HB2578 - 501R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 9-500.05, Arizona Revised Statutes, is amended to read:

START_STATUTE9-500.05. Development agreements; public safety; definitions

A. A municipality, by resolution or ordinance, may enter into development agreements relating to property in the municipality and to property located outside the incorporated area of the municipality. If the development agreement relates to property located outside the incorporated area of the municipality, the development agreement does not become operative unless annexation proceedings to annex the property to the municipality are completed within the period of time specified by the development agreement or any extension of such time.

B. A development agreement shall be consistent with the municipality's general plan or specific plan, if any, as defined in section 9‑461, applicable to the property on the date the development agreement is executed.

C. A development agreement may be amended, or cancelled in whole or in part, only by mutual consent of the parties to the development agreement or by their successors in interest or assigns. The development agreement may not be amended and additional fees may not be charged after the initial approval of the development agreement.

D. No later than ten days after a municipality enters into a development agreement, the municipality shall record a copy of the agreement with the county recorder of the county in which the property subject to the development agreement is located, and the recordation constitutes notice of the development agreement to all persons. The burdens of the development agreement are binding on, and the benefits of the development agreement inure to, the parties to the agreement and to all their successors in interest and assigns.

E. Section 32‑2181 does not apply to development agreements under this section.

F. Notwithstanding any other law, a municipality may provide by resolution or ordinance for public safety purposes, and with the written consent of an owner of property that has been granted a development agreement pursuant to this section, an owner of a protected development right pursuant to chapter 11 of this title or the owner of any other residential or commercial development subject to the supervision of a municipality pursuant to this title, for the application and enforcement of speed limits, vehicle weight restrictions or other safety measures on a private road that is located in any development in the municipality and that is open to and used by the public. A municipality may require payment from the property owner of the actual cost of signs for speed limits or other restrictions applicable on the private road, before their installation.

G. Notwithstanding section 19‑142, subsection B, a decision by the governing body involving a development agreement may not be enacted as an emergency measure and that decision is not effective for at least thirty days after final approval of the development agreement.

H. In this section, unless the context otherwise requires:

1. "Development agreement" means an agreement between a municipality and a community facilities district pursuant to section 48‑709, a landowner or any other person having an interest in real property that may specify or otherwise relate to any of the following:

(a) The duration of the development agreement.

(b) The permitted uses of property subject to the development agreement.

(d) Provisions for reservation or dedication of land for public purposes and provisions to protect environmentally sensitive lands.

(e) Provisions for preservation and restoration of historic structures.

(f) The phasing or time of construction or development on property subject to the development agreement.

(g) Conditions, terms, restrictions and requirements for public infrastructure and the financing of public infrastructure and subsequent reimbursements over time, including provisions for development fee waivers or reductions.

(h) Conditions, terms, restrictions and requirements for annexation of property by the municipality and the phasing or timing of annexation of property by the municipality.

(i) Conditions, terms, restrictions and requirements of deannexation of property from one municipality to another municipality and the phasing or timing of deannexation of property from one municipality to another municipality.

(j) Conditions, terms, restrictions and requirements relating to the governing body's intent to form a special taxing district pursuant to title 48.

(k) Any other matters relating to the development of the property.

2. "Governing body" means the body or board which that by law is constituted as the legislative body of the municipality.

3. "Municipality" means an incorporated city or town. END_STATUTE

Sec. 2. Section 11-1101, Arizona Revised Statutes, as amended by Laws 2010, chapter 244, section 9, is amended to read:

START_STATUTE11-1101. Development agreements

A. A county, by resolution or ordinance, may enter into development agreements relating to property located outside the incorporated area of a city or town.

B. The development agreement shall be between the county and a landowner or any other person having an interest in real property and may specify or otherwise relate to any of the following:

1. The duration of the agreement.

2. The permitted uses of property subject to the agreement.

3. The density and intensity of uses and the maximum height and size of proposed buildings within the property.

4. Provisions for reservation or dedication of land for public purposes and provisions to protect environmentally sensitive lands.

5. Provisions for preservation and restoration of historic structures.

6. The phasing or time of construction or development on the property.

7. Conditions, terms, restrictions, financing and requirements for public infrastructure and subsequent reimbursements over time, including provisions for development fee waivers or reductions.

8. Conditions, terms, restrictions and requirements relating to the county's intent to form a special taxing district pursuant to title 48.

9. Conditions of sewer services.

10. Any other matters relating to the development of the property.

C. A development agreement shall be consistent with the county comprehensive plan adopted pursuant to chapter 6, article 1 of this title and applies to the property on the date the development agreement is executed.

D. A development agreement may be amended, or cancelled in whole or in part, only by mutual consent of the parties to the development agreement or by their successors in interest or assigns. The development agreement may not be amended and additional fees may not be charged after the initial approval of the development agreement.

E. Within ten days after a development agreement is executed, the county shall record a copy of the agreement with the county recorder, and the recordation constitutes notice of the development agreement to all persons. The burdens of the development agreement are binding on, and the benefits of the development agreement inure to, the parties to the agreement and to all of their successors in interest and assigns.

F. Section 32‑2181, subsection I does not apply to development agreements under this section.

G. Notwithstanding any other law, a county may provide by resolution or ordinance for public safety purposes, and with the written consent of an owner of property that has entered into a development agreement pursuant to this section, for the application and enforcement of speed limits, vehicle weight restrictions or other safety measures on a private road that is located in any development outside the corporate boundaries of a city or town and that is open to and used by the public. The county may require payment from the property owner of the actual cost of signs for speed limits or other restrictions applicable on the private road before their installation. END_STATUTE

Sec. 3. County development fees; moratorium

A. Notwithstanding any other law, beginning October 1, 2011 through September 30, 2016, a county shall not:

1. Impose any new development fees pursuant to section 11-1102, Arizona Revised Statutes.

2. Increase any existing development fees authorized by section 11‑1102, Arizona Revised Statutes.

B. For the purposes of this section, the date of the imposition of a new development fee or an increase in an existing development fee shall be the date of the final action by the county board of supervisors.

Sec. 4. Effective date

This act is effective from and after September 30, 2011.