Borough of Doylestown, PA
Bucks County
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Table of Contents
Table of Contents

§ 101 Purpose.

[Ord. 1973-7, 3/20/1973, § 1]
The purpose of this Part 1 is to establish a registry of apartment units within the Borough of Doylestown and to aid in the administration of the Zoning Ordinance of Doylestown Borough by establishing from such registry a listing of non-conforming uses of that character, as required by the Pennsylvania Municipalities Planning Act, as amended; to ascertain the legality of such uses under the zoning ordinance; to aid in the assessment of proper rental in connection with public sewer and water connections; and to aid the Borough in its overall planning and governmental functions.

§ 102 Definitions.

[Ord. 1973-7, 3/20/1973, § 2]
The following words when used in this Part 1 shall have the meaning ascribed to them in this section except where the context clearly indicates or requires a different meaning:
PERSON
Any natural person, partnership, association, firm or corporation.
LESSEE
Any person who has the use of the real estate of another under a written or oral lease agreement in return for any type of consideration, excluding persons who are "lessees" for a period of less than 30 days.
LESSOR
A person who grants a lease or otherwise permits the use of his real estate or portion thereof by another for a consideration, monetary or otherwise.

§ 103 Registration of Rental Units.

[Ord. 1973-7, 3/20/1973, § 3]
All lessors, within 30 days after the effective date of this Part 1, or in case of real estate thereafter acquired or thereafter rented or becoming available for rental, within 30 days after the acquisition, rental or availability for rental thereof, as the case may be, shall report to the Borough Manager of the Borough of Doylestown in writing addressed to him at the Borough Office, 57 W. Court Street, Doylestown, Pennsylvania, 18901, the number of parcels or units of real estate presently or hereafter rented or available for rental, a description (by address, unit or apartment number and/or some other meaningful method) of the said parcels or units, and the names of its lessees at the time of such report, together with a designation as to which unit or parcel is occupied by each.

§ 104 Change in Occupancy to be Reported.

[Ord. 1973-7, 3/20/1973, § 4]
Any change in the occupancy of real estate rented or leased or in the identity of the lessee from that shown in the report of the lessor as required in § 103 hereof shall be reported by lessor to the Borough Manager within 10 days after such change. It is intended hereby that lessors shall report a new lessee or a lessee who rents or leases a different unit or parcel of lessor's real estate and when a unit or parcel of their real estate becomes vacant.

§ 105 Borough Manager May Prepare Report Form.

[Ord. 1973-7, 3/20/1973, § 5]
The Borough Manager may prepare a form report entitled Status of Occupancy Report" which form report may require that the information set forth above and such other pertinent information that the Borough Manager and/or the Borough Council of the Borough of Doylestown by resolution may direct the lessor to incorporate into the said report form. The failure to have such report forms, however, shall not excuse the obligation of lessors to provide the information required herein.

§ 106 Penalties.

[Ord. 1973-7, 3/20/1973, § 6; as revised by Ord. 1984-1, 2/23/1984]
Any person, firm or corporation who shall violate any provision of this Part 1 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300; and/or to imprisonment for a term not to exceed 90 days.

§ 201 Applicability.

[Ord. 2001-3, 2/26/2001, § 1]
This Part 2 shall apply to the sale by a seller of any new residential property situate within the Borough of Doylestown to any buyer thereof. For purposes of this Part 2 the term "seller" shall mean and include any owner, developer, real estate broker or agent who is engaged in the sale of new residential property within the Borough of Doylestown. For purposes of this Part 2 the term "new residential property" shall mean any vacant residential lot, existing or newly subdivided, or any newly constructed residential dwelling unit which is constructed or to be constructed as part of an approved subdivision and/or land development or otherwise and for which an occupancy permit has not been issued prior to the effective date hereof, situate within the Borough of Doylestown. For purposes of this Part 2 the term "buyer" shall mean and include any person, firm, corporation or other entity who or which purchases new residential property from a seller.

§ 202 Intent.

[Ord. 2001-3, 2/26/2001, § 1]
These requirements of this Part 2 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 in which the new residential property may be located as well as any limitations, easements, conditions or other restrictions which may be applicable thereto.

§ 203 Disclosure Requirements.

[Ord. 2001-3, 2/26/2001, § 1]
1. 
Before signing a sales agreement for any new residential property, the seller shall obtain from the buyer a signed residential disclosure statement substantially in such form as is provided for in § 204 below which verifies that the seller has provided, reviewed and explained the information that is required by this Part 2.
2. 
The seller of any new residential property shall display the recorded "record plan" of any subdivision and/or land development relating thereto in the location where property sales are transacted by the seller. The finally approved and recorded plans for such subdivision and/or land development shall be reviewed with and made available to the buyer by the seller. The seller shall inform the buyer that a copy of the finally approved and recorded plans for such subdivision and/or land development may be seen at the Borough Hall of the Borough of Doylestown.
3. 
The seller shall present to the buyer a copy of the grading plan for the new residential property, including but not limited to a depiction of the street upon which the residential dwelling unit will front, the building envelope with front, rear and side yards shown and the first floor elevation.
4. 
The information listed below shall be provided and clearly shown or noted by the seller on the "record plan" and summarized in a text narrative, and a true copy of the plan and the text narrative shall be given to the buyer:
A. 
Common areas, such as parklands, streets, open space, bike paths, walking trails and other amenities which are part of a residential subdivision or land development or otherwise involve or are adjacent to new residential property.
B. 
All lot lines within any subdivision.
C. 
Membership in a common ownership regime such as a condominium or homeowner's association, if applicable. A copy of all condominium or homeowner's association documents shall be provided to the buyer prior to the execution of an agreement of sale.
D. 
All uses permitted within any subdivision and/or land development by the Zoning Ordinance of the Borough of Doylestown,[1] including accessory uses, and all limitations, easements, deed restrictions and other restrictions of record which affect the development of the new residential property or its use.
[1]
Editor's Note: See Ch. 27, Zoning.
E. 
All current dimensional requirements for the primary use of new residential property, including, but not limited to, size, setback requirements and height limits.
F. 
All current dimensional requirements for uses permitted as accessory to a new residential property, including, but not limited to, size, setback requirements and height limits.
G. 
The location of all areas which are classified as either wetlands or floodplains by existing applicable governmental law, rule, regulation or ordinance, with a notation that such federal, state and local laws govern and may limit or restrict the use of the new residential property within wetlands and floodplains.
H. 
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.
I. 
The current zoning classification of the new residential property and the date of the Zoning Ordinance[2] and the Subdivision and Land Development Regulations of the Borough of Doylestown under which any subdivision and/or land development plan or other plan involving new residential property is being developed shall be provided to the buyer. If such a plan is being developed by stipulation and order of court, a copy, including all amendments, shall be provided to the buyer.
[2]
Editor's Note: See Ch. 27, Zoning.
J. 
The existence, location and maintenance responsibilities of any on-site wells and/or on-site sanitary sewage facilities or systems and the fact that the borough and other governmental authorities may immediately require connection to public water and sewer systems and that tapping/connection fees may apply shall be made known to the buyer.
K. 
The present zoning classification of any property which abuts the new residential property or the land which is the subject of any subdivision and/or land development plan of which the new residential property is a part and a description of the permitted uses of the abutting property shall be made known to the buyer.
L. 
Any known environmental surveys, studies or reports done which impact the new residential property, either directly or indirectly, shall be made available to the buyer for review.
M. 
Prior to the execution of an agreement of sale, the buyer of any new residential property which is located within 100 yards of a natural gas or petroleum transmission line right-of-way or easement shall be informed by the seller in writing of the existence, location and owner of record of such transmission line and of the possibility that the right-of-way or easement may be used to expand, enlarge or modify such transmission lines.

§ 204 Residential Disclosure Statement.

[Ord. 2001-3, 2/26/2001, § 1]
The seller shall require that the buyer complete and execute a residential disclosure statement prior to signing an agreement of sale for the purchase of new residential property in such form consistent with the provisions of this Part 2 as shall be approved and adopted, and from time to time amended, by separate resolution of Borough Council of the Borough of Doylestown. The seller shall provide a copy of the signed residential disclosure statement to the buyer upon execution thereof and to the Code Enforcement Officer of the Borough of Doylestown prior to the issuance of any certificate of occupancy for new residential property. The seller shall retain a fully executed copy for a period of not less than three years from the date of execution thereof.

§ 205 Enforcement.

[Ord. 2001-3, 2/26/2001, § 1]
Any person violating any provision of this Part 2 shall be guilty of a summary offense and upon conviction thereof before a District Justice shall be sentenced to pay a fine of not more than $1,000 or undergo imprisonment for a period of not more than 30 days, or both.