11-809

11-809. Review of land divisions;
definitions

(Rpld. 10/1/11)

A. The board of supervisors of each county may adopt ordinances and regulations
pursuant to this section for staff review and approval of land divisions of five or fewer
lots, parcels or fractional interests, any of which is ten acres or smaller in size. The
county may not deny approval of any land division that meets the requirements of this
section. If review of the request is not completed within thirty days after receiving the
request, the land division is considered to be approved. At its option, the board of
supervisors may submit a ballot question to the voters of the county to allow the voters
to determine the application of subsections B and C to qualifying land divisions in that
county.

B. An application to split a parcel of land shall be approved if:

1. The lots, parcels or fractional interests each meet the minimum applicable
county zoning requirements of the applicable zoning designation.

2. The applicant provides a standard preliminary title report or other acceptable
document that demonstrates legal access to the lots, parcels or fractional interests.

3. 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.

4. The applicant reserves the necessary and appropriate utility easements to serve
each lot, parcel or fractional interest created by the land division.

C. An application to split a parcel of land that does not comply with one or more
of the items listed in subsection B shall still be approved if the applicant provides an
acknowledgment 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
the requirements of subsection B. The county may grant a variance from one or more of
the items listed in subsection B.

D. Any approval of a land division under this section may:

1. Include the minimum statutory requirements for legal and physical on-site access
that must be met as a condition to the issuance of a building or use permit for the lots,
parcels or fractional interests.

2. Identify 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. These constraints, requirements or limitations may be as noted by the
applicant or through county staff review, but there shall be no requirement for
independent studies.

E. If the requirements of subsections A through D do not apply, a county may adopt
ordinances and regulations pursuant to this chapter for staff review of land divisions of
five or fewer lots, parcels or fractional interests but only to determine compliance with
minimum applicable county zoning requirements and legal access, and may grant waivers
from the county zoning and legal access requirements. The county may not deny approval of
any land division that meets the requirements of this section or where the deficiencies
are noticed in the deed. A county may not require a public hearing on a request to divide
five or fewer lots, parcels or fractional interests, and if review of the request is not
completed within thirty days from receipt of the request, the land division shall be
deemed approved. If no legal access is available, the legal access does not allow access
by emergency vehicles or the county zoning requirements are not met, the access or zoning
deficiencies shall be noticed in the deed. If a county by ordinance requires a legal
access of more than twenty-four feet roadway width, the county is responsible for the
improvement and maintenance of the improvement. If the legal access does not allow
access to the lots, parcels or fractional interests by emergency vehicles, neither the
county nor its agents or employees are liable for damages resulting from the failure of
emergency vehicles to reach such lot, parcel or fractional interest.

F. It shall be unlawful for a person or group of persons acting in concert to
attempt to avoid the provisions of this section or the subdivision laws of this state by
acting in concert to divide a parcel of land into six or more lots or sell or lease six
or more lots by using a series of owners or conveyances. This prohibition may be
enforced by any county where the division occurred or by the state real estate department
pursuant to title 32, chapter 20.

G. In this section:

1. "Legal access" means a public right of vehicular ingress and egress between the
lots, parcels or fractional interests being created.

2. "Minimum applicable county zoning requirements" means the minimum acreage and
dimensions of the resulting lot, parcel or fractional interest as required by the
county's zoning ordinance.

3. "Utility easement" means an easement of eight feet in width dedicated to the
general public to install, maintain and access sewer, electric, gas and water utilities.