[HISTORY: Adopted by the Township Committee
of the Township of Hanover 4-23-1987 by Ord. No. 6-87; amended in its entirety 9-24-1998 by Ord. No.
24-98. Subsequent amendments noted where applicable.]
A.
Every seller of a residential unit within the Township of Hanover, other than persons who inhabit the residence being sold, shall be required, prior to the execution of a contract of sale, to present to the prospective purchaser pertinent information related to the residence and/or the subdivision of which it is a part. The prospective purchaser shall be required to acknowledge the receipt of the information as set forth under § 115-2.
B.
Sellers of newly constructed residential real estate
shall provide prospective purchasers a list and Township map disclosing
the existence and location of off-site conditions which may affect
the value of the residential real estate being sold. This information
shall include but may not be limited to the following:
(1)
A reasonable estimate of the taxes on the residents
for the year of the sale.
(2)
The location of all public utilities, whether above
or below ground level, within the subdivision (e.g., gas, electric,
cable).
(3)
The location of all flood hazard areas and floodplain
areas and wetlands within the area.
(4)
The location of Morristown Municipal Airport in relationship
to the residential development in question.
(5)
The location of Interstate Route 287 and New Jersey
State Highway Routes 10 and 24 in relationship to the residential
development.
(6)
The location of any proposed interstate or state highway.
(7)
Rights-of-way for public or private use, including
the location of any underground natural gas pipelines.
(8)
The location of any state, county or municipal public
facilities such as sewerage treatment plants and public works buildings.
(9)
The location of any motels, hotels, commercial, industrial,
warehousing or research laboratory facilities within one-half mile
of the residential development in question.
C.
Under certain circumstances, the New Jersey Legislature has and may
continue to restrict the availability of certain documents. Specifically,
N.J.A.C. 5:36-3.4 provides that certain documentation may be available
for “inspection only” in the Township Clerk’s office.
Wherever the laws of the State of New Jersey provide that such information
may not be reproduced and provided to prospective purchasers, it should
prevail over the reproduction requirement of this section.
[Added 1-26-2006 by Ord. No. 3-06]
A.
Upon a form provided by the Business Administrator/Township Clerk, a prospective purchaser shall acknowledge receipt of the information listed in § 115-1 above, including a map of the Township which depicts the location of pertinent facilities relevant to the sellers residential development. The referenced map shall be supplied by the Township to each seller for distribution to prospective purchasers. With the exception of existing public facilities and/or rights-of-way which shall be delineated on the map by the Township, the seller shall be solely responsible for the inclusion of all other pertinent information as listed under § 115-1.
B.
The acknowledgment forms of prospective purchasers
shall be retained by the seller in perpetuity and shall be available
for public inspection or for inspection by the Business Administrator/Township
Clerk and/or his designee. Pursuant to N.J.A.C. 5:36, Appendix A,
the prospective purchasers shall execute the form entitled "Listing
of Off-Site Conditions" and file the same with the Municipal Clerk
of the Township in accordance with N.J.S.A. 46:3C-2. Copies of the
form shall be available in the office of the Business Administrator/Township
Clerk.
[Amended 1-26-2006 by Ord. No. 3-06]
C.
Following the execution of all contracts of sale,
the seller shall sign a Township of Hanover certification verifying
and confirming that the information and Township maps have been distributed
to each prospective purchaser. The certification shall be filed in
the office of the Business Administrator/Township Clerk and the Construction
Code Official.
In each real estate sales office or model home
used for the sale of real estate for residential units, a Township
Map shall be prepared and prominently displayed, depicting the information
described in § 115-1A(1) through (9). A Township map shall
be provided to each purchaser.
The Construction Code Official of the Township of Hanover shall not issue a certificate of occupancy for any residential dwelling unit unless the Construction Code Official has received a copy of the certification which confirms the fact that the information and Township map described under § 115-1 have been received by the prospective purchaser prior to his/her execution of a purchase contract between the purchaser and the seller.
Violations of this chapter shall be punishable, upon conviction, by a fine not to exceed $1,000 or imprisonment for a period not to exceed 90 days, or both. Each contract which is entered into for a sale of a residential unit without compliance of §§ 115-1, 115-2 and/or 115-3 shall be deemed a separate violation as will the submission of any willfully false information.
