[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Merion 6-20-1934 by Ord. No. 475. Amendments
noted where applicable.]
A registry of the ownership of all real estate
in the Township of Lower Merion, County of Montgomery and Commonwealth
of Pennsylvania, is hereby established.
[Added 12-16-1970 by Ord. No. 1630]
For the purpose of this chapter, the following
terms shall have the meanings indicated:
Any agreement or written instrument which provides that title
to any property shall thereafter be transferred from one owner to
another owner and shall include inter alia written leases which contain
options to purchase the leased property and leases which provide that
the lessees of the property shall acquire title thereto after the
payment of a stipulated number of regular rent payments or after a
stipulated period of time.
[Added 4-20-1994 by Ord. No. 3357]
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions and organized in accordance
with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq.
[Amended 9-18-1985 by Ord. No. 2085]
Any person, partnership, association, corporation or fiduciary
having legal or equitable title or any interest in any real property.
Whenever used in any clause prescribing or imposing a penalty, the
term "owner," as applied to partnerships and associations, shall mean
the partners or members thereof; and as applied to corporations, the
officers thereof.
[Added 4-20-1994 by Ord. No. 3357]
All real property situate in Lower Merion Township, Montgomery
County, Pennsylvania.
[Added 4-20-1994 by Ord. No. 3357]
Includes a condominium.
[Amended 12-16-1970 by Ord. No. 1630]
The Township Engineer shall cause to be made
all necessary books, maps and plans as will show the location and
dimensions of each property, including each condominium, in the Township;
the house number, if any; the number of the condominium; and the name
of the owner or owners thereof, with blank spaces to insert the names
of future owners and the dates of future transfers of title. All such
books, maps and plans shall be carefully preserved and shall be so
kept, by additions from time to time, as to show at all times the
ownership of every lot or piece of real estate, or subdivision thereof,
and the ownership of every condominium within the Township, with the
succeeding transmissions of title from the date of this chapter.
[Amended 12-16-1970 by Ord. No. 1630; 2-18-2009 by Ord. No.
3876]
A.
All persons acquiring title to real estate and to
a condominium or condominiums within the Township, whether by purchase,
devise or partition or in any other manner whatsoever, or the agent
of such persons, shall furnish to the Township Engineer, at his office
in the Township Building, within two business days after recording
a deed or other conveyance by which such title was acquired, descriptions
of their respective properties upon blanks to be furnished by the
Township and, at the same time, present their conveyances or other
instruments to be stamped by the Township Engineer, as evidence of
the registration thereof. As an alternative to the use of a Township
form, a copy of the deed or other conveyance may be delivered to the
Township, forwarded by registered or certified mail, return receipt
requested, or forwarded by electronically sending an image of the
deed as submitted for recording to the Township. In each case a copy
of the real estate transfer tax certificate delivered to the Recorder
of Deeds must accompany the copy of the deed or other conveyance.
[Amended 12-16-1970 by Ord. No. 1630; 9-21-1977 by Ord. No.
1802; 8-3-1988 by Ord. No. 3104]
Any person, firm or corporation neglecting or
refusing to comply with the provisions of this chapter for a period
of 30 days after public notice of the requirements hereof shall be
liable to a penalty of not exceeding $600, to be recovered with costs
of suit before any District Justice as like fines or penalties are
now by law collected.
[Added 4-20-1994 by Ord. No. 3357]
A.
Statements of legislative intent. The Board of Commissioners
finds that many purchasers of property in Lower Merion Township are
not aware of the zoning district classification of their property
and the limitations imposed upon the use of their property by Township
codes, including the requirement that sidewalks and curbs be kept
in good repair, that all homes be equipped with smoke detectors and
that the number of all buildings be conspicuously posted in such manner
that it is visible and legible from the street. In order to prevent
undue hardship and losses imposed on such purchasers, the Board of
Commissioners has determined that the sellers of a property shall
be required to deliver to the purchasers not later than at settlement
the certifications required herein.
B.
It shall be unlawful for any owner to sell his property,
or an interest therein, or for a purchaser to acquire a property,
or an interest therein, unless the owner shall first deliver to the
purchaser at or prior to the time for settlement the following certifications:
[Amended 2-18-2009 by Ord. No. 3876]
C.
Zoning and use classification. Upon application, the
Lower Merion Township Zoning Officer shall certify the zoning district
classification of the property to be sold and whether the use of the
property as represented by the applicant conforms to Township Code.
(1)
Agreements of sale. Every owner shall insert in every
agreement for the sale of property located in Lower Merion Township
a provision setting forth the zoning district classification of such
property and a provision warranting the use to which the property
is being put as being in compliance with the Township Code. Such agreements
may further provide that in making such statements and proving such
warranties, the owner may rely upon certification issued by the Lower
Merion Township Zoning Officer.
(a)
If the owner fails to include the zoning district
classification in an agreement of sale, it shall be conclusively presumed
that at the time of signing such agreement the owner represented and
warranted to the purchaser that such property was being used in compliance
with the then existing provisions of the Township Zoning Code.
(2)
Application for certification statement. The application
for certification statement shall be made on forms provided by the
Township and shall set forth such information as the Zoning Officer
may require including the following: the address of the property;
the name and address of the current owners and proposed purchasers,
if known, together with their authorized agents, if any; a complete
statement of the current use or uses to which the property is being
put.
D.
Curbing and sidewalk certificate of good repair. Upon application, the Director of Building and Planning shall determine whether the curbing and sidewalks adjacent to a property are in good repair as required by Chapter 133 of the Township Code.
[Amended 1-19-2002 by Ord. No. 3631]
(1)
The Director shall issue a certification if the curbing
and sidewalks are found to be in good repair.
(2)
If not found to be in good repair, the Director shall
issue a report within five business days of the inspection which shall
clearly describe the violation and the remedial action required for
compliance. Upon correction of any violation, the applicant shall
notify the Director, in writing, for a reinspection which shall be
conducted within five days from such notification.
(3)
The Director may issue a conditional certification
upon payment to the Township of the estimated costs of repairs and
inspection, plus an administrative fee of 10%, and delivery of an
authorization signed by the owners and prospective purchasers for
the Township to perform the required work.
F.
Building number posting. The owners shall certify that building numbers have been conspicuously posted in such manner that they are visible and legible from the street as required by Chapter 64 of the Township Code.
G.
Application procedures.
(1)
Applications shall be submitted on forms provided
by the Township, shall be completely filled out and shall be accompanied
by a fee, the amount of which shall be set by the Board of Commissioners.
(2)
The application for a certificate under this section
shall constitute authorization for the Township to inspect the premises
being transferred. Such inspection shall not be required, however,
and the Township may rely solely upon the representations made in
the application for certification as the basis for issuance of a certificate.
(3)
The Township shall respond to an application within
20 days of its receipt.
H.
Penalties.
(1)
No deed will be registered by the Township unless
the certifications required by this section have been issued and copies
thereof furnished with the application for registration.
(2)
Any owner who shall fail to provide the purchaser
with the certifications required by this section and whose property
failed to comply with the requirements for certification shall be
guilty of violating the provisions of this section and, upon conviction
thereof in a summary proceeding, shall be subject to payment of a
civil fine of not more than $600 and costs of prosecution, in addition
to such other remedies as may be provided by law or equity.
