Part 1 LANDLORD TENANT REPORTS
Part 2 RESIDENTIAL DISCLOSURE STATEMENT
[Ord. 6-5-90, 6/5/1990, § 1]
Each landlord, lessor and sublessor of property in the Township, or the agent or manager of such landlord, lessor or sublessor, shall file with the Township, on or before July 15 of each year, on a form prescribed and supplied by the Township, a list of all resident tenants or resident lessees as of July 1 of each year.
[Ord. 6-5-90, 6/5/1990, § 2]
The above form, listing resident tenants and resident lessees, shall be filed in duplicate with the Township and shall include a mailing address, as well as a physical location, for the residence of each tenant or lessee.
[Ord. 6-5-90, 6/5/1990, § 3]
The said list shall be supplemented within 15 days of the arrival of resident tenants or resident lessees not previously reported, or of the departure of resident lessees or resident tenants previously reported.
[Ord. 6-5-90, 6/5/1990, § 4; as amended by Ord. 97-4-15, 4/15/1997; and by Ord. 2004-07, 12/7/2004, § 1]
Any person firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 98-11-17-2, 11/17/1998, § 1]
The requirements of this Part shall apply to all developers, builders, owners and/or owner's agents (hereinafter referred to as the "seller"), who are selling any residential or subdivided residential property or lot for a residential building or a newly constructed home located within the boundaries of the Township (hereinafter referred to as "new residential property") to a member of the general public.
[Ord. 98-11-17-2, 11/17/1998, § 2]
These requirements are intended to inform new homebuyers about limitations, easements and restrictions on their property and the general nature of the subdivision and/or land development in which the property is located. This Part is enacted under the general police power of the Township to protect the health, safety and welfare of the Township and its citizens.
[Ord. 98-11-17-2, 11/17/1998, § 3; as amended by Ord. 2007-06, 9/27/2007; and by Ord. 2008-08, 4/24/2008]
At the time of entering into a lot or home reservation or placement of a deposit on a lot or home, even if the deposit is refundable, or 72 hours before signing a sales agreement for any new residential or subdivided residential property, or a lot for a residential building, or a newly constructed home, whichever occurs first, 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 Part.
The seller of any new residential property or of a subdivided lot for residential building or a newly constructed home 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 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.
The information listed below shall be clearly shown or noted on the approved plans and summarized in text narrative, and a full sized copy of the plans, at a scale no less than one inch equals 30 feet, and text narrative shall be given to the potential homebuyer. The approved plans and text narrative shall show and describe the following:
Common areas, such as parklands, streets, and open space which are part of the subdivision or adjacent to the lot and/or building being sold.
All lot lines within the development.
All uses permitted within the development by the Township's current Zoning Ordinance [Chapter 27], including accessory uses and all limitations, easements, deed restrictions and other restrictions which affect the development of the lots and use thereof.
Membership in a homeowners' association, if applicable. A copy of the homeowners' association or condominium agreement shall be provided at that time, with the homebuyer's responsibilities detailed.
All current dimensional requirements for the primary uses on each lot, such as setback requirements, building coverage, impervious coverage and height limits.
All current dimensional requirements for the accessory uses permitted on each lot, such as size, setback requirements and height limits.
The location of all easements through the development, describing the uses of the easements, including any underground pipe (i.e., sanitary, water, gasoline), showing which lots are affected by these easements and the limitation imposed on the lot, and copies of the applicable sections of the Zoning Ordinance [Chapter 27].
The location of all areas within the development and on each lot which are classified as natural resources and provided protection or restricted from being disturbed by Chapter 27 of this Code, including but not limited to wetlands, floodplains, riparian buffers, wetland margins, steep slopes and forests. Location of natural resources shall be highlighted by crosshatching all of the affected areas and identifying the type of natural resource on the plan; copies of the applicable parts and sections of Chapter 27 of this Code shall be attached.
[Amended by Ord. 2010-03, 5/18/2010]
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 they impose on the lot and copies of the applicable sections of the Zoning Ordinance [Chapter 27].
The location of stormwater drainage facilities, including detention/retention basis, the paths of stormwater runoff and the owners' responsibilities.
The location of any slopes on the lot that meet or exceed a 3:1 maximum grade.
The type and location of sanitary sewage and water facilities, and owners' responsibilities with respect to them.
The location within the development, or within 220 yards of the perimeter of the development, of any natural gas transmission lines, together with the owner's name, address and the telephone number and any limitations on the use of land within the development as a result of the existence of the transmission lines.
That the amount of topsoil on the lot must exceed eight inches.
[Amended by Ord. 2010-03, 5/18/2010]
The location of all areas within the development and on each lot which are classified as buffer yards and required to be maintained by the owner or restricted from being disturbed by Chapter 27 of this Code or by the conditions of approval of the subdivision, including but not limited to plantings, trees and fences. Location of buffer yards, plantings, trees and fences shall be highlighted to identify all of the affected areas, and a description of the type of the buffer yard, tree, planting or fence on the plan, copies of the applicable parts and sections of Chapter 27 of this Code and/or the applicable conditions of final subdivision approval shall be attached.
[Added by Ord. 2010-03, 5/18/2010]
All of the disclosure materials that a seller is required by this Part to provide to a buyer shall, prior to any new residential property being offered or listed for sale, be submitted to the Plumstead Township Board of Supervisors for review, comments and approval. If the new residential property is created by an approved subdivision or land development plan, a condition of final approval will be the submission of all of the disclosure materials required by this Part to the Board of Supervisors for approval of the disclosure materials prior to final approval by the Board of Supervisors of the subdivision or land development plan. If, between preliminary approval and final approval, the proposed plans change, which affects the disclosure materials already approved by the Board of Supervisors, the disclosure materials must be resubmitted for approval to the Board of Supervisors prior to final subdivision or land development approval. In all other situations, the disclosure materials to be submitted for the review and approval by the Board of Supervisors shall be submitted by the seller prior to the issuance of any permits by the Township. No permits shall be issued by the Township until the seller has complied with this subsection and the Board of Supervisors has approved the disclosure materials.
[Ord. 98-11-17-2, 11/17/1998, § 4; as amended by Ord. 2007-06, 9/27/2007]
The initial retail purchasers of new residential property or a newly constructed residence or an improved or unimproved lot shall complete the following residential disclosure statement prior to the signing of any agreement of sale. The seller will be obligated to provide originally signed statements to the Code Enforcement Officer within five days of execution. The seller shall maintain an originally signed copy for a period of not less than 10 years and provide the purchaser with same.
It is the intent of this Part that information regarding the nature of the property to be sold be conveyed to all purchasers of new residential property for occupancy. Any attempt to bypass the intent of this Part 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 Part and shall not exempt the seller from complying with its terms when the property is sold on a retail basis.
The following format of residential disclosure statements shall be used to comply with the provisions of this Part 2:
[Amended by Ord. 2010-03, 5/18/2010]
[Ord. 98-11-17-2, 11/17/1998, § 5]
Sellers of 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 yard shown and the currently approved grading plan for the lot.
[Ord. 98-11-17-2, 11/17/1998, § 6; as amended by Ord. 2004-07, 12/7/2004, § 1]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and shall pay the Township's attorney's fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.