ATTACHMENTS
Attachment 1 - Residential Disclosure Statement
[Ord. 1989-2, 5/11/1989, § I; as amended by A.O.]
Pursuant to the Second Class Township Code, 53 P.S. § 66517, the purpose of this Part is to provide for the uniform and equitable distribution of tax levies in the Township and upon the inhabitants thereof and to promote the health, safety, morals and general welfare of the inhabitants of the Township.
[Ord. 1989-2, 5/11/1989, § II]
As used in this Part, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:
BUSINESS UNIT
A parcel of real estate, with or without improvements located thereon, utilized by any person or persons for any commercial activity or purpose.
DWELLING UNIT
One or more rooms used for living and sleeping purposes arranged for occupancy by one family or by one or more persons.
LANDLORD
A lessor, or person who acts as agent for the lessor, of any parcel of real estate located in the Township, or a lessor, or person who acts as agent for the lessor, of any improvements on real estate or any building located in the Township. The terms shall not apply to any condominium unit owners association subject to the Pennsylvania Uniform Condominium Act, Act of July 2, 1980, P.L. 286, No. 82, 68 Pa.C.S.A. § 3101 et seq.
MOVE
The movement of household goods in bulk for the purpose of changing location of domicile or residence or the actual physical change of residence from one place to another.
PERSON
Any individual, partnership, association, firm or corporation.
TENANT
A person who has the use, for a period exceeding 30 days, either by himself or with others, of a dwelling unit or a business unit which is either owned by a person other than himself or which occupies a parcel of real estate owned by a person other than himself, for a period exceeding 30 days.
[Ord. 1989-2, 5/11/1989, § III]
1. 
No person shall move or cause to be moved into the Township, out of the Township or from one place to another within the Township, without first securing from the Township Secretary (or designee) a permit for such move, in the following manner:
A. 
Application shall be made to the Township Secretary (or designee) setting forth his or her name and present address, the number of school-age children moving with the applicant, the proposed or new address, name or names of owners or reputed owners of both properties (present and proposed), the names of all persons included in the move and the social security numbers of all persons included in the move.
[Amended by Ord. 2016-5, 12/14/2016]
B. 
The Township Secretary (or designee) shall, upon application as aforesaid and payment of the fee to be designated and set from time to time by resolution of the Board of Supervisors, issue a permit setting forth the name of the applicant/permittee, all persons affected by the move and both addresses of the properties affected by the move.
[Ord. 1989-2, 5/11/1989, § IV]
1. 
Within 30 days from the effective date of this Part, each landlord shall submit to the Township Secretary (or designee) a report on a form supplied by the Township Secretary (or designee) which includes the following information:
A. 
List of all parcels of real estate owned by the landlord upon which are located dwelling units and/or business units, located within the Township limits, whether occupied or not occupied.
B. 
Address of each dwelling unit and business unit.
C. 
Brief description of each dwelling unit or business unit.
D. 
Whether or not said dwelling unit or business unit is inhabited or utilized by tenants.
E. 
Names of the tenant or tenants utilizing the aforementioned dwelling unit or business unit, if any.
[Ord. 1989-2, 5/11/1989, § V]
After the effective date of this Part, any person who becomes a landlord of any parcel of real estate or any improvement on real estate or building located in the Township by agreement of sale, by deed, or by any other means, shall, within 30 days thereafter, report to the Township Secretary (or designee) the information and data set forth in § 11-103 above, and on forms to be provided by the Township Secretary (or designed).
[Ord. 1989-2, 5/11/1989, § VI]
After the effective date of this Part, each and every landlord of property within the Township shall report to the Township Secretary (or designee) on a report form to be supplied by the Township Secretary (or designee) any change in the use or occupancy of any dwelling unit or business unit owned by such landlord, or which occupies a parcel of real estate owned by such landlord. The reported change shall include the name or names of new tenants of such dwelling unit or business unit, the date when such change was effected and the forwarding address of the old tenant or tenants, if known. A landlord of a hotel, inn, boarding house or campground shall not be required to report a person as a "tenant" until that person has resided in such landlord's establishment for a period exceeding 30 days. In the event that a dwelling unit or business unit was used or utilized by a tenant and then becomes vacant, this change shall also be reported to the Township Secretary. All reports required by this section shall be made within 10 days after a landlord has knowledge that such a unit has had a change in occupancy or has become vacant.
[Ord. 1989-2, 5/11/1989, § VII]
1. 
The Township Secretary, under the authority of this Part, shall:
A. 
Maintain on file at the Township Building the names of the landlords owning dwelling units and business units in the Township, said list to include the names of the current tenants of said dwelling units and business units.
B. 
Maintain a supply of forms for persons and landlords to use in making reports to the Township Secretary as required in §§ 11-103, 11-104, 11-105 and 11-106 of this Part.
C. 
Notify the Tax Collector for the Township including the Real Estate Tax Collector, the School Tax Collector and the Earned Income Tax, and Mercantile Tax Collector of any change in occupancy as reported pursuant to this Part.
[Amended by A.O.]
D. 
Notify the Williams Township Volunteer Fire Company Fire Chief of the address of any dwelling or business unit that is or becomes vacant, unoccupied or not in use.
[Ord. 1989-2, 5/11/1989, § VIII]
The Township Secretary (or its designee) shall annually mail to each landlord of property in the Township a copy of that landlord's most recently filed report form, together with a blank report form on which the landlord is to list any changes which may have occurred with respect to the use or occupancy of his property. Each landlord, which is not reflected on the most recently filed report is to file this updated form, listing any changes within 30 days of receipt of the report.
[Ord. 1989-2, 5/11/1989, § IX; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge 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. No. 2022-7, 10/12/2022]
The requirements of this Part shall apply to all developers, builders, owners, and owner's agents (collectively 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. No. 2022-7, 10/12/2022]
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 residents.
[Ord. No. 2022-7, 10/12/2022]
1. 
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.
2. 
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.
3. 
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 buyer. The approved plans and text narrative shall show and describe the following:
A. 
Common areas, such as parklands, streets, and open space which are part of the subdivision or adjacent to the property being sold.
B. 
All lot lines within the development.
C. 
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 and use of the lots.
D. 
Membership in a homeowners' or condominium association, if applicable. A copy of the homeowners' association or condominium agreement shall be provided at that time, with the buyer's responsibilities detailed.
E. 
All current dimensional requirements for the primary uses on each lot.
F. 
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).
G. 
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, (i.e., wetlands, floodplains, and forests).
H. 
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).
I. 
The location of stormwater drainage facilities, including detention or retention basins, the paths of stormwater runoff, and the owners' responsibilities.
J. 
The location of any slopes on the lot that meet or exceed a 3:1 maximum grade.
K. 
The type and location of sanitary sewage and water facilities, and owners' responsibilities with respect to them.
L. 
The location within the development, or within 220 yards of the perimeter of the development, of any natural gas or oil 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.
M. 
That the amount of topsoil on the lot must exceed eight inches.
N. 
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 affected areas.
O. 
The existence of any environmental hazards or issues impacting or having potential to impact the property, such as contamination from hazardous substances on the property or in the soil, or the existence of underground tanks.
4. 
Prior to any new residential property being offered or listed for sale, the seller shall submit to the Williams Township Board of Supervisors to review for approval all disclosures the seller is required to provide to the buyer. 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 required disclosure materials to the Board of Supervisors for preliminary approval, 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, affecting 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. The Township shall not issue any permits until the seller has complied with this subsection and the Board of Supervisors has approved the disclosure materials.
[Ord. No. 2022-7, 10/12/2022]
1. 
The initial retail purchasers of new residential property or a lot shall complete the following Residential Disclosure Statement prior to the signing of any agreement of sale. The seller shall provide originally signed statements to the Code Enforcement Officer within five days of execution. The seller shall maintain an original signed copy for a minimum of 10 years and provide the buyer with a copy.
2. 
The intent of this Part is for sellers to convey information regarding the nature of the property to be sold to all buyers 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.
3. 
The following format of residential Disclosure statements shall be used to comply with the provisions of this Part 2.[1]
[1]
Editor's Note: Said statements are included as an attachment to this chapter.
[Ord. No. 2022-7, 10/12/2022]
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 on which the building will be, the front and side yard shown, the currently approved grading plan for the lot, and the location of all areas of the lot where street trees, buffer yard trees and shrubs, stormwater management buffer trees and shrubs, and any other landscape plantings must be installed in accordance with the approved plan as well as any other improvements required for the lot.
[Ord. No. 2022-7, 10/12/2022]
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.