Law Book - Arizona Department of Real Estate

121 CHAPTER 28. STATE REAL ESTATE DEPARTMENT R4-28-A1207
9. The name of the person responsible for maintenance of the sewage disposal utility within the
development, other than from lot line to dwelling;
10. The name of the person who is or will be responsible for maintenance of the sewage disposal utility
outside the development;
11. What cost, if any, will the lot purchaser pay toward maintenance of the sewage disposal utility;
12. If a sewage disposal provider is a for-profit public service corporation, whether a Certificate of
Convenience and Necessity from the Arizona Corporation Commission has been issued, and if not, an
explanation of why a Certificate has not been issued;
13. A description of the type of individual sewage disposal system the lot purchaser will be required to
install in accordance with the standards and requirements of ADEQ or its designee;
14. A description of all requirements and costs involved to install an operational individual sewage
disposal system, including any cost for governmental licensing and permitting, equipment, and other
installation, maintenance, and operation costs;
15. If an operational individual sewage disposal system cannot be installed, will the lot purchaser be
offered a refund of the purchase price, and if so, an explanation of any condition or restriction
involving the refund; and
16. If a dry sewer system will be installed for future connection to a future provider, the name of the future
provider, all requirements and costs for lot purchasers, and the estimated connection date.
Historical Note
Section R4-28-A1206 adopted by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1).
R4-28-A1207. Streets and Access
A. The applicant shall include a statement attesting that:
1. Exterior streets providing access are private; or federal, state, and county highways; or municipal
streets;
2. The interior streets are public or private; and
a. If any streets are private, a description of what provisions have been made to assure purchasers of
a legal right to use the private streets;
b. Whether the streets are completed;
c. The standards to which the streets will be or are constructed;
d. If the streets are not completed, the person responsible for completion and the estimated
completion date;
e. The type of existing and proposed surfacing;
f. The cost, if any, the lot purchaser will pay toward street completion;
g. The name of the person responsible for exterior and interior street maintenance;
h. Whether a city or county is responsible for maintaining the streets and the approximate date when
streets will be accepted for maintenance; and
i. The cost, if any, the lot purchaser will pay toward street maintenance.
B. The applicant shall demonstrate that there is permanent access to the land over terrain that may be
traversed by conventional 2-wheel drive automobiles and emergency vehicles by providing any of the
following information or documents necessary to make the demonstration:
1. A statement from a title insurance company, signed by an authorized title officer, affirming that legal
access exists to the development and lots within the development. The statement shall:
a. Describe the legal access by listing all recorded instruments which establish legal access,
b. Be accompanied by a map on which legal access is shown with accurate references to the recorded
instruments,
c. Be accompanied by a legible copy of each recorded instrument listed in the statement.
2. A statement bearing the seal and signature of a registered land surveyor or professional engineer,
affirming that legal access to and within the development, as described in the title insurance company
legal access statement, is over terrain that can be traversed by conventional 2-wheel drive
automobiles and emergency vehicles. The statement shall affirm that:
a. The legal access corresponds with the actual physical access to the development and to the lots,
b. The legal access is permanent and describe how that permanence is assured.
3. The recorded subdivision map which shows approval by the applicable city or county officials.
4. Recorded easements or road dedications whether public or private. If private, the applicant shall ensure
that development lot owners, emergency vehicles, and utility service providers have access rights.
5. Land, on which easements and roads are provided, is traversable by conventional 2-wheel drive
automobiles and emergency vehicles.
6. Road maintenance programs that assure permanent access. Road maintenance programs include those
administered by city or county governments, city or county improvement districts, or private property
owner associations.