Terms used in this section are intended to have the same meanings as established by state law in Arizona Revised Statutes title 32, chapter 20, article 1 and will be deemed to be amended by any changes in that state law:
A. Definitions:
SUBDIVIDER: Any person who offers for sale or lease four (4) or more lots, parcels or fractional interests in a subdivision or who causes land to be subdivided into a subdivision for the subdivider or for others, or who undertakes to develop a subdivision, but does not include a public agency or officer authorized by law to create subdivisions. This includes a person who offers for sale or lease four (4) or more lots, parcels or fractional interests in a previously platted subdivision which does not include all roads, utilities and other improvements required by these regulations.
SUBDIVISION OR SUBDIVIDED LANDS: Improved or unimproved land or lands divided or proposed to be divided for the purpose of sale or lease, whether immediate or future, into six (6) or more lots, parcels or fractional interests. Subdivision or subdivided lands include a stock cooperative and include lands divided or proposed to be divided as part of a common promotional plan. This definition shall not apply to leasehold offerings of one year or less or to the division or proposed division of land located in the state of Arizona into lots or parcels each of which is, or will be, thirty six (36) acres or more in area including to the centerline of dedicated streets or easements, if any, contiguous to the lot or parcel and provided further that this definition shall not be deemed to include the leasing of agricultural lands, or of apartments, offices, stores, hotels, motels, pads or similar space within an apartment building, industrial building, rental recreational vehicle community, rental manufactured home community, rental mobile home park or commercial building, except that residential condominiums as defined in Arizona Revised Statutes title 33, chapter 9 shall be included in this definition, nor shall this definition include the subdivision into or development of parcels, plots or fractional portions within the boundaries of a cemetery that has been formed and approved pursuant to this chapter.
B. Exemptions:
1. The following are exempt under these regulations:
a. The sale or lease in bulk of four (4) or more lots, parcels or fractional interests to one buyer in one transaction is exempt only if the entire inventory of parcels owned by the seller is sold in one transaction.
b. The sale or lease of lots or parcels located in a single platted subdivision by a subdivider if:
(1) A valid public report has been issued within the past two (2) years by the Arizona department of real estate on the subdivision lots or parcels; and
(2) The subdivision meets all current requirements otherwise required of a subdivision under these regulations; and
(3) The method of sale or lease of lots or parcels meets all current requirements under Arizona law; and
(4) The lots or parcels are included on a recorded subdivision plat that has been approved by the city; and
(5) All streets and roads within the subdivision, all utilities to the lots or parcels being offered for sale or lease and all other required improvements within the subdivision, other than a residence to be built, are complete, paid for and free of any blanket encumbrances; or the streets, utilities or other improvements are not complete, but the completion of all such improvements is assured as required by section 13-1-5 of these regulations.
2. All nonexempt sales of subdivision land by a subdivider shall be subject to these rules. (Ord. 2005-01, 2-8-2005)
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