This chapter shall be known and may be cited
as the "Home Buyer's Protection Code of the Township of Marlboro."
[Amended 2-25-1988 by Ord. No. 9-88]
This chapter shall be administered, regulated
and enforced by the Division of Consumer Protection of the Department
of Community Relations. The Municipal Engineer shall be responsible
for the administration and enforcement of the provisions of this chapter.
[Amended 5-9-2002 by Ord. No. 2002-14]
A. As used in this chapter, the following terms shall
have the meanings indicated:
SALES MAP
The map of sufficient accuracy to be used by the owner for
the purpose of sale of the lots within the subdivision.
B. Other terms used in this chapter shall be as set forth in Chapter
220, Land Use and Development.
[Amended 2-25-1988 by Ord. No. 9-88]
A. Certification form.
(1) At or before the execution of the contract of sale
for any lot within a subdivision, the seller shall obtain, on a form
approved by the Municipal Engineer, a certification from the purchaser
that:
(a)
The sales map was on display and available for
inspection on any occasion of his visit to the sales office.
(b)
He/she had a reasonable opportunity to study
and review the sales map.
[Amended 5-9-2002 by Ord. No. 2002-14]
(c)
The owner or seller did not refuse or decline
to answer any question directed to him pertaining to the sales map.
(d)
He/she has read and understood the lot coverage
disclosures indicated on the sales map.
[Added 5-9-2002 by Ord. No. 2002-14]
(2) The certification form shall include the definition of "lot coverage" and "impervious lot coverage" as set forth in §
76-3 of this chapter.
[Added 5-9-2002 by Ord. No. 2002-14]
B. At or before the closing of title, the owner or seller of any lot within a subdivision shall obtain on a form approved by the Municipal Engineer, a certification from the purchaser that the owner or seller disclosed the as-built percentage of lot coverage, including impervious lot coverage, for the subject lot, and the maximum percentage of lot coverage, including impervious lot coverage permissible for each lot in the respective zoning district. The certification form shall include the definition of "lot coverage" and "impervious lot coverage" as set forth in §
200-3 of this chapter.
[Added 5-9-2002 by Ord. No. 2002-14]
C. The seller shall file the certificate mentioned in Subsections
A and
B above with the Municipal Engineer within 20 days of the closing of title.
[Amended 5-9-2002 by Ord. No. 2002-14]
All the requirements set forth in this chapter
with regard to the sale of lots shall apply with equal force and effect
to lands which have been previously subdivided pursuant to all, and
from and after the effective date of this chapter, all owners of subdivided
land shall comply forthwith.
[Amended 12-10-1981 by Ord. No. 47-81]
A. If any person engages in the sale of lots within a subdivision without first displaying the sales map as required herein, the owner of the subdivision shall be subject to a fine as provided in Subsection
B per day for each day that said sales map is not displayed as required herein, and each day shall be deemed a separate violation of this chapter.
B. The owner of a subdivision who shall fail to file the certification of compliance as required herein shall, upon conviction, be subject to the penalties as provided in §
4-3 of the Code.
C. In addition to the foregoing, if the owner or his
agents continuously, for a period of five days or more, fail and refuse
to comply with the requirements of this chapter, the municipality
may institute and maintain action for injunctive relief to prohibit
the continued sale of lots within the subdivision until compliance
with this chapter is complete.