ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	House: NREW DP 6-4-0-0

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HB 2057: land divisions; county regulation; surveys

Sponsor:  Representative Griffin, LD 14

House Engrossed

Overview

Prohibits a county from requiring a land division applicant to survey the land before receiving approval to divide or convey the land or issue a building permit.

History

A county board of supervisors (Board) can adopt ordinances and regulations for reviewing and approving applications to divide lands of five or fewer lots, parcels or fractional interests (lots), each of which must be ten acres or smaller. A Board must approve an application if:

1) Each lot meets the minimum applicable county zoning requirements;

2) The applicant provides a standard preliminary title report or other documentation that shows legal access to the lots;

3) The applicant provides evidence from a professional indicating if each lot has physical access that can accommodate a car; and

4) The applicant reserves appropriate utility easements to serve each lot created by the land division.

An applicant who does not comply with these requirements can still be approved if the applicant provides written acknowledgment that no building or use permit will be issued by the county until the lot has met these requirements.

A Board can grant a variance from any of these requirements. If a review is not completed within 30 days of receiving the application, the land division is considered approved (A.R.S. § 11-831).

Provisions

1. Prohibits a county from requiring a land division applicant to conduct a survey as a condition for approving the land division or conveyance of the land or issuing a building permit. (Sec. 1)

2. Clarifies that an application to split a parcel will be approved, in part, if the applicant provides a standard preliminary title report or other acceptable document disclosing if there is legal access to the lots, parcels or fractional interests. (Sec. 1)

3. Repeals requirements that, for an application to split a parcel to be approved, an applicant must:

a) Provide a statement from a licensed surveyor or engineer indicating if a two-wheel drive car can physically access each lot, parcel or fractional interest;

b) Reserve the necessary and appropriate utility easements for each lot, parcel or fractional interest;

c) Provide, for an application that does not comply with statutory requirements, a signed acknowledgment confirming that the county will not issue a building or use permit until the lot, parcel or fractional interest complies with statutory requirements. (Sec. 1)

4. Specifies that any land division approval:

a) May disclose that minimum statutory requirements for legal and physical on-site access cannot be met.

b) Does not need to disclose topographic, hydrologic or other site constraints, requirements or limitations that must be addressed as conditions for issuing a building or use permit.  (Sec. 1)

5. Repeals a county's authority to adopt ordinances and regulations for staff review of land divisions to determine compliance with minimum applicable legal access and grant waivers from legal access requirements. (Sec. 1)

6. Redefines legal access to include a private right of vehicular ingress and egress between lots, parcels or fractional interests being created. (Sec. 1)

7. Deletes the definition for utility easement. (Sec. 1)

8. Makes technical and conforming changes. (Sec. 1)

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12.                   HB 2057

13. Initials PAB           Page 0 House Engrossed

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