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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
dam safety study committee
(NOW: surveys; land divisions; county regulation)
Purpose
Modifies requirements for land division applications and prohibits a county board of supervisors (county BOS) from requiring applicants for a land division to conduct a survey as a condition of application approval.
Background
A county BOS may adopt ordinances and regulations for staff review and approval of land divisions of five or fewer lots, parcels or fractional interests that are 10 acres or smaller in size. A county is statutorily required to approve any land division application that meets statutory requirements for review of land divisions. If review of the request is not completed within 30 business days, the land division is considered approved.
Under current statute, an application to split a parcel of land must be approved if the: 1) lots, parcels or fractional interests each meet the minimum county zoning requirements of the applicable zoning designation; 2) applicant provides a standard preliminary title report or other acceptable document that demonstrates legal access to the lots, parcels or fractional interests; 3) applicant provides a statement from a licensed surveyor or engineer, or other acceptable evidence, stating whether each lot, parcel or fractional interest has physical access that is traversable by a two-wheel drive passenger motor vehicle; and 4) applicant reserves the necessary and appropriate utility easements to serve each lot, parcel or fractional interest created by the land division.
An application to split a parcel of land that does not comply with one or more of the statutory requirements must still be approved if the applicant provides a signed acknowledgement that confirms that no building or use permit will be issued by the county until the lot, parcel or fractional interest has met the requirements (A.R.S. § 11-831).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a county from requiring an applicant for a land division of five or fewer lots, parcels or fractional interests to conduct a survey as a condition of approval of the division or conveyance of the land or issuance of a building permit.
2. Removes, from the list of conditions that require approval of a land division, the requirement that the applicant provides a statement from a licensed surveyor or engineer, or other acceptable evidence, stating whether each lot, parcel or fractional interest has physical access that is traversable by a two-wheel drive passenger motor vehicle.
3. Adds, to the list of conditions that require approval of a land division, the requirement that the applicant disclose to any buyer that the applicant has not conducted a survey of the land division.
4. Allows the approval of a land division to disclose:
a) that the minimum statutory requirements for legal and physical on-site access cannot be met; and
b) any topographic, hydrologic or other site constraints, requirements or limitations, rather than identifying topographic, hydrologic or other site constraints, requirements or limitations that must be addressed as conditions to the eventual issuance of a building or use permit.
5. Removes the requirement that an application to split a parcel of land that does not comply with one or more of the conditions that require approval of a land division to still be approved if the applicant provides an acknowledgement that is signed by the applicant and that confirms that no building or use permit will be issued by the county until the lot, parcel or fractional interest has met all of the conditional requirements for land division approval with permissive authority.
6. Requires the standard preliminary title report or other acceptable document provided with an application to split a parcel of land to disclose whether there is legal access to the lots, parcels or fractional interests, rather than demonstrate that there is legal access.
7. Removes legal access from the county's authority to adopt ordinances and regulations for staff review of land divisions to determine compliance.
8. Adds, to the definition of legal access, a private right of vehicular ingress and egress between the lots, parcels or fractional interests being created.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike everything amendment relating to county regulation of land divisions.
Amendments Adopted by Committee of the Whole
1. Reinstates, to the list of conditions that require approval of a land division, the requirement that the applicant reserves the necessary and appropriate utility easements to serve each lot, parcel or fractional interest created by the land division.
2. Makes technical and conforming changes.
Senate Action
NREW 2/3/21 DP 8-0-1
Prepared by Senate Research
June 22, 2021
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