[Ord. 96-02-01, 2/12/1996, § 1]
For purposes of establishing accurate information and reference
to the ownership of real property in the Township of New Britain,
a real estate registry is hereby established to show the situation,
dimensions and location of each property in the Township and the name
and address of the owner or owners thereof. Such real estate registry
shall be prepared and afterwards maintained by the Township Manager
under the direction and supervision of the Board of Supervisors.
[Ord. 96-02-01, 2/12/1996, § 2; as amended by Ord.
2008-12-01, 12/8/2008, Art. I]
1.
The Township Manager, immediately upon the adoption of this Part,
shall prepare an initial real estate registry for the Township using
the information contained in the 1995 real estate tax duplicate provided
by the County of Bucks.
2.
From and after the adoption of this Part, each and every subsequent
grantee, devisee, subsequent purchaser or other person acquiring title
to real property who has registered a deed at the Bucks County Recorder
of Deeds Office shall, within two business days after recording the
deed or conveyance, deliver or send a copy of the deed or conveyance
as submitted for recording by registered or certified mail, return
receipt requested, to the Township.
[Ord. 96-02-01, 2/12/1996, § 3; as amended by Ord.
2008-12-01, 12/8/2008, Art. II]
[Ord. 96-02-01, 2/12/1996, § 4; as amended by Ord.
2007-02-01, 2/12/2007]
Any person, partnership, firm or corporation who shall neglect
or refuse to comply with any of the provisions of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$25 nor more than $600 plus costs. 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. 2014-11-07, 11/17/2014]
The requirements of this Part shall apply to all developers,
builders, owners, and/or owner's agents (hereinafter referred
to as the "seller") who are selling residential property or lot(s)
for residential building (improved or unimproved) or a newly constructed
home located within the boundaries of New Britain Township (hereinafter
referred to as "new residential property") to a prospective buyer.
[Ord. 2014-11-07, 11/17/2014]
These requirements are intended to inform prospective homebuyers
about limitations, easements, and restrictions on the property the
buyers are purchasing 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 New Britain Township to protect
the health, safety and welfare of the Township and its citizens.
[Ord. 2014-11-07, 11/17/2014]
1.
Not less than 72 hours before signing a sales agreement for any new
residential property, the prospective buyer shall sign a disclosure
statement that verifies that the seller has provided and explained
all the information that is required by this Part.
2.
The seller of any new residential property 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 the plans are plainly visible to all prospective buyers of
the new residential property. 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 narrative text, and a copy of the
plans and narrative text shall be given to the potential home buyer.
The approved plans and narrative text shall show and describe the
following:
A.
Common areas, such as park lands, streets, and open space that are
part of the subdivision or adjacent to the lot and/or building being
sold.
B.
All lot lines within the development.
C.
All uses permitted within the development by New Britain 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 declaration, bylaws,
regulations, and other documentation shall be provided at that time,
with the homebuyer's responsibilities detailed.
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 throughout the lot/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 imposed on the lot by these easements, and copies
of the applicable sections of the Zoning Ordinance shall be attached.
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 limitations imposed on the lot and development by
any wetlands. The location of wetlands shall be highlighted by crosshatching
all affected areas on the plan, and copies of the applicable sections
of the Zoning Ordinance 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 they impose on the lot,
and copies of the applicable sections of the Zoning Ordinance.
J.
The location of stormwater drainage facilities, including detention/retention
basins, the paths of stormwater runoff, and the owners' responsibilities.
K.
The location of any slopes on the lot that meet or exceed a 3:1 maximum
grade.
L.
The type and location of sanitary sewage and water facilities and
owners' responsibilities with respect to them.
M.
The location within the development, or within 220 yards of the perimeter
of the development, of any natural gas 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.
N.
That the amount of topsoil on the lot must exceed six inches.
O.
Any constraints which would affect the residential lot with respect
to emergency vehicle accessibility, including fire lanes, emergency
accessways, fire hydrants and restricted parking areas to the lot
or development.
P.
Planned public amenities or special improvements (i.e., trash enclosures,
community mailboxes, community parking facilities, etc.).
4.
The seller of any new residential property shall notify and inform,
both verbally and in writing, all prospective buyers of the new residential
property of any and all known biological, chemical, radioactive, and/or
environmental contamination currently or previously located in, on,
above, or under the property and/or the development. Contamination
is the presence of any substance, material, element, compound, biological
entity, or other waste/pollutant in a quantity, ratio, density, or
amount that exceeds the safe levels for human exposure established
by the federal government or the Commonwealth of Pennsylvania. Such
notification of contamination shall include, at a minimum, a description
of the contaminate(s); a plan showing where the contamination is or
was located upon the property and development; the levels of contamination;
a description of the corrective or remedial actions taken to correct,
remove, or resolve the contamination or a statement that no corrective
or remedial actions have been undertaken; the health risks posed by
the contamination; and governmental investigations, reports, and other
documentation concerning the contamination and any corrective/remedial
actions taken in response to this contamination.
[Ord. 2014-11-07, 11/17/2014]
1.
The initial retail buyers of new residential property shall complete
the Residential Disclosure Statement attached hereto and incorporated
herein as Exhibit A,[1] 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 another originally signed copy
prior to closing.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
2.
It is the intent of this Part that information regarding the nature
of the property to be sold be conveyed 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.
[Ord. 2014-11-07, 11/17/2014]
Sellers of newly constructed residences shall present to a prospective
buyer, 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, the building envelope with rear, front and
side yards shown, and the currently approved grading plan for the
lot.
[Ord. 2014-11-07, 11/17/2014]
Any person who violates or permits the violation of this Part
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a fine not exceeding $1,000, plus all
court costs, including reasonable attorneys' fees, for each offense
incurred by the Township in enforcing this Part. Each day that a violation
of this Part continues shall constitute a separate violation.
