Township of Cheltenham, PA Chapter 217 Property, Sale of

[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham 5-20-1980 as Ord. No. 1479. Amendments noted where applicable.]

GENERAL REFERENCES

Numbering of buildings — See Ch. 114.

Real estate registry — See Ch. 226.

Zoning — See Ch. 295.

§ 217-1 Legislative intent.

A. The Board of Commissioners finds that in Cheltenham Township many purchasers of properties are not aware of the zoning district classification of their property and the limitations imposed upon the use of their property by Chapter 295, Zoning, as a result of such zoning district classification.

B. In order to prevent undue hardships and losses imposed on such purchasers, the Board of Commissioners finds and declares that in Cheltenham Township all sellers of property shall be required to deliver to the purchaser not later than at the settlement held for such property, a certificate showing the zoning district classification for such property and the compliance or noncompliance with township ordinances of the use to which the property is being put.

§ 217-2 Definitions.

As used in this chapter, the following terms shall have meaning indicated:

AGREEMENT OF SALE

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 lessees 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.

OWNER

Any person, partnership, 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 partnerships and associations, shall mean the partners, or members thereof, and as applied to corporations, the officers thereof.

PROPERTY

All real property situate in Cheltenham Township, Montgomery County, Pennsylvania.

§ 217-3 Certificates of zoning classification and use; affidavits of compliance. [1]

In Cheltenham Township, 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. A certification of the zoning district classification, issued by the Township Zoning Officer, indicating the zoning district classification of the property to be sold.

B. A certification that the use to which the property is being put does or does not comply with township ordinances.

C. An affidavit affirming that the property has the street address number properly displayed as required by Chapter 114, Numbering of Buildings.

D. If the property is a single-family residential dwelling, an affidavit affirming that the dwelling has been equipped with smoke detectors in accordance with Chapter 151, Fire Prevention, Article III, Fire Prevention Code.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 217-4 Agreements of sale.

Every owner shall insert in every agreement for the sale of property located in Cheltenham Township a provision setting forth the zoning district classification of such property and a provision warranting the use to which the property is being put as being in compliance with township ordinance. Such agreements may further provide that, in making such statements and providing such warranties, the owner may rely upon certifications issued by the Township Zoning Officer.

§ 217-5 Violations and penalties.

A. If any owner fails to include any provisions 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.[1]

[1] Editor's Note: See Ch. 295, Zoning.

B. No deed will be registered by the township unless the certifications required by this chapter have been issued.

C. Any owner who shall fail to provide the certifications required by this chapter and whose use of the property prior to settlement was in violation of township zoning laws and ordinances shall be guilty of a summary offense and, upon conviction thereof, be sentenced to pay a fine of not more than six hundred dollars ($600.) and costs of prosecution, in addition to such other remedies as may be provided by law or equity.[2]

[2] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 217-6 Application of certification statement and affidavits. [1]

A. The application of certification statement and affidavits shall be on forms provided by the township and shall set forth, inter alia, the following:

(1) The address of the property.

(2) The name and address of the current owners and proposed purchasers, together with their authorized agents.

(3) A complete statement of the current use or uses to which the property is being put.

B. Application for certification statement and affidavits shall constitute authorization for the township to inspect the premises being transferred. Such inspection shall not be required, however, and the township may rely solely upon the representations made in the application for certification statement and affidavits as the basis for issuance of the certificates.

C. The application for certification statement and affidavits shall be accompanied by a fee, the amount of which shall be approved by the Board of Commissioners.[2]

[2] Editor's Note: For current fee amounts, see Ch. A300, Fees.

D. The township shall issue a certification statement and affidavits to the application within fifteen (15) days of receipt of the application therefor.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.