[Adopted 11-2-2000 by Ord. No. 450]
The requirements of this article shall apply
to all developers, owners and/or owner's agents (hereinafter referred
to as the "seller") who are selling a vacant subdivided residential
lot or a newly constructed home (hereinafter referred to as "new residential
property") to a member of the general public.
The provisions of this article are intended
to ensure that home buyers are informed about limitations, easements
and restrictions on their property, the general nature of the subdivision
and/or land development in which the property is located and potential
development on abutting properties.
A.
Before signing a sales agreement for any newly constructed
residential or subdivided residential property or lot for residential
building, 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 article.
B.
The seller of any newly constructed residential real
property or of a subdivided lot for residential building shall prominently
display the approved subdivision and/or land development plans in
the office or other place where property sales are transacted, so
that they are plainly visible to all potential buyers of the newly
constructed 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.
C.
The information listed below shall be shown or noted
on the approved plans or summarized in text narrative, and a copy
of the plans and text narrative shall be given to the potential home
buyer. The approved plans and text narrative shall show and describe
the following:
(1)
Common areas, such as parklands, streets and open
space which are part of the subdivision or adjacent to the lot building
sold.
(2)
All lot lines within the development.
(3)
All uses permitted within the development by Chapter 143, Zoning, including accessory uses, and all limitations, easements and deed restrictions and other restrictions which affect the development of the lots and use thereof.
(4)
Membership in a homeowners' association, if required.
A copy of the homeowners' association or condominium agreement shall
be provided at that time.
(5)
All dimensional requirements for the primary uses
on each lot, such as setback requirements, building coverage, impervious
coverage and height limits.
(6)
All dimensional requirements for the accessory uses
permitted on each lot, such as size, setback requirements and height.
(7)
The location of all easements through the development,
describing the terms of the easements and showing which lots are affected
by these easements.
(8)
The location of all areas within the development and
on each lot which are classified as wetlands, under the currently
used definition, and a reference to Township Code requirements which
govern wetlands.
(9)
The location within the development and on each lot of floodplain area, as defined by Chapter 143, Zoning, and a reference to Township Code requirements which govern floodplains.
(10)
The location of stormwater drainage facilities,
the paths of stormwater runoff and a reference to Township Code requirements
which govern stormwater facilities.
(11)
Any constraints which would affect emergency
vehicles' accessibility to the development.
(12)
The zoning of land which abuts the development,
and a description of permitted uses and dimensional requirements for
each zoning district.
(13)
The proposed land use of the development and
abutting properties as shown in Lower Providence Township's most recent
Comprehensive Plan.
(14)
Proposed new road rights-of-way shown in the
Official Map of Lower Providence Township, if any exists.
(15)
Polluted and/or hazardous sites within 500 feet
of the property.
All purchasers of newly constructed residences
and subsequent purchasers shall complete the following statement,
which shall be presented to the Code Enforcement Officer, before the
Code Enforcement Officer issues an occupancy permit for the newly
constructed dwelling or, if the sale is of an unimproved lot, to the
Code Enforcement Officer before a building permit is issued.
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Please initial next to each of the following
to verify that information about each was presented and explained
with regard to your property:
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(1)
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Common areas, such as parklands, streets and
open space.
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(2)
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All lot lines within the development.
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(3)
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All uses permitted within the development by Lower
Providence Township's Zoning Ordinance, including accessory
uses, and all deed restrictions which affect development
of the lots.
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(4)
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Membership in a homeowners' association, if
required. A copy of the homeowners' association or condominium agreement
shall be provided.
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(5)
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All dimensional requirements for the primary uses
on each lot, such as setback requirements, building coverage, impervious
coverage and height limits.
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(6)
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All dimensional requirements for the accessory
uses permitted on each lot, such as size, setback requirements and
height.
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(7)
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The location of all easements through the development,
describing the terms of the easements and showing which lots are affected
by these easements.
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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 wetlands, under the currently
used definition, and a reference to Township Code requirements which
govern wetlands.
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(9)
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The location within the development and on each
lot of floodplain area, as defined by the Township's Zoning Ordinance,
and a reference to Township Code requirements which govern floodplains.
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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 Code
requirements which govern stormwater facilities.
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(11)
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Any constraints which would affect emergency
vehicles' accessibility to the development.
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(12)
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The zoning of land which abuts the development,
and a description of permitted uses and dimensional requirements for
each zoning district.
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(13)
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The proposed land use of the development and
abutting properties as shown in Lower Providence Township's most recent
Comprehensive Plan.
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(14)
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Proposed new road rights-of-way shown in the
Official Map of Lower Providence Township, if any exits.
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I/we, the undersigned, acknowledge that I/we
have received a copy of the subdivision and/or land development plan
and related text narrative of my/our property from the seller and
understand and agree to the constraints imposed therein with regard
to my/our property. I/we also understand that signing this disclosure
statement does not release me/us from meeting requirements of any
of the Codes of the Township of Lower Providence.
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Purchaser
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Owner/Authorized Agent
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Purchaser
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Date
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Date
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The developers of a subdivision wherein the
developer is building and selling 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 yards shown.
