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Senate Engrossed |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SENATE BILL 1365 |
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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. a county may require a subdivider or developer to construct or enact a planned community to maintain private improvements that are proposed as part of a preliminary plat, final plat or specific plan. a required planned community shall be specifically limited to the maintenance of community-owned property.
Sec. 3. Legislative intent
While the legislature recognizes that issues of planning and zoning by political subdivisions, including charter cities, may be a matter of local concern, the legislature finds and declares that, for the purposes of ensuring that residents of cities, towns and counties are governed by their elected public officials and not by a private corporation that is not fully transparent and accountable to the voters, that planned community development with mandatory homeowners' associations is a matter of statewide concern and shall be restricted in future development.