[Ord. 1989-2, 5/11/1989, § I; as amended by A.O.]
Pursuant to the Second Class Township Code, 53 P.S. § 66517,
the purpose of this Part is to provide for the uniform and equitable
distribution of tax levies in the Township and upon the inhabitants
thereof and to promote the health, safety, morals and general welfare
of the inhabitants of the Township.
[Ord. 1989-2, 5/11/1989, § II]
As used in this Part, the following terms shall have the meaning
indicated, unless a different meaning clearly appears from the context:
A parcel of real estate, with or without improvements located
thereon, utilized by any person or persons for any commercial activity
or purpose.
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons.
A lessor, or person who acts as agent for the lessor, of
any parcel of real estate located in the Township, or a lessor, or
person who acts as agent for the lessor, of any improvements on real
estate or any building located in the Township. The terms shall not
apply to any condominium unit owners association subject to the Pennsylvania
Uniform Condominium Act, Act of July 2, 1980, P.L. 286, No. 82, 68
Pa.C.S.A. § 3101 et seq.
The movement of household goods in bulk for the purpose of
changing location of domicile or residence or the actual physical
change of residence from one place to another.
Any individual, partnership, association, firm or corporation.
A person who has the use, for a period exceeding 30 days,
either by himself or with others, of a dwelling unit or a business
unit which is either owned by a person other than himself or which
occupies a parcel of real estate owned by a person other than himself,
for a period exceeding 30 days.
[Ord. 1989-2, 5/11/1989, § III]
1.
No person shall move or cause to be moved into the Township, out
of the Township or from one place to another within the Township,
without first securing from the Township Secretary (or designee) a
permit for such move, in the following manner:
A.
Application shall be made to the Township Secretary (or designee)
setting forth his or her name and present address, the number of school-age
children moving with the applicant, the proposed or new address, name
or names of owners or reputed owners of both properties (present and
proposed), the names of all persons included in the move and the social
security numbers of all persons included in the move.
[Amended by Ord. 2016-5, 12/14/2016]
B.
The Township Secretary (or designee) shall, upon application as aforesaid
and payment of the fee to be designated and set from time to time
by resolution of the Board of Supervisors, issue a permit setting
forth the name of the applicant/permittee, all persons affected by
the move and both addresses of the properties affected by the move.
[Ord. 1989-2, 5/11/1989, § IV]
1.
Within 30 days from the effective date of this Part, each landlord
shall submit to the Township Secretary (or designee) a report on a
form supplied by the Township Secretary (or designee) which includes
the following information:
A.
List of all parcels of real estate owned by the landlord upon which
are located dwelling units and/or business units, located within the
Township limits, whether occupied or not occupied.
B.
Address of each dwelling unit and business unit.
C.
Brief description of each dwelling unit or business unit.
D.
Whether or not said dwelling unit or business unit is inhabited or
utilized by tenants.
E.
Names of the tenant or tenants utilizing the aforementioned dwelling
unit or business unit, if any.
[Ord. 1989-2, 5/11/1989, § V]
After the effective date of this Part, any person who becomes a landlord of any parcel of real estate or any improvement on real estate or building located in the Township by agreement of sale, by deed, or by any other means, shall, within 30 days thereafter, report to the Township Secretary (or designee) the information and data set forth in § 11-103 above, and on forms to be provided by the Township Secretary (or designed).
[Ord. 1989-2, 5/11/1989, § VI]
After the effective date of this Part, each and every landlord
of property within the Township shall report to the Township Secretary
(or designee) on a report form to be supplied by the Township Secretary
(or designee) any change in the use or occupancy of any dwelling unit
or business unit owned by such landlord, or which occupies a parcel
of real estate owned by such landlord. The reported change shall include
the name or names of new tenants of such dwelling unit or business
unit, the date when such change was effected and the forwarding address
of the old tenant or tenants, if known. A landlord of a hotel, inn,
boarding house or campground shall not be required to report a person
as a "tenant" until that person has resided in such landlord's establishment
for a period exceeding 30 days. In the event that a dwelling unit
or business unit was used or utilized by a tenant and then becomes
vacant, this change shall also be reported to the Township Secretary.
All reports required by this section shall be made within 10 days
after a landlord has knowledge that such a unit has had a change in
occupancy or has become vacant.
[Ord. 1989-2, 5/11/1989, § VII]
1.
The Township Secretary, under the authority of this Part, shall:
A.
Maintain on file at the Township Building the names of the landlords
owning dwelling units and business units in the Township, said list
to include the names of the current tenants of said dwelling units
and business units.
C.
Notify the Tax Collector for the Township including the Real Estate
Tax Collector, the School Tax Collector and the Earned Income Tax,
and Mercantile Tax Collector of any change in occupancy as reported
pursuant to this Part.
[Amended by A.O.]
D.
Notify the Williams Township Volunteer Fire Company Fire Chief of
the address of any dwelling or business unit that is or becomes vacant,
unoccupied or not in use.
[Ord. 1989-2, 5/11/1989, § VIII]
The Township Secretary (or its designee) shall annually mail
to each landlord of property in the Township a copy of that landlord's
most recently filed report form, together with a blank report form
on which the landlord is to list any changes which may have occurred
with respect to the use or occupancy of his property. Each landlord,
which is not reflected on the most recently filed report is to file
this updated form, listing any changes within 30 days of receipt of
the report.
[Ord. 1989-2, 5/11/1989, § IX; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. 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. No. 2022-7, 10/12/2022]
The requirements of this Part shall apply to all developers,
builders, owners, and owner's agents (collectively referred to
as the "seller"), who are selling any residential or subdivided residential
property or lot for a residential building or a newly constructed
home located within the boundaries of the Township (hereinafter referred
to as "new residential property") to a member of the general public.
[Ord. No. 2022-7, 10/12/2022]
These requirements are intended to inform new homebuyers about
limitations, easements and restrictions on their property 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 the Township to protect the health, safety and welfare of
the Township and its residents.
[Ord. No. 2022-7, 10/12/2022]
1.
At the time of entering into a lot or home reservation or placement
of a deposit on a lot or home, even if the deposit is refundable,
or 72 hours before signing a sales agreement for any new residential
or subdivided residential property, or a lot for a residential building,
or a newly constructed home, whichever occurs first, the buyers shall
sign a disclosure statement that verifies that the seller has provided,
shown and explained all of the information that is required by this
Part.
2.
The seller of any new residential property or of a subdivided lot
for residential building or a newly constructed home 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 they are plainly visible to all potential buyers of the new
residential property or lot. The approved subdivision and/or land
development plan shall include the record plan and all other accompanying
plans approved with the record plan.
3.
The information listed below shall be clearly shown or noted on the
approved plans and summarized in text narrative, and a full-sized
copy of the plans, at a scale no less than one inch equals 30 feet,
and text narrative shall be given to the potential buyer. The approved
plans and text narrative shall show and describe the following:
A.
Common areas, such as parklands, streets, and open space which are
part of the subdivision or adjacent to the property being sold.
B.
All lot lines within the development.
C.
All uses permitted within the development by the Township's current Zoning Ordinance (Chapter 27), including accessory uses and all limitations, easements, deed restrictions and other restrictions, which affect the development and use of the lots.
D.
Membership in a homeowners' or condominium association, if applicable.
A copy of the homeowners' association or condominium agreement
shall be provided at that time, with the buyer's responsibilities
detailed.
E.
All current dimensional requirements for the primary uses on each
lot.
F.
The location of all easements through the development, describing the uses of the easements, including any underground pipe (i.e., sanitary, water, gasoline), showing which lots are affected by these easements and the limitation imposed on the lot, and copies of the applicable sections of the Zoning Ordinance (Chapter 27).
G.
The location of all areas within the development and on each lot which are classified as natural resources and provided protection or restricted from being disturbed by Chapter 27 of this Code, (i.e., wetlands, floodplains, and forests).
H.
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 (Chapter 27).
I.
The location of stormwater drainage facilities, including detention
or retention basins, the paths of stormwater runoff, and the owners'
responsibilities.
J.
The location of any slopes on the lot that meet or exceed a 3:1 maximum
grade.
K.
The type and location of sanitary sewage and water facilities, and
owners' responsibilities with respect to them.
L.
The location within the development, or within 220 yards of the perimeter
of the development, of any natural gas or oil 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.
M.
That the amount of topsoil on the lot must exceed eight inches.
N.
The location of all areas within the development and on each lot which are classified as buffer yards and required to be maintained by the owner or restricted from being disturbed by Chapter 27 of this Code or by the conditions of approval of the subdivision, including but not limited to plantings, trees and fences. Location of buffer yards, plantings, trees, and fences shall be highlighted to identify all affected areas.
O.
The existence of any environmental hazards or issues impacting or
having potential to impact the property, such as contamination from
hazardous substances on the property or in the soil, or the existence
of underground tanks.
4.
Prior to any new residential property being offered or listed for
sale, the seller shall submit to the Williams Township Board of Supervisors
to review for approval all disclosures the seller is required to provide
to the buyer. If the new residential property is created by an approved
subdivision or land development plan, a condition of final approval
will be the submission of all required disclosure materials to the
Board of Supervisors for preliminary approval, prior to final approval
by the Board of Supervisors of the subdivision or land development
plan. If, between preliminary approval and final approval, the proposed
plans change, affecting the disclosure materials already approved
by the Board of Supervisors, the disclosure materials must be resubmitted
for approval to the Board of Supervisors prior to final subdivision
or land development approval. In all other situations, the disclosure
materials to be submitted for the review and approval by the Board
of Supervisors shall be submitted by the seller prior to the issuance
of any permits by the Township. The Township shall not issue any permits
until the seller has complied with this subsection and the Board of
Supervisors has approved the disclosure materials.
[Ord. No. 2022-7, 10/12/2022]
1.
The initial retail purchasers of new residential property or a lot
shall complete the following Residential Disclosure Statement prior
to the signing of any agreement of sale. The seller shall provide
originally signed statements to the Code Enforcement Officer within
five days of execution. The seller shall maintain an original signed
copy for a minimum of 10 years and provide the buyer with a copy.
2.
The intent of this Part is for sellers to convey information regarding
the nature of the property to be sold 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.
3.
The following format of residential Disclosure statements shall be
used to comply with the provisions of this Part 2.[1]
[1]
Editor's Note: Said statements are included as an attachment to this chapter.
[Ord. No. 2022-7, 10/12/2022]
Sellers of newly constructed residences shall present to a prospective
purchaser, before the agreement of sale for such property is signed,
an individual plan of the lot involved, showing the street on which
the building will be, the front and side yard shown, the currently
approved grading plan for the lot, and the location of all areas of
the lot where street trees, buffer yard trees and shrubs, stormwater
management buffer trees and shrubs, and any other landscape plantings
must be installed in accordance with the approved plan as well as
any other improvements required for the lot.
[Ord. No. 2022-7, 10/12/2022]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and
shall pay the Township's attorney's fees and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 90 days. 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.
