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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1239 |
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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. Requirement of planned community 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 zoning ordinance that a subdivider or developer construct or enact 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. Requirement of planned community prohibited
A county planning and zoning commission in exercising its authority pursuant to this title shall not require as part of a subdivision approval or zoning ordinance that a subdivider or developer construct or enact 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.