(a) General rule.--Plats
and plans are a part of the declaration. Separate plats and plans are not
required by this subpart if all the information required by this section
is contained in either a plat or plan. Each plat and plan must be clear
and legible. The plats and plans must contain, on the first page of the
plats and plans, a certification that all of the plats and plans contain
all information required by this section.
(b) Contents of
plat.--Each plat must show all of the following:
(1) The name, location
and dimensions of the planned community.
(2) The location
and dimensions of all existing improvements.
(3) The intended
location and dimensions of any contemplated improvement to be constructed
anywhere within the planned community labeled with "MUST BE BUILT"
or "NEED NOT BE BUILT." Contemplated improvements within the boundaries
of convertible real estate need not be shown, but, if contemplated improvements
within the boundaries of convertible real estate are shown, they must be
labeled "MUST BE BUILT" or "NEED NOT BE BUILT."
(4) The location
and dimensions of any convertible real estate, labeled as such.
(5) The location
and dimensions of any withdrawable real estate, labeled as such.
(6) The location
and dimensions of any additional real estate, labeled as such.
(7) The extent of
any encroachments by or upon any portion of the planned community.
(8) To the extent
feasible, the location and dimensions of all easements serving or burdening
any portion of the planned community.
(9) The location
and dimensions of any vertical unit boundaries not shown or projected on
plans recorded under subsection (c) and that unit's identifying number.
(10) The location
with reference to an established datum of any horizontal unit boundaries
not shown or projected on plans recorded under subsection (c) and that unit's
identifying number.
(11) The location
and dimensions of any real estate in which the unit owners will own only
an estate for years, labeled as "leasehold real estate."
(12) The distance
between noncontiguous parcels of real estate comprising the planned community.
(13) The location
and dimensions of limited common elements, including porches, balconies
and patios, other than parking spaces and the other limited common elements
described in section 5202 (relating to unit boundaries) not shown on plans
referred to in subsection (c).
(14) All other matters
customarily shown on land surveys.
(c) Contents of
plans.--To the extent not shown or projected on the plats, plans of every
building that contains or comprises all or part of any unit and is located
or must be built within a portion of the planned community, other than within
the boundaries of any convertible real estate, must show all of the following:
(1) The location
and dimensions of the vertical boundaries of each unit, to the extent those
boundaries lie within or coincide with the boundaries of the building in
which the unit is located, and that unit's identifying number.
(2) Any horizontal
unit boundaries, with reference to an established datum not shown on plats
recorded under subsection (b), and that unit's identifying number.
(3) Any units that
may be converted by the declarant to create additional units or common elements
under section 5215 (relating to subdivision or conversion of units), identified
appropriately.
(4) The location
and dimensions of limited common elements, including porches, balconies
and patios, other than parking spaces and other limited common elements
described in sections 5202 and 5209 (relating to limited common elements)
not shown on plats recorded under subsection (b).
(d) Horizontal
boundaries of unit partly outside building.--Unless the declaration provides
otherwise, the horizontal boundaries of part of a unit located outside of
a building have the same elevation as the horizontal boundaries of the inside
part and need not be depicted on the plats and plans.
(e) Converting
or adding real estate.--Upon converting convertible real estate or adding
additional real estate taking action under section 5211 (relating to conversion
and expansion of flexible planned communities), the declarant shall record
new plats for that real estate conforming to the requirements of subsection
(b) and new plans for any buildings on that real estate conforming to the
requirements of subsection (c). If less than all of any convertible real
estate is being converted, the new plats must also show the location and
dimensions of any remaining portion.
(f) Converting
units.--If a declarant converts any unit into two or more units or limited
common elements or both under section 5215, the declarant shall record new
plats and plans showing the location and dimensions of any new units and
limited common elements thus created, as well as the location and dimension
of any portion of that space not being converted.
(g) Alternative
recording.--Instead of recording new plats and plans as required by subsections
(e) and (f), the declarant may record new certifications of plats and plans
previously recorded if those plats and plans show all improvements required
by subsections (e) and (f).
(h) Who may make
certifications.--Any certification of a plat or plan required by this section
must be made by an independent registered surveyor, architect or professional
engineer.
(i) Land development
plans.--Final plans filed with and approved by a municipality in connection
with any land development approvals may serve as plats and plans required
under this section if:
(1) all of the contents
required under subsections (b) and (c) are contained either in such final
plans or in the declaration by specific reference to such plans;
(2) such final plans
have been recorded; and
(3) a certification
in accordance with subsection (a) is recorded and the certification specifies
the recording information for final plans.
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