For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSOCIATION. A partnership, limited partnership or any other form of unincorporated enterprise, owned or conducted by two or more persons.
CORPORATION. A corporation or joint stock association organized under the laws of this commonwealth, the United States or any other state, territory or foreign country or dependency, including, but not limited to, banking institutions.
DOCUMENT. Any deed, instrument or writing whereby any lands, tenements or hereditaments within this commonwealth or any interest therein shall be quit-claimed, granted, bargained, sold or otherwise conveyed to the grantee, purchaser or any other person but does not include wills, mortgages or by the intestate laws of this commonwealth, transfers between corporations operating housing projects pursuant to the Housing and Redevelopment Assistance Law and the shareholders thereof, transfers between nonprofit industrial development agencies and industrial corporations purchasing from them; any transfers to nonprofit industrial development agencies, and transfers between husband and wife; transfers between persons who were previously husband and wife but who have since been divorced, provided such transfer is made within three months of the date of the granting of the final decree in divorce, and the property or interest therein subject to such transfer was acquired by the husband and wife or husband or wife prior to the granting of the final decree in divorce; transfers between parent and child or the spouse of such a child, or between parent and trustee for the benefit of a child or spouse of such child, by and between a principal and straw party for the purpose of placing a mortgage or ground rent upon the premises, correctional deeds without consideration, transfers to the United States, the commonwealth or to any of their instrumentalities, agencies or political subdivisions, by gift, dedication or deed in lieu of condemnation or deed of confirmation in connection with condemnation proceedings, or reconveyance by the condemning body of the property condemned to the owner of record at the time of condemnation, which reconveyance may include property line adjustments, provided such reconveyance is made within one year from the date of condemnation, leases, a conveyance to a trustee under a recorded trust agreement for the express purpose of holding title in trust as security for a debt contracted at the time of the conveyance under which the trustee is not the lender and requiring the trustee to make reconveyance to the grantor-borrower upon the repayment of the debt, or a transfer by the owner of previously occupied residential premises to a builder of new residential premises when such previously occupied residential premises is taken in trade by such builder as part of the consideration from the purchaser of a new previously unoccupied residential premises, any transfer from a purchase money mortgagor to the vendor holding the purchase money mortgage whether pursuant to a foreclosure or in lieu thereof, or conveyances to municipalities, townships, school districts and counties pursuant to acquisition by municipalities, townships, school districts and counties of tax delinquent properties at sheriff sale or tax claim bureau, or any transfer between religious organizations or other bodies or persons holding title to real estate for a religious organization if such real estate is not being or has not been used by such transferor for commercial purposes.
PERSON. Every natural person, firm, association or corporation. Whenever used in any clause prescribing and imposing a fine or imprisonment, or both, the term PERSON, as applied to associations, means the partners or members thereof and, as applied to corporations, the officers thereof.
TAX COLLECTOR. The Recorder of Deeds in and for the County of Northampton, Pennsylvania, shall be the collector of taxes imposed by this subchapter.
TRANSACTION. The making, executing, delivering, accepting or presenting for recording of a document of any type or kind transferring title to or any interest in real property situated within the territorial limits of the borough.
VALUE. The actual pecuniary worth of any interest in real property which constitutes the subject of the transfer of any interest in the real property at the time such transfer is consummated. Any actual monetary consideration for a transaction shall be prima facie, but not conclusive, evidence, of the actual pecuniary worth or value of interest in real property transferred, and shall be construed to include any sums of cash or articles of value agreed to be paid or exchanged, the face value of all mortgages, notes, judgments, liens or encumbrances given in connection with the transaction, together with any other evidence of indebtedness or promises, whether oral or written, given as full or part consideration for the transaction, provided that the valuation of the real property or interest in real property transferred shall in no event be less than the amount of the highest assessment of such real property, or interest in real property for local tax purposes, if such interest has been so assessed.
(Ord. 51-1968, passed 2-5-1968)