[HISTORY: Adopted by the Borough Council of the Borough of Paramus 1-23-1973 by Ord. No. 73-1 (Ch. 8, Art. 9, of the 1969 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Home Buyers Protection Ordinance of the Borough of Paramus."
The following words, when used in this chapter, shall have the meanings ascribed in this section:
- A person who has executed a contract of sale of a lot or dwelling house with a seller. As used in this chapter, "buyer" shall also include a prospective buyer.
- CONTRACT OF SALE
- A written instrument constituting a binding contract under law whereby a seller agrees to convey title to a lot or a dwelling house to a buyer.
- INFORMATION MAP
- A map required to be prepared by a seller and mailed to a prospective buyer and containing the data specified in § 269-3 of this chapter.
- A parcel or portion of land separated from other parcels or portions by description, as on a subdivision plat, survey map or Tax Map or by metes and bounds for purpose of sale, lease or separate use.
- MAJOR SUBDIVISION
- A subdivision not classified as a minor subdivision.
- MINOR SUBDIVISION
- Any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road nor the extension of municipal facilities nor the installation of any street improvements and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision of the Master Plan, Official Map, Chapter 429, Zoning, or Chapter 387, Subdivision of Land.
- OFFICIAL MAP
- A map adopted by ordinance of the governing body showing the location and width of streets and drainage rights-of-way and the location and extent of public parks and playgrounds, whether existing or proposed.
- Any individual or individuals, partnership, corporation, syndicate or association or group of any kind.
- The map of a subdivision.
- Any person or agent, employee or assignee of a person who is the record or beneficial owner of a lot that is the subject of a contract of sale, including a selling agent or agency, builder or developer who is instrumental in effecting the sale of a lot. With respect to a newly constructed dwelling house, "seller" shall also include a person or agent, employee or assignee of a person having possession of and residency in such dwelling house for less than six months within a two-year period immediately preceding the date of execution of a contract of sale of such house.
- Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action pursuant to the Municipal Planning Act (1953), or a street or way on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
- The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of residential sale or building development, except that the following divisions of land shall not be considered subdivisions; provided, however, that no new streets or roads are involved:
- A. Division of land for any purpose in which resulting parcels are three acres or greater in area.
- B. The division of property by testamentary provisions.
- C. Division of property by an order of a court of competent jurisdiction, which property fronts upon existing streets as shown on the Official Map of the Borough or on officially approved and filed plats or maps.
The information map required pursuant to this chapter shall clearly show and include for the area within a subdivision and within 2,000 feet of all boundary lines of a subdivision or lot the following information as of the date of final approval of the subdivision or the portion thereof in which the lot to be sold is located or, in the case of the sale of an unsubdivided lot, on a date not more than 60 days prior to the date of execution of a contract of sale therefor.
The location of proposed streets and the layout of proposed lots within the subdivision or any proposed subdivision which has received tentative site plan approval.
The location of all existing or proposed and officially approved state, county and municipal streets.
The location of all existing structures and wooded areas.
The designations of all zoning districts.
The location of all overhead and underground easements and rights-of-way for public utilities.
The location of all public and private utility plants; the location of any landfill operations in existence or proposed.
The location of all schools, parks, playgrounds and public buildings.
The location of all streams, ponds and watercourses.
The location and description of any existing nonconforming use and any use not permitted in any zoning district but approved by the Board of Adjustment or other governmental agency having jurisdiction thereof.
The location of all drainage ditches, floodplains or flood-prone areas.
The scale of said information map.
The proposed contour elevations of said area at five-foot intervals, except that where the slope is or will be 6% or greater in any portion of said area, the contour elevations shall be at two-foot intervals for such portion.
The soil removal permit number, where such permit is required of the seller.
The number of inches of topsoil to remain or to be placed on the lot being sold.
The following legend which shall be typed or printed on the map in bold type: "THE BOROUGH OF PARAMUS HAS PROVIDED SUCH DATA AS IT HAS AVAILABLE SOLELY TO INFORM A PROSPECTIVE BUYER OF POSSIBLE CONDITIONS WHICH MAY AFFECT HIS FUTURE HOME. THE BOROUGH DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF THE DATA ON THIS MAP AND WILL NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY WITH RESPECT TO ANY CONDITIONS WHICH EXIST OR MAY HEREAFTER ARISE ON ANY LOT OR LOTS."
The required data to be designated on the information map shall be obtained from the Building Department, which shall provide the same to the applicant within 30 days after a written request therefor. The information so provided shall be deemed complete for the purposes of complying with the requirements of this chapter. Where the information required is not available, the Building Department shall so state.
The Building Department shall review each information map displayed pursuant to the terms of this chapter not less than once every three months and shall provide such additional information as it deems necessary to maintain the information map in an up-to-date condition. The Building Department may, if it determines the same to be necessary and in accord with the intent of this chapter, direct that additional information be placed upon the information map. Such additional information provided by the Building Department to the seller shall be included on said map within 10 days of the receipt of a written direction from the Building Department.
At or before the execution of a contract of sale for any lot within a subdivision or for any unsubdivided lot, the seller shall file a certification with the Building Department of the Borough that:
The information map, clear copies of all existing or proposed restrictive covenants and easements affecting the lot to be sold and a copy of this chapter were prominently displayed in the sales office, in cases where such office is maintained, or that no such office is maintained, and were sent to the buyer by certified mail, return receipt requested (the signed receipt shall be attached).
The seller answered all questions directed to him by the buyer with respect to the data contained on the information map and the restrictive covenants and easements affecting the lot to be sold.
The provisions of this chapter shall be administered and enforced by the Building Department of the Borough.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2]
In the event that the information map and copies of restrictive covenants and easements and the copy of this chapter are not displayed in the sales office, in cases where such office is maintained, and mailed to the buyer, as provided herein, and/or in the event that the certificate of compliance required in this chapter to be filed with the Building Department is not so filed on the day of or prior to execution of the contract of sale, the seller shall be subject to the penalties provided by § 1-15 of this Code. Each day in which the same are not displayed in the sales office shall be deemed a separate violation of this chapter.
After the execution of a contract of sale, no building permit shall be issued until such time as the certificate of compliance has been filed with the Building Department. Any building permit issued for the lot being sold prior to the execution of a contract of sale shall be revoked forthwith, and where construction is complete, no certificate of occupancy shall be issued until the certificate of compliance is filed.
All requirements set forth in this chapter shall apply with equal force and effect to all property previously subdivided pursuant to law and still being offered for sale on the effective date hereof.