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REFERENCE TITLE: planned communities; zoning; prohibitions |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1365 |
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Introduced by Senators Murphy: Griffin
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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. Mandatory planned communities and homeowners' associations; prohibited
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. A subdivider or developer shall not be penalized because of a lack of a planned community as part of the preliminary plat or specific plan of a subdivider or developer.
Sec. 2. Title 11, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 11-810, to read:
11-810. Mandatory planned communities and homeowners' associations; prohibited
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. A subdivider or developer shall not be penalized because of a lack of a planned community as part of the preliminary plat or specific plan of a subdivider or developer.