[Ord. No. 2020-06, 12/3/2020]
This Part shall apply to the seller of a vacant residential lot or a newly constructed residential home located in the Township of Lower Macungie to a buyer in an arm's-length transaction. This Part shall not apply to any residential property subject to the Uniform Planned Community Act or the Uniform Condominium Act. [Note: See 68 Pa.C.S.A. § 5101 et seq. and 68 Pa.C.S.A. § 3101 et seq., respectively.]
[Ord. No. 2020-06, 12/3/2020]
These requirements of this Part are intended to inform a buyer of important facts pertaining to new residential property, including but not limited to the general nature of any subdivision and/or land development approval or recorded plan, and all limitations, easements and restrictions applicable to the property.
[Ord. No. 2020-06, 12/3/2020]
1. 
As used in this Part, the following terms shall have the meanings indicated:
BUYER
A purchaser of new residential property in the Township of Lower Macungie.
DISCLOSURE STATEMENT
A signed disclosure statement that verifies that the seller has provided to buyer prior to executing an agreement of sale the information that is required by this Part.
NEW RESIDENTIAL PROPERTY OR PROPERTIES
A vacant residential lot or a newly constructed residential home located in the Township of Lower Macungie. Residential property subject to the Uniform Planned Community Act or the Uniform Condominium Act shall not be considered new residential property for purposes of this Part 3.
RECORD PLAN
A subdivision and/or land development plan approved by the Township of Lower Macungie pursuant to Chapter 22A, Subdivision and Land Development, or a predecessor code or ordinance.
SELLER
A legal or equitable owner, developer, or agent of the owner selling a new residential property in the Township of Lower Macungie.
[Ord. No. 2020-06, 12/3/2020]
1. 
The seller of any new residential property shall provide buyer with a copy of any applicable record plan, or recording information that identifies the record plan, and the location where a copy may be reviewed, including at the Lower Macungie Township Municipal Building.
2. 
The information listed below shall be clearly shown on the record plan, or otherwise disclosed on plans or in a written narrative provided by the seller of any new residential property to the buyer:
A. 
Ownership and maintenance responsibilities for all common areas, such as parklands, streets, open space, bike paths, walking trails, sidewalks, and other amenities on or adjacent to the new residential property.
B. 
Ownership and maintenance responsibilities for any required landscaping, including but not limited to street trees, buffer plantings and plantings that serve as stormwater best management practices (BMPs).
C. 
All lot lines within the subdivision or development.
D. 
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.
E. 
All uses permitted by the current Zoning Code, including accessory uses, and all limitations, easements, deed restrictions and other restrictions which apply to the use or development of the new residential property.
F. 
All current dimensional requirements for the primary use and accessory uses of the new residential property, such as setback requirements, building coverage, impervious coverage, size and height limits.
G. 
The location of all areas which are designated as either wetlands or floodplain pursuant to federal, commonwealth or local laws, rules, regulations or ordinances, with a notation that such federal, state and local laws and regulations restrict the use of property within wetlands and floodplains.
H. 
The location of all stormwater management facilities, including detention/retention basins, best management practices (BMPs), drainage easements, and the ownership and maintenance responsibilities and land use limitations for or associated with such facilities and easements, including but not limited to impervious coverage limitations, amended soil maintenance, rain garden or other BMP maintenance.
I. 
The Zoning Code and Subdivision and Land Development Code applicable to the plan being developed shall be provided to the buyer. If the plan is being developed by court stipulation, a copy of the stipulation, 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 and a disclosure that local authorities may make connection to public water and sewer systems mandatory in the future. If mandated, tapping/connection fees and/or easements may apply.
K. 
The present zoning classification of the new residential property and property which abuts the new residential property, and a description of the permitted uses of abutting properties.
L. 
The disclosure of any known environmental surveys, studies or reports concerning the new residential property. These reports are to be made available to the buyer for review.
M. 
The existence, location and owner of record of any natural gas, high volatile liquid (HVL) or petroleum transmission pipeline, and any known future pipelines, including any known expansion, enlargement or modification of an existing pipeline easement or right-of-way within 500 feet of the new residential property.
N. 
Any approved or proposed grading plan 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 new residential property.
[Ord. No. 2020-06, 12/3/2020]
The buyer shall complete a 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 of the disclosure statement for a period of not less than three years. The disclosure statement shall be in the following form:
SELLER NEW RESIDENTIAL PROPERTY DISCLOSURE STATEMENT
THIS DOCUMENT IS FOR YOUR PROTECTION.
READ IT CAREFULLY BEFORE SIGNING
Township Ordinance No. ### requires that the seller of any new residential property provide the buyer 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 Lower Macungie 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 information required by this document.
SELLER DISCLOSURE STATEMENT
Please initial next to each of the following to verify that the information was presented and explained with regard to your new residential property:
_____ (1)
The location and maintenance responsibilities of all public or private common areas, such as parklands, streets, stub streets, open space, walking paths and trails on or adjacent to the lot or building sold, and the access to these common areas.
_____ (2)
The location, ownership and obligation to maintain any required landscaping, including but not limited to street trees, buffer plantings and plantings that serve as stormwater best management practices (BMPs)
_____ (3)
The location of all lot lines within the subdivision or development. The property is _____ square feet or _____ acres in size.
_____ (4)
Membership in a common ownership regime, if applicable, such as a homeowners' or condominium association. A copy of the declaration and/or bylaws has been provided.
_____ (5)
A description of the current zoning classification of the lot, with a copy of the applicable zoning restrictions, and all deed restrictions, easements and other restrictions which affect use or development of the property. The buyer is aware zoning and other local codes that may impact the property are amended from time to time.
_____ (6)
All current dimensional requirements for the primary use and all accessory uses (decks, pools, sheds, patios, etc.) applicable to the property, such as setback requirements, building coverage, impervious coverage and height limitations.
_____ (7)
The location of all areas which are designated wetlands, floodplains or other resource conservation areas by current federal, commonwealth or local law or regulation. The buyer understands the use and development of these areas may be severely restricted and that substantial penalties exist for violations of these restrictions. The property being considered has _____ square feet of resource protected areas which equal _____ % of the total lot.
-square feet of wetlands equals _____% of the total lot.
-square feet of floodplain equals _____% of the total lot.
-square feet of steep slopes equals _____% of the total lot.
_____ (8)
The location of all stormwater management facilities, including detention/retention basins, best management practices (BMPs), and drainage easements, and the ownership and maintenance responsibilities and land use limitations and maintenance responsibilities for, or associated with, such facilities and easements, including but not limited to: new impervious surface limitations, amended soils maintenance, rain garden maintenance, etc.
_____ (9)
The date of the Zoning Code and Subdivision and Land Development Code applicable to any subdivision or land development plan being developed for the property. If the plan is being developed by court stipulation, a copy of the stipulation.
_____ (10)
The buyer is aware of the existence and location of any on-lot wells and septic systems and the maintenance requirements of these particular systems. The buyer has been informed of any potential mandatory connection to public water or sewer systems. Tapping/connecting fees may apply and/or easements may be required. The buyer is aware that auxiliary water pressure pumps and/or sewage grinder pumps may be necessary to provide adequate water and sewer to the dwelling.
_____ (11)
The zoning classification of property which abuts the property or development and a description of permitted uses.
_____ (12)
The buyer has seen and reviewed any known environmental surveys, studies or reports done on the property or properties in the subdivision or development, and the location of any recognized environmental conditions.
_____ (13)
The location of all utility easements burdening the property and within 500 feet of the new residential property, including but not limited to sanitary sewer, stormwater, domestic water, gas, petroleum, HVLs, electric, telephone, cable or any other utility, describing the uses and the owners of the easements. The buyer has been given, in writing, the location and owner of record of the easement and has been made aware that the easement area may be expanded, enlarged or modified and additional utilities may be installed.
_____ (14)
Any approved or proposed grading plan depicting the street upon which the residential home will front, the building envelope with front, rear and side yards shown and the proposed first floor elevation for the property.
I/We the undersigned, acknowledge that I/We have received a full size copy of the record plan, or equivalent, and a text narrative, if applicable, detailing the new residential property and any applicable subdivision and/or land development plan of which the considered new residential property is a part, as well as a separate lot plan of my/our property and understand and agree to the constraints imposed therein with regard to my/our property. I/We also understand that signing this disclosure statement does not release me/us from meeting all applicable Lower Macungie Township Code requirements.
___________________________
Purchaser
_______________________________
Owner or Authorized Agent
________________________
Purchaser
________________________
Date
[Ord. No. 2020-06, 12/3/2020]
Any person who violates or permits a violation of this Part shall be subject to a civil penalty not to exceed $600 per violation. In any case where a penalty for a violation of this Part has not been timely paid, and the person upon whom the penalty was imposed is found to have been liable therefor in civil enforcement proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorney's fees incurred by the Township in the enforcement proceedings. The civil enforcement proceedings shall be initiated by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure.