[HISTORY: Adopted by the Borough Council of the Borough of Morrisville 4-8-1997
by Ord. No. 884. Amendments noted where applicable.]
A.
ACT
BOROUGH
CONDOMINIUM
As used in this chapter, the following terms shall have
the following meanings, unless the context clearly indicates that a different
meaning is intended:
Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq., 1980, July 2, P.L. 286, No.82.
The Borough of Morrisville.
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.
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.
Condominiums for retail establishments or for all other purposes shall
comply with all Borough ordinances applicable to the proposed use and type
of building including, but not limited to, 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.
Prior to Borough approval of the condominium project, the declarant
shall certify by affidavit that the declarant will comply with the terms and
conditions of the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq.
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:
