Ordinance primarily would cover unseen factors, such as nearby underground natural gas lines
By: Les Sdorow
Original sales of homes would be subject to stronger real estate disclosure requirements under an ordinance being considered by the Solebury Township Board of Supervisors.
As now written, the ordinance would apply to original home sales but not to resales. According to Township Solicitor Steve Harris, the impetus for the ordinance arose out of problems related to the Canal Walk residential development on Route 32, just north of New Hope. He noted that the proposed ordinance resembles one used in other towns, including Buckingham Township.
Mr. Harris told the board’s Sept. 5 meeting the ordinance would primarily cover unseen factors, such as nearby underground natural gas lines.
"Misperceptions often happen through failure of disclosure," said Supervisor Peter Grover. "A friend of mine who bought land near a quarry in the winter was told it made noise that sounded no louder than a distant train."
"Should we include things like nearby quarries, which involve blasting and dust?" asked Supervisor Thomas Caracio.
"One would hope that if there’s a quarry they’d see it," responded Mr. Harris. "We can talk about that after we advertise the ordinance."
Supervisor William Tinsman said, "This is the only way that future residents of Solebury Township will be forewarned about things that are not obvious."
Mr. Harris said it would be easier for the ordinance to cover the original sale of homes, because that requires an occupancy permit from the township. He said he believes such an ordinance could be enforced on residential resales only by requiring an occupancy permit for them as well.
"Are there any problems with certificates of occupancy on resales?" asked Mr. Caracio.
"When it’s come up here in the past, the township has decided against it," replied Mr. Harris. "But there are plenty of townships that require it."
"I would be concerned about requiring certificates of occupancy for resales," said Supervisor Stephen Phillips. "I think it’s covered by standard real estate forms."
The board agreed to send the proposed ordinance to the Solebury Township Panning Commission for its input before advertising it.