[HISTORY: Adopted by the Borough Council of the Borough of Wilkinsburg
8-14-1978 as Ord. No. 2103. Amendments noted where applicable.]
The purpose of this chapter is to provide for the control, supervision
and regulation of individual ownership of units within structures by adopting
regulations respecting access to and maintenance of common areas and facilities
so as to conform with community development objectives set forth in the Comprehensive
Plan, the Zoning Ordinance and the Subdivision Ordinance.[1]
This chapter shall apply to the division of real property into units.
All such divisions, whether of structure and land or structure only, shall
require the filing of a declaration plan and other documents as provided for
in this chapter.
A.
The captions used in this chapter are for convenience
only and shall not control or affect the meaning or construction of any of
the provisions of this chapter.
B.
Whenever a defined term is used, whether with initial
capitalization or not, it shall be deemed to be used as defined in this chapter.
C.
Whenever the regulations within this chapter are at variance
with other lawfully adopted rules, regulations, ordinances, restrictions or
covenants, that which imposes the most restrictive requirements shall govern.
Words used in the present tense include the future; the singular includes
the plural and the plural the singular; the word "person" includes an individual,
corporation, partnership, incorporated association or other similar entity.
As used in this chapter, the following terms shall have the meanings
indicated:
The Zoning Officer of the Borough of Wilkinsburg.
All landowners or any agent of said landowners who proposes to sell
units within an existing or proposed structure pursuant to the provisions
of this Unit Property Ordinance.
A registered professional architect licensed as such by the Commonwealth
of Pennsylvania.
The Council of the Borough of Wilkinsburg.
Any multiunit structure, whether in vertical or horizontal arrangement,
as well as other improvements comprising a part of the property and used or
intended for use for residential or commercial purposes or for any combination
of such uses.
Such governing regulations as are adopted pursuant to this chapter
for the regulation and management of the property, including such amendments
as may be adopted from time to time.
All portions of a condominium other than the units.
[1]The Long-Range Comprehensive Plan for the borough prepared in accordance
with the Pennsylvania Municipalities Planning Code.
[2]A condominium containing any building that at any time before recording
of the declaration was occupied wholly or partially by persons other than
purchasers and persons who occupy with the consent of purchasers.
[Added 1-8-1979 by Ord. No.
2120]
A board of natural individuals of the number stated in the code of
regulations who are residents of this commonwealth, who need not be unit owners
and who shall manage the business operation and affairs of the property on
behalf of the unit owners and in compliance with and subject to the provisions
of this chapter.
An instrument by which the landowner submits his or her property
to the provisions of this chapter hereinafter provided, and all amendments
thereof.
A survey of the property prepared in accordance with § 245-7 of this chapter.
A right-of-way granted for the use of private land for a public or
private purpose.
A registered professional engineer licensed as such by the Commonwealth
of Pennsylvania.
The legal or beneficial owner or owners of land, including the holder
of an option or contract to purchase (whether or not such option or contract
is subject to any condition). A lessee having a remaining term of not less
than forty (40) years shall be deemed to be a "landowner" for the purpose
of these regulations.
The land, the building, all improvements thereon and all easements,
rights and appurtenances belonging thereto, which is subject to the provisions
of this chapter.
A plan or other instrument duly entered or record in the Office of the Recorder of Deeds of Allegheny County in accordance with the provisions of § 245-11 of this chapter.
The Recorder of Deeds of Allegheny County.
The total extent of any land reserved or dedicated as a street, alley
or crosswalk, or for other public or private purposes.
The division or redivision of a lot, tract or parcel of land by any
means into two (2) or more lots, tracts, parcels or other division of land,
including changes in existing lot lines for the purpose, whether immediate
or future, of lease, transfer of ownership, building or lot development.
Chapter 229 of the Code of the Borough of Wilkinsburg, as amended.
A portion of the condominium designated for separate ownership, the
boundaries of which are described pursuant to 68 Pa.C.S.A. § 3205(4)
(relating to contents of declarations; all condominiums).
[3]The number, letter or combination thereof designating a unit in the
declaration plan.
[4]A declarant who owns a unit, a person to whom ownership of a unit
has been conveyed, or a lessee of a unit in a leasehold condominium whose
lease expires simultaneously with any lease the expiration or termination
of which will remove the unit from the condominium. "Unit owner" does not
include a person having interest in a unit solely as security for an obligation.
[5]Chapter 260 of the Code of the Borough of Wilkinsburg, as amended.
The applicant shall submit five (5) copies of a declaration plan to
the Administrator, together with five (5) copies of a preliminary plat of
subdivision drawn in accordance with the regulations contained in the Subdivision
Ordinance[1] at least two (2) weeks prior to the Planning Commission meeting
at which consideration of the subdivision plat is contemplated.
A.
The declaration plan shall contain:
(2)
A description of the land and building.
(3)
The name by which the property will be known.
(4)
A recital that the property is to consist of units and
common elements as shown in a declaration plan.
(5)
A description of the common elements and the proportionate
undivided interest, expressed as a percentage, assigned to each unit therein,
which percentages shall aggregate one hundred percent (100%).
(6)
A recital that the proportionate undivided interest in
the common elements may be altered by the recording of an amendment duly executed
by all unit owners affected thereby.
(7)
A recital of the purposes or uses for which each unit
is intended and restrictions, if any, as to use.
(8)
The names of the first members of council.
(9)
Any further details in connection with the property which
the party or parties executing the declaration may deem appropriate.
(10)
A covenant or other form of recital assuring to each
unit owner adequate and uninterrupted access to and maintenance of common
elements, including but not limited to gas, water, electric and telephone
lines; heating, ventilating and air-conditioning facilities; walls; steps;
interior and exterior lights; storm and sanitary sewers; roof drains; drainage
swales; cable television antenna; parking facilities or areas related to the
main structure; elevator; pedestrian ways; parking and pedestrian access;
driveways; porches; patios; railings; common utility rooms; hallways; laundry
facilities; garbage disposal facilities; recreational areas; and the like.
(11)
A recital releasing and absolving the borough from responsibility for maintaining any item specified in Subsection A(10) of this section and insuring access to all units for police and fire protection.
(12)
The declaration plan shall bear the verified statement
of an architect or engineer certifying that the declaration plan fully and
accurately shows the property, the location of the building thereon, the building
and the layout of the floors of the building, including the units and common
elements, and sets forth the name by which the property will be known and
the unit designation for each unit therein.
B.
Additional requirements. The declaration plan of a conversion
condominium must contain, in addition to the information required above:
[Added 1-8-1979 by Ord. No.
2120]
(1)
A statement by the applicant, based on a report prepared
by an independent (registered) architect or engineer, describing the present
condition of all structural components, plumbing, mechanical and electrical
installations material to the use and enjoyment of the condominium.
(2)
A statement by the applicant of the expected useful life of each item reported on in Subsection B(1) or a statement that no representations are made in that regard.
(3)
A list of any outstanding notices of uncured violations
of building code or other municipal regulations, together with the estimated
cost of curing these violations.
C.
This section applies only to units that may be occupied
for residential use.
The applicant shall also submit to Administrator five (5) copies of
the proposed form of deed or other instrument transferring ownership or otherwise
authorizing use of the units, the proposed code of regulations and all other
instruments or documents intended by the applicant to carry out the objectives
of the declaration proposal. The form and contents of these documents shall
conform to the requirements of the Unit Property Act and this chapter.
The Administrator shall review all submissions referred to above and,
if he or she finds them to be in compliance with the provisions of this chapter,
shall so certify his or her approval on the original copy of each required
submission.
After the review and recommendation by the Administrator and the Planning
Commission, all instruments and documents previously submitted by the applicant
shall be considered by the Borough Council at a public meeting of the Borough
Council. If the Borough Council shall find the instruments and documents submitted
to be in compliance with the provisions of this chapter, its approval shall
be so certified on the declaration plan.
A.
If the declaration plan and other required submissions
are approved by the Borough Council, said declaration plan, code of regulations,
special covenants running with the land, and any other instrument or document
so designated by the Administrator shall be filed of record in the Office
of the Recorder of Deeds of Allegheny County.
B.
A copy of the declaration running with the land, proposed
form of deed, and other instruments and documents submitted by the applicant
shall be filed in the office of the Borough Manager. No unit of property shall
be conveyed or leased until the approved declaration plan and other designated
instruments and documents have been duly recorded.
At the time of application the applicant shall submit an application
fee to the Borough Treasurer in an amount as set forth from time to time by
resolution of the Borough Council to cover the cost of review.[2]
The officers of the council are hereby designated as agents for the
purposes of services of process. The first members of council shall establish
and adopt the original code of regulations as provided in 68 Pa.C.S.A. § 3101
et seq. Thereafter, amendments or changes of the provisions of the code of
regulations shall be as set forth in the said Act. Further duties and powers
of this council shall be as set forth in the said Act. The council and its
successors will keep the Administrator informed as to the name and address
of the current agent or council member responsible for the management and
operation of the property as well as the names of the officers of the council.
The Zoning Officer of the Borough of Wilkinsburg is hereby appointed
Administrator, and in such capacity he or she shall administer this chapter
and amendments hereto, in accordance with its literal terms.
In lieu of the adoption of a declaration proposal establishing a council
for the regulation and management of the property, the applicant may prepare
and submit to the Administrator an alternative declaration proposal for the
regulation and management of the property. If the Administrator shall find,
after consulting with and receiving the opinion of the Borough Solicitor,
that the alternative declaration proposal substantially meets the standards,
requirements and objectives of this chapter, then the applicant shall be authorized
to proceed in accordance with the alternative declaration proposal in lieu
of his or her complying with the provisions of said chapter providing for
the establishment of a council.
A.
Any act or transaction in violation of the provisions
of this chapter shall be void and of no force or effect.
B.
Any person, partnership or corporation who or which shall
violate the provisions of this chapter shall, upon conviction thereof in a
summary proceeding, be sentenced to pay a fine of not more than six hundred
dollars ($600.). In default of payment of the fine, such person, the members
of such partnership or the officers of such corporation shall be liable to
imprisonment for not more than thirty (30) days in the Allegheny County jail.
Each day that a violation is permitted to exist after written notification
thereof shall constitute a separate offense.[1]
C.
In addition to the penalties and remedies set forth above
or otherwise authorized or provided by law, the borough, with or without the
joinder of any or all other affected persons, may enter suit in any court
of competent jurisdiction to compel compliance with the provisions of this
chapter or to enjoin actual or threatened conduct in violation of the provisions
of this chapter.
