[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.
[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:
Any natural person, partnership, association, firm or corporation.
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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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.
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.
[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.
[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.
