§ 150.33 RESIDENTIAL DISCLOSURE STATEMENT; NEW CONSTRUCTION.

   (A)   Prior to accepting a sales agreement for a new residential property, the seller shall present to the buyer and obtain the buyer’s signature on a disclosure statement in substantially the same form as that which follows. Within five days of execution of a sales agreement by the buyer and the seller, the seller shall provide to the Code Enforcement Officer of the township a signed copy of the disclosure statement. In addition, the seller shall provide the buyer with a copy of the disclosure statement at time of signing, and seller shall maintain an original of the signed disclosure on file for a period of ten years.

   (B)   It is the intent of this subchapter that information regarding the nature of the property to be sold be conveyed to the consumer purchasing the property for residential purposes. Any attempt to by-pass the intent of the subchapter by transfer of title to a party or entity who does not intend to make such use of the property will be considered a violation of this subchapter and shall not exempt the seller from complying with its terms when the property is sold on a retail basis.

Springfield Township Residential Disclosure Statement New Construction

This Document Is for Your Protection. Read it Carefully Before Signing.

Springfield Township Ord. 138 requires that the sellers of a newly constructed home or a vacant subdivided residential lot provide potential buyers with certain specific information regarding the property to be sold prior to the signing of an agreement of sale. This information is intended to benefit the buyer by clearly delineating the nature of the property in question, including any restrictions or conditions that may affect its desirability, suitability and/or current or future value.

The checklist below is required by the township to make certain that you have been shown the information required by the ordinance. It is your obligation to evaluate that 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 should seek the assistance of an unbiased professional before signing any sales agreement.

Fill in the following information:

Print Name of Buyer(s):_______________________________   Address:_______________________________

Print Name of Buyer(s):_______________________________    Address:_______________________________

Name of Developer:__________________________________   Address:_______________________________

Name of Subdivision:_________________________________   Lot Number(s)__________________________

Tax Map Parcel Number(s):____________________________________________________________________

 

Springfield Township Residential Disclosure Statement New Construction

Please initial next to each of the following to verify that information about each of the following was presented and explained fully with regard to the property you are buying before an agreement of sale was accepted by the seller:

Property Description

1. The property being considered is ____________ square feet (____________ acres) in size.

2. All lot lines of the property have been explained.

Land Use and Building Restrictions

3. This lot is subject to the Zoning Ordinance and Subdivision and Land Development Ordinance:

Zoning Ordinance:__________________________________   Dated:_______________________________

Subdivision Ordinance:_______________________________   Dated:_______________________________

Subdivision Plan was approved on ____________ and recorded at Book ____________, Page ____________ in the Office of the Recorder of Deeds.

If plan is developed by Stipulation or Court Order, a copy of same including all amendments shall also be included in its entirety.

4. The property is located in the ____________ Zoning District. A statement of all uses presently permitted within the development by the Zoning Ordinance is attached.

5. The property is subject to the following dimensional requirements:

Permitted            As Built

Front Yard               __________ feet      __________feet

Rear Yard               __________ feet      __________ feet

Side Yard               __________ feet      __________ feet

Building Coverage            __________ sq. feet      __________ sq. feet

Impervious Surface Coverage*      __________ sq. feet      __________ sq. feet

Building Height            __________ feet      __________ feet

* Note: Impervious surface includes homes, driveways, accessory structures, decks, pools and stone or graveled areas.

Additional building coverage remaining for garage, sheds, greenhouse and any other buildings __________ sq. feet.

Additional impervious surface remaining for patios, decks, swimming pool, tennis, basketball or other courts, and the like __________ sq. feet.

 

Springfield Township Residential Disclosure Statement New Construction

6. All current dimensional requirements for the accessory uses (such as decks, pools, sheds and the like) permitted on each lot, such as size, setback requirements, and height limitations; which are as follows:

Side yard required for accessory uses: __________________________________

Rear yard required for accessory uses: __________________________________

Front yard required for accessory uses: __________________________________

7. I/We are aware that the existing zoning regulations within the township are subject to change.

Plan Requirements and Deed Restrictions

8. I have reviewed the subdivision plan for this development and it has been explained to me by agents of seller. Buffer yards and other restrictions affecting the property have been fully explained.

9. All lot lines within the development have been explained.

10. The subject property (IS/IS NOT) subject to deed restrictions, limitations, easements and other restrictions which affect development of the lots. If the property is subject to any deed restrictions, limitations, easements or other restrictions, a copy of the document imposing the restrictions has been provided.

11. The property is subject to the following easements:

Sanitary Water: _______________   Sewer: _______________________         Gas: ____________

Electric: _____________________   Telephone: ____________________         Cable: __________

Drainage: ____________________   Municipal: ____________________

Conservation Easement or other restriction: (Please Describe) ______________________________________________________________________    ______________________________________________________________________    ______________________________________________________________________

The location of all easements through the development describing the terms and uses of the easements have been explained to me/us. A copy of the applicable sections of the township’s ordinances was provided.

12. Membership in a homeowner’s association/condominium association, (IS/IS NOT) required. A copy of the homeowner’s association or condominium documents, including the declaration of condominium or declaration of covenants, conditions and restrictions as applicable has been provided.

13. The location of stormwater drainage facilities, including detention/retention basins, the paths of stormwater runoff, a reference to township requirements which govern stormwater facilities have been pointed out to me/us. The ownership and maintenance responsibilities for same have been explained. A copy of the applicable sections of the Zoning Ordinance was provided.

14. 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.

 

Springfield Township Residential Disclosure Statement New Construction

Natural Resource Restrictions

15. The property being considered has _____________ square feet of resource protected areas which equal _____________% of the total lot. The property includes:

_____________ square feet of wetlands which equals _____________% of the total lot.

_____________ square feet of floodplains which equals _____________% of the total lot.

_____________ square feet of steep slopes which equals _____________% of the total lot.

16. There ARE/ARE NOT locations within the development which are classified as wetlands, floodplains, steep slopes or woodlands as defined in the Zoning Ordinance, Subdivision Ordinance or with reference to a federal, state or other requirement. The limitations imposed on each lot and on the development with respect to wetlands, flood- plains, woodlands and steep slopes have been explained. Location of wetlands, floodplains, woodlands and steep slopes shall be highlighted by cross hatching all affected areas on the plan. A copy of the applicable section of the township’s ordinances has been provided.

17. I/We understand that substantial use restrictions apply to resource-protected areas and that these restrictions will be enforced by the appropriate local, state and federal agencies. I/we understand that substantial penalties exist for the violations of those restrictions.

18. There ARE/ARE NOT locations within the development which contain carbonate bedrock formations. The limitations imposed on each lot and on the development with respect to carbonate bedrock formations have been explained. Locations of bedrock formations have been explained.

Adjoining Uses and Surrounding Impacts

19. The existing zoning classification of the property adjacent to the development is:

Land to North: __________________________________

Land to South: __________________________________

Land to East: __________________________________

Land to West: __________________________________

20. The existing land uses of the property adjacent to the development is:

Land to North: __________________________________

Land to South: __________________________________

Land to East: __________________________________

Land to West: __________________________________

21. The subject property (IS/IS NOT) located adjacent to public or private common areas, such as park lands, streets, stub streets and open space, which are part of the subdivision or adjacent to the lot and/or building being sold.

22. The buyer is aware that farming and other agricultural activities are conducted on properties near the prospective property.

 

Springfield Township Residential Disclosure Statement New Construction

23. The buyer understands that farming and agricultural activities involve aspects which may be objectionable and even injurious but which are protected under Pennsylvania law. These include:

(A)   Operation of large pieces of equipment including tractors, combines and the like which generate noise, dust and fumes.

(B)   The hours of operation of such equipment will include night operation and early morning operation which is permitted as a matter of right.

(C)   The collection and spreading of animal waste which generate odors, may attract flies and have other objectionable impact.

(D)   Use of pesticides, herbicides and fertilizers.

24. The buyer understands that this property (DOES/DOES NOT) have a public water line in an adjoining street and that if there is a public water line and the property is not currently served by public water, any construction of additional bedrooms or failure of the existing well would necessitate connection to public water.

Buyer __________________________________   Seller/Authorized Agent __________________________________

Buyer __________________________________   Seller/Authorized Agent __________________________________

Date ___________________________________   Date __________________________________

 

(Ord. 138, passed 5-8-2007)