The College Township Council or its duly appointed representatives shall have the duty and authority for the administration and general enforcement of the provisions of this chapter, as specified herein. Permits required by the Township for the erection or alteration of buildings, the installation of sewage disposal systems or for other appurtenant improvements to or use of the land shall not be issued by any Township official unless in accordance with the procedures specified herein.
A. 
Fees. The Council may establish, by resolution, a schedule of fees[1] and a collection procedure for review and inspection of all applications for approval of a planned residential development plan.
(1) 
All such fees shall be payable to College Township.
(2) 
No plan shall be considered as having been filed or accepted for review, inspection or approval unless and until all fees are first paid in full.
[1]
Editor's Note: See Ch. A203, Fees.
B. 
Zoning permit. In a planned residential development, a zoning permit shall be required prior to the erection, extension or alteration of any structure and prior to the use or change in use of a structure or land, as required by Chapter 200, Zoning, including § 200-50, Residential site plan review.
[Amended 2-20-2014 by Ord. No. O-14-01]
C. 
Occupancy permit. Upon completion of the erection, extension or alteration of a structure in a planned residential development for which a zoning permit was issued, the applicant shall apply for an occupancy permit, as required by Chapter 200, Zoning.
No changes, including changes in use, bulk and location of structures, quantity and location of open space and density of residential uses, shall be made in the approved final plan, except upon application to the Township under the procedures set forth in this chapter. Any person, partnership or corporation who or which, being the owner or agent of any lot, tract or parcel of land, shall lay out, construct, open or dedicate any street, sanitary sewer, stormwater sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon or who sells, transfers or agrees or enters into an agreement to sell any land in a planned residential development, whether by reference to or by other use of a plan of such development, or erect any building thereon, unless and until a plan has been prepared and approved in full compliance with the provisions of this chapter, shall be subject to those penalties prescribed by Sections 515 and 616 of the Pennsylvania Municipalities Planning Code, as amended,[1] which penalties provide for the imposition of fines and other penalties.
A. 
The Township may initiate and maintain civil action:
(1) 
To obtain injunctive relief against the owner or agency who attempts the improper sale or conveyance of land;
(2) 
To set aside and invalidate any conveyances of land made prior to plan approval of any planned residential development; or
(3) 
To enforce, at law or in equity, any of the provisions of this chapter.
B. 
Nothing herein shall prevent the Township from taking such other action necessary to prevent or remedy any violation.
[1]
Editor's Note: See 53 P.S. § 10515 and 53 P.S. § 10616.
A. 
A property owners' association shall be established for the ownership and maintenance of common open space, recreation facilities and other common facilities not dedicated to the municipality.
B. 
The requirements and functions of the property owners' association shall be set forth in covenants, restrictions and grants of easements and shall comply with the following:
(1) 
The property owners' association shall be legally established before any properties are sold.
(2) 
Membership shall be mandatory for each property owner and any successive buyer.
(3) 
The common open space shall be guaranteed by restrictive covenants or easements describing the open space and its maintenance by the residents of the development.
(4) 
The association shall be responsible for all costs of the common elements, including liability insurance, local taxes and the maintenance of facilities.
(5) 
Property owners shall pay their pro rata share of the costs in the form levied by the association, which can become liens on properties.
(6) 
The association shall be able to adjust the financial responsibility of its membership to meet changing needs.
C. 
In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents of the planned residential development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said maintenance by the Township shall not constitute a taking of said common open space nor vest in the public any rights to use the same. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the planned residential development, to be held by the Council or its designated agency, at which hearing such organization or the residents of the planned residential development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Council or its designated agency shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Council or its designated agency shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, at its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Council or its designated agency shall be subject to appeal to court in the same manner and within the same time limitation as is provided for zoning appeals by the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D. 
The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the prothonotary of Centre County upon the properties affected by the lien within the planned residential development.
Provisions of this chapter may, from time to time, be amended through action of the Council in the manner provided by the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.