[Added 7-18-1994 by Ord. No. 94-34]
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.
These requirements 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 clearly 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 park lands, 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 230, 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 homeowner's association, if required. A copy of the homeowner's 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 230, 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 Montgomery Township's most recent Comprehensive Plan.
(14) 
Proposed new road rights-of-way shown in the Official Map of Montgomery Township, if any exists.
All purchasers of newly constructed residences 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.
  Please initial next to each of the following to verify that information about each was presented and explained with regard to your property:
____
(1)
Common areas, such as park lands, streets and open space.
____
(2)
All lot lines within the development.
____
(3)
All uses permitted within the development by Montgomery Township's Zoning Ordinance, including accessory uses, and all deed restrictions which affect development of the lots.
____
(4)
Membership in a homeowner's association, if required. A copy of the homeowner's association or condominium agreement shall be provided.
____
(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 the Township's Zoning Ordinance, and a reference to Township Code requirements which govern floodplains.
____
(10)
The location of stormwater drainage facilities, and 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 Montgomery Township's most recent Comprehensive Plan.
____
(14)
Proposed new road rights-of-way shown in the Official Map of Montgomery Township, if any exists.
  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 Montgomery.
_________________________ _________________________
Purchaser                              Owner/Authorized Agent
__________________________________
Purchaser
________________________     _________________________
Date                                   Date
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.