[Ord. 181, 11/17/1998, § 1]
The requirements of this Part shall apply to all developers,
owners and/or owner's agents (hereinafter referred to as the
"seller") who are selling a new residential or subdivided residential
lot or a lot for a residential building located within the boundaries
of East Rockhill Township (hereinafter referred to as "new residential
property") to a member of the general public.
[Ord. 181, 11/17/1998, § 2]
These requirements are intended to inform home buyers about
limitations, easements and restrictions on their property, the general
nature of the subdivision and/or land development in which the property
is located.
[Ord. 181, 11/17/1998, § 3]
1. Before signing a sales agreement for any new residential or subdivided
residential property, or lot for residential building, the sellers
shall provide and the buyers shall sign a disclosure statement in
the form attached as Exhibit "A," that verifies that the seller has
provided, shown and explained all of the information that is required
by this Part.
2. The seller of any new residential property or of a subdivided lot
for residential building 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.
3. The information listed below shall be clearly shown or noted on the
approved plans and summarized in the 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:
A. Common areas, such as park lands, streets and open space which are
part of the subdivision or adjacent to the land and/or building being
sold.
B. All lot lines within the development.
C. All uses permitted within the development by East Rockhill 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.
D. Membership in a homeowners association, if applicable. A copy of
the homeowners association or condominium agreement shall be provided
at that time.
E. All current dimensional requirements for the primary uses on each
lot, such as setback requirements, building coverage, impervious coverage
and height limits.
F. All current dimensional requirements for the accessory uses permitted
on each lot, such as size, setback requirements and height limits.
G. The location of all easements through the development, describing the uses of the easements, including any underground pipe (i.e., sanitary water, gas lines), showing which lots are affected by these easements, and the limitations it imposes on the lot and copies of the applicable sections of the Zoning Ordinance [Chapter
27].
H. The location of all areas within the development and on each lot which are classified as wetlands, under the currently used definition, with a reference to Federal, State and local requirements which govern wetlands and the limitation it imposes on the lot and development. Location of wetlands shall be highlighted by crosshatching all affected areas on the plan and copies of the applicable sections of the Zoning Ordinance [Chapter
27] shall be attached.
I. 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 it imposes on the lot and copies of the applicable sections of the Zoning Ordinance [Chapter
27].
J. The location of stormwater drainage facilities including detention/retention
basins, the paths of stormwater runoff and the homeowners responsibility.
K. The existing zoning of land which abuts the development, and a description
of permitted uses and dimensional requirements for each contiguous
zoning district.
L. The date of the Zoning Ordinance [Chapter
27] and this Part the particular plan is being developed under shall be provided to the prospective purchaser. If the plan is developed by stipulation, such copy, including all amendments, shall also be included in its entirety.
[Ord. 181, 11/17/1998, § 4]
1. The initial retail purchasers of newly constructed residences, improved
or unimproved lots shall complete the following 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.
2. It is the intent of this Part that information regarding the nature
of the property to be sold by conveyed to the consumer purchasing
the property for residential purposes. 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.
[Ord. 181, 11/17/1998, § 5]
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 yard shown and the currently approved grading plan for the
lot.
[Ord. 181, 11/17/1998, § 8; as amended by Ord.
192, 4/18/2000]
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.