(A) Not less than 72 hours before signing a sales agreement for any new residential property, the prospective buyer shall sign a disclosure statement that verifies that the seller has provided and explained all the information that is required by this chapter to the buyer.
(B) The seller of any new residential property shall prominently display the approved subdivision and/or land development plans for all phases of the development in the office or other place where property sales are transacted, so that the plans are plainly visible to all prospective buyers of a new residential property. The approved subdivision and/or land development plans shall include the record plan and all other accompanying plans approved with the record plan.
(C) The information listed below shall be clearly shown or noted on the approved plans and summarized in narrative text, and a copy of the plans and narrative text shall be given to the potential buyer. The approved plans and narrative text shall show and describe the following:
(1) Common areas, such as park lands, streets, and open space that are part of the development or adjacent to the new residential property being sold;
(2) All lot lines within the development;
(3) Current zoning district in which the property is located, and all the uses permitted within the development by Bedminster Township’s current zoning ordinance, including accessory uses; and all limitations, easements, covenants, deed restrictions, and other restrictions which affect the development and/or use of the new residential property;
(4) All limitations, easements, covenants, deed restrictions, and other restrictions which affect the development and/or use of the development and/or the new residential property;
(5) Membership in a homeowner’s association, if applicable, with the buyer’s responsibilities detailed. A copy of the homeowner’s association or condominium declaration, by-laws, regulations, and other documentation shall be provided with the disclosure statement;
(6) All current dimensional requirements for the primary uses on the new residential property being sold and on each lot within the development, such as setback requirements, building coverage, impervious coverage, and height limits;
(7) All current dimensional requirements for the accessory uses permitted on the new residential property being sold and on each lot within the development, such as size, setback requirements, and height limits;
(8) The location of all easements throughout the development and on the new residential property being sold, describing the uses of the easements, including any underground pipes or lines (i.e., sanitary, water, gas, electric lines), showing which lots are affected by these easements, and describing the limitations imposed on each lot and the new residential property by these easements. Copies of the applicable sections of the zoning ordinance shall be provided with the disclosure statement;
(9) The location of all areas within the new residential property being sold and the development which are classified as wetlands, under the currently used definition, with a reference to federal, state, and local requirements which govern wetlands, and the limitations imposed by any such wetlands. Location of wetlands shall be highlighted by crosshatching all affected areas on the plan and copies of the applicable sections of the zoning ordinance shall be provided with the disclosure statement;
(10) The location of floodplain areas within the new residential property being sold and the development, as defined by the Township Code, the requirements which govern floodplains, and the limitations imposed by any such floodplains, location of floodplains shall be highlighted by crosshatching all affected areas on the plan and copies of the applicable sections of the zoning ordinance shall be provided with the disclosure statement;
(11) The location of stormwater drainage facilities throughout the development and on the new residential property being sold, including detention/retention basins, stormwater pipes and swales, and the paths of stormwater runoff. The buyer’s responsibilities concerning such facilities shall be described;
(12) The type and location of sanitary sewage and potable water facilities throughout the development and on the new residential property being sold, and the buyer’s responsibilities concerning such facilities;
(13) The type and location of planned public amenities or special improvements (i.e., trash enclosures, community mailboxes, community parking facilities, and the like) throughout the development and on or next to the new residential property being sold, and the buyer’s responsibilities concerning such facilities;
(14) The location within the development or within 220 yards of the perimeter of the development or the new residential property being sold, of any natural gas transmission lines together with the owner’s name, address, and the telephone number, and any limitations on the use of land within the development or use of the new residential property being sold as a result of the existence of these transmission lines.
(15) The location of any slopes on the new residential property being sold that meet or exceed a 3:1 maximum grade;
(16) The existing zoning of all land which abuts the development or the new residential property being sold, and a description of permitted uses and dimensional requirements for each contiguous zoning district;
(17) The identification of any land abutting the development or the new residential property being sold which is located within the township’s Agricultural Security District or is deed restricted, eased, or otherwise conserved or preserved under a federal, state, county, Township, or private conservation program;
(18) The date of the Zoning Ordinance and of the Subdivision and Land Development Ordinance the development and/or the new residential property being sold is being developed in accordance with. If the development and/or the new residential property being sold is being developed under a stipulation, a copy of such stipulation shall be provided with the disclosure statement; and
(19) Any constraints which would affect the new residential property being sold with respect to emergency vehicles accessibility, including fire lanes, emergency accessways, fire hydrants, and restricted parking areas.
(D) The seller of any new residential property shall notify and inform, both verbally and in writing, all prospective buyers of the new residential property of any and all known biological, chemical, radioactive, and/or environmental contamination currently or previously located in, on, above, or under the property and/or the development. Contamination is the presence of any substance, material, element, compound, biological entity, or other waste/pollutant in a quantity, ratio, density, or amount that exceeds the safe levels for human exposure established by the Federal Government or the Commonwealth of Pennsylvania. Such notification of contamination shall include, at a minimum, a description of the contaminate(s); a plan showing where the contamination is or was located upon the property and development; the levels of contamination; a description of the corrective or remedial actions taken to correct, remove, or resolve the contamination or a statement that no corrective or remedial actions have been undertaken; the health risks posed by the contamination; and governmental investigations, reports, and other documentation concerning the contamination and any corrective/remedial actions taken in response to this contamination.
(Ord. 261, passed 12-13-2023)