§ 34-2-104. CONVEYANCE OF IMPROVED LOT.
(a)
Yield and quality requirements. Except as otherwise provided in this section, there may not be a conveyance of an improved lot that is not served by a public or community water supply system unless it has a water supply that meets the requirements of § 34-2-102(a) and (b) of this title.
(b)
Waiver authorized.
(1)
The prospective buyer or buyers of an improved lot not served by a public or community water supply system may waive the yield test, the chemical quality test, or both tests and take conveyance of the improved lot but only after:
(i)
Witten notice to the buyer or buyers of the provisions of subsection (a) of this section in the form set forth in subsection (c) of this section; and
(ii)
A written waiver in the form prescribed in subsection (d) of this section filed by the buyer or buyers with the Department of Environmental Protection and Sustainability at least 6 days before settlement or the date of conveyance to buyer or buyers, whichever occurs first.
(2)
(i)
The written waiver is not effective until the sixth day after filing.
(ii)
During the 5 days immediately preceding the effective date, the buyer or buyers may revoke the waiver on written notice of revocation delivered or mailed by certified mail, postage prepaid, return receipt requested, to seller or sellers or their agent or agents at seller's home or business address or the business address of seller's agent within the five-day period.
(iii)
Date of delivery includes the date of mailing.
(c)
Waiver - Form of notice. The form of written notice to buyer or buyers shall be as follows:
Notice of well water law
Since the property to be purchased by buyer(s) will be served by a private water supply system as the source of domestic water, the law of Baltimore County requires that, prior to conveyance of such property to any buyer(s), seller(s) must provide a well with a supply of water meeting the minimum water yield requirements and bacteriological and chemical quality standards of § 34-2-102(a) and (b) of the Baltimore County Code. Buyer(s) is further advised that the quantity and quality of water is important and that, unless buyer(s) specifically executes a waiver of testing for minimum water yield and chemical quality standards, such tests must be made on the well existing on the property to be purchased by buyer(s) to determine whether same meets the minimum requirements established by Baltimore County Code. Any waiver of these testing requirements must be filed by buyer(s) on the form prescribed by the Baltimore County Code and filed with the Baltimore County Department of Environmental Protection and Sustainability at least six (6) days prior to settlement and/or the date of conveyance to buyer(s), whichever shall first occur. Any such waiver may be revoked by buyer(s) upon written notice of such revocation delivered or mailed by certified mail, postage prepaid, return receipt requested, to seller(s) or seller's(s') agent at seller's(s') home or business address or the business address of seller's(s') agent within five (5) days of the date of the aforesaid filing with the Department of Environmental Protection and Sustainability. Date of delivery includes the date of mailing as aforesaid.
(d)
Same - Form of waiver. The written waiver shall be a document separate from any other document and shall contain only the following with respect to each of the aforesaid tests to be waived:
Waiver of minimum well test
Prior to conveyance
Buyer(s) hereby acknowledges that buyer(s) is aware that the property buyer(s) intends to purchase will be served by a private water supply system as the source of domestic water, that water quantity is most important for residential use of property, and that § 34-2-102(a) of the Baltimore County Code requires seller(s) to provide a well with a supply of water meeting certain minimum water yield requirements.
Nevertheless, buyer(s) specifically elects to waive the requirement that the well on the property to be purchased by buyer(s) must be tested to determine whether same satisfies the minimum yield requirements of the Baltimore County Code prior to settlement and/or the date of conveyance to buyer(s), whichever shall first occur; and buyer(s) elects to accept conveyance of the property located at ________ consisting of ________ acres without the test for minimum water yield as provided by law, and knowingly and voluntarily executes this waiver on this ________ day of ________, 2________.
Witness:
_______ (Buyer) _______ (Buyer) (Address) (Address) (Telephone No.) (Telephone No.) Waiver to chemical quality test
Prior to conveyance
Buyer(s) hereby acknowledges that buyer(s) is aware that the property buyer(s) intends to purchase will be served by a private water supply system as a source of domestic water, that water quality is most important for residential use of property, and that § 34-2-102(b) of the Baltimore County Code requires seller(s) to provide a well with a supply of water meeting certain chemical quality standards. Nevertheless, buyer(s) specifically elects to waive the requirement that the well on the property which buyer(s) intends to purchase must be tested to determine whether same satisfies the chemical quality standards of the Baltimore County Code prior to settlement and/or the date of conveyance to buyer(s), whichever shall first occur; and buyer(s) elects to accept conveyance of the property located at ________ consisting of ________ acres without the chemical quality test provided by law, and knowingly and voluntarily executes this waiver on this ________ day of ________, 2________.
Witness:
_______ _______(Buyer) _______ _______(Buyer) _______(Address) _______(Address) _______(Telephone No.) _______(Telephone No.) (e)
Waiver of lesser yield.
(1)
If the water supply of an improved lot governed by this title fails to meet the minimum yield requirements of § 34-2-102(a) of this title, the buyer or buyers may execute a waiver accepting the lesser yield.
(2)
The waiver shall:
(i)
Be a document separate from any other document;
(ii)
State how the water supply fails to meet the yield requirements of § 34-2-102(a) of this title;
(iii)
Be signed by the buyer or buyers;
(iv)
Include addresses and phone numbers for all the buyers and be dated; and
(v)
Be filed with the Department of Environmental Protection and Sustainability at least 6 days before settlement or the date of conveyance to buyer or buyers, whichever occurs first.
(3)
(i)
The written waiver is not effective until the sixth day after filing.
(ii)
During the 5 days immediately preceding the effective date, the buyers may revoke the waiver on written notice of revocation delivered or mailed by certified mail, postage prepaid, return receipt requested to sellers or their agents at seller's home or business address or the business address of the seller's agent within the five-day period.
(iii)
Date of delivery includes the date of mailing.
(1988 Code, § 35-39) (Bill No. 173, 1989, § 31-26-1990; Bill No. 26-01, § 2, 7-1-2004; Bill No. 122-10, § 14, 1-16-2011)