Township of New Britain, PA
Bucks County
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Table of Contents
Table of Contents
[Ord. 96-02-01, 2/12/1996, § 1]
For purposes of establishing accurate information and reference to the ownership of real property in the Township of New Britain, a real estate registry is hereby established to show the situation, dimensions and location of each property in the Township and the name and address of the owner or owners thereof. Such real estate registry shall be prepared and afterwards maintained by the Township Manager under the direction and supervision of the Board of Supervisors.
[Ord. 96-02-01, 2/12/1996, § 2; as amended by Ord. 2008-12-01, 12/8/2008, Art. I]
The Township Manager, immediately upon the adoption of this Part, shall prepare an initial real estate registry for the Township using the information contained in the 1995 real estate tax duplicate provided by the County of Bucks.
From and after the adoption of this Part, each and every subsequent grantee, devisee, subsequent purchaser or other person acquiring title to real property who has registered a deed at the Bucks County Recorder of Deeds Office shall, within two business days after recording the deed or conveyance, deliver or send a copy of the deed or conveyance as submitted for recording by registered or certified mail, return receipt requested, to the Township.
[Ord. 96-02-01, 2/12/1996, § 3; as amended by Ord. 2008-12-01, 12/8/2008, Art. II]
For each deed or instrument of conveyance filed with the Township in accordance with § 11-102, Subsection 2, the owner or an agent on behalf of the owner shall submit with the copy of the deed or instrument of conveyance a fee in the amount of $10 per deed.
[Ord. 96-02-01, 2/12/1996, § 4; as amended by Ord. 2007-02-01, 2/12/2007]
Any person, partnership, firm or corporation who shall neglect or refuse to comply with any of the provisions of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $25 nor more than $600 plus costs. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 2014-11-07, 11/17/2014]
The requirements of this Part shall apply to all developers, builders, owners, and/or owner's agents (hereinafter referred to as the "seller") who are selling residential property or lot(s) for residential building (improved or unimproved) or a newly constructed home located within the boundaries of New Britain Township (hereinafter referred to as "new residential property") to a prospective buyer.
[Ord. 2014-11-07, 11/17/2014]
These requirements are intended to inform prospective homebuyers about limitations, easements, and restrictions on the property the buyers are purchasing and the general nature of the subdivision and/or land development in which the property is located. This Part is enacted under the general police power of New Britain Township to protect the health, safety and welfare of the Township and its citizens.
[Ord. 2014-11-07, 11/17/2014]
Not less than 72 hours before signing a sales agreement for any new residential property, the prospective buyer shall sign a disclosure statement that verifies that the seller has provided and explained all the information that is required by this Part.
The seller of any new residential property shall prominently display the approved subdivision and/or land development plans for all phases in the office or other place where property sales are transacted, so that the plans are plainly visible to all prospective buyers of the new residential property. The approved subdivision and/or land development plan shall include the record plan and all other accompanying plans approved with the record plan.
The information listed below shall be clearly shown or noted on the approved plans and summarized in narrative text, and a copy of the plans and narrative text shall be given to the potential home buyer. The approved plans and narrative text shall show and describe the following:
Common areas, such as park lands, streets, and open space that are part of the subdivision or adjacent to the lot and/or building being sold.
All lot lines within the development.
All uses permitted within the development by New Britain Township's current Zoning Ordinance [Chapter 27], including accessory uses, and all limitations, easements, deed restrictions, and other restrictions which affect the development of the lots and use thereof.
Membership in a homeowners' association, if applicable. A copy of the homeowners' association or condominium declaration, bylaws, regulations, and other documentation shall be provided at that time, with the homebuyer's responsibilities detailed.
All current dimensional requirements for the primary uses on each lot, such as setback requirements, building coverage, impervious coverage, and height limits.
All current dimensional requirements for the accessory uses permitted on each lot, such as size, setback requirements, and height limits.
The location of all easements throughout the lot/development, describing the uses of the easements, including any underground pipe (i.e., sanitary, water, gas lines), showing which lots are affected by these easements and the limitations imposed on the lot by these easements, and copies of the applicable sections of the Zoning Ordinance shall be attached.
The location of all areas within the development and on each lot which are classified as wetlands, under the currently used definition, with a reference to federal, state and local requirements which govern wetlands and the limitations imposed on the lot and development by any wetlands. The location of wetlands shall be highlighted by crosshatching all affected areas on the plan, and copies of the applicable sections of the Zoning Ordinance shall be attached.
The location within the development and on each lot of floodplain areas, as defined by the Township's ordinances, the requirements which govern floodplains and the limitations they impose on the lot, and copies of the applicable sections of the Zoning Ordinance.
The location of stormwater drainage facilities, including detention/retention basins, the paths of stormwater runoff, and the owners' responsibilities.
The location of any slopes on the lot that meet or exceed a 3:1 maximum grade.
The type and location of sanitary sewage and water facilities and owners' responsibilities with respect to them.
The location within the development, or within 220 yards of the perimeter of the development, of any natural gas transmission lines, together with the owner's name, address and the telephone number, and any limitations on the use of land within the development as a result of the existence of the transmission lines.
That the amount of topsoil on the lot must exceed six inches.
Any constraints which would affect the residential lot with respect to emergency vehicle accessibility, including fire lanes, emergency accessways, fire hydrants and restricted parking areas to the lot or development.
Planned public amenities or special improvements (i.e., trash enclosures, community mailboxes, community parking facilities, etc.).
The seller of any new residential property shall notify and inform, both verbally and in writing, all prospective buyers of the new residential property of any and all known biological, chemical, radioactive, and/or environmental contamination currently or previously located in, on, above, or under the property and/or the development. Contamination is the presence of any substance, material, element, compound, biological entity, or other waste/pollutant in a quantity, ratio, density, or amount that exceeds the safe levels for human exposure established by the federal government or the Commonwealth of Pennsylvania. Such notification of contamination shall include, at a minimum, a description of the contaminate(s); a plan showing where the contamination is or was located upon the property and development; the levels of contamination; a description of the corrective or remedial actions taken to correct, remove, or resolve the contamination or a statement that no corrective or remedial actions have been undertaken; the health risks posed by the contamination; and governmental investigations, reports, and other documentation concerning the contamination and any corrective/remedial actions taken in response to this contamination.
[Ord. 2014-11-07, 11/17/2014]
The initial retail buyers of new residential property shall complete the Residential Disclosure Statement attached hereto and incorporated herein as Exhibit A,[1] prior to the signing of any agreement of sale. The seller will be obligated to provide originally signed statements to the Code Enforcement Officer within five days of execution. The seller shall maintain an originally signed copy for a period of not less than 10 years and provide the purchaser with another originally signed copy prior to closing.
Editor's Note: Exhibit A is included as an attachment to this chapter.
It is the intent of this Part that information regarding the nature of the property to be sold be conveyed to all buyers of new residential property for occupancy. Any attempt to bypass the intent of this Part 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 Part and shall not exempt the seller from complying with its terms when the property is sold on a retail basis.
[Ord. 2014-11-07, 11/17/2014]
Sellers of newly constructed residences shall present to a prospective buyer, before the agreement of sale for such property is signed, an individual plan of the lot involved, showing the street upon which the building will front, the building envelope with rear, front and side yards shown, and the currently approved grading plan for the lot.
[Ord. 2014-11-07, 11/17/2014]
Any person who violates or permits the violation of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a fine not exceeding $1,000, plus all court costs, including reasonable attorneys' fees, for each offense incurred by the Township in enforcing this Part. Each day that a violation of this Part continues shall constitute a separate violation.