[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, and, where there is any conflict, these Acts take precedence.
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.
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.
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.
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.
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:
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.
All lot lines within the subdivision.
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.
All current dimensional requirements for the primary use of each lot, such as setback requirements, building coverage, impervious coverage and height limits.
All current dimensional requirements for the accessory uses permitted on each lot, such as size, setback requirements and height limits.
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.
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.
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.
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.
The present zoning classification of the project and property which abuts the project and a description of the permitted use of the abutting property.
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.
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:
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.