[HISTORY: Adopted by the Board of Supervisors of the Township of
Lower Makefield: Art. I, 6-10-1985 as Ord. No.
190. Amendments noted where applicable.]
[Adopted 6-10-1985 as Ord. No. 190]
A.Â
The Township of Lower Makefield adopts the findings made by the General Assembly of Pennsylvania when it found that in municipalities throughout the commonwealth that many owners of property have used properties in violation of Chapter 175, Zoning and other regulations of such municipalities and were offering such properties for sale without revealing such illegal use or violation of other township regulations, the existence of said violations not being made known to the respective purchaser until after the execution of the agreements of sale and perhaps consummation of the purchase.
B.Â
The Township of Lower Makefield further finds that developers
of large subdivisions have frequently failed to advise buyers of homes in
those subdivisions about the existence of public improvements, including but
not limited to roads, sidewalks, landscaping, detention/retention basins,
storm and sanitary sewage systems bikepaths, recreation areas, etc., which
are part of the subdivision approval and which may effect the property being
purchased by the buyer from the owner or developer of the subdivision.
C.Â
In order to prevent the hardships and losses which occurred
as a result of the findings made by the General Assembly of Pennsylvania and
the Township of Lower Makefield, all sellers, developers or their agents of
property wherein the property is part of a major subdivision shall be required
to advise the purchaser of the legal use of such property, whether or not
the property is subject to any other restriction such as floodplain or floodplain
soils, construction setback requirements, easements and the like and whether
or not the real property is subject to any restrictions or obligations by
virtue of public improvements to be constructed as part of the development
for which this lot was a part and to deliver to purchaser not later than at
settlement held for such purpose, a statement showing the use and zoning classification
for such property, whether the property is subject to any other restrictions
or conditions imposed by the State of Pennsylvania such as Act 222 related
to energy conservation and if the subdivision of which the lot is a part contains
any public improvements that are to be constructed in the development for
which the property would be effected.
As used in this Article, the following terms shall have the meanings
indicated:
Any agreement or written instrument which provides that title to
any property shall thereafter be transferred from one (1) owner to another
owner and shall include, inter alia, written leases which contain options
to purchase the leased property and leases which provide that the lessee of
the property shall acquire title thereto after the payment of a stipulated
number of regular rent payments or after a stipulated period of time.
Any person, copartnership, association, corporation or fiduciary
having such interest in real property so as to be able to enter into agreements
of sale for the purchase of real property or for the construction of any improvements
to said real property. Whenever used in any clause, prescribing or imposing
a penalty, the term "developer" as applied to copartnerships and associations
shall mean the partners or members thereof, and as applied to corporations
the officers thereof. "Developer" shall also be construed to include the agents
acting on behalf of the owner.
Any person, copartnership, association, corporation or fiduciary
having legal or equitable title, or any interest in any real property. Whenever
used in any clause prescribing or imposing a penalty, the term "owner" as
applied to copartnerships and associations shall mean the partners, or members
thereof, and as applied to corporations the officers thereof. "Owner" shall
also be construed to include the agents acting on behalf of the owner.
Any building or structure or real estate situate in the Township
of Lower Makefield.
A.Â
It shall be unlawful for any owner, developer and/or
their agent to sell their property or any interest therein, unless the owner,
developer or their agent shall first deliver to the purchaser at or prior
to the time of settlement a certification of the zoning classification and
the legality of the proposed use of the property to be used, setting forth
any restrictions imposed upon the property by any regulations or ordinances
of Lower Makefield Township or the State of Pennsylvania related to such matters
as floodplain soils, floodplains, conservation easements, utility and other
public easements, construction setback requirements, State Act 222 related
to energy conservation; and further provided that the agreement of sale shall
further state in its contents that the owner, developer or agent has delivered
to purchaser, prior to the execution of the agreement of sale a copy of the
subdivision plan of lots for which the lot to be sold is a part showing in
detail the public improvements to be constructed as part of the subdivision.
The requirement related to the copy of the subdivision plan being tendered
and all other requirements as set forth in this section shall be applicable
to all owners of property wherein the conveyance of property shall be the
first conveyance following the subdivision approval of a major subdivision
or where the conveyance is made a part of the construction of a home or other
building on the lot but it shall not be required in the event of resale by
the purchaser of the property for residential purposes.
B.Â
In addition to the other requirements imposed pursuant
to this section, it shall be an obligation of any owner, developer and/or
their agent, that prior to executing an agreement of sale with any prospective
purchaser, that said agreement of sale shall contain therein a statement advising
the prospective purchaser that no new home may be occupied in Lower Makefield
Township without first obtaining a certificate of occupancy issued by the
township, which said certificate of occupancy must be secured by the builder
and/or developer. If the certificate of occupancy issued by the township is
a temporary certificate of occupancy the notice shall further state that the
conditions of the certificate of occupancy must be met by the developer and/or
builder and a copy of the certificate of occupancy must be provided to the
purchaser at the settlement. The certification required by this section shall
include a specific reference that the agreement of sale has contained the
necessary notice to a prospective purchaser.
[Added 12-3-1990 by Ord. No. 254]
Any owner, developer and/or his/her agent who violates the provisions of § 161-3 of this Article shall be sentenced to pay a fine of not more than one thousand dollars ($1,000.), plus court costs, including reasonable attorney fees. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure.
The Township Manager or his authorized representative is hereby authorized
to prepare such forms and rules and regulations as may be required to implement
the provisions of this Article.
