ARIZONA STATE SENATE
Phoenix, Arizona
lot splits; disclosure
affidavits
Purpose
Requires the reservation of
utility easements in order to receive county approval of a lot split.
Background
In 1998, legislation
commonly known as the Growing Smarter Act was enacted to create an urban growth
management framework to address the problems associated with urban growth.
Generally, this legislation (Laws 1998, Chapter 204) strengthened land planning
processes by enhancing the requirements for general and comprehensive plans,
provided for the acquisition and preservation of open space areas through a
variety of planning and purchasing mechanisms and created a Growing Smarter
Commission to make recommendations for long-term growth management.
The Growing Smarter Plus Act of 2000 (Laws 2000,
Fourth Special Session, Chapter 1) continued the legislative effort to manage
urban growth by conserving state trust land with ecological, historical and
archaeological value that meets established criteria and authorizing a number
of growth management tools. One of the
provisions of the Growing Smarter Plus legislation was a requirement that the
seller of five or fewer parcels of land that are not subdivided provide a
disclosure affidavit to the buyer at least seven days before the property is
transferred that includes information on legal and physical access to the
property, maintenance of the roads, floodplain and flood history, utilities,
water and sewer service, emergency vehicle access and other elements. The executed affidavit must be recorded at
the time of transfer of the deed.
Growing Smarter Plus also
allowed a county board of supervisors to adopt ordinances for review of land
divisions of five or fewer lots, any of which are ten acres or smaller in
size. County approval of an application
to split a parcel is required if each lot created by the split meets county
zoning requirements, legal access to the lots is demonstrated and there is
physical access to the lots by a two-wheel drive passenger vehicle.
H.B. 2644 further requires
that appropriate utility easements be reserved for each lot created in a lot
split, and adds disclosures to the affidavit provided to buyers.
There is no anticipated
fiscal impact to the state general fund relating to the provisions of this
bill.
Provisions
1. Adds to the requirements for obtaining county approval of land divisions that appropriate utility easements be reserved for each lot created by the division.
2. Adds the following disclosures to the affidavit:
a)
Property
in a floodplain may be subject to floodplain regulation.
b)
Whether
an on-site wastewater treatment facility has been inspected.
c)
Property
that does not meet county requirements for land divisions may not be able to
obtain a building permit.
d)
A
certification under penalty of perjury that the information contained in the
affidavit is true, complete and correct.
3. Transfers the affidavit requirement by sellers of five or fewer parcels of land from county statutes to property statutes.
4. Defines utility easement.
5. Makes technical, clarifying and conforming changes.
6. Provides for a general effective date.
House Action
CM 3/19/02 DPA 10-0-0-0
3rd Read 4/8/02 46-3-11-0
Prepared by Senate Staff
April 15, 2002