Arizona Laws 9-461.15. Requirement of planned community prohibited
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 zoning ordinance that a subdivider or developer establish an association as defined in section 33-1802. A subdivider or developer shall not be penalized because a real estate subdivision or development does not constitute or include a planned community.
Terms Used In Arizona Laws 9-461.15
- municipality: means an incorporated city or town. See Arizona Laws 9-461
- Planning agency: means the official body designated by local ordinance to carry out the purposes of this article and may be a planning department, a planning commission, a hearing officer, the legislative body itself, or any combination thereof. See Arizona Laws 9-461
- Property: includes both real and personal property. See Arizona Laws 1-215
- Specific plan: means a detailed element of the general plan enacted under the provisions of this article or a prior statute. See Arizona Laws 9-461
- Zoning ordinance: means a municipal ordinance regulating the use of land or structures, or both, under the provisions of this article. See Arizona Laws 9-461
B. A municipality may require a subdivider or developer to establish an association to maintain private, common or community owned improvements that are approved and installed as part of a preliminary plat, final plat or specific plan. A municipality shall not require that an association be formed or operated other than for the maintenance of common areas or community owned property. This subsection applies only to planned communities that are established in plats recorded after the effective date of this section.
C. This section does not limit the subdivider or developer in the establishment or authority of any planned community established pursuant to title 33, chapter 16 or limit a subdivider, a developer or an association from requesting and entering into a maintenance agreement with a municipality.