§ 14-135. Disclosure statement required for residential subdivisions and multi-phase residential developments.

(a)

Before any final plat for any residential subdivision and any multi-phase residential development, may be submitted for review by the county, a disclosure statement, sworn to by the applicant under penalty of perjury before a notary public or other officer authorized to administer oaths, must be filed with the planning director. The disclosure statement shall be in a form promulgated by the planning director and approved by the county attorney.

(b)

Any applicant for the final plat, intending to make written or oral representations to potential purchasers of homes in any residential subdivision and any multi-phase residential development must submit the information specified herein on the disclosure statement which shall be made available to members of the public by the planning director:

(1)

An estimated date of completion of the entire residential subdivision;

(2)

A statement of the average size of homes to be constructed in the subdivision, any specified style of architecture, landscaping, the type of construction materials to be used (i.e. brick, stone, stucco, pressboard, etc.), and the average size of lots;

(3)

A statement of the applicant's commitment to build any community amenities within the subdivision, including but not limited to a clubhouse, tennis courts or swimming pool;

(4)

A statement of the general terms and conditions at which the applicant proposes to dispose of the lots and/or homes in the residential subdivision;

(5)

Copies of all forms of conveyance to be used in selling lots to potential purchasers;

(6)

A statement of all deed restrictions, easements and covenants applicable to the residential subdivision;

(7)

Copies of instruments creating any deed restrictions, easements and covenants applicable to the residential subdivision;

(8)

A statement regarding whether there will be a mandatory membership in any homeowners association and if so, a copy of the budget for the association for its first year of operation including the estimated amount of the first year's assessments and the estimated amount of revenue to be subsidized by the developer; and

(9)

An explanation of the timing and method of transfer of control of the association to the homeowners where there is a mandatory membership in the homeowner's association governing the residential subdivision.

(c)

With respect to the first phase and subsequent phases of a multi-phase residential development, the applicant must also submit the following information:

(1)

An estimated date of completion of each phase of a multi-phase residential development and estimated date of completion of all phases of the development;

(2)

A statement of the average size of homes to be constructed in the future phases of the development, any specified type of architecture, landscaping, the type of construction materials to be used (i.e. brick, stone, stucco, pressboard, etc), and the average size of lots;

(3)

A statement of any community amenities to be built within the development currently or in the future, including but not limited to a clubhouse, tennis courts or swimming pools the applicant is committed to constructing in future phases; and

(4)

A statement of the general terms and conditions at which the applicant proposes to dispose of the lots and/or homes in the future phases of the development.

(d)

If the applicant intends to make no representations or commitments to potential purchasers concerning each of the representations set forth in subsection (b) and (c), the applicant shall note the same in the disclosure statement filed with the planning director which statement shall be made available by the planning director to the public.

(e)

After the required disclosure statement has been submitted, the planning director shall examine the information provided and determine whether the information submitted is consistent with the final plat and if the information is consistent, the planning director shall approve the disclosure statement in writing within thirty-five (35) days of submission of the statement.

(f)

If it appears to the planning director that a disclosure statement is incomplete or fraudulent, the planning director shall disapprove the disclosure statement and notify the applicant for the final plat in writing within fourteen (14) days after the initial submission of the statement. Such notification shall serve to suspend the review of the final plat by any county employee or official until the applicant files such additional information, as the planning director shall require. No final plat may be certified by the planning director until such time as the planning director approves the applicant's disclosure statement.

(g)

If at any time after approval of the disclosure statement the planning director becomes aware that the disclosure statement contains false or misleading information, or that the applicant is developing in a manner inconsistent with the approved disclosure statement, the planning director shall disapprove the disclosure statement and notify the applicant in writing that the disclosure statement has been disapproved.

(h)

Subsequent to the recording of the final plat for a residential subdivision and for each phase of a multi-phase residential development, the approved disclosure statement on file with the county shall be provided by any seller to potential purchasers at the execution of the purchase and sales contract or if no such contract is executed, ten (10) days prior to the real estate closing on any property governed by this section.

(Ord. No. 19-03, Pt. I, 7-22-03)