county land divisions;
procedures
SB 1283 outlines the form to be used for the disclosure affidavit that is mandated to be provided by the seller of 5 or fewer parcels of unsubdivided land in an unincorporated area to the buyer of those parcels. Additionally, SB 1283 eliminates the size limit on subdivisions for which a county may waive certain subdivision requirements.
Laws 2000, Fourth Special Session, Chapter 1, enacted the state’s Growing Smarter Plus Act (Act). The Act in general addressed local planning tools, citizen participation in planning, use and management of state trust lands, acquisition of open space and protection of private property rights.
The Act required people selling five or fewer parcels of unsubdivided land in an unincorporated area to provide a disclosure affidavit to the buyer(s) of those land parcels. The legislation required the affidavit to include information such as whether there is legal and physical access to the property, the location of such access, who maintains the roads, whether the property is in a floodplain, what utilities are available, how water is distributed to the property, whether emergency vehicles can access the property and other relevant information.
Additionally, the Act gave counties and municipalities the authority to waive preliminary plat requirements and the authority to waive or reduce infrastructure standards or requirements, except for improved dust-controlled access and minimum drainage improvements, for subdivisions containing ten or fewer lots.