ARIZONA STATE SENATE
Phoenix, Arizona
county land divisions;
procedures
Prescribes
the form to be used for the disclosure affidavit that is required to be
provided by the seller of five or fewer parcels of unsubdivided land in an
unincorporated area to the buyer(s) of those parcels and eliminates the size
limit on subdivisions for which a county may waive certain subdivision
requirements.
During the Fourth Special Session of the 44th Legislature in 2000, the Growing Smarter Plus Act was enacted to implement a number of the recommendations of the Governor’s Growing Smarter Commission as well as other recommendations made by growth-related working groups. (Laws 2000, Fourth Special Session, Chapter 1). This legislation 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.
Some of the modifications contained in the Growing Smarter Plus Act affected the manner in which counties regulate lot splits. Additionally, people selling five or fewer parcels of unsubdivided land in unincorporated areas are required to provide a disclosure affidavit to the buyer of the land that includes 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 provided to the property, whether emergency vehicles can access the property and other elements. S.B. 1283 codifies the actual affidavit form to be used for this disclosure and makes several modifications and clarifications to the information to be included in the affidavit.
The Growing Smarter Plus Act also granted municipalities and counties the authority to waive preliminary plat requirements as a condition of submitting a final plat and to waive or reduce infrastructure standards or requirements, except for improved dust-controlled access and minimum drainage improvements, for subdivisions of ten or fewer lots. S.B. 1283 extends this county waiver authority to any size subdivision.
1. Prescribes the form to be used for the disclosure affidavit that is required to be provided by the seller of five or fewer parcels of unsubdivided land in an unincorporated area to the buyer(s) of those parcels. Makes several modifications and clarifications to the information to be included in the affidavit.
2. Requires the disclosure affidavit to meet requirements for recording instruments with a county recorder (e.g. size of paper, type size and margin requirements).
3. Exempts from the disclosure affidavit requirement, trustees who are selling property by a trustee’s sale and officers who are selling land by execution sale as a result of a foreclosure or a judgement.
4. Eliminates the ten lot maximum limit on the number of lots in a subdivision for which a county may waive preliminary plat requirements as a condition of submitting a final plat and waive or reduce infrastructure standards or requirements, except for improved dust-controlled access and minimum drainage improvements.
5. Makes technical and conforming changes.
6. Provides for a general effective date.
1. Eliminates the proposed exemption from the disclosure affidavit for unsubdivided land for which a public report has been issued.
2.
Requires
the disclosure affidavit to meet requirements for recording instruments with a
county recorder.
3.
Exempts
from the disclosure affidavit requirement, trustees who are selling property by
a trustee’s sale and officers who are selling land by execution sale as a
result of a foreclosure or a judgement.
Removes a required element of the
disclosure affidavit, an acknowledgement of whether there is a preliminary
title report available that demonstrates legal access to the property.
NRAE 2/15/01 DPA 6-0-2 CM
3/13/01 DPA
6-0-2-2
3rd
Read 2/28/01 30-0-0 3rd Read 3/26/01 41-15-4-0
Final
Read 4/3/01 29-0-1
Signed
by the Governor 4/9/01
Chapter
86
Prepared
by Senate Staff
May
17, 2001