Township of Northampton, PA Part 1 SALE OF RESIDENTIAL PROPERTY

§ 11-101 Applicability.

[Ord. 457, 7/14/1999]

This Part shall apply to the seller, owner, developer or agent of the owner (the "seller") of a vacant subdivided residential lot or a newly constructed home located within this Township ("new residential property or properties") to a member(s) of the general public (the "buyer"). This applies to any existing vacant parcels. This Part is not intended to duplicate any information included in disclosures made under the Uniform Planned Community Act, 68 Pa.C.S.A. § 5101 et seq., or the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and where there is any conflict these Acts take precedence.

§ 11-102 Intent.

[Ord. 457, 7/14/1999]

These requirements are intended to inform the buyer of important facts pertaining to the new residential property including, but not limited to, the general nature of the subdivision and/or land development project (the "project") in which the new residential property is located, limitations, easements and restrictions.

§ 11-103 Disclosure Requirements.

[Ord. 457, 7/14/1999]

1. Before signing a sales agreement for any new residential property, the seller shall obtain from the buyer a signed disclosure statement that verifies that the seller has provided, reviewed and explained the information that is required by this Part.

2. The seller of any new residential property shall display the record plan of the subdivision and/or land development in the location where property sales are transacted by the seller. The approved plans for the subdivision and/or land development must be reviewed with and made available to the buyer. The seller must inform the buyer that a copy of the plan may be seen at the Northampton Township Administration Building.

3. The seller shall present to the buyer a copy of the proposed grading plan of the lot depicting the street upon which the residence will front, the building envelope with front, rear and side yards shown and the proposed first floor elevation for the property.

4. The information listed below shall be clearly shown or noted on the record plan and/or summarized in a text narrative, and a full size copy of the record plan and a text narrative shall be given to the buyer.

A. Common areas, such as parklands, streets, open space, bike paths, walking trails and other amenities which are part of the subdivision or adjacent to the lot and/or building being sold.

B. All lot lines within the subdivision.

C. Membership in a common ownership regime such as a condominium association or homeowners' association, if applicable. Copies of the declaration documents and bylaws shall be provided to the buyer prior to the signing of an agreement of sale.

D. All uses permitted within the subdivision by the current Zoning Ordinance [Chapter 27], including accessory uses, and all limitations, easements, deed restrictions and other restrictions of record, at this time, which affect the development of lots and their use.

E. All current dimensional requirements for the primary use 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 areas which are classified as either wetlands or floodplains by current governmental law, rule, regulation or ordinance, with a notation that such Federal, State and local laws and regulations govern the use of property within wetlands and floodplains, which may limit the use and development of these areas.

H. The location of all stormwater management facilities, including detention/retention basins, stormwater management easements and the ownership and maintenance responsibilities for such facilities and easements.

I. The date of the Zoning Ordinance [Chapter 27] and Subdivision and Land Development [Chapter 22] regulations the plan is being developed under shall be provided to the buyer. If the plan is being developed by stipulation, a copy, including all amendments, shall be provided to the buyer.

J. The existence, location and maintenance responsibilities of any on-site wells and/or on-site sanitary sewage facilities or systems. Local authorities may make connection to public water and sewer systems mandatory in the future. Tapping/connecting fees and/or easements may apply.

K. The present zoning classification of the project and property which abuts the project and a description of the permitted uses of the abutting property.

L. The disclosure of any known environmental surveys, studies or reports done on the property of the record plan. These reports are to be made available to the buyer for review.

M. The buyer of any new residential property which is located within 100 yards of a natural gas or petroleum transmission line must be informed in writing of the existence, location and owner of record of the line and the possibility that the right-of-way of said line may be used to expand, enlarge or modify the lines.

§ 11-104 Residential Disclosure Statement.

[Ord. 457, 7/14/1999]

The buyer shall complete the disclosure statement prior to the signing of an agreement of sale. 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 and shall provide a copy to the buyer prior to signing the agreement of sale. The seller shall retain a copy for a period of not less than three years. The disclosure statement shall be in the following form:

THIS DOCUMENT IS FOR YOUR PROTECTION. READ IT CAREFULLY BEFORE SIGNING.

Township Ordinance No. 457 requires that the seller of any new residential property provide the purchasers with certain specific information regarding the property to be sold prior to the signing of any agreement of sale. This information is intended to benefit the buyer by clearly defining the nature of the property, inclusive of any restrictions or conditions that may affect its desirability, suitability and/or current or future value.

The checklist below is required by Northampton Township to make certain that you have been shown the information required by this Part. It is your obligation to evaluate the information and to consider its implications relative to your situation. The importance of understanding the material presented to you cannot be overstressed.

If you have any questions, you are advised that the seller or the seller's agent 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 unbiased professional prior to signing the agreement of sale.

The seller must make available the current information, required by this document, in effect as of the date of the subdivision or land development approval and to thereafter update the required disclosures so that at the time the information is made available, the information is current.

(See the Residential Disclosure Statement on the following page.[1])

[1] Editor's Note: The Residential Disclosure Statement is included as an attachment to this chapter.

§ 11-105 Violations and Penalties.

[Ord. 457, 7/14/1999; as amended by Ord. 561, 4/25/2012]

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.

§ 11-106 Information Provided to Seller.

[Ord. 457, 7/14/1999]

The Township of Northampton will make a good faith effort to provide information necessary for the seller to comply with this Part in a timely manner.