[HISTORY: Adopted by the Board of Supervisors of the Township of
Franconia as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-8-1999 by Ord.
No. 278]
This article 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 municipality ("new residential property
or properties") to a member(s) of the general public (the "buyer"). This applies
to any existing vacant parcels. This article is not intended to duplicate
any information included in disclosures made under the Uniform Planned Community
Act or the Uniform Condominium Act,[1] and, where there is any conflict, these Acts take precedence.
[1]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq. and 68 Pa.C.S.A.
§ 3101 et seq., respectively.
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.
A.
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 the article.
B.
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 Franconia Township Administration Building.
C.
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.
D.
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:
(1)
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.
(2)
All lot lines within the subdivision.
(3)
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.
(5)
All current dimensional requirements for the primary
use of each lot, such as setback requirements, building coverage, impervious
coverage and height limits.
(6)
All current dimensional requirements for the accessory
uses permitted on each lot, such as size, setback requirements and height
limits.
(7)
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.
(8)
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.
(9)
The date of the Zoning Ordinance and subdivision and
land development 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.
(10)
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.
(11)
The present zoning classification of the project and
property which abuts the project and a description of the permitted use of
the abutting property.
(12)
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.
(13)
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.
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. 278 requires that the seller of any new residential
property provide the purchaser 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
it desirability, suitability and/or current or future value. The checklist
below is required by Franconia Township to make certain that you have been
shown the information required by this article. 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. RESIDENTIAL DISCLOSURE STATEMENT
Please initial next to each of the following to verify that information about
each of the following was presented and explained with regard to your property:
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(1) Public or private common areas, such as park lands, streets,
stub streets, open space, walking paths, etc., and the access to these areas.
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(2) All lot lines within the development. The property being
considered is _______ square feet (_____ acres) in size.
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(3) Membership in a common ownership regime, such as a homeowners'
or condominium association, if applicable. A copy of the declaration and/or
bylaws have been provided.
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(4) Current zoning of the lot. All uses presently permitted
within the development by the Zoning Ordinance, including accessory uses,
and all deed restrictions and other restrictions which affect the development
of the lot. The location of all easements of record through the development,
describing the uses, and the owners of the easements, such as but not limited
to sanitary sewer, stormwater, domestic water, gas, electric, telephone, cable
or any other utility. The buyer is aware that the existing zoning regulations
are subject to change.
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(5) All current dimensional requirements for the primary
use on each lot, such as setback requirements, building coverage and height
limitations.
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(6) All current dimensional requirements for all accessory
uses (decks, pools, sheds, etc.), such as setback requirements, building coverage
and height limitations.
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(7) The location of all areas which are classified as wetlands,
floodplains or other resource conservation areas by current law. The use and
development of these areas may be severely restricted. The BUYER understands
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.
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square feet of wetlands equals ______% of the total lot.
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square feet of floodplain equals ______% of the total lot.
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square feet of steep slopes equals _______% of the total lot.
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(8) The location of all stormwater management facilities,
including detention/retention basins, stormwater management easements, defined
swales and the ownership and maintenance responsibilities for each.
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(9) The date of the Zoning Ordinance and Subdivision and
Land Development Ordinance the particular 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.
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(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 and/or
easements may apply. 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.
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(11) The zoning classification of the development and the
property which abuts the development and a description of permitted uses.
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(12) The buyer has seen and reviewed any known environmental
surveys, studies or reports done on the property of the record plan.
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(13) The buyer is aware of any natural gas or petroleum transmission
line that is located within 100 yards of the property. The buyer has been
given, in writing, the location and owner of record of the line and has been
made aware that the right-of-way of said line may be used to expand, enlarge
or modify the lines.
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I/We the undersigned, acknowledge that I/We have received a full size
copy of the record plan, and a text narrative, if applicable, detailing the
scope of the subdivision and/or land development plan of which the considered
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 requirements imposed by Franconia Township.
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_______________________________
Purchaser
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_____________________________
Owner or Authorized Agent
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_______________________________
Purchaser
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_______________________________
Date
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Any person who violates or permits a violation of this article shall
be subject to a civil penalty not to exceed $600 per violation. In any case
where a penalty for a violation of this article 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 attorneys 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.
The Township of Franconia will make a good faith effort to provide information
necessary for the seller to comply with this article in a timely manner.