This chapter 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 chapter 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 that there is any conflict between this
chapter or any provisions hereof and any of the foregoing Acts, or
any other state or federal law, the foregoing Acts or any other state
law or any federal law, shall take precedence.
The requirements of this chapter 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 notice and/or disclosures required
under this chapter 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.
The buyer shall review and sign the notice/disclosure statement
just 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 Office 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.