[HISTORY: Adopted by the Council of the City of Coatesville 6-24-2013 by Ord. No. 1409-2013. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Coatesville Residential Real Estate Disclosure Ordinance."
The purposes of this chapter include but are not limited to:
Providing to persons (as defined herein) who may be prospective purchasers of certain improved or unimproved residential property accurate information about any limitations, easements, restrictions, etc., on the property which they may acquire.
Describing the general nature of the residential subdivision and/or residential land development in which residential property offered for sale is located.
Providing a procedure to persons who are or may be prospective purchasers of residential property located within a residential subdivision and/or residential land development through which that prospective purchaser can acknowledge that they understand the nature and extent of limitations, easements, restrictions, etc., that are located on their property and the ramifications of their acquiring the property subject to the foregoing.
Identifying in the deed a cross reference to any relevant homeowners' association documents.
Unless otherwise expressly stated, the following words used in this chapter shall have the following meanings. The present tense includes the future tense, the singular number includes the plural number, the plural number the singular, and the masculine gender includes the feminine and neuter genders.
- AGREEMENT OF SALE
- An instrument through which legal title to residential real property will be transferred from one person to another.
- APPROVED FINAL PLAN
- A subdivision and/or land development plan prepared, reviewed, submitted and duly approved by Coatesville City Council in accordance with the requirements of the Pennsylvania Municipalities Planning Code and recorded in the office of the Recorder of Deeds of Chester County, Pennsylvania, showing the plan number thereon as given by the office of the Recorder of Deeds of Chester County.
- The City of Coatesville, Chester County, Pennsylvania.
- CITY COUNCIL
- The duly elected Council of the City of Coatesville, Chester County, Pennsylvania.
- The landowner (or any agent of the landowner) who subdivides land for a residential subdivision or residential land development or has acquired any property that is to be sold in lots and has previously been subject to a residential subdivision or residential land development as defined herein and which is being sold to a person for the initial residential use of such lot.
- The legal or beneficial owner of land including the holder of an option or contract to purchase.
- A designated parcel, tract or area of land created by an approved subdivision or land development plan (or as otherwise permitted by law) on which is to be erected a structure of any nature to be used for residential purposes.
- PENNSYLVANIA MUNICIPALITIES PLANNING CODE
- Act 247 of 1968, as amended to the effective date of this chapter, and as may be amended from time to time thereafter.
- An individual, partnership, company, corporation, association, corporate political body, joint ownership or any other entity capable of functioning in the context used in this chapter; the term "person" shall include a "landowner" and "prospective purchaser" as used in this chapter.
- RESIDENTIAL BUILDING
- Any structure having a roof, self-supported or supported by walls, columns or air pressure, which is fixed to the ground, whether permanently or otherwise, used or occupied or intended to be used or occupied for residential purposes.
- RESIDENTIAL DEVELOPMENT
- Any residential subdivisions or residential land developments, as defined in this chapter.
- RESIDENTIAL LAND DEVELOPMENT
- The improvement of one lot or two or more contiguous lots, tracts or parcels of land for the purpose of constructing a group of two or more structures to be used as residences, whether proposed initially or cumulatively, or the division or allocation of land and/or space, whether initially or cumulatively, between or among two or more existing or prospective occupants for the purpose of constructing residential buildings, residential leaseholds, residential condominiums, residential building groups, streets, common areas or other features.
- RESIDENTIAL SUBDIVISION
- The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land (including changes in existing lot lines) for the purpose - whether immediate or future - of lease, partition by the court for distribution to heirs or devises, transfer of ownership or residential building or residential lot development. The term "residential subdivision" shall include a "residential land development" as defined herein.
- Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land; all buildings or other improvements to real property are hereby declared to be structures for purposes of this chapter.
Editor's Note: See 53 P.S. § 10101 et seq.
After the effective date of this chapter, any developer selling or intending to sell a lot in any residential development, residential subdivision or residential land development, whether such lot is improved or unimproved, shall prominently display in the office or other place where property sales are or may be transacted the approved final plan for the residential development, residential subdivision or residential land development.
The approved final plan shall be plainly visible to any prospective purchaser of a residential lot, and shall include the record plan and all other accompanying sheets approved with the record plan.
The deed from the developer to the initial purchaser shall be in a form acceptable to the City Solicitor and shall contain a cross reference to any relevant homeowners' association declaration and/or bylaws with specific cross reference to any relevant book and page number where same may be recorded in the office of the Recorder of Deeds in and for Chester County, Pennsylvania.
The information listed below shall be summarized by the developer of a lot in a residential subdivision or residential land development. This information shall be accurately summarized in a written narrative, and a copy of the narrative shall be given by the developer to the prospective purchaser. The conclusory paragraph of the written narrative shall contain a statement - in capitalized, bold-faced, twelve-point typewritten print — that, if requested by the prospective purchaser, the developer shall also provide to the prospective purchaser a copy of all sheets or plats comprising the approved final subdivision or land development plan.
A description of all common areas, including but not limited to park lands, walkways, streets, open space, etc., which are part of the subdivision or which are adjacent to the lot to be sold.
All lot lines within the subdivision.
The uses (including accessory uses) permitted within the subdivision by the City's then-current zoning ordinance, and all limitations, easements, deed restrictions or other restrictions which affect development of the lots and/or their use.
Whether a homeowners' association (or any functional equivalent) exists and membership therein is required, in which event a copy of the homeowners' agreement shall be provided. As noted previously in § 184-4C, the deed should contain a cross reference to any relevant documents and the recording of same in the office of the Recorder of Deeds in and for Chester County, Pennsylvania.
All applicable dimensional requirements for the uses and structures permitted on each lot, including, by way of example but not by way of limitation, building setback requirements, building coverage limitations, impervious surface limitations, height limitations, etc.
All applicable dimensional requirements for accessory uses and structures permitted on each lot, including, by way of example and not by way of limitation, size, setback requirements, height limitations, fencing requirements, etc.
The location of all easements in the residential development and a description of the nature of the easements, including, by way of example and not by way limitation, easements for sanitary sewers, storm sewers, water lines, gas lines, underground pipes, detention basins, retention basins, swales, etc. This description shall also include a narrative of specific lots affected by the foregoing easements, and the limitations which these easements impose upon any lot.
The location of all areas within the residential development and on each lot therein which are classified as "wetlands" under the then-current definition of "wetlands" with reference to federal, Commonwealth of Pennsylvania and local requirements governing wetlands and the limitation which any such definition imposes on the lot or the development; the location of wetlands shall be highlighted by the cross-hatching of all affected areas on the approved final plan.
The location of stormwater drainage facilities, including, by way of example but not by way of limitation, detention and retention basins, stormwater runoff paths, and the prospective purchaser's responsibility therefor.
Before signing any agreement of sale, any individual person who is or may be the initial retail purchaser of an improved or unimproved lot in a residential development residential subdivision or residential land development shall complete the residential disclosure statement attached to this chapter as Exhibit A. For purposes of this subsection, the term "person" shall mean a natural person or persons who may acquire legal title to the lot through any form of tenancy, including but not limited to fee simple, tenancy by the entireties, tenancy in common, joint tenancy with right of survivorship, etc.
The developer shall give to the person who signs an agreement of sale one duplicate original of the residential disclosure statement.
Within five days after its execution by the prospective purchaser, the developer shall provide to the City Secretary one duplicate original signed residential disclosure statement, and the developer shall maintain an additional duplicate original signed residential disclosure statement for a period of not less than five years after its execution.
Any person who fails to comply with the provisions of this chapter shall be subject to proceedings before a Magisterial District Judge, and upon a determination of that person's failure to comply with the provisions of this chapter, that person shall be subject to a civil penalty not exceeding $600, together with costs, including attorneys' fees.
If any section or provision of this chapter is declared by any court of competent jurisdiction to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect the constitutionality, legality, or validity of this chapter as a whole, nor the constitutionality, legality or validity of any other section or provision of this chapter other than the one so declared to be unconstitutional, illegal, or invalid.
All existing Ordinances of the City of Coatesville or parts thereof which are inconsistent with the provisions of this chapter are hereby repealed.
This chapter shall be effective 30 days after publication following final adoption in accordance with the City Charter and the Third Class City Code.