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REFERENCE TITLE: planned communities; zoning; limitations; districts |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2474 |
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Introduced by Representatives Townsend, Orr, Stevens: Borrelli, Boyer, Petersen
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AN ACT
amending title 9, chapter 4, article 6, Arizona Revised Statutes, by adding section 9‑461.15; amending title 11, chapter 6, article 1, Arizona Revised Statutes, by adding section 11‑810; relating to planned communities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 9-461.15, to read:
9-461.15. Planned communities and homeowners' associations; limitation; municipal improvement districts
A. The planning agency of a municipality in exercising its authority pursuant to this title shall not require as part of a subdivision regulation or approval or a zoning ordinance that a subdivider or developer construct or establish a planned community as defined in section 33-1802 unless the planned community association owns or is otherwise liable for any portion of the costs of any one or more of the following special features:
1. A golf course.
2. One or more lakes.
3. A swimming pool with an area of more than one thousand two hundred square feet.
4. A clubhouse or other community building that is more than two thousand five hundred square feet in size.
5. An orchard or other agricultural feature that in aggregate covers two acres.
6. An equestrian area or facility.
7. A landing strip, runway or other similar feature designed to be used for aircraft.
8. A commercial property.
9. A public or private school.
10. One or more churches.
B. For any proposed planned community that does not contain one or more special features as prescribed by subsection A of this section, the municipal planning agency shall require the formation of a municipal improvement district pursuant to title 48, chapter 4.
Sec. 2. Title 11, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 11-810, to read:
11-810. Planned communities and homeowners' associations; limitation; county improvement districts
A. A county planning and zoning commission in exercising its authority pursuant to this title shall not require as part of a subdivision regulation or approval or a zoning ordinance that a subdivider or developer construct or establish a planned community as defined in section 33-1802 unless the planned community association owns or is otherwise liable for any portion of the costs of any one or more of the following special features:
1. A golf course.
2. One or more lakes.
3. A swimming pool with an area of more than one thousand two hundred square feet.
4. A clubhouse or other community building that is more than two thousand five hundred square feet in size.
5. An orchard or other agricultural feature that in aggregate covers two acres.
6. An equestrian area or facility.
7. A landing strip, runway or other similar feature designed to be used for aircraft.
8. A commercial property.
9. A public or private school.
10. One or more churches.
B. For any proposed planned community that does not contain one or more special features as prescribed by subsection A of this section, the county planning and zoning commission shall require formation of a county improvement district pursuant to title 48, chapter 6.