1. Form of Ownership. 
Fee simple or condominium form of ownership may be utilized, however regardless of the form of ownership, the applicant shall establish a community organization which shall be funded in such a manner as to be financially responsible for the operation, maintenance and upkeep of the age qualified community and the improvements and common amenities forming a part thereof.
2. Declaration of Age Qualification. 
In addition to the requirements of subsection 1, above, prior to the recording of the land development plan, the applicant shall record a declaration against the property being developed, in a form acceptable to the Borough Solicitor, binding the property and owners to the minimum age qualification and such other regulations as may be established by the applicant. Such qualifications and regulations shall be in accordance with all applicable federal and state laws and the regulations promulgated thereunder. The recorded declaration shall relieve the Borough from any obligation to enforce the qualifications and regulations set forth therein, and shall place the primary obligation of enforcement on the residents/owners and/or governing association, if any, of the development.
3. Pedestrian Circulation System.

A. Upon the written request of an applicant and following a review and recommendation by the Planning Commission, Borough Council may, in its sole discretion, modify or waive the requirements of this Part as they relate to the pedestrian circulation system. Borough Council may place reasonable conditions upon the grant of any modifications or waivers hereunder.
See § 27-10064 for more information on pedestrian circulation system.

A. The applicant shall cause to be performed at its sole cost and expense a traffic impact study. This study shall be made in accordance with all applicable industry and professional standards and certified by a professional traffic engineer. The study shall, at a minimum, detail traffic flow within the land development and/or subdivision, identify points of ingress and egress, detail the effects of the land development/subdivision upon local traffic movements, identify appropriate, mitigating measures and address any other specific or unique, traffic issues which may be created by the proposed development/subdivision. The study shall be submitted to the Borough for review and approval, and all recommendations contained in the approved traffic impact study shall be implemented by the developer in accordance with this Part and other applicable laws, rules, regulations, ordinances and standards. All improvements recommended by the approved traffic impact study shall be constructed in conjunction with the land development and/or subdivision. All on site improvements shall be the responsibility of the developer.
See § 27-10065 for more information on vehicular circulation system.

A. Upon the written request of an applicant and following a review and recommendation by the Planning Commission, Borough Council may, in its sole discretion, modify or waive the requirements of this Part as they relate to open space. Borough Council may place reasonable conditions upon the grant of any modifications or waivers hereunder.
See§ 27-10067 for more information on open space.

A. Upon the written request of an applicant and following a review and recommendation by the Planning Commission, Borough Council may, in its sole discretion, modify or waive the requirements of this Part as they relate to recreational use areas. Borough Council may place reasonable conditions upon the grant of any modifications or waivers hereunder.
See § 27-10068 for more information on recreational use areas.

A. Nothing contained herein shall relieve the applicant of its obligation to provide land suitable for park or recreation purposes (or statutory alternatives thereto) pursuant to § 503 of the Municipalities Planning Code, as amended, and § 22-511: Contribution for Recreation Purposes of Chapter 22: Subdivision and Land Development as may be amended from time to time. Such compliance shall be in addition to, and not in lieu of, compliance with the open space and common recreation area requirements of this Part.

A. The applicant shall include on the record plan for the development and within the governing association documents) or management corporation document(s) a depiction of all open space and common recreation areas necessary to satisfy the requirements of this Ordinance. In addition, the developer shall include on the record plan and within the governing association documents) or management corporation document(s) a statement that no buildings, structures or other impervious surfaces (other than pedestrian pathways and nature trails) shall be permitted to be built in the required open space.

A. Unless otherwise stated in this Part, the Borough, in its sole discretion, shall determine whether it is in the Borough's interest to accept all or a portion of any infrastructure within the age qualified community, including, but not limited to, streets, utilities, recreational areas, and community facilities; and all such amenities shall be constructed, owned, and operated by a financially responsible governing association or management corporation.
B. Ownership, maintenance, and use provisions associated with all infrastructure and common amenities and facilities within the age qualified community shall be identified within a governing association document(s) or management corporation document(s). The document(s) shall be submitted to the municipality for review and approval prior to final plan approval by the Borough.
See § 27-100611 for more information on other requirements.