This article shall apply to the record owner
(the "seller") of a vacant subdivided residential lot or a newly constructed
home within the Township ("new residential property") who is selling
such new residential property to a member(s) of the general public
(the "buyer"). This article is not intended to duplicate any information
required to be included in disclosures made under the Pennsylvania
Uniform Planned Community Act, the Pennsylvania Uniform Condominium
Act and/or the Pennsylvania Real Estate seller Disclosure Act. To
the extent there is any conflict between this article or any provisions
hereof and any of the foregoing Acts, or any other state or any federal
law, the foregoing Acts or any other state law or any federal law,
shall take precedence.
The requirements of this article are imposed
with an intention to inform the buyer of important information pertaining
to the new residential property that the buyer should consider obtaining
and to inform the buyer as to where to obtain such information, including
but not limited to the general nature of the subdivision and/or land
development project in which the new residential property is located
(the "project") and limitations, easements and restrictions relating
to the new residential property. The notices and/or disclosures required
under this section are not intended to constitute an exhaustive recitation
of items which may be of importance in any particular transaction
involving new residential property, but instead are intended to alert
buyers as to potential issues of importance.
The buyer shall review and sign the notice/disclosure
statement prior to the signing of an agreement of sale for new residential
property. The seller will be obligated to provide a copy of the signed
disclosure statement to the Code Enforcement officer prior to the
issuance of a certificate of occupancy or use and occupancy certificate
for the new residential property, unless the new residential property
is first occupied by seller or a party to whom seller leases the new
residential property, in which event the issuance of a certificate
of occupancy shall not be conditioned upon receipt of a signed disclosure
statement. The disclosure statement required to be provided to buyers
hereunder shall be in substantially the following form.
Should a seller be found guilty of violating
this article in a summary proceeding before a Magisterial District
Judge in accordance with law, a fine of not more than $1,000 for each
offense may be levied against the seller. Each new residential property
transaction in which the provisions hereof are violated shall be considered
a separate offense. Notwithstanding the foregoing, the Township may
seek enforcement of this article by means of a request for injunctive
relief or such other equitable remedies in a court of competent jurisdiction
as may be provided by law.