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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Counties
Chapter : COUNTY PLANNING AND ZONING
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11-806.01 Subdivision regulation; platting regulations; violation; classification; easement vesting
A. The county board of supervisors shall regulate the subdivision of all lands
within its corporate limits, except subdivisions which are regulated by municipalities.
B. No plat of a subdivision of land within the area of jurisdiction of such county
shall be accepted for recording or recorded until it has been approved by the board. The
approval of the board shall be endorsed in writing on the plat and shall also include
specific identification and approval of the assurances except those for hiking and
equestrian trails required by this section. If a county planning and zoning commission
exists, the plat may be referred to such commission for its consideration and the board
may receive the recommendation of the commission. If the subdivision is comprised of
subdivided land, as defined in section 32-2101, and is within a groundwater active
management area, as defined in section 45-402, the plat shall not be approved unless it
is accompanied by a certificate of assured water supply issued by the director of water
resources, or unless the subdivider has obtained a written commitment of water service
for the subdivision from a city, town or private water company designated as having an
assured water supply by the director of water resources pursuant to section 45-576 or is
exempt from such requirement pursuant to section 45-576. The board shall note on the face
of the plat that a certificate of assured water supply has been submitted with the plat
or that the subdivider has obtained a commitment of water service for the proposed
subdivision for a city, town or private water company designated as having an assured
water supply, pursuant to section 45-576.
C. Any person causing a final plat to be recorded without first submitting the plat
and obtaining approval of the board is guilty of a class 2 misdemeanor. No county
recorder shall accept for recording or record any plat which has not been approved as
provided by this article.
D. The ground of refusal or approval of any plat submitted, including citation of
or reference to the rule or regulation violated by the plat, shall be stated upon the
record of the board.
E. The commission shall recommend to the board and the board shall adopt general
regulations of uniform application governing plats and subdivisions of land within its
area of jurisdiction. The regulations adopted shall secure and provide for the proper
arrangement of streets or other highways in relation to existing or planned streets,
highways or bicycle facilities or to the official map for adequate and convenient open
spaces for traffic, utilities, drainage, access of fire fighting apparatus, recreation,
light and air. The board may adopt general regulations to provide for the proper
arrangement of hiking and equestrian trails in relation to existing or planned streets or
highways, and if adopted, such hiking and equestrian trails shall conform to the official
map for adequate and convenient open spaces for traffic, utilities, drainage, access of
fire fighting apparatus, recreation, light and air. The general regulations may provide
for modification by the commission in planned area development or specific cases where
unusual topographical or other exceptional conditions may require such action. The
regulations shall include provisions as to the extent to which streets and other highways
shall be graded and improved and to which water, sewer or other utility mains, piping or
other facilities shall be installed or provided for on the plat as a condition precedent
to the approval of the final plat.
F. On recording of a plat, the fee of the streets, alleys, avenues, highways,
easements, parks and other parcels of ground reserved to the use of the public vests in
trust in the county for the uses and to the extent depicted on the plat including, but
not limited to, ingress and egress easements depicted on such plat. On annexation by any
city or town such fee automatically vests in the city or town.
G. Boards of supervisors of counties shall prepare specifications and make orders,
inspections, examinations and certificates as may be necessary to protect and complete
the provisions and make them effective. The regulations shall require the posting of
performance bonds, assurances or such other security as may be appropriate and necessary
to assure the installation of required street, sewer, electric and water utilities,
drainage, flood control and improvements meeting established minimum standards of design
and construction.
H. Before adoption of regulations by the board or any amendment as provided in this
article, a public hearing shall be held by the commission. A copy of the regulations
shall be certified by the commission to the county board of supervisors which shall hold
a public hearing after notice of the time and place has been given by one publication
fifteen days prior to the public hearing in a newspaper of general circulation in the
county.
I. Approval of a plat shall not be deemed to constitute or effect an acceptance by
the county for designation of any street, highway, bicycle facility or other way or open
space shown upon the plat into the county maintenance system except for hiking and
equestrian trails which shall be constructed and maintained by the county. However, at
such time as the streets, highways, bicycle facilities or other ways are fully completed
in accordance with the approved plat and written specifications made by the county board,
the county shall accept such streets, highways, bicycle facilities and other ways into
the county maintenance system within one year of completion.
J. For any subdivision that consists of lots, tracts or parcels, each of which is
of a size as prescribed by the board of supervisors, the board may waive the requirement
to prepare, submit and receive approval of a preliminary plat as a condition precedent to
submitting a final plat and may waive or reduce infrastructure standards or requirements
except for improved dust-controlled access and minimum drainage improvements.
11-806.02 Subdivision reservation for public facilities and services; conditions; procedures; time limitation
A. A board of supervisors may require by ordinance that land areas within a
subdivision be reserved for parks, recreational facilities, school sites and fire
stations subject to the following conditions:
1. The requirement may only be made on preliminary plats filed at least thirty days
after the adoption of a comprehensive plan or amendment of the plan affecting the land
area to be reserved.
2. The required reservations are in accordance with definite principles and
standards adopted by the board or commission.
3. The land area reserved is of such a size and shape as to permit the remainder of
the land area of the subdivision within which the reservation is located to develop in an
orderly and efficient manner.
4. The land area reserved is in such multiples of streets and parcels as to permit
an efficient division of the reserved area if it is not acquired within the prescribed
period.
B. The public agency for whose benefit an area has been reserved has one year after
recording the final subdivision plat to enter into an agreement to acquire the reserved
land area. The purchase price is the fair market value of the land at the time of the
filing of the preliminary subdivision plat plus the taxes against the reserved area from
the date of the reservation and any other costs incurred by the subdivider in the
maintenance of the reserved area, including interest cost incurred on any loan covering
the reserved area.
C. If the public agency for whose benefit an area has been reserved does not
exercise the reservation agreement within the one year period or an extended period
mutually agreed on by the public agency and the subdivider, the reservation of the area
terminates.
11-821.01 Duty to zone certain area for canneries, fertilizer plants, refineries, commercial feed lots, meat packing plants, tallow works, and other like businesses; procedure
A. The county planning and zoning commission shall designate and zone appropriate
areas of reasonable size in which there may be established with reasonable permanency
canneries, fertilizer plants, refineries, commercial feed lots, meat packing plants,
tallow works, and other like businesses, and the county board of supervisors shall by
ordinance adopt at least one of any such plans as may be submitted by the commission to
the board for the location of such businesses.
B. The zoning provided for in subsection A of this section shall be adopted and
amended by the county as part of the county plan pursuant to section 11-821 and in
accordance with all procedural requirements of this article.
11-821.02 Operating requirements for businesses and facilities
Notwithstanding section 11-830, a county in regulating or licensing businesses and
facilities pursuant to section 11-821, may impose reasonable operating requirements that
affect the existing uses of businesses and facilities.
11-821.03 Transfer of development rights; definitions
(Rpld. 1/1/10)
A. The board of supervisors may establish procedures, methods and standards for the
transfer of development rights within its jurisdiction. Any proposed transfer of all or
any portion of the development rights of a sending property to a receiving property is
subject to the written approval and consent of the property owners of both the sending
property and the receiving property. A county may not condition a change of zone on a
property owner's consent to or other participation in a proposed transfer of development
rights, except that a change of zone may be required to implement a development agreement
if it is voluntarily entered into by a property owner or owners with a county for the
transfer of development rights concurrently with the county's approval of the change of
zone. Before any transfer of development rights, a county shall adopt an ordinance
providing for:
1. The establishment, execution and recordation of instruments to sever development
rights transferred from the sending property and to affix such development rights to the
receiving property. The instruments shall be executed by the property owners of the
sending and receiving property and any lienholders.
2. The preservation of the characteristics of the sending property lending to the
transfer of development rights and assurance that any of the prohibitions against
particular uses or development of the sending property determined to be necessary to
preserve such characteristics shall bind the property owner and every successor in
interest to such property.
3. A delay prior to transfer of development rights to a receiving property after
the severance of transferable development rights from a sending property.
4. The purchase, sale, exchange or other conveyance of transferable development
rights before the rights are affixed to a receiving property.
5. Procedures for monitoring the severance, ownership and transfer of transferable
development rights.
6. Appropriate public participation procedures for each type of transaction.
7. Use of development agreements as an option for implementation.
B. The resulting density or intensity of land use of the receiving property shall
conform to the adopted comprehensive plan, as amended, if applicable. If a plan amendment
is required prior to the transfer, it shall not be considered a major plan amendment.
C. For the purposes of this section:
1. "Ancillary military facility" has the same meaning prescribed in section
28-8461.
2. "Development rights" means the maximum development that would be allowed on the
sending property under the adopted comprehensive plan, the specific plan, if any, or the
zoning ordinance, whichever provides greater density or intensity of use or, if
applicable, both, in effect on the date the county adopts an ordinance pursuant to
subsection A, respecting the permissible use, area, bulk or height of improvements made
to one or more lots or parcels. Development rights may be calculated and allocated in
accordance with factors including dwelling units, area, floor area, floor area ratio,
height limitations, traffic generation or any other criteria that will quantify a value
for the development rights in a manner that will carry out the objectives of this
section.
3. "High noise or accident potential zone" has the same meaning as prescribed in
section 28-8461.
4. "Military airport" has the same meaning as prescribed in section 28-8461.
5. "Receiving property" means one or more lots or parcels within which development
rights are increased under the adopted comprehensive plan, the specific plan, if any, or
the zoning ordinance, whichever provides greater density or intensity of use or, if
applicable, both, in effect prior to a transfer of development rights and an amendment to
the adopted comprehensive plan, specific plan or zoning ordinance, or a rezone of the
property, whichever is required to implement the increase in development rights. The
Receiving property shall be suitable for development that includes the transferred
development rights consistent with the adopted comprehensive plan, as amended, if
applicable. Receiving property does not include lots or parcels that are partially or
wholly located within, or that include, a high noise or accident potential zone of a
military airport or an ancillary military facility.
6. "Sending property" means one or more lots or parcels that are partially or
wholly located within, or that include, a high noise or accident potential zone of a
military airport or an ancillary military facility, a floodplain, natural habitat,
geologic features, recreation area or parkland, or land that has unique aesthetic,
architectural or historic value, that a county determines is appropriate and necessary to
restrict against particular uses or future development that would impair or preclude
preservation of the characteristic or characteristics of the property or to protect the
public because of health or safety concerns.
7. "Transfer of development rights" means the process by which development rights
from one or more sending properties are affixed to one or more receiving properties. 11-826 Infrastructure service area boundaries
A. The county planning and zoning commission may prepare a plan and provide
regulations determining the location of infrastructure service area boundaries consistent
with the growth area element of the comprehensive plan beyond which the county may limit
or prescribe conditions on publicly financed extensions of water, sewer and street
improvements. The plan and regulations shall consider all elements of the comprehensive
plan, including the circulation and public facilities elements. For purposes of this
subsection, publicly financed does not include special taxing district financing other
than municipal or county improvement district revenues or bonds. The regulations shall
also include components that:
1. Assign or delegate administrative functions, powers and duties to county
officers and employees.
2. Identifies the procedure for determining the initial infrastructure service area
boundaries.
3. Identifies the methodology and procedures for adjusting the infrastructure
service area boundaries.
B. Before recommending the plan and regulations, or any part, amendment, extension
or addition, to the board of supervisors, the commission shall hold at least one public
hearing on the service area boundaries, after giving at least fifteen days' notice by
publication in a newspaper of general circulation in the county seat and in a newspaper
of general circulation in the area to be affected, if that area is other than the county
seat.
C. The board of supervisors shall adopt any such plan and regulations and
amendments by resolution.
11-861.01 Single family residences; solar water heating requirement
A. Any code adopted pursuant to this article may contain a provision requiring new
single family residences in the county to be designed to facilitate the future
installation of solar water heating equipment.
B. The phrase "facilitate the future installation" as used in subsection A means to
provide readily accessible piping to allow for pipe fittings that will allow future
connection into the system of solar water heating equipment.
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