Town of Somerset, MD: Real Property Sales

§ 158-2 Real property sale disclosure.

On or before entering into a contract for the sale of real property in the Town, the owner or agent of the property must provide the prospective buyer(s) with a Town of Somerset, Maryland Disclosures in accordance with Subsection C of this section. At the time the disclosure is delivered, each buyer must sign and date a written acknowledgment of receipt of the disclosure. The disclosure shall be included in or attached to the contract of sale. A copy of the fully-signed disclosure must be provided to the Town within thirty (30) days from the date of the closing.

This section does not apply to a tax sale; sheriff's sale; sale by foreclosure, partition or court-appointed trustee; deed in lieu of foreclosure; transfer by a fiduciary in the course of the administration of an estate, guardianship, conservatorship, or trust; transfer to a spouse, former spouse, domestic partner, former domestic partner, parent, sibling, child or grandchild; or transfer solely to provide a security or leasehold interest.

The disclosure required by this section must provide the following:

The subject property is located within the Town of Somerset, an incorporated municipality and political subdivision of the State of Maryland. The Town conducts governance through a Mayor and 5-member Council and is managed by a professional staff. The Mayor and Council are elected by the Town's residents and serve 2-year terms. The Town provides services to its residents beyond those provided by Montgomery County, including trash and recycling removal, leaf collection, composting, building regulation, and maintenance of Town streets, sidewalks, recreational facilities, and parkland. More information about the Town's programs and services, including the building and permitting requirements, can be reviewed on the Town's website: https://www.townofsomersetmd.gov/.

NOTICE OF BUILDING REGULATIONS (Town Code, Ch. 112)

Building permits are required by both the Town and the County. The Town imposes special building requirements to preserve green space, light and air between buildings and the uniformity of building setbacks, among other purposes. Building permits are required by the Town for buildings, additions, accessory structures, fences, driveways, curb cuts, and the like. The requirements can be reviewed on the Town's website. A variance is required for any construction that does not comply with the building code requirements. Variance requests are reviewed by the Town Council at a public hearing. The criteria for a variance review can be reviewed on the Town's website: https://www.townofsomersetmd.gov/.

NOTICE OF WATER DRAINAGE REQUIREMENTS (Town Code, Ch. 112)

The Buyer is notified that the Town requires a water drainage plan for certain development activity in order to facilitate proper management of water drainage in the Town. Among other requirements, a plan must provide on-site infiltration for stormwater runoff, as provided in the Code based on the type of construction. The requirements can be reviewed on the Town's website: https://www.townofsomersetmd.gov/. This plan is in addition to the requirements imposed by Montgomery County, Maryland. Maintenance of an approved system must be periodically performed, according to an inspection and maintenance agreement recorded among the land records of the County. Buyer is notified that an agreement may already exist for the subject property. A copy can be obtained from land records or upon request to the Town office.

NOTICE OF URBAN FOREST REQUIREMENTS (Town Code, Ch. 182)

The Buyer is notified that the Town requires a permit to be issued by the Town to remove a regulated tree in order to protect and preserve the tree canopy in the Town. Regulated trees are those that measure at least 4 inches in diameter at 4.5 feet above the ground. A public hearing is required to obtain a permit for removal of one or more trees with a combined total diameter of 24 inches. At the hearing, the Town Council will consider several factors in determining whether removal is appropriate. Among other requirements, reforestation may be necessary. These tree protection requirements are in addition to the requirements imposed by Montgomery County, Maryland. The requirements contained in Chapter 182 of the Code of Ordinances of the Town of Somerset, including the criteria considered by the Town in evaluating a request, can be reviewed on the Town's website: https://www.townofsomersetmd.gov/.

NOTICE OF PROPERTY MAINTENANCE

The Buyer is notified that abutting lot owners may not place any structure, wall, fence, tree, hedge, shrubbery, or any plant growth, except low-growing plantings (less than 12 inches in height), within the public right-of-way without approval from the Town. Any tree, hedge, shrubbery or other planting already located within the right-of-way may be maintained, but not replaced, provided that it does not interfere in any manner with pedestrian or vehicular traffic and sightlines. Buyer is notified that sidewalks may be added, removed, expanded or otherwise modified by the Town in the future.

DRIVEWAY APRONS AND CURB CUTS

The Buyer is notified that the Town maintains driveway aprons and curb cuts within the streets, and Town approval is required to construct a new apron or curb cut. The Town may rebuild driveway aprons from time to time in order to install new or replacement public sidewalks within a public right-of-way. The requirements contained in Chapter 170 of the Code of Ordinances of the Town of Somerset, including the criteria considered by the Town in evaluating an owner's request for a new curb cut or driveway apron, can be reviewed on the Town's website: https://www.townofsomersetmd.gov/.

SHORT-TERM LEASING

A landlord license is required to operate a residential rental in Montgomery County, Maryland. Such a license is not available for properties within the Town of Somerset for a transient, bed-and-breakfast, or short-term rental and, therefore, such may not be operated within the Town. Short-term leasing or rental means the residential occupancy of a dwelling unit for a fee for less than 30 consecutive days.

(1)

Delivery of disclosure to Town. A fully-signed copy of this disclosure must be provided by the buyer(s) to the Town Manager within thirty (30) days from the date of the closing.

A buyer's failure to receive the disclosure required by this section does not invalidate the contract or excuse or waive buyer's compliance with the requirements of Town laws and regulations.

Violation of this section is declared to be a municipal infraction. The penalty for each violation shall be $250.00.

[Ord. No. 2025-6-2, 11-3-2025, eff. 12-9-2025]