Township of Franconia, PA Sale of Property

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.

§ 110-2 Intent.

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.

§ 110-3 Disclosure requirements

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:

(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.

(4)

All uses permitted within the subdivision by the current Zoning Ordinance,[1] including accessory uses, and all limitations, easements, deed restrictions and other restrictions of record, at this time, which affect the development of lots and their use.

[1]

Editor's Note: See Ch. 145, Zoning.

(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.

§ 110-4 Residential disclosure statement.

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:

____	(1) Public or private common areas, such as park lands, streets, stub streets, open space, walking paths, etc., and the access to these areas.
____	(2) All lot lines within the development. The property being considered is _______ square feet (_____ acres) in size.
____	(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.
____	(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.
____	(5) All current dimensional requirements for the primary use on each lot, such as setback requirements, building coverage and height limitations.
____	(6) All current dimensional requirements for all accessory uses (decks, pools, sheds, etc.), such as setback requirements, building coverage and height limitations.
____	(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.
____	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, stormwater management easements, defined swales and the ownership and maintenance responsibilities for each.
____	(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.
____	(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.
____	(11) The zoning classification of the development and the property which abuts the 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 of the record plan.
____	(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.
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.

_______________________________ Purchaser	_____________________________ Owner or Authorized Agent
_______________________________ Purchaser
_______________________________ Date

§ 110-5 Enforcement.

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.

§ 110-6 Township responsibility.

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.