[HISTORY: Adopted by the Board of Supervisors
of the Township of Hilltown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-26-1998 by Ord. No. 98-9]
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
lot within an approved residential subdivision or a lot with a seller-constructed
residential dwelling unit within an approved residential subdivision
located within the boundaries of Hilltown Township (hereinafter referred
to as “new residential property”) to a member of the general
public.
These requirements are intended to inform home
buyers about limitations, easements, restrictions on their property
and the general nature of the subdivision and/or land development
in which the property is located.
A.
Before signing a sales agreement for any new residential
property, 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 article.
B.
The seller of any new residential property 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. 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 clearly shown
or noted on the approved plans and 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 park lands, streets, and open
space which are part of the subdivision or adjacent to the lot and/or
building being sold.
(2)
All lot lines within the development.
(4)
Membership in a homeowners’ association, if
applicable. A copy of the homeowners’ association or condominium
agreement shall be provided at that time.
(5)
All current dimensional requirements for the primary
uses on each lot, such as setback requirements, building coverage,
impervious coverage, and height limits.
(6)
All current dimensional requirements for the accessory
uses permitted on each lot, such as size, setback requirements, and
height limits.
(7)
The location of all easements through the development, describing the uses of the easements, the ownership of the easements, and including any underground piping (i.e., sanitary sewer, stormwater, domestic water, gas, electric, telephone, cable or any other utility); showing which lots are affected by these easements and the limitations it imposes on the lot, and copies of the applicable sections of Chapter 160, Zoning.
(8)
The location of all areas within the development and on each lot which are classified as wetlands, under the currently used definition, with a reference to federal, state and local requirements which govern wetlands and the limitation it imposes on the lot and development. Location of wetlands shall be highlighted by crosshatching all affected areas on the plan and copies of the applicable sections of Chapter 160, Zoning, shall be attached.
(9)
The location within the development and on each lot of floodplain areas, as defined by the Township’s ordinances, the requirements which govern floodplains and the limitations it imposes on the lot and copies of the applicable sections of Chapter 160, Zoning.
(10)
The location of stormwater drainage facilities,
including detention/retention basins, the paths of stormwater runoff,
and the homeowner’s responsibility.
(11)
The existing zoning of land which abuts the
development, and a description of permitted uses and dimensional requirements
for each contiguous zoning district.
(12)
The date of the Zoning Ordinance and Subdivision
and Land Development Ordinance the particular plan is being developed
under shall be provided to prospective purchaser. If the plan is developed
by stipulation, such copy, including all amendments, shall also be
included in its entirety.
(13)
The existence, location and maintenance responsibilities
of any on-site private wells, on-site sanitary sewage facilities or
systems; and information regarding potential future mandatory connection
to public water systems and public sewage systems in Hilltown Township.
A.
The initial retail purchasers of new residential property
shall complete the following statement prior to the signing of any
agreement of sale. The seller will be obligated to provide originally
signed statements to the Hilltown Township Code Enforcement Officer
within 30 days of execution and prior to issuance of a certificate
of occupancy. The seller shall provide the purchaser with a copy thereof;
and the seller shall further maintain an originally signed copy for
a period of not less than five years.
B.
It is the intent of this article that information
regarding the nature of the property to be sold be conveyed to the
consumer purchasing the property for residential purposes. Any attempt
to bypass the intent of the article 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 article and shall not exempt the
seller from complying with its terms when the property is sold on
a retail basis.
[1]
Editor’s Note: The Residential Disclosure Statement is included as an attachment to this chapter.
The developer of new residential property in
a residential subdivision in which the developer and seller is building
and selling newly constructed residences shall additionally present
to a prospective purchaser, before the agreement of sale is executed
for the new residential property, an individual plan of the property
involved, showing the street upon which the residence will front,
the building envelope with front, rear and side yards shown; and the
approved grading plan and first floor elevation certification for
the property.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
