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| 56 | 55 | | AN ACT |
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| 60 | 59 | | amending sections 11-269.27, 11-822 and 11-823, arizona revised statutes; relating to county planning. |
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| 66 | 65 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 69 | 68 | | |
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| 70 | 69 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 11-269.27, Arizona Revised Statutes, is amended to read: START_STATUTE11-269.27. Administrative review and approval; self-certification program; expedited approval; definitions A. Notwithstanding any other law, the board of supervisors of a county may by ordinance do the following: 1. Authorize administrative personnel to review and approve site plans, development plans, land divisions, lot line adjustments, lot ties, assurances, preliminary plats, final plats and plat amendments without a public hearing held by the board of supervisors. 2. Authorize administrative personnel to review and approve design plans based on objective standards without a public hearing. 3. Adopt a self-certification program allowing registered architects and professional engineers to certify and be responsible for compliance with all applicable ordinances and construction standards for projects that the ordinance identifies as being qualified for self-certification. 4. Allow at-risk submittals for certain on-site preliminary grading and drainage work or infrastructure. 5. Allow applicants with a history of compliance with building codes and regulations to be eligible for expedited permit review. B. Applications for a license pursuant to this section are subject to chapter 11, article 1 of this title. C. For the purposes of this section: , 1. "license" has the same meaning prescribed in section 9-831. 2. "Objective" means not influenced by personal interpretation, taste or feelings of a county employee and verifiable by reference to an adopted benchmark, standard or criterion available and knowable by the applicant or proponent. END_STATUTE Sec. 2. Section 11-822, Arizona Revised Statutes, is amended to read: START_STATUTE11-822. Subdivision approval; platting regulations; violation; classification; easement vesting A. No A plat of a subdivision of land within the area of jurisdiction of the county shall not be accepted for recording or recorded until it has been approved by the board or a county employee who is authorized by the adopted county ordinance. The approval of the board or a county employee who is authorized by the adopted county ordinance shall be endorsed in writing on the plat and shall also include specific identification and approval of the assurances, except those for hiking and equestrian trails required by this section. If a county planning and zoning commission exists, the plat may be referred to the commission for its consideration and the board may receive the recommendation of the commission. If the subdivision is comprised of subdivided land lands, as defined in section 32-2101, and is within an active management area, as defined in section 45-402, the plat shall not be approved unless it is accompanied by a certificate of assured water supply issued by the director of water resources, or unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply by the director of water resources pursuant to section 45-576 or is exempt from such a requirement pursuant to section 45-576. The board shall note on the face of the plat that a certificate of assured water supply has been submitted with the plat or that the subdivider has obtained a commitment of water service for the proposed subdivision from a city, town or private water company designated as having an assured water supply pursuant to section 45-576. B. The ground of refusal or approval of any plat submitted, including citation of or reference to the rule or regulation violated by the plat, shall be stated on the record of the board. C. Approval of a plat shall not be deemed to constitute or effect an acceptance by the county for designation of any street, highway, bicycle facility or other way or open space shown on the plat into the county maintenance system except for hiking and equestrian trails that are constructed and maintained by the county. However, at the time the streets, highways, bicycle facilities or other ways are fully completed in accordance with the approved plat and written specifications made by the county board or a county employee who is authorized by the adopted county ordinance, the county shall accept the streets, highways, bicycle facilities and other ways into the county maintenance system within one year of after completion. D. Any person causing a final plat to be recorded without first submitting the plat and obtaining approval of the board or a county employee who is authorized by the adopted county ordinance is guilty of a class 2 misdemeanor. A county recorder shall not accept for recording or record any plat that has not been approved as provided by this article. E. On recording of a plat, the fee of the streets, alleys, avenues, highways, easements, parks and other parcels of ground reserved to the use of the public vests in trust in the county for the uses and to the extent depicted on the plat, including ingress and egress easements depicted on the plat. On annexation by any city or town the fee automatically vests in the city or town. F. For any subdivision that consists of lots, tracts or parcels, each of which is of a size as prescribed by the board of supervisors, the board or a county employee who is authorized by the adopted county ordinance may waive the requirement to prepare, submit and receive approval of a preliminary plat as a condition precedent to submitting a final plat and may waive or reduce infrastructure standards or requirements except for improved dust-controlled access and minimum drainage improvements. END_STATUTE Sec. 3. Section 11-823, Arizona Revised Statutes, is amended to read: START_STATUTE11-823. Water supply; adequacy; exemptions A. To protect the public health and safety, the general regulations adopted by the board pursuant to section 11-821, subsection B, if approved by unanimous vote of the board of supervisors, may provide that, except as provided in subsection C and subsection D, paragraph 1 of this section, the board or a county employee who is authorized by the adopted county ordinance shall not approve a final plat for a subdivision composed of subdivided lands, as defined in section 32-2101, located outside of an active management area, as defined in section 45-402, unless one of the following applies: 1. The director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 and the subdivider has included the report with the plat. 2. The subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45-108. B. If the board unanimously adopts the provision authorized by subsection A of this section: 1. The board may include in the general regulations an exemption from the provision for a subdivision that the director of water resources has determined will have an inadequate water supply because the water supply will be transported to the subdivision by motor vehicle or train if all of the following apply: (a) The board determines that there is no feasible alternative water supply for the subdivision and that the transportation of water to the subdivision will not constitute a significant risk to the health and safety of the residents of the subdivision. (b) If the water to be transported to the subdivision will be withdrawn or diverted in the service area of a municipal provider as defined in section 45-561, the municipal provider has consented to the withdrawal or diversion. (c) If the water to be transported is groundwater, the transportation complies with the provisions governing the transportation of groundwater in title 45, chapter 2, article 8. (d) The transportation of water to the subdivision meets any additional conditions imposed by the county. 2. The board shall promptly give written notice of the adoption of the provision to the director of water resources, the director of environmental quality and the state real estate commissioner. The notice shall include a certified copy of the provision and any exemptions adopted pursuant to paragraph 1 of this subsection. Water providers may be eligible to receive monies in a water supply development fund, as otherwise provided by law. 3. The board shall not rescind the provision or amend it in a manner that is inconsistent with subsection A of this section. If the board amends the provision, it shall give written notice of the amendment to the director of water resources, the director of environmental quality and the state real estate commissioner. The board may rescind an exemption adopted pursuant to paragraph 1 of this subsection. If the board rescinds the exemption, it shall give written notice of the rescission to the director of water resources, the director of environmental quality and the state real estate commissioner, and the board shall not readopt the exemption for at least five years after the rescission becomes effective. 4. If the board or a county employee who is authorized by the adopted county ordinance approves a subdivision plat pursuant to subsection A, paragraph 1 or 2 of this section, the board shall note on the face of the plat that the director of water resources has reported that the subdivision has an adequate water supply or that the subdivider has obtained a commitment of water service for the proposed subdivision from a city, town or private water company designated as having an adequate water supply pursuant to section 45-108. 5. If the board or a county employee who is authorized by the adopted county ordinance approves a subdivision plat pursuant to an exemption authorized by paragraph 1 of this subsection or granted by the director of water resources pursuant to section 45-108.02 or 45-108.03: (a) The board shall give written notice of the approval to the director of water resources and the director of environmental quality. (b) The board shall include on the face of the plat a statement that the director of water resources has determined that the water supply for the subdivision is inadequate and a statement describing the exemption under which the plat was approved, including a statement that the board or the director of water resources, whichever applies, has determined that the specific conditions of the exemption were met. If the director of water resources subsequently informs the board that the subdivision is being served by a water provider that has been designated by the director as having an adequate water supply pursuant to section 45-108, the board shall record in the county recorder's office a statement disclosing that fact. C. Subsection A of this section does not apply to: 1. A proposed subdivision that the director of water resources has determined will have an inadequate water supply pursuant to section 45-108 if the director grants an exemption for the subdivision pursuant to section 45-108.02 and the exemption has not expired or the director grants an exemption pursuant to section 45-108.03. 2. A proposed subdivision that received final plat approval from the county before the requirement for an adequate water supply became effective in the county if the plat has not been materially changed since it received the final plat approval. If changes were made to the plat after the plat received the final plat approval, the director of water resources shall determine whether the changes are material pursuant to the rules adopted by the director to implement section 45-108. If the county approves a plat pursuant to this paragraph and the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to section 45-108, the county shall note this on the face of the plat. D. If the subdivision is composed of subdivided lands as defined in section 32-2101 outside of an active management area and the board has not adopted a provision pursuant to subsection A of this section: 1. If the director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 or if the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45-108, the board or a county employee who is authorized by the adopted county ordinance shall note this on the face of the plat if the plat is approved. 2. If the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to section 45-108, the board or a county employee who is authorized by the adopted the board or [person] [a county employee who is] authorized by the adopted county ordinance shall note this on the face of the plat if the plat is approved. END_STATUTE |
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| 71 | 70 | | |
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| 72 | 71 | | Be it enacted by the Legislature of the State of Arizona: |
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| 73 | 72 | | |
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| 74 | 73 | | Section 1. Section 11-269.27, Arizona Revised Statutes, is amended to read: |
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| 75 | 74 | | |
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| 76 | 75 | | START_STATUTE11-269.27. Administrative review and approval; self-certification program; expedited approval; definitions |
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| 77 | 76 | | |
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| 78 | 77 | | A. Notwithstanding any other law, the board of supervisors of a county may by ordinance do the following: |
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| 79 | 78 | | |
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| 80 | 79 | | 1. Authorize administrative personnel to review and approve site plans, development plans, land divisions, lot line adjustments, lot ties, assurances, preliminary plats, final plats and plat amendments without a public hearing held by the board of supervisors. |
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| 81 | 80 | | |
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| 82 | 81 | | 2. Authorize administrative personnel to review and approve design plans based on objective standards without a public hearing. |
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| 83 | 82 | | |
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| 84 | 83 | | 3. Adopt a self-certification program allowing registered architects and professional engineers to certify and be responsible for compliance with all applicable ordinances and construction standards for projects that the ordinance identifies as being qualified for self-certification. |
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| 85 | 84 | | |
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| 86 | 85 | | 4. Allow at-risk submittals for certain on-site preliminary grading and drainage work or infrastructure. |
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| 87 | 86 | | |
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| 88 | 87 | | 5. Allow applicants with a history of compliance with building codes and regulations to be eligible for expedited permit review. |
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| 89 | 88 | | |
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| 90 | 89 | | B. Applications for a license pursuant to this section are subject to chapter 11, article 1 of this title. |
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| 91 | 90 | | |
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| 92 | 91 | | C. For the purposes of this section: , |
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| 93 | 92 | | |
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| 94 | 93 | | 1. "license" has the same meaning prescribed in section 9-831. |
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| 95 | 94 | | |
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| 96 | 95 | | 2. "Objective" means not influenced by personal interpretation, taste or feelings of a county employee and verifiable by reference to an adopted benchmark, standard or criterion available and knowable by the applicant or proponent. END_STATUTE |
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| 97 | 96 | | |
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| 98 | 97 | | Sec. 2. Section 11-822, Arizona Revised Statutes, is amended to read: |
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| 99 | 98 | | |
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| 100 | 99 | | START_STATUTE11-822. Subdivision approval; platting regulations; violation; classification; easement vesting |
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| 101 | 100 | | |
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| 102 | 101 | | A. No A plat of a subdivision of land within the area of jurisdiction of the county shall not be accepted for recording or recorded until it has been approved by the board or a county employee who is authorized by the adopted county ordinance. The approval of the board or a county employee who is authorized by the adopted county ordinance shall be endorsed in writing on the plat and shall also include specific identification and approval of the assurances, except those for hiking and equestrian trails required by this section. If a county planning and zoning commission exists, the plat may be referred to the commission for its consideration and the board may receive the recommendation of the commission. If the subdivision is comprised of subdivided land lands, as defined in section 32-2101, and is within an active management area, as defined in section 45-402, the plat shall not be approved unless it is accompanied by a certificate of assured water supply issued by the director of water resources, or unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply by the director of water resources pursuant to section 45-576 or is exempt from such a requirement pursuant to section 45-576. The board shall note on the face of the plat that a certificate of assured water supply has been submitted with the plat or that the subdivider has obtained a commitment of water service for the proposed subdivision from a city, town or private water company designated as having an assured water supply pursuant to section 45-576. |
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| 103 | 102 | | |
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| 104 | 103 | | B. The ground of refusal or approval of any plat submitted, including citation of or reference to the rule or regulation violated by the plat, shall be stated on the record of the board. |
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| 105 | 104 | | |
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| 106 | 105 | | C. Approval of a plat shall not be deemed to constitute or effect an acceptance by the county for designation of any street, highway, bicycle facility or other way or open space shown on the plat into the county maintenance system except for hiking and equestrian trails that are constructed and maintained by the county. However, at the time the streets, highways, bicycle facilities or other ways are fully completed in accordance with the approved plat and written specifications made by the county board or a county employee who is authorized by the adopted county ordinance, the county shall accept the streets, highways, bicycle facilities and other ways into the county maintenance system within one year of after completion. |
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| 107 | 106 | | |
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| 108 | 107 | | D. Any person causing a final plat to be recorded without first submitting the plat and obtaining approval of the board or a county employee who is authorized by the adopted county ordinance is guilty of a class 2 misdemeanor. A county recorder shall not accept for recording or record any plat that has not been approved as provided by this article. |
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| 109 | 108 | | |
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| 110 | 109 | | E. On recording of a plat, the fee of the streets, alleys, avenues, highways, easements, parks and other parcels of ground reserved to the use of the public vests in trust in the county for the uses and to the extent depicted on the plat, including ingress and egress easements depicted on the plat. On annexation by any city or town the fee automatically vests in the city or town. |
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| 111 | 110 | | |
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| 112 | 111 | | F. For any subdivision that consists of lots, tracts or parcels, each of which is of a size as prescribed by the board of supervisors, the board or a county employee who is authorized by the adopted county ordinance may waive the requirement to prepare, submit and receive approval of a preliminary plat as a condition precedent to submitting a final plat and may waive or reduce infrastructure standards or requirements except for improved dust-controlled access and minimum drainage improvements. END_STATUTE |
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| 113 | 112 | | |
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| 114 | 113 | | Sec. 3. Section 11-823, Arizona Revised Statutes, is amended to read: |
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| 115 | 114 | | |
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| 116 | 115 | | START_STATUTE11-823. Water supply; adequacy; exemptions |
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| 117 | 116 | | |
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| 118 | 117 | | A. To protect the public health and safety, the general regulations adopted by the board pursuant to section 11-821, subsection B, if approved by unanimous vote of the board of supervisors, may provide that, except as provided in subsection C and subsection D, paragraph 1 of this section, the board or a county employee who is authorized by the adopted county ordinance shall not approve a final plat for a subdivision composed of subdivided lands, as defined in section 32-2101, located outside of an active management area, as defined in section 45-402, unless one of the following applies: |
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| 119 | 118 | | |
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| 120 | 119 | | 1. The director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 and the subdivider has included the report with the plat. |
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| 121 | 120 | | |
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| 122 | 121 | | 2. The subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45-108. |
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| 123 | 122 | | |
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| 124 | 123 | | B. If the board unanimously adopts the provision authorized by subsection A of this section: |
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| 125 | 124 | | |
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| 126 | 125 | | 1. The board may include in the general regulations an exemption from the provision for a subdivision that the director of water resources has determined will have an inadequate water supply because the water supply will be transported to the subdivision by motor vehicle or train if all of the following apply: |
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| 127 | 126 | | |
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| 128 | 127 | | (a) The board determines that there is no feasible alternative water supply for the subdivision and that the transportation of water to the subdivision will not constitute a significant risk to the health and safety of the residents of the subdivision. |
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| 129 | 128 | | |
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| 130 | 129 | | (b) If the water to be transported to the subdivision will be withdrawn or diverted in the service area of a municipal provider as defined in section 45-561, the municipal provider has consented to the withdrawal or diversion. |
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| 131 | 130 | | |
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| 132 | 131 | | (c) If the water to be transported is groundwater, the transportation complies with the provisions governing the transportation of groundwater in title 45, chapter 2, article 8. |
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| 133 | 132 | | |
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| 134 | 133 | | (d) The transportation of water to the subdivision meets any additional conditions imposed by the county. |
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| 135 | 134 | | |
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| 136 | 135 | | 2. The board shall promptly give written notice of the adoption of the provision to the director of water resources, the director of environmental quality and the state real estate commissioner. The notice shall include a certified copy of the provision and any exemptions adopted pursuant to paragraph 1 of this subsection. Water providers may be eligible to receive monies in a water supply development fund, as otherwise provided by law. |
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| 137 | 136 | | |
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| 138 | 137 | | 3. The board shall not rescind the provision or amend it in a manner that is inconsistent with subsection A of this section. If the board amends the provision, it shall give written notice of the amendment to the director of water resources, the director of environmental quality and the state real estate commissioner. The board may rescind an exemption adopted pursuant to paragraph 1 of this subsection. If the board rescinds the exemption, it shall give written notice of the rescission to the director of water resources, the director of environmental quality and the state real estate commissioner, and the board shall not readopt the exemption for at least five years after the rescission becomes effective. |
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| 139 | 138 | | |
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| 140 | 139 | | 4. If the board or a county employee who is authorized by the adopted county ordinance approves a subdivision plat pursuant to subsection A, paragraph 1 or 2 of this section, the board shall note on the face of the plat that the director of water resources has reported that the subdivision has an adequate water supply or that the subdivider has obtained a commitment of water service for the proposed subdivision from a city, town or private water company designated as having an adequate water supply pursuant to section 45-108. |
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| 141 | 140 | | |
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| 142 | 141 | | 5. If the board or a county employee who is authorized by the adopted county ordinance approves a subdivision plat pursuant to an exemption authorized by paragraph 1 of this subsection or granted by the director of water resources pursuant to section 45-108.02 or 45-108.03: |
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| 143 | 142 | | |
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| 144 | 143 | | (a) The board shall give written notice of the approval to the director of water resources and the director of environmental quality. |
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| 145 | 144 | | |
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| 146 | 145 | | (b) The board shall include on the face of the plat a statement that the director of water resources has determined that the water supply for the subdivision is inadequate and a statement describing the exemption under which the plat was approved, including a statement that the board or the director of water resources, whichever applies, has determined that the specific conditions of the exemption were met. If the director of water resources subsequently informs the board that the subdivision is being served by a water provider that has been designated by the director as having an adequate water supply pursuant to section 45-108, the board shall record in the county recorder's office a statement disclosing that fact. |
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| 147 | 146 | | |
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| 148 | 147 | | C. Subsection A of this section does not apply to: |
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| 149 | 148 | | |
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| 150 | 149 | | 1. A proposed subdivision that the director of water resources has determined will have an inadequate water supply pursuant to section 45-108 if the director grants an exemption for the subdivision pursuant to section 45-108.02 and the exemption has not expired or the director grants an exemption pursuant to section 45-108.03. |
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| 151 | 150 | | |
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| 152 | 151 | | 2. A proposed subdivision that received final plat approval from the county before the requirement for an adequate water supply became effective in the county if the plat has not been materially changed since it received the final plat approval. If changes were made to the plat after the plat received the final plat approval, the director of water resources shall determine whether the changes are material pursuant to the rules adopted by the director to implement section 45-108. If the county approves a plat pursuant to this paragraph and the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to section 45-108, the county shall note this on the face of the plat. |
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| 153 | 152 | | |
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| 154 | 153 | | D. If the subdivision is composed of subdivided lands as defined in section 32-2101 outside of an active management area and the board has not adopted a provision pursuant to subsection A of this section: |
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| 155 | 154 | | |
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| 156 | 155 | | 1. If the director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 or if the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45-108, the board or a county employee who is authorized by the adopted county ordinance shall note this on the face of the plat if the plat is approved. |
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| 157 | 156 | | |
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| 158 | 157 | | 2. If the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to section 45-108, the board or a county employee who is authorized by the adopted the board or [person] [a county employee who is] authorized by the adopted county ordinance shall note this on the face of the plat if the plat is approved. END_STATUTE |
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