A. 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 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 11-810

  • Commission: means the county planning and zoning commission. See Arizona Laws 11-801
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Zoning ordinance: means an ordinance that is adopted by the board of supervisors and that contains zoning regulations together with a map setting forth the precise boundaries of zoning districts within which the various zoning regulations are effective. See Arizona Laws 11-801

B. A county 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 county 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 county.

 

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