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Upon any transfer of real property by any means, the transferor shall provide the purchaser or lessee a statement specifically advising the purchaser or lessee of the existence of this chapter which shall be in substantially the form set forth in the "Real Estate Transfer Disclosure Statement."
(Ord. 2022-14, passed 8-25-2022)
Any person who violates any provision of § 160.05 is guilty of an infraction punishable by a civil penalty not exceeding $100. Failure to comply with any provision of this right to farm notice and real estate transfer disclosure section shall not prevent the recording of any document, or the title to real property or any mortgage or deed of trust made in good faith or for value, and it shall not affect the application of this chapter.
(Ord. 2022-14, passed 8-25-2022)
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED IN THE COUNTY OF CARROLL, STATE OF MARYLAND, DESCRIBED AS ________________________. THIS STATEMENT IS A DISCLOSURE OF THE EXISTENCE OF THE CARROLL COUNTY RIGHT TO FARM ORDINANCE IN COMPLIANCE WITH §§ 150.55 THROUGH 150.59 OF THE CODE OF PUBLIC LOCAL LAWS AND ORDINANCES OF CARROLL COUNTY (RIGHT TO FARM).
SELLER’S INFORMATION
THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.
AGRICULTURAL OPERATIONS (as defined in §§ 150.55 through 150.59) LAWFULLY EXIST IN ALL ZONING DISTRICTS WITHIN THE COUNTY. You may be subject to inconveniences or discomforts arising from such operations, including but not limited to noise, odors, fumes, dust, flies, the operation of machinery of any kind during any 24-hour period (including aircraft), vibration, the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, and pesticides. Carroll County has determined that inconveniences or discomforts associated with such agricultural operations shall not be considered to be an interference with reasonable use and enjoyment of land, if such operations are conducted in accordance with generally accepted agricultural management practices. Carroll County has established a reconciliation committee to assist in the resolution of disputes which might arise between persons in this county regarding whether agricultural operations conducted on agricultural lands are causing an interference with the reasonable use and enjoyment of land or personal well-being and whether those operations are being conducted in accordance with generally accepted agricultural practices. If you have any questions concerning this policy or the Carroll County Agricultural Reconciliation Committee, please contact the Carroll County Land Use, Planning, and Development Department, or its successor agency, for additional information.
Seller _________________________ Date: ____________________
Seller _________________________ Date: ____________________
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT:
Buyer__________________________ Date:____________________
Buyer__________________________ Date:____________________
IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.
(2004 Code, Ch. 173, Attachment A) (Ord. 127, passed 12-2-1994; Ord. 2022-11, passed 8-25-2022)
Carroll County recognizes and supports the right to farm agricultural lands in a manner consistent with generally accepted agricultural management practices. Residents of property on or near agricultural land should be prepared to accept the inconveniences or discomforts associated with agricultural operations, including but not limited to noise, odors, flies, fumes, dust, the operation of machinery of any kind during any 24-hour period (including aircraft), vibration, the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. Carroll County has determined that inconveniences or discomforts associated with such agricultural operations shall not be considered to be an interference with reasonable use and enjoyment of land, if such operations are conducted in accordance with generally accepted agricultural practices. Carroll County has established the Agricultural Reconciliation Committee (“Committee”) to assist in the resolution of disputes which might arise between persons in this county regarding whether agricultural operations conducted on agricultural lands are causing an interference with the reasonable use and enjoyment of land or personal well-being and whether those operations are being conducted in accordance with generally accepted agricultural practices. If you have any questions concerning this policy or the Committee, please contact the Land Use, Planning, and Development Department, or its successor agency.
(2004 Code, Ch. 173, Attachment B) (Ord. 127, passed 12-2-1994; Ord. 2022-11, passed 8-25-2022)