[HISTORY: Adopted by the Borough Council
of the Borough of Pennsburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-7-2004 by Ord. No. 4-04[1]]
[1]
Editor's Note: This article was originally
adopted as Ch. 17 and renumbered to reflect the organization of this
codification.
This article shall apply to the record owner
(the "seller") of a vacant subdivided residential lot or a newly constructed
home within the Borough ("new residential property") who is selling
such new residential property to a member(s) of the general public
(the "buyer"). This article is not intended to duplicate any information
required to be included in disclosures made under the Pennsylvania
Uniform Planned Community Act, the Pennsylvania Uniform Condominium
Act and/or the Pennsylvania Real Estate Seller Disclosure Act. To
the extent there is any conflict between this article or any provisions
hereof and any of the foregoing Acts, or any other state or any federal
law, the foregoing Acts or any other state law or any federal law,
shall take precedence.
The requirements of this article are imposed
with an intention to inform the buyer of important information pertaining
to the new residential property that the buyer should consider obtaining
and to inform the buyer as to where to obtain such information, including
but not limited to the general nature of the subdivision and/or land
development project in which the new residential property is located
(the "project") and limitations, easements and restrictions relating
to the new residential property. The notices and/or disclosures required
under this article are not intended to constitute an exhaustive recitation
of items which may be of importance in any particular transaction
involving new residential property, but instead are intended to alert
buyers as to potential issues of importance.
A.
Before signing a sales agreement for any new residential
property, the seller shall provide a notice/disclosure statement to
the buyer which conforms with the requirements of this article (the
"disclosure statement") and shall obtain from the buyer a signed disclosure
statement that verifies that the seller has provided the information
that is required by this article.
B.
The seller of any new residential property shall display
the final, municipally approved record subdivision or land development
plan for the project (the "plan") in the location where property sales
are transacted by the seller or shall otherwise make the plan available
for review by the buyer(s). A copy of the plan must also be made available
for purchase by buyer(s) at no greater than the cost to seller to
duplicate the plan or, alternatively, may be provided by seller to
the buyer(s) at no cost to the buyer(s). The seller shall also make
the full set of the approved plans for the project available for review
by the buyer. Anything herein to the contrary notwithstanding, in
the event an agreement of sale is entered into before final approval
for the project has been received from the Borough, the seller shall
only be obligated under this subsection to 1) make the latest version
of the full set of plans for the project available for review by the
buyer prior to the execution of the agreement of sale; 2) inform the
buyer that the buyer should review the final plans before completing
settlement; and 3) make the plan and the full set of final, approved
plans available for the buyer's review and make the plan available
for the buyer's purchase after the plans have been approved by the
Borough.
C.
Seller shall provide the buyer with the condominium
or homeowner's association documents (including declaration, plats
and plans and bylaws) or, in the event the project is not subject
to either the Pennsylvania Uniform Planned Community Act or the Pennsylvania
Uniform Condominium Act, the declaration of restrictions or similar
document applicable to the project, if any. The foregoing documents
shall be provided to the buyer before an agreement of sale for new
residential property is fully executed.
D.
The seller shall provide the buyer with a list of
all utility easements and other easements executed or to be executed
by seller in connection with the project which will ultimately be
but have not yet been recorded, if any. The foregoing list shall be
provided to the buyer before an agreement of sale for new residential
property is fully executed.
E.
The seller shall provide the buyer with a list of
any permits and/or approvals which are required to develop the project
and the new residential property as shown on the plan and shall inform
the buyer that the buyer can contact the applicable permitting or
approving agencies to determine the status of such permits or approvals.
The foregoing list shall be provided to the buyer before an agreement
of sale for the new residential property is fully executed.
F.
In addition to the above items, the seller shall provide
the following information to a buyer prior to the execution of an
agreement of sale for new residential property by both the buyer and
the seller:
(1)
The seller shall inform the buyer that the plan and/or
the full set of approved subdivision/land development plans for the
project should be reviewed by the buyer for purposes of identifying,
among other things:
(a)
Common areas, such as parklands, streets, open
space, bike paths, walking trails (for pedestrians as well as for
animals) and recreational facilities which are part of the project
and which may be near or adjacent to the new residential property
that the buyer is purchasing (the "new residential property");
(b)
The lot lines or other boundaries of the new
residential property the buyer is purchasing and of lots or units
adjacent thereto and any applicable dimensional requirements relating
to such lots or units, including setback requirements and building
coverage, impervious coverage and height limitations.
(c)
Stormwater management facilities and drainage
areas, including detention/retention basins and easements;
(d)
Sanitary sewer facilities and easements;
(e)
Utility easement areas;
(f)
The zoning classification of the new residential
property at the time the subdivision/land development of which the
new residential property is a part was approved by the Borough.
(g)
The existence of any environmentally sensitive
areas on the new residential property being purchased or with the
project, including steep slopes, wetlands and floodplains, and the
fact that governmental laws, rules, regulations and ordinances may
limit the use and development of these areas;
(h)
Restrictions on the project imposed by the Borough;
and
(i)
The existence and location of on-site water
and/or on-site sanitary sewage facilities or systems.
(2)
The seller shall inform the buyer that the buyer should
review the current Zoning Map and Zoning Ordinance of the Borough
to determine the zoning classification of the property within the
project as well as of properties surrounding the project for the purpose
of determining permitted principal and accessory uses and any applicable
dimensional requirements, such as building size, setback requirements,
building and impervious coverage limitations, and height limitations.
The seller shall further inform the buyer that the current Zoning,
Subdivision and Land Development Ordinances of the Borough are available
for review and purchase at the Borough office, and that such Ordinances
are subject to change.
(3)
The seller shall inform the buyer that the buyer should
review approved and proposed (filed) subdivision and land development
plans and the zoning classification of properties surrounding the
project for the purpose of identifying conditions and permitted principal
uses and permitted accessory uses on surrounding properties which
may impact the project generally or the new residential property specifically.
The seller shall further inform the buyer that such approved plans
are available for review at the Borough office and that the recorded
portions of such plans are available at the Montgomery County Recorder
of Deeds office. The seller shall further inform the buyer that such
zoning information is available in the current Borough Zoning Code
and Zoning Map, and that the current Zoning, Subdivision and Land
Development Ordinances and Zoning Map of the Borough are available
for review and purchase at the Borough office, and that such ordinances
are subject to change.
(4)
The seller shall inform the buyer that the buyer should
obtain a title report for the new residential property from a reputable
title insurer and obtain copies of all plans, documents, easements
and restrictions listed therein to determine what easements, restrictions
or other limitations affect, may affect or may be imposed on the new
residential property.
(5)
The seller shall inform the buyer that the buyer should
review any declarations, deed restrictions, homeowners' association
documents or other documents relating to the new residential property
for the purpose of determining, among other things, what obligations
the buyer shall have after purchasing the new residential property
with respect to maintenance, repair and replacement of the new residential
property, any common areas or any other areas; a description of the
real estate the buyer will be purchasing; obligations or potential
obligations of the buyer with respect to any homeowners association
and common areas; the ownership of common areas; what future development
can take place within the project; and restrictions on the use of
the property within the project.
(6)
If applicable, the seller shall inform the buyer that
local authorities may require connection to public water and/or sewer
systems in the future and that tapping/connecting fees may be imposed.
(7)
The seller shall inform the buyer of the existence,
location and record owner of any natural gas or petroleum transmission
line located within 100 yards of the new residential property being
purchased by the buyer.
(8)
The seller shall inform the buyer that the buyer should
consider contacting the Borough to determine the status of dedication
of any roads, common areas, sewer facilities or other areas in the
project.
(9)
The seller shall inform the buyer that the buyer should
consider retaining the services of an attorney, real estate professional,
professional surveyor, professional engineer and/or other professional
to assist the buyer in obtaining and evaluating information relevant
to buyer's new residential property purchase.
The buyer shall review and sign the notice/disclosure
statement prior to the signing of an agreement of sale for new residential
property. The seller will be obligated to provide a copy of the signed
disclosure statement to the Code Enforcement Officer prior to the
issuance of a certificate of occupancy or use and occupancy certificate
for the new residential property, unless the new residential property
is first occupied by seller or a party to whom seller leases the new
residential property, in which event the issuance of a certificate
of occupancy shall not be conditioned upon receipt of a signed disclosure
statement. The disclosure statement required to be provided to buyers
hereunder shall be in substantially the following form:
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NOTICE TO PURCHASERS
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THIS DOCUMENT IS FOR YOUR PROTECTION,
READ IT CAREFULLY AND CONSIDER OBTAINING INDEPENDENT PROFESSIONAL
ADVICE BEFORE SIGNING ANY AGREEMENT OF SALE
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Pennsburg Borough Ordinance No. 4-04 requires
that the seller of any "new residential property" provide the buyer
with a notice/disclosure statement regarding the property to be sold
prior to the signing of any agreement of sale for the property. This
information is intended to benefit the buyer. The checklist below
is required by Pennsburg Borough (the "Borough") to make certain that
you can make an informed decision about purchasing a home. It is your
obligation to evaluate the information and to consider its implications
relative to your situation.
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If you have any questions, you are advised that
the seller and the seller's agents may not be qualified to render
explanations or interpretations of the information required to be
disclosed. You are advised to seek the assistance of an independent
professional prior to signing the agreement of sale.
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RESIDENTIAL NOTICE/DISCLOSURE STATEMENT
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The undersigned seller (the "seller") hereby
notifies the undersigned buyer ("you") of the following:
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(1)
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You should review the final, municipally approved
record subdivision or land development plan for the project (as defined
below) (the "Plan") and/or the full set of approved subdivision/land
development plans for the project (as defined below) for the purpose
of identifying, among other things:
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(a)
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Common areas, such as parklands, streets, open
space, bike paths, walking trails (for pedestrians as well as for
animals) and recreational facilities which are part of the project
(as defined below) and which may be near or adjacent to the new residential
property you are purchasing (the "new residential property");
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(b)
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The lot lines or other boundaries of the new
residential property you are purchasing and of lots or units adjacent
thereto and any applicable dimensional requirements relating to such
lots or units, including setback requirements and building coverage,
impervious coverage and height limitations;
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(c)
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Stormwater management facilities and drainage
areas, including detention/retention basins and easements;
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(d)
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Sanitary sewer facilities and easements;
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(e)
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Utility easement areas;
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(f)
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The zoning classification of the new residential
property at the time the subdivision/land development of which the
new residential property is a part (the "project") was approved by
the Borough.
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(g)
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The existence of any environmentally sensitive
areas on the new residential property being purchased or within the
project, including steep slopes, wetlands and floodplains (please
note that governmental laws, rules, regulations and ordinances may
limit the use and development of these areas);
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(h)
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Restrictions on the project imposed by the Borough;
and
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(i)
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The existence and location of on-site water
and/or on-site sanitary sewage facilities or systems.
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(2)
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You should review the current Zoning Map and
Zoning Ordinance of the Borough to determine the zoning classification
of the property within the project as well as of properties surrounding
the project for the purpose of determining permitted principal and
accessory uses, and any applicable dimensional requirements such as
building size, setback requirements, building and impervious coverage
limitations, and height limitations. Such zoning information is available
in the current Borough Zoning Code and Zoning Map, and the current
Zoning Map and Zoning, Subdivision and Land Development Ordinances
of the Borough are available for review and purchase at the Pennsburg
Borough Municipal Building, Sixth and Dotts Streets, Pennsburg, Montgomery
County, Pennsylvania. Such ordinances are subject to change.
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(3)
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You should review approved and proposed (filed)
subdivision and land development plans for the purpose of identifying
conditions on surrounding properties which may impact the project
generally or the new residential property specifically. Such approved
plans are available for review at the Borough office and the recorded
portions of such plans are available at the Montgomery County Recorder
of Deeds office. Such zoning information is available in the current
Borough Zoning Code and Zoning Map, and the current Zoning Map and
Zoning, Subdivision and Land Development Ordinances of the Borough
are available for review and purchase at the Borough office. Such
ordinances are subject to change.
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(4)
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You should obtain a title report for the new
residential property from a reputable title insurance company and
obtain copies of all plans, documents, easements and restrictions
listed therein to determine what easements, restrictions or other
limitations affect, may affect or may be imposed on the new residential
property.
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(5)
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You should review any declarations, deed restrictions,
homeowners' association documents or other documents relating to the
new residential property for the purpose of determining, among other
things, what obligations you shall have after purchasing the new residential
property with respect to maintenance, repair and replacement of the
new residential property, any common areas or any other areas; a description
of the real estate you will be purchasing; obligations or potential
obligations of yours with respect to any homeowners' association and
common areas; the ownership of common areas; what future development
can take place within the project; and restrictions on the use of
the property within the project.
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(6)
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Local authorities may require connection to
public water and/or sewer systems in the future and tapping/connecting
fees may be imposed.
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(7)
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You should be aware that a natural gas or petroleum
transmission line is located within 100 yards of the new residential
property as shown on the attached plan excerpt. The record owner of
the ______________________________ (natural gas or petroleum transmission)
line is __________________________. Applicable ______. Not applicable
______.
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(8)
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You should consider contacting the Borough to
determine the status of any dedications of roads, common areas, sanitary
sewer facilities or other areas within the project.
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(9)
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You should consider retaining the services of
an attorney, real estate professional, professional surveyor, professional
engineer and/or other professional to assist you in obtaining and
evaluating information relevant to your new residential property purchase.
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Seller
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Date
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Seller
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Date
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BUYER ACKNOWLEDGEMENT
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I/We, the undersigned, hereby acknowledge the
following:
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(1)
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The seller has provided us with the notice,
disclosures and information set forth above and required by the Borough's
New Residential Sale Notice/Disclosure Ordinance. seller has also
provided me/us with a signed copy of this notice to purchasers.
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(2)
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The seller has made the plan available to me/us
for review and purchase and has made a full set of the approved plans
of the project available to me/us for review. Alternatively, because
the final plans for the project have not yet been approved, the seller
has made a full set of the latest plans available for my/our review,
and has informed me/us that I/we should review the final approved
plans before completing settlement and has agreed to make the plan
and the final approved set of plans available for my/our review when
they have been approved by the Borough and to make the plan available
for purchase by me/us when it has been approved by the Borough.
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(3)
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The seller has provided me/us with a copy of
the condominium or homeowners' association documents or other declaration
of restrictions or similar documents applicable to the project, if
any.
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(4)
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The seller has provided me/us with a list of
the utility easements or other easements executed or to be executed
by seller in connection with the project which will ultimately be
but have not yet been recorded or, alternatively, has provided us
with a statement that no such documents are contemplated as of this
date.
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(5)
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The seller has provided me/us with a list of
all permits and approvals required in order to develop the project
and the new residential property in accordance with the plan. I/we
understand that we can contact the applicable permitting or approval
agencies to determine the status of such permits and approvals.
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(6)
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I/we understand that recorded documents applicable
to the project can be obtained at the office of the Recorder of Deeds
of Montgomery County, and that a title company can provide me/us with
a list of such documents.
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(7)
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I/we understand that the current Zoning, Subdivision
and Land Development Ordinances of the Borough are available for review
and purchase at the Pennsburg Municipal Building, Sixth and Dotts
Streets, Pennsburg, Montgomery County, Pennsylvania, and that such
ordinances are subject to change.
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(8)
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I/we understand that the plans for projects
on properties surrounding the project are available for review at
the Pennsburg Municipal Building, Sixth and Dotts Streets, Pennsburg,
Montgomery County, Pennsylvania.
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(9)
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I/we understand that the documents and information
referenced herein may contain important information relating to the
new residential property and the project, and that I/we should obtain
and review such information prior to entering into this transaction.
I/we further understand that the information provided by seller as
set forth herein is not necessarily exhaustive of all information
that might be applicable to my/our purchase of the new residential
property, and that I/we have been encouraged to retain appropriate
professionals on our behalf to review and evaluate the information
provided and any other information that may be relevant. By signing
this document, I/we are hereby acknowledging that I/we have obtained
and reviewed the information and documents provided by seller and/or
referenced herein, and that we have obtained independent representation
to represent us in this transaction or that we have waived the right
to review such information and/or to obtain such representation.
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BUYER IS ADVISED TO SEEK THE ASSISTANCE
OF AN INDEPENDENT PROFESSIONAL PRIOR TO SIGNING THIS DOCUMENT
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Buyer
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Date
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Buyer
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Date
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Should a seller be found guilty of violating
this article in a summary proceeding before a District Justice in
accordance with law, a fine of not more than $1,000 for each offense
may be levied against the seller. Each new residential property transaction
in which the provisions hereof are violated shall be considered a
separate offense. Notwithstanding the foregoing, the Borough may seek
enforcement of this article by means of a request for injunctive relief
or such other equitable remedies in a court of competent jurisdiction
as may be provided by law.
[Adopted 1-2-2019 by Ord.
No. 1-2019.]
For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
Any individual, partnership, corporation, governmental authority,
company, association, trust, joint venture, unincorporated association,
or other entity which owns a dwelling unit situate within the Borough
and who or which desires to sell said dwelling unit shall first obtain
a certificate of occupancy from the Code Enforcement Officer and provide
a copy of such certificate to the buyer at settlement; provided, however,
that this section shall have no application to a valid agreement of
sale entered into and dated prior to the effective date of this article.
Applications for issuance of a use and occupancy permit shall
be filed with the Code Enforcement Officer by the seller, buyer, or
agent for the seller or buyer of the property, but in any event no
later than 30 business days prior to settlement between the buyer
and seller. Applications shall contain such information as the Code
Enforcement Officer may require.
The Code Enforcement Officer shall, when appropriate, pursuant to § 84-10 hereof, issue a certificate of use and occupancy which shall contain the following certifications:
A.
A description of the Township zoning district classification applicable
to the property;
B.
A statement by the Code Enforcement Officer that the uses currently
existing on the property, as described by the owner, comply with all
provisions of the Township Zoning Ordinance; and
C.
A statement by the Code Enforcement Officer that there are no uncorrected
violations of record of any Borough ordinances, codes or regulations
on the property.
A.
Upon receipt of a completed application, the Code Enforcement Officer
shall, within 15 business days, conduct an inspection of the property
in order to determine compliance with all applicable minimum standards
and requirements as follows:
(1)
Each dwelling unit must have a smoke detector installed on each floor
level and in the bedroom area(s);
(2)
An existing acceptable 60-ampere service, or a minimum 100-ampere
three-wire electric service, must be installed for the dwelling unit;
(3)
All kitchen countertop receptacles and bathroom receptacles must
be ground-fault circuit-interrupter-protected;
(4)
All sidewalks and curbs must be in good repair, free of large cracks
and crevices, missing bricks and tripping hazards;
(5)
All properties must be supplied with numbers outside the property,
in clear view of the street, designating the street number of the
property;
(6)
The property must be in compliance with all other aspects of the
International Property Maintenance Code adopted by the Borough.
B.
A fee may be charged for each property inspected or reinspected,
and said fee must accompany the application form when it is submitted.
A fee schedule shall be established from time to time by resolution
of the Borough Council.
C.
All hazardous building, safety, fire, plumbing and electrical violations
cited at the time of inspection by the Code Enforcement Officer shall
be corrected in the time specified by the Code Enforcement Officer.
D.
Upon correction of all violations, the property owner shall notify
the Borough, in writing, and request a follow-up inspection, which
shall be conducted within 15 business days from notification. If,
following the follow-up inspection, the property is determined to
be in compliance with the standards, a use and occupancy permit will
be issued to the applicant. If additional follow-up inspections are
required due to the fact that the property owner did not comply with
the violation report, the property owner will be charged an additional
reinspection fee as established by resolution of the Borough Council
from time to time.
E.
If the initial inspection completed prior to the sale of a dwelling unit discloses minor compliance violations, in the discretion of the Code Enforcement Officer, the buyer and seller may enter into a written agreement with the Borough for the completion of the work required to bring the property into compliance, and a conditional use and occupancy permit may be issued to the applicant, and transfer of title may proceed upon advance payment of the reinspection fee. Such agreement shall provide that all of the outstanding compliance items shall be completed to the satisfaction of the Code Enforcement Officer within 90 days after the execution of the agreement, the buyers shall be liable for any deficiency, and noncompliance will result in revocation of the conditional use and occupancy permit and penalties provided in § 84-13.
The validity of the use and occupancy permit is contingent upon
compliance with applicable Borough ordinances, and it is revocable
upon violation of those ordinances.
The use and occupancy permit does not warrant or guarantee on
the part of the Borough, or any officer, agent or employee of the
Borough, the soundness, fitness, safety or adequacy of the facilities
inspected. The use and occupancy permit shall not be deemed to give
rise to any liability on the part of the Borough or any officer, agent,
employee or designee thereof. All such liability, and any remedy therefor,
shall remain that of the seller or transferor or lessor of any structure
covered hereby.
A.
Any individual, partnership, corporation, governmental authority,
company, association, trust, joint venture, unincorporated association,
or other entity subject hereto who or which shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
not less than $100, but not more than $1,000, and costs of prosecution
or, in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days, provided that each day's violation
shall constitute a separate offense and notice to the offender shall
not be necessary in order to constitute an offense.
B.
The Borough may seek an injunction to delay settlement and/or transfer of ownership of property until an inspection occurs and violations are remedied to the satisfaction of the Code Enforcement Officer where there has been a failure to file an application pursuant to § 84-8 at least 30 days prior to settlement and/or transfer of ownership.
The provisions of this article are severable; and if any section,
sentence, clause, part or provision hereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts, or provisions of the article.
It is hereby declared to be the intent of this Council that the article
would have been adopted as if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been included.
