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§ 23-19.5-1 - When test and determination and/or data required – Filing of results.

SECTION 23-19.5-1

   § 23-19.5-1  When test and determinationand/or data required – Filing of results. – (a) No parcel of real property that is not readily accessible to a public sewersystem shall be advertised or represented as being for sale or other transferor conveyance as a "buildable", or "developable" property, so called, unlessthe seller shall first apply for and receive from the department ofenvironmental management either a valid certification of the property'ssuitability for development as part of a subdivision or a valid approval forthe installation of an individual sewage disposal system(s) on the property.

   (b) A public sewer shall be presumed to be readily accessibleto a parcel of property if it is located within two hundred (200) feet of anyproperty line of the parcel of property.

   (c) Nothing in this section shall prohibit a person fromselling a parcel of property as "raw land", so called, without making anyrepresentations as to its ability to be developed. In this case, the sellershall, at the first available opportunity, expressly advise any prospectivebuyer that the property has not been certified for development as part of asubdivision or approved by the department of environmental management as beingsuitable for the on-site disposal of sanitary sewage or other liquid waste.When conveying property in this manner, a seller shall not accept any offer,sign any purchase and sale agreement, complete any closing or enter into anyother agreement for transfer or conveyance of property without requiring thebuyer to acknowledge, in writing, that the property has not been approved bythe department of environmental management as being suitable for the on-sitedisposal of sanitary sewage or other liquid waste.

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