[HISTORY: Adopted by the Board of Supervision of the Township of
Upper Southampton 1-21-1986 as Ch. 5, Part 5, of the 1986
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 185.
The Board of Supervisors for and on behalf of this township hereby elects
and adopts the provisions of the Act of Assembly of July 27, 1955 (P.L. 288),
as amended.[1]
[1]
Editor's Note: See 21 P.S. § 611 et seq.
A.
It shall be unlawful for any owner to sell his property,
or any interest therein, unless the owner shall first deliver to the purchaser
at or prior to the time for settlement a certification of the district classification,
issued by the Township Zoning Officer or his appointee, indicating the zoning
classification and the legality of the existing use of the property to be
sold.
B.
It shall be unlawful for an owner to sell his property,
or any interest therein, unless the owner shall first deliver to the purchaser
at or prior to the time for settlement a certificate issued by the Township
Building Inspector, or his appointee, disclosing whether there exists any
notice of an uncorrected violation of the housing, building, safety or fire
ordinances.
A.
Every owner shall insert in every agreement for the sale
of property a provision showing the zoning classification of such property,
and stating whether the present use of the property is in compliance with
or in violation of zoning laws and ordinances, and every owner shall insert
in every agreement for the sale of property a provision disclosing whether
there exists any notice of an uncorrected violation of the housing, building,
safety or fire ordinances.
B.
If any owner fails to include any provision required
by this chapter in an agreement for the sale of property, then in any action,
at law or in equity, instituted by a purchaser against an owner, it shall
be conclusively presumed that the owner at the time of the signing of such
agreement, represented and warranted to the purchaser that such property was
being used in compliance with the then existing zoning laws and ordinances,
and that there was no uncorrected violation of the housing, building, safety
or fire ordinances.
A certificate from the Zoning Officer or Board of Supervisors certifying
that the property has been approved or designated as a nonconforming use shall
be deemed compliance with this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
Any agreement, or written instrument, which provides that title to
any property shall thereafter be transferred from one owner to another owner,
and shall include inter alia, written leases which contain options to purchase
the leased property, and leases which provide that the lessee of the property
shall acquire title thereto after the payment of a stipulated number of regular
rent payments or after a stipulated period of time.
Any person, copartnership, association, corporation or fiduciary
having legal, or equitable title, or any interest in any real property. Whenever
used in any clause, prescribing or imposing a penalty, the term owner, as
applied to copartnerships and associations, shall mean the partners, or members
thereof, and as applied to corporations, the officers thereof.
Any building or structure situate in this township, except buildings
or structures used, designed or intended to be used, exclusively, for single-family
or two-family occupancy, churches or other places of religious worship, except
that for the purpose of certification or statements regarding notices of housing,
building, safety or fire violations, the word "property" shall include all
buildings or structures.
[Amended 6-7-1988 by Ord. No. 256]
Any person, firm or corporation who shall violate any provision of this
chapter shall, upon conviction thereof, be sentenced to pay a fine of not
more than $1,000, and/or to imprisonment for a term not to exceed 90 days.
