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Somerset council reviews draft real-estate disclosure ordinance requiring buyer notice on town rules and short-term rentals
Summary
Councilors reviewed a draft ordinance that would require a disclosure for prospective buyers covering town building rules, a ban on short-term rentals, stormwater obligations, and urban‑forest rules; staff were asked to add a plain‑language notice on recorded stormwater agreements and define “short‑term.”
The Somerset work session on an ordinance to require a real‑property disclosure for prospective buyers focused on what the town should require realtors and private sellers to convey about local rules.
The proposal, introduced by Speaker 1, would provide new buyers with a one‑page disclosure listing that the town has a council, building ordinances, stormwater requirements, a ban on short‑term rentals and urban‑forest rules. “This goes over the fact that we have a council, and…it says that we don't allow short term rentals,” Speaker 1 said.
Council members pressed for clarity. Speaker 6 asked what “short term” means and the town attorney (Speaker 5) and others recommended defining it in the ordinance. Speaker 5 noted a working definition: “Short term is anything under 30 days,” and councilors suggested explicitly naming examples (Airbnb) so prospective buyers are not left guessing.
Members also recommended adding practical notices buyers can act on. Speaker 2 asked for a line making buyers aware that a property might be subject to a recorded stormwater maintenance and inspection agreement and encouraged a plain‑language direction to review land records. Speaker 5 explained that when a council‑required plan triggers a recorded agreement the title search will identify it, but conceded that many buyers do not read title reports: “We could say, please note that the property you're buying may be subject to a water drainage maintenance agreement, and you're encouraged to review land records,” Speaker 5 suggested.
Other suggested additions included noting which town services are provided (roads, sidewalks, parks) instead of the unclear phrase “supplemental public safety,” calling out plantings in the town right‑of‑way and relevant code sections, and a catch‑all to remind new residents to register with town hall. Several councilors recommended the town attorney prepare a revised draft and consult with the Greater Capital Area Association of Realtors (GCAR) about standard addenda and forms.
The council did not vote on the ordinance at the work session; staff were asked to revise the draft to add clear definitions and the suggested notices and bring an amended draft to the July meeting.
