[Ord. 6-5-90, 6/5/1990, § 1]
Each landlord, lessor and sublessor of property in the Township,
or the agent or manager of such landlord, lessor or sublessor, shall
file with the Township, on or before July 15 of each year, on a form
prescribed and supplied by the Township, a list of all resident tenants
or resident lessees as of July 1 of each year.
[Ord. 6-5-90, 6/5/1990, § 2]
The above form, listing resident tenants and resident lessees,
shall be filed in duplicate with the Township and shall include a
mailing address as well as a physical location for the residence of
each tenant or lessee.
[Ord. 6-5-90, 6/5/1990, § 3]
The said list shall be supplemented within 15 days of the arrival
of resident tenants or resident lessees not previously reported, or
of the departure of resident lessees or resident tenants previously
reported.
[Ord. 6-5-90, 6/5/1990, § 4; as amended by Ord. 97-4-15, 4/15/1997; and by Ord.
2004-07, 12/7/2004, § 1]
Any person firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 98-11-17-2, 11/17/1998, § 1]
The requirements of this Part shall apply to all developers,
builders, owners and/or owner's agents (hereinafter referred to as
the "seller") who are selling any residential or subdivided residential
property or lot for a residential building or a newly constructed
home located within the boundaries of the Township (hereinafter referred
to as "new residential property") to a member of the general public.
[Ord. 98-11-17-2, 11/17/1998, § 2]
This Part is intended to inform new homebuyers about limitations,
easements and restrictions on their property and the general nature
of the subdivision and/or land development in which the property is
located. This Part is enacted under the general police power of the
Township to protect the health, safety and welfare of the Township
and its citizens.
[Ord. 98-11-17-2, 11/17/1998, § 3; as amended by Ord. 2007-06, 9/27/2007; and by Ord.
2008-08, 4/24/2008]
1.
At the time of entering into a lot or home reservation or placement
of a deposit on a lot or home, even if the deposit is refundable,
or 72 hours before signing a sales agreement for any new residential
or subdivided residential property, or a lot for a residential building,
or a newly constructed home, whichever occurs first, the buyers shall
sign a disclosure statement that verifies that the seller has provided,
shown and explained all of the information that is required by this
Part.
2.
The seller of any new residential property or of a subdivided lot
for residential building or a newly constructed home shall prominently
display the approved subdivision and/or land development plans for
all phases in the office or other place where property sales are transacted
so that they are plainly visible to all potential buyers of the new
residential property or lot. The approved subdivision and/or land
development plan shall include the record plan and all other accompanying
plans approved with the record plan.
3.
The information listed below shall be clearly shown or noted on the
approved plans and summarized in text narrative and a full sized copy
of the plans at a scale no less than one inch equals 30 feet and text
narrative shall be given to the potential homebuyer. The approved
plans and text narrative shall show and describe the following:
A.
Common areas, such as parklands, streets, and open space which are
part of the subdivision or adjacent to the lot and/or building being
sold.
B.
All lot lines within the development.
C.
All uses permitted within the development by the Chapter 27, Zoning, of the current Township Code, including accessory uses and all limitations, easements, deed restrictions and other restrictions which affect the development of the lots and use thereof.
D.
Membership in a homeowners' association, if applicable. A copy of
the homeowners' association or condominium agreement shall be provided
at that time, with the homebuyer's responsibilities detailed.
E.
All current dimensional requirements for the primary uses on each
lot, such as setback requirements, building coverage, impervious coverage
and height limits.
F.
All current dimensional requirements for the accessory uses permitted
on each lot, such as size, setback requirements and height limits.
G.
The location of all easements through the development, describing the uses of the easements, including any underground pipe (i.e., sanitary, water, gasoline), showing which lots are affected by these easements and the limitation imposed on the lot, and copies of the applicable sections of Chapter 27, Zoning.
H.
The location of all areas within the development and on each lot which are classified as natural resources and provided protection or restricted from being disturbed by Chapter 27, Zoning, of this Code, including but not limited to wetlands, floodplains, riparian buffers, wetland margins, steep slopes and forests. Location of natural resources shall be highlighted by crosshatching all of the affected areas and identifying the type of natural resource on the plan; copies of the applicable parts and sections of Chapter 27 of this Code shall be attached.
[Amended by Ord. 2010-03, 5/18/2010]
I.
The location within the development and on each lot of floodplain areas, as defined by the Township Code , the requirements which govern floodplains and the limitations they impose on the lot and copies of the applicable sections of Chapter 27, Zoning.
J.
The location of stormwater drainage facilities, including detention/retention
basis, the paths of stormwater runoff and the owners' responsibilities.
K.
The location of any slopes on the lot that meet or exceed a 3:1 maximum
grade.
L.
The type and location of sanitary sewage and water facilities, and
owners' responsibilities with respect to them.
M.
The location within the development, or within 220 yards of the perimeter
of the development, of any natural gas transmission lines, together
with the owner's name, address and the telephone number and any limitations
on the use of land within the development as a result of the existence
of the transmission lines.
N.
That the amount of topsoil on the lot must exceed eight inches.
[Amended by Ord. 2010-03, 5/18/2010]
O.
The location of all areas within the development and on each lot which are classified as bufferyards and required to be maintained by the owner or restricted from being disturbed by Chapter 27, Zoning, of the Township Code, or by the conditions of approval of the subdivision, including but not limited to plantings, trees and fences. Location of bufferyards, plantings, trees and fences shall be highlighted to identify all of the affected areas, and a description of the type of the bufferyard, tree, planting or fence on the plan, copies of the applicable parts and sections of Chapter 27, Zoning, of the Township Code, and/or the applicable conditions of final subdivision approval shall be attached.
[Added by Ord. 2010-03, 5/18/2010]
P.
The location of all areas within the development and on each lot
where street trees, bufferyard trees and shrubs, stormwater management
buffer trees and shrubs and any other landscape plantings that must
be installed in accordance with the approved plan both on the lots
and commonly owned areas as well as any other improvements required
to be installed on the lots or commonly owned areas.
[Added by Ord. No. 2019-12, 12/10/2019]
4.
All of the disclosure materials that a seller is required by this
Part to provide to a buyer shall, prior to any new residential property
being offered or listed for sale, be submitted to the Plumstead Township
Board of Supervisors for review, comments and approval. If the new
residential property is created by an approved subdivision or land
development plan, a condition of final approval will be the submission
of all of the disclosure materials required by this Part to the Board
of Supervisors for approval of the disclosure materials prior to final
approval by the Board of Supervisors of the subdivision or land development
plan. If, between preliminary approval and final approval, the proposed
plans change, which affects the disclosure materials already approved
by the Board of Supervisors, the disclosure materials must be resubmitted
for approval to the Board of Supervisors prior to final subdivision
or land development approval. In all other situations, the disclosure
materials to be submitted for the review and approval by the Board
of Supervisors shall be submitted by the seller prior to the issuance
of any permits by the Township. No permits shall be issued by the
Township until the seller has complied with this subsection and the
Board of Supervisors has approved the disclosure materials.
[Ord. 98-11-17-2, 11/17/1998, § 4; as amended by Ord. 2007-06, 9/27/2007]
1.
The initial retail purchasers of new residential property or a newly
constructed residence or an improved or unimproved lot shall complete
the following residential disclosure statement prior to the signing
of any agreement of sale. The seller will be obligated to provide
originally signed statements to the Code Enforcement Officer within
five days of execution. The seller shall maintain an originally signed
copy for a period of not less than 10 years and provide the purchaser
with same.
2.
It is the intent of this Part that information regarding the nature
of the property to be sold be conveyed to all purchasers of new residential
property for occupancy. Any attempt to bypass the intent of this Part
by transfer of title to a party or entity who does not intend to make
such use of the property will be considered a violation of this Part
and shall not exempt the seller from complying with its terms when
the property is sold on a retail basis.
3.
The following format of residential disclosure statements shall be
used to comply with the provisions of this Part 2:
[Amended by Ord. 2010-03, 5/18/2010; and by Ord. No. 2019-12, 12/10/2019]
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THIS DOCUMENT IS FOR YOUR PROTECTION.
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READ IT CAREFULLY BEFORE SIGNING.
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The Plumstead Township Code requires that the sellers of residential
property or newly constructed homes are solely responsible to provide
the purchasers with certain specific information regarding the property
to be sold prior to the signing of any agreement of sale. This information
is intended to benefit the purchaser by clearly delineating the nature
of the property in question, inclusive of any restrictions or conditions
that may affect its desirability, suitability, and/or current or future
value.
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The checklist below is required by the Township to make certain
that your seller has shown you the information required by the Township
Code. It is your obligation to evaluate the information and to consider
its implications relative to your situation. The importance of understanding
the material presented to you cannot be overstressed.
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If you have any questions, you would be well advised to seek
the assistance of an unbiased professional before signing any sales
agreement.
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Please initial next to each of the following to verify that
information about each of the following was presented and explained
fully with regard to your property:
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_____
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(1)
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Public or private common areas, such as parklands, streets,
stub streets and open space.
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_____
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(2)
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All lot lines within the development.
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_____
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(3)
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Current zoning district in which property is located; all uses presently permitted within the development by the Chapter 27, Zoning, including accessory uses and all deed restrictions and other restrictions that affect the development of the lots.
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_____
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(4)
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Membership in a homeowners' association, if applicable. A copy
of the homeowners' association or condominium agreement has been provided,
and all homeowners' responsibilities have been detailed.
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_____
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(5)
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All current dimensional requirements for the primary uses on
each lot, such as setback requirements, building coverage, impervious
coverage and height limits.
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_____
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(6)
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All current dimensional requirements for the accessory uses
such as decks, pools, sheds (etc.), permitted on each lot, such as
size, setback requirements and height limit.
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_____
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(7)
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The location of all easements through the development, describing
the uses of the easements (i.e., sanitary, gas, waterlines), showing
which lots are affected by these easements. A copy of the applicable
section of the Township's ordinances was provided.
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_____
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(8)
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The location of all areas within the development and on each lot which are classified as natural resources and provided protection or restricted from being disturbed by Chapter 27, Zoning, of the Township Code, including but not limited to wetlands, floodplains, riparian buffers, wetland margins, steep slopes, and forests. Location of natural resources shall be highlighted by crosshatching all of the affected areas and identifying the type of natural resource on the plan; copies of the applicable parts and sections of Chapter 27, Zoning, of the Township Code shall be attached.
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_____
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(9)
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The location within the development and on each lot of floodplain
areas, as defined by the Township's ordinances, and a reference to
requirements which govern floodplains. A copy of the applicable sections
of the Township's ordinances was provided.
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_____
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(10)
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The location of stormwater drainage facilities and the paths
of stormwater runoff and a reference to Township requirements which
govern stormwater facilities and the homeowner's responsibility. A
copy of the applicable sections of the Township's ordinances was provided.
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_____
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(11)
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The type and location of sanitary sewage and water facility.
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_____
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(12)
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The location within the development, or within 220 yards of
the development, of any natural gas transmission lines, together with
the owner's name, address and telephone number and any limitations
on the use of land within the development as a result of the existence
of the transmission lines.
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_____
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(13)
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The zoning of land which abuts the development and a description
of permitted uses and dimensional requirements for each contiguous
zoning district.
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_____
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(14)
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The date of the zoning ordinance and the subdivision and land
development ordinance the particular plan is being developed under
shall be provided to the prospective purchaser. If the plan is developed
by stipulation, a copy, including all amendments of the stipulation,
shall be included in its entirety.
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_____
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(15)
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I/we understand that substantial use restrictions apply to resource
protected areas and the Township open space, whether Township-owned
or deed-restricted in favor of the Township, and these restrictions
can be enforced by the appropriate local, state and federal agencies.
I/we understand that substantial penalties exist for the violations
of those restrictions.
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_____
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(16)
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I/we are aware that the existing zoning regulations within the
Township are subject to change.
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_____
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(17)
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I/we are aware of the type of water or sewage facilities that
serve my/our lot and my/our responsibilities with respect to them.
I/we are aware that auxiliary water pressure pumps and/or sewage grinder
pumps may be necessary to provide adequate water and sewer to the
dwelling.
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_____
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(18)
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I/we have been made aware of any slopes on the lot that meet
or exceed a 3:1 maximum grade.
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_____
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(19)
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I/we are aware that Plumstead Township requires a minimum of
eight inches of topsoil on each lot.
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_____
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(20)
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The location of all areas within the development on each lot which are classified as bufferyards and required to be maintained by the owner or restricted from being disturbed by Chapter 27, Zoning, of the Township Code, or by the conditions of approval of the subdivision, including but not limited to plantings, trees and fences. Location of bufferyards, plantings, trees and fences shall be highlighted to identify all of the affected areas, and a description of the type of the bufferyard, tree, planting or fence on the plan, copies of the applicable parts and sections of Chapter 27, Zoning, of the Township Code, and/or the applicable conditions of final subdivision approval shall be attached.
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_____
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(21)
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The location of all areas within the development and on each
lot where street trees, bufferyard trees and shrubs, stormwater management
buffer trees and shrubs and any other landscape plantings that must
be installed in accordance with the approved plan both on the lots
and commonly owned areas as well as any other improvements required
to be installed on the lots or commonly owned areas.
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The development in which the property is located is:
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_____
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More than 220 yards from either side of the right-of-way for
the gas transmission line owned by Texas Eastern or by any other similar
line.
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Yards from the right-of-way for the gas transmission line owned
by Texas Eastern or any other entity.
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I/we have received the name, address and telephone number of
the gas transmission line.
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I/we, the undersigned, acknowledge that I/we have received a
full size (1 inch = 30 feet scale) copy of the cover sheet detailing
the scope of the subdivision and/or land development plan of which
the considered property is a part as well as a separate lot plan of
my/our property from the seller and understand and agree to the constraints
imposed therein with the regard to my/our property. I/we also understand
that signing this disclosure statement does not release me/us from
meeting the requirements of the Township of Plumstead.
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I/we have received a copy of this disclosure statement, and
I/we further acknowledge that we have reviewed and signed this disclosure
statement 72 hours prior to signing an agreement of sale.
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I/we acknowledge that the approval of the disclosure materials
by Plumstead Township does not impart liability upon the Township
for errors in the disclosure materials or a lack of sufficient disclosure.
I/we understand as purchaser(s), I/we are responsible to independently
investigate any and all of the disclosure and material aspects of
the property I/we intend to purchase before I/we sign an agreement
of sale.
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Owner/Authorized Agent:
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Date:
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[Ord. 98-11-17-2, 11/17/1998, § 5; as amended by Ord. No. 2019-12, 12/10/2019]
Sellers of newly constructed residences shall present to a prospective
purchaser, before the agreement of sale for such property is signed,
an individual plan of the lot involved, showing the street upon which
the building will front and the building envelope with rear, front
and side yard shown, the currently approved grading plan for the lot
and the location of all areas of the lot where street trees, bufferyard
trees and shrubs, stormwater management buffer trees and shrubs and
any other landscape plantings must be installed in accordance with
the approved plan as well as any other improvements required to be
installed on the lot.
[Ord. 98-11-17-2, 11/17/1998, § 6; as amended by Ord. 2004-07, 12/7/2004, § 1]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and shall pay the Township's attorneys' fees and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
