Law Book - Arizona Department of Real Estate

119 CHAPTER 28. STATE REAL ESTATE DEPARTMENT R4-28-A1204
4. Monuments, distances, and bearings; and
5. Registered land surveyor certification.
B. The applicant shall identify the location of the development, including the street, city, county, and state,
and:
1. The miles and direction from the nearest city or town, if applicable; and
2. The most direct route for getting to the development from a federal, state, county, or city road.
C. The application shall include a description of the physical characteristics of the land and any unusual
factors that may affect it, such as if it has level or hilly terrain, rocky, loose, or alkaline soil, and
1. The gross acreage of the development;
2. The total number of lots within the development, including a description of phasing, if applicable; and
3. Whether and how lots are permanently or temporarily staked or marked for easy location.
Historical Note
Section R4-28-A1202 adopted by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1).
R4-28-A1203. Flood and Drainage; Land Uses; Adverse Conditions
The applicant shall state, or include as applicable:
1. Whether the development is subject to any known flooding or drainage problems and a letter bearing
the signature and seal of a professional civil, city, and county engineer, or county flood district
detailing the drainage conditions and flood hazards. The letter shall include the effect of any flood
plain and its location, the effect of a 100 year frequency storm, and whether flood insurance is
required.
2. Whether the development lots are subject to subsidence or expansive soils. If subsidence or expansive
soils exist, a professional engineer’s letter addressing the effects of the condition, remedies, and a
buyer’s on-going responsibilities in plain language;
3. A description of the existing and proposed land uses in the vicinity of the development that may cause
a nuisance or adversely affect lot owners, such as freeways, airports, sewer plants, railroads, and
canals, including:
a. Any unusual safety factors within or near the development, and
b. A description of all current and proposed adjacent land uses.
4. Whether the development is affected by any unusual or unpleasant odors, noises, pollutants, or other
nuisances;
5. A description of any agricultural activity or condition in the area that may adversely affect a lot owner,
including any odors, cultivation and related dust, agricultural burning, application of pesticides, or
irrigation and drainage;
6. Whether the development lots are subject to any known geological or environmental condition that
would or may be detrimental to a purchaser’s health, safety, or welfare; or
7. Whether the development lots are located within the boundary of a federal, designated Superfund site
or a state designated Water Quality Assurance Revolving Fund site.
Historical Note
Section R4-28-A1203 adopted by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1).
R4-28-A1204. Utilities
The applicant shall include information about electrical, telephone, and natural gas utilities available to the
development, including:
1. The names, addresses, and telephone numbers of the electrical, telephone, and natural gas company
that will provide service;
2. The location of existing electrical, telephone, and natural gas utilities in relation to the development;
3. The name of each person responsible for extending each utility to the lot lines;
4. The estimated completion date for extending each utility to the lot lines;
5. If the developer will only install conduit, a description of the arrangement made to complete operational
utilities to lot lines;
6. The estimated cost a lot purchaser will be required to pay for completion of each utility to the
purchaser’s lot line, and, if the offer is for unimproved lots, the estimated costs to provide service from
the lot line to the dwelling;
7. Upon completion of the utilities, other costs or requirements that must be addressed before the lot
purchaser receives service, including the current service charges, hookup fees, turn-on fees, meter
fees, and fees for pulling wire through conduit;
8. If propane gas will be used, a letter from the supplier stating that it will be providing service to the
development, with a description of requirements to be met and costs to be paid by the lot purchaser
for receiving the service; and