less than $50 nor more than $300 for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Nothing herein shall prevent any person from exercising any right or seeking any remedy to which such person might otherwise be entitled to or from filing an appropriate complaint with a court of law or equity.
B. 
Whenever it is determined by the Borough Solicitor that there has been a violation of this chapter, that office is authorized, at its discretion, to commence one or more of the following procedures:
(1) 
Attempt to conciliate the matter by conference or otherwise and secure a written settlement agreement.
(2) 
Seek a written assurance or discontinuance which shall be signed by the declarant and the Borough Solicitor.