lot splits; disclosure
affidavits
DPA |
Committee on Counties & Municipalities |
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dpa |
Caucus and COW |
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dpa |
Third Read |
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dpa |
As Passed the House |
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As Transmitted to the Governor |
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HB 2644 expands the requirements for approving application to split a parcel of land to include an applicant who reserves the necessary and appropriate utility easements to serve each lot, parcel or fractional interest created by the land division. Additionally, HB 2644 makes various changes to 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.
Current statute stipulates that an application to split a parcel of land shall be approved if the lots, parcels or fractional interests each meet minimum zoning requirements of the applicable zoning designation, the applicant provides a standard preliminary title report or other acceptable document demonstrating legal access to the lots, parcels or fractional interests and if the applicant provides a statement from a licensed surveyor or engineer, or other evidence acceptable to the county, stating whether each lot, parcel or fractional interest has physical access that is traversable by a two-wheel drive passenger motor vehicle.
Laws 2000, Fourth Special Session, Chapter 1, enacted the state's Growing Smarter Plus Act (Act). 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, and whether emergency vehicles can access the property and other relevant information.
· Includes an applicant who reserves the necessary and appropriate utility easements to serve each lot, parcel or fractional interest created by the land division under the requirements by which an application to split a parcel of land shall be approved.
· Defines utility easement.
· States that the seller of land shall record the affidavit at the same time that the deed is recorded.
· Adds language to the disclosure affidavit that states if a portion or all of the property is located in a FEMA designated regulatory floodplain, it may be subject to floodplain regulation.
· Adds a question of whether or not an on-site wastewater treatment facility has or has not been inspected to the disclosure affidavit.
· Stipulates that a property owner may not be able to obtain a building permit if statutory requirements are not met.
· Adds an accountability statement to the disclosure affidavit.
· Makes other technical and conforming changes.
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45th
Legislature
Second
Regular Session 2 June 4, 2002
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