ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: LARA DP 8-0-0-1

HB 2091: land division; applicant submissions; review

Sponsor: Representative Griffin, LD 19

Caucus & COW

Overview

Instructs an applicant for a building permit for new construction of a residential single-family home and an applicant for a land division to identify ownership interests in the property.

History

Currently, a county board of supervisors (BOS) may adopt land division ordinances to split a parcel of land into five or fewer lots, parcels or fractional interests, each of which is 10 acres or smaller. A land division application may be approved if certain statutory requirements are met. If an application does not comply with the requirements, the application may still be approved if the applicant confirms that no building or use permit will be issued until the lot, parcel or fractional interest complies with all statutory requirements. A BOS may also grant a variance to any of the requirements (A.R.S. § 11-831).

Provisions

1. Requires an applicant for a building permit for new construction of a residential single-family home and an applicant for a land division to identify ownership interests in the property. (Sec. 1 and 2)

2. Provides that an application to split a parcel of land must be approved if the applicant provides an answer to the following two questions:

a) "Do you or any corporation or limited liability corporation that you are a member, manager or owner of or an independent contractor for own or represent any property that is in the same tax parcel map or subdivision as the lots, parcels or fractional interests that are the subject of this application?"; and

b) "Have you or any corporation or limited liability corporation that you are a member, manager or owner of or an independent contractor for divided, sold or leased any property within the last ten years that is in the same tax parcel map or subdivision as the lots, parcels or fractional interests that are the subject of this application?" (Sec. 2)

3. Adds attestation language to be included in an application for a land division. (Sec. 2)

4. Specifies that compliance is not essential to the public interest for lots, parcels or fractional interests that have been included with a previous public report approved within the last 10 years where the applicant attests there are no material changes altering the facts of the report. (Sec. 3)

5. Excludes, from statutory compliance requirements, lots, parcels or fractional interests if all the following criteria are met:

a) are owned by a financial institution as a result of foreclosure;

b) are being sold by or on behalf of the financial institution by a real estate licensee; and

c) have been included with a previous public report that was approved within the last 10 years and no material changes have occurred within the report. (Sec. 3)

6. Makes technical and conforming changes. (Sec. 1 and 2)

9. ---------- DOCUMENT FOOTER ---------

10. HB 2091

11. Initials BSR Page 0 Caucus & COW

12.

13. ---------- DOCUMENT FOOTER ---------