(A) Residential disclosure statement requirement. All development property shall be encumbered by a residential disclosure statement as provided in this section.
(B) Preparation and recording by responsible party. The responsible party shall prepare and record the residential disclosure statement against the development property. The residential disclosure statement shall be approved by the village prior to execution by the village of any plat or subdivision or annexation agreement for the development property. The residential disclosure statement shall be recorded against all parcels of property within the development property simultaneously with the recording of the final plat of subdivision for the development property.
(C) Display of residential disclosure statement. Copies of the residential disclosure statement shall be displayed by, and distributed on request to every homebuyer by the responsible party in each sales center, sales trailer and model home related to the development property, in the same place and manner as the community information provided for in § 154.024.
(D) Content of disclosure statement. Each residential disclosure statement shall include at least all of the following information:
(1) All existing zoning classifications and proposed land uses within and abutting the development property;
(2) The names of all current owners and beneficiaries of the development property;
(3) The names, addresses and telephone numbers of all persons or entities that have maintenance responsibility for any portion of the development property and information relating to the timing and method of any transfer of maintenance responsibilities;
(4) A description of all improvements planned for and features of the development property, including without limitation open space areas, bike trails, parks, school sites and detention/retention areas and delineation and designation of all wetlands and floodplains;
(5) A description of all public improvements planned for the development property, including without limitation roadways, utilities, pipelines and overhead power lines and the companies and entities that shall own, or have jurisdictional authority over those improvements;
(6) Identification of all existing and proposed major public facilities, utilities and other significant features within 1,000 feet of any portion of the development property, including without limitation waste disposal sites, schools, public buildings, parks, thoroughfares, airports and major commercial developments. Most of this information is available to the responsible party from the village;
(7) All governmental entities, including name, address, telephone number and contact person, with taxing authority and jurisdiction over any portion of the development property, including without limitation the following entities:
(a) The Village of Matteson;
(b) Each applicable school district;
(c) Any library district;
(d) Any sanitary sewer district; and
(e) Rich Township.
(8) A list of available upgrade options, available to the contract purchaser;
(9) An acknowledgment to be signed by the contract purchaser that he or she has received information regarding permissible hours for construction activities in the village; and
(10) An acknowledgment to be signed by the contract purchaser that he or she has received all applicable homeowner’s association by-laws, covenants and other documents.
(E) Display of community information. The responsible party shall cause to be displayed prominently in each sales center, sales trailer and model home related to the development property all of the information listed in this division (E). Such information shall be assembled by the responsible party. The contents of such information and its intended display location shall be reviewed and approved by the village prior to the issuance by the village of any occupancy from any such sales issuance by the village of any occupancy from any such sales center, sales trailer or model home. The information shall include at least the following:
(1) Current copies of the village’s official zoning map, comprehensive plan map and bike path map;
(2) A current village street map;
(3) A site plan of the development depicting or describing the zoning, existing and proposed land uses, lot lines and all major development elements including without limitation open space areas, roadways, sidewalks, bicycle paths, playgrounds, landscaping, detention and retention areas, above-ground utilities and other such improvements. Such site plan shall include the date on which it was prepared;
(4) A map or graphic indicating within 1,000 feet of the development property; existing zoning and land uses and if different the recommended land uses from the comprehensive plans of the village, adjoining municipalities and the county, all existing and proposed public roadways, public open spaces, bicycle paths, detention and retention areas and major above-ground utilities. Most of the information is available to the responsible party from the village. Such map or graphic shall include the date on which it was prepared; and
(5) A list of all taxing districts serving the development, including each district’s telephone number and address of its main office.
(F) Homebuyer acknowledgment requirement. The responsible party shall obtain an executed and dated acknowledgment from each contract purchaser that such contract purchaser has received the residential disclosure statement, has had the opportunity to review the community information provided for in this section and has received a copy of the contract purchaser survey provided for in this section. The responsible party shall file such executed and dated acknowledgment with the village at the time of application for a building permit for the dwelling for which the contract purchaser has signed a contract and shall provide a copy of such acknowledgment to the contract purchaser. No building permit shall be issued by the village for said dwelling until after such executed and dated acknowledgment has been filed with the village. In the event the dwelling is constructed prior to execution of a contract for that dwelling by a contract purchaser, or in the event that the contract purchaser for a dwelling changes, the responsible party shall obtain an executed and dated acknowledgment from a contract purchaser at least 45 days prior to the respective closing date for the dwelling and file it with the village prior to issuance by the village of any certificate of occupancy for such dwelling.
(G) Contract purchaser survey. The responsible party shall provide to each contract purchaser a contract purchaser survey on a form provided by the village. Any contract purchaser may complete and submit to the village a contract purchaser survey at any time within one year after the date of closing of the contract purchaser dwelling within the development property. The village shall cause one copy of all surveys so filed with the village to be kept on file with the village and made available for public inspection on request. The survey form provided by the village may be revised from time to time and generally shall request the following information and questions:
(1) Name of development/subdivision;
(2) Name and address of builder/developer;
(3) Telephone numbers of builder/developer;
(4) Name of buyers (optional);
(5) Address of buyers (optional);
(6) Telephone number of buyers (optional);
(7) Date of purchase contract;
(8) Date of closing;
(9) Was your salesperson knowledgeable about the development and the village?
(10) Was your salesperson knowledgeable about the residential disclosure? Requirements?
(11) How did you find the service of the builder/developer during the building of your home?
(12) Was the builder/developer knowledgeable?
(13) Did the builder/developer answer your questions to your satisfaction?
(14) Were there problems completing the house and, if so, what were they?
(15) Was your home completed at the time of closing and, if not, what work remained to be done?
(16) How did you find the service of the builder/developer after the closing of your home?
(17) If there was work remaining to be completed at closing, was the work completed in a reasonable time period?
(18) Were there problems completing the unfinished work, if so, what were they?
(19) Did your builder/developer complete the 90-day list within a reasonable period of time?
(20) Were there problems completing the unfinished work, if so, what were they?
(21) Did your builder/developer complete the six-month list in a reasonable period of time?
(22) Were there problems completing the unfinished work, if so, what were they?
(23) Did the builder/developer have a service department that took care of your problems and questions?
(24) If the builder/developer did have a service department, how did the department take care of your problems and questions? and
(25) Do you have additional comments?
(H) Declaration of public nuisance. Violation of this section is hereby declared a public nuisance, which a court may abate in the manner provided by law including imposition of an injunction terminating any development on any property for which this Chapter 154 has not been complied with as determined by the Village Administrator or his or her designee.
(I) Adoption of forms by reference. The following forms, attached to Ord. 3020, passed June 18, 2007, are hereby adopted by reference as if fully set forth herein:
(1) Village of Matteson Residential Information and Disclosure Form;
(2) Village of Matteson Contract Purchaser Acknowledgment Statement; and
(3) Village of Matteson Contract Purchaser Survey.
(2000 Code, § 155.020) (Ord. 3020, passed 6-18-2007) Penalty, see § 154.999