[HISTORY: Adopted by the Board of Commissioners of the Township of Robinson as indicated in article histories. Amendments noted where applicable.]
Article I Certificate Required for Property Transfer
[Adopted 3-14-1988 by Ord. No. 4-1988 (Ch. 11, Part 2, of the 1989 Code)]
The intent of this article is to prevent the owners of properties in the Township of Robinson from transferring any interest therein without first obtaining a zoning certificate which will provide a transferee with the zoning district classification for the subject property.
As used in this article, the following terms shall have the meanings indicated:
- Any person, copartnership, association, corporation or fiduciary who for monetary consideration aids in the sale or exchange of property as defined herein. Whenever used in any clause prescribing or imposing a penalty, the term "agent," as applied to copartnerships and associations, shall mean the partners or members thereof and, as applied to corporations, the officers thereof. Liability shall be limited to failure to notify the owner of the obligations imposed by this article.
- AGREEMENT OF SALE
- Any written agreement or written instrument which provides that title to any property shall thereafter be transferred from one 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 jurisdictional area or zone as set forth in the Zoning Ordinance of the Township of Robinson.
- Any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property. Wherever 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.
- Any lot, parcel, building or structure or any interest therein which totally or partially falls within the boundaries of the Township of Robinson.
Prior to entering into an agreement of sale or exchange of any property, or prior to the transfer of property when no agreement of sale is utilized, the owner shall obtain from the Zoning Officer the certificate set forth in § 208-4 hereof. However, subject to the following provisions:
Where such properties are sold at a foreclosure sale or pursuant to the Real Estate Tax Sale Act of 1947, P.L. 1368, as amended, or other judicial sale pursuant to federal or state statutes, the certificate set forth in § 208-4 shall not be required.
Editor's Note: See 72 P.S. § 5860.101 et seq.
The certificate shall be valid for a period not to exceed six months from date of issue.
[Amended 8-14-1989 by Ord. No. 16-1989]
Upon application of the owner and the payment to the Township of Robinson of a fee established by resolution of the Board of Commissioners, the Zoning Officer or his designee shall then conduct a review of the zoning of the subject property.
Upon completion of the review, the Zoning Officer shall execute and deliver a certificate to the owner which shall contain the following information:
The certificate shall be valid for a period of six months from date of issue;
The street address or appropriate description of subject property;
The transferee's name and address and the transferor's name and address; and
A statement of the district classification applicable to the property in question.
Notwithstanding any other law or ordinance, the provisions of this article may not be waived or disclaimed by any oral or written agreement made by any owner or purchaser.
In the Township of Robinson, it shall be unlawful for any owner to sell his property or any interest therein unless the owner shall first deliver to the purchaser or transferee at or prior to the execution of any agreement of sale, or prior to the transfer of title should no agreement of sale be utilized, the certification described in § 208-4.
The zoning certificate shall be compiled from the records of the Township of Robinson. Neither the enactment of this article nor the preparation and delivery of any certificate required hereunder shall impose any liability upon the Township of Robinson for any errors or omissions contained in such certificate, nor shall the Township of Robinson bear any liability not otherwise imposed by law.
Appeals from the findings set forth in the certificate must be filed in writing with the Zoning Officer of the Township of Robinson within three days after the issuance of said certificate; the Commissioners of the Township of Robinson will refer the appeal to the appropriate board of appeals.
[Amended 8-14-1989 by Ord. No. 16-1989]
Any owner or agent who violates the provisions of §§ 208-5 or 208-6 of this article shall be guilty of an offense and, upon conviction thereof, shall be sentenced to pay a fine of not more than $600 and costs or, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days.
No sale or exchange of property (as defined in § 208-2 of this article) shall be invalidated solely because of the failure of any person to comply with any provisions of this article, unless such failure is an act or omission which would be valid grounds for cancellation of such sale or exchange in the absence of this article.