USA Statutes : arizona
Title : Counties
Chapter : DEVELOPMENT FEES
11-1101 Development agreements
A. A county, by resolution or ordinance, may enter into development agreements
relating to property located outside the incorporated area of a city or town.
B. The development agreement shall be between the county and a landowner or any
other person having an interest in real property and may specify or otherwise relate to
any of the following:
1. The duration of the agreement.
2. The permitted uses of property subject to the agreement.
3. The density and intensity of uses and the maximum height and size of proposed
buildings within the property.
4. Provisions for reservation or dedication of land for public purposes and
provisions to protect environmentally sensitive lands.
5. Provisions for preservation and restoration of historic structures.
6. The phasing or time of construction or development on the property.
7. Conditions, terms, restrictions, financing and requirements for public
infrastructure and subsequent reimbursements over time.
8. Conditions, terms, restrictions and requirements relating to the county's intent
to form a special taxing district pursuant to title 48.
9. Conditions of sewer services.
10. Any other matters relating to the development of the property.
C. A development agreement shall be consistent with the county comprehensive plan
adopted pursuant to chapter 6, article 2 of this title and applies to the property on the
date the development agreement is executed.
D. A development agreement may be amended, or cancelled in whole or in part, by
mutual consent of the parties to the development agreement or by their successors in
interest or assigns.
E. Within ten days after a development agreement is executed, the county shall
record a copy of the agreement with the county recorder, and the recordation constitutes
notice of the development agreement to all persons. The burdens of the development
agreement are binding on, and the benefits of the development agreement inure to, the
parties to the agreement and to all of their successors in interest and assigns.
F. Section 32-2181, subsection I does not apply to development agreements under
G. Notwithstanding any other law, a county may provide by resolution or ordinance
for public safety purposes, and with the written consent of an owner of property that has
entered into a development agreement pursuant to this section, for the application and
enforcement of speed limits, vehicle weight restrictions or other safety measures on a
private road that is located in any development outside the corporate boundaries of a
city or town and that is open to and used by the public. The county may require payment
from the property owner of the actual cost of signs for speed limits or other
restrictions applicable on the private road before their installation.
11-1102 County development fees
A. If a county has adopted a capital improvements plan, the county may assess
development fees within the covered planning area in order to offset the capital costs
for water, sewer, streets, parks and public safety facilities determined by the plan to
be necessary for public services provided by the county to a development in the planning
B. Development fees assessed under this section are subject to the following
1. Development fees shall result in a beneficial use to the development.
2. Monies received from development fees shall be placed in a separate fund and
accounted for separately and may only be used for the purposes authorized by this
section. Interest earned on monies in the separate fund shall be credited to the fund.
3. The county shall prescribe the schedule for paying the development fees. The
county shall provide a credit toward the payment of the fee for the required dedication
of public sites and improvements provided by the developer for which that fee is
assessed. The developer of residential dwelling units shall be required to pay the fees
when construction permits for the dwelling units are issued.
4. The amount of any development fees must bear a reasonable relationship to the
burden of capital costs imposed on the county to provide additional necessary public
services to the development. In determining the extent of the burden imposed by the
development, the county shall consider, among other things, the contribution made or to
be made in the future in cash by taxes, fees or assessments by the property owner toward
the capital costs of the necessary public service covered by the development fee.
5. Development fees shall be assessed in a nondiscriminatory manner.
6. In determining and assessing a development fee applying to land in a community
facilities district established under title 48, chapter 4, article 6, the county shall
take into account all public infrastructure provided by the district and capital costs
paid by the district for necessary public services and shall not assess a portion of the
development fee based on the infrastructure or costs.
C. Before assessing or increasing a development fee, the county shall:
1. Give at least one hundred twenty days' advance notice of intention to assess a
new or increased development fee.
2. Release to the public a written report including all documentation that supports
the assessment of a new or increased development fee.
3. Conduct a public hearing on the proposed new or increased development fee at any
time after the expiration of the one hundred twenty day notice of intention to assess a
new or increased development fee and at least fourteen days before the scheduled date of
adoption of the new or increased fee.
D. A development fee assessed pursuant to this section is not effective for at
least ninety days after its formal adoption by the board of supervisors.
E. This section does not affect any development fee adopted before the effective
date of this section.
11-1103 Development fees; intergovernmental agreements; purposes
A county may enter into an intergovernmental agreement to accept or disburse
development fees for construction of a public facility pursuant to a benefit area plan,
including an agreement with a city or special taxing district for the joint establishment
of a needs assessment, the adoption of a benefit area plan and the imposition, collection
and disbursement of development fees to implement a joint plan for development.
In this article, unless the context otherwise requires:
1. "Department" means the department of revenue.
2. "Value" means:
(a) In any case other than a gift, the amount of the full actual consideration that
is paid or to be paid, including the amount of any lien or liens.
(b) In the case of a gift or a contract or deed with nominal consideration or
without stated consideration, the estimated price the property would bring in an open
market and under the prevailing market conditions in a sale between a willing seller and
a willing buyer, both of whom are conversant with the property and with prevailing
general price levels.
11-1132 Real estate transfer fee; collection; disposition of proceeds
A. Before recording a deed or contract relating to the sale or transfer of real
property, the county recorder shall collect a fee of two dollars for the deed or
contract, in addition to the fee collected pursuant to section 11-475.
B. The county shall retain all monies collected pursuant to this section in the
same manner as monies collected under section 11-475.
11-1133 Affidavit of legal value
A. Each deed evidencing a transfer of title and any contract relating to the sale
of real property shall have appended at the time of recording an affidavit of the seller
and the buyer to the transaction, or the agent of either the seller or buyer, or both, in
a form approved by the department of revenue, who shall declare and jointly certify the
1. The name and address of the buyer and seller.
2. The name and address where a tax statement may be sent.
3. The complete legal description of the property.
4. The situs address, if any, of the property.
5. The date of sale.
6. The total consideration paid for the property, the amount of cash down payment
and whether or not the type of financing included cash, a new third party loan, a new
loan from the seller, an assumption of an existing loan or an exchange or trade of
7. Whether or not the estimated market value of personal property received by the
buyer equals five per cent or more of the total consideration.
8. The assessor's parcel number or numbers assigned to the real property by the
county assessor or, in the case of a new parcel or parcels not yet assigned a parcel
number, the parcel number or numbers of the previous parcel or parcels from which the new
parcel or parcels are created.
9. The conditions of the transaction including the relationship, if any, of the
10. The use and description of the property and, in the case of a residential
dwelling, whether the property is to be owner-occupied or rented.
11. The name and address of the person to contact regarding information contained on
B. The county recorder shall refuse to record any deed and any contract relating to
the sale of real property if a complete affidavit of legal value is not appended unless
the instrument bears a notation indicating an exemption pursuant to section 11-1134.
C. An affidavit is complete for purposes of this section if all of the required
information is stated on the affidavit form or is indicated on the form as "not
A. The affidavit and fee required by this article do not apply to the following
1. A deed that represents the payment in full or forfeiture of a recorded contract
for the sale of real property.
2. A lease or easement on real property, regardless of the length of the term.
3. A deed, patent or contract for the sale or transfer of real property in which an
agency or representative of the United States, this state, a county, city or town of this
state or any political subdivision of this state is the named grantor, and authorized
seller, or purchaser.
4. A quitclaim deed to quiet title as described in section 12-1103, subsection B.
5. A conveyance of real property that is executed pursuant to a court order.
6. A deed to an unpatented mining claim.
7. A deed of gift.
B. The affidavit and fee required by this article do not apply to a transfer of
1. Solely in order to provide or release security for a debt or obligation,
including a trustee's deed pursuant to power of sale under a deed of trust.
2. That confirms or corrects a deed that was previously recorded.
3. Between husband and wife, or parent and child, with only nominal actual
consideration for the transfer.
4. On a sale for delinquent taxes or assessments.
5. On partition.
6. Pursuant to a merger of corporations.
7. By a subsidiary corporation to its parent corporation for no consideration or
nominal consideration or in sole consideration for canceling or surrendering the
8. From a person to a trustee or from a trustee to a trust beneficiary with only
nominal actual consideration for the transfer.
9. To and from an intermediary for the purpose of creating a joint tenancy estate
or some other form of ownership.
10. From a husband and wife or one of them to both husband and wife to create an
estate in community property with right of survivorship.
11. From two or more persons to themselves to create an estate in joint tenancy with
right of survivorship.
12. Pursuant to a beneficiary deed with only nominal actual consideration for the
C. Any instrument that describes a transaction that is exempt under this section
shall note the exemption on the face of the instrument at the time of recording,
indicating the specific exemption that is claimed.
11-1135 Transmitting affidavit to county assessor and department of revenue
A. The county recorder shall:
1. Place the fee or recording number and the date of recording on the original
2. Transmit the original affidavit to the county assessor.
B. The county assessor shall transmit the original affidavit to the department.
C. The department shall maintain a permanent file of all affidavits that are
received from the county assessors. Neither the recorder nor the assessor is required to
maintain a file of affidavits.
11-1136 Administrative and enforcement powers of department
A. The department may prescribe rules that are reasonably necessary to facilitate
and expedite the imposition, collection and administration of the fee imposed pursuant to
B. The department or its authorized agents may:
1. Examine books, papers, records or other data bearing on the correctness of any
affidavit that is filed or fee that is collected pursuant to this article.
2. Require the attendance of any person and administer oaths and take testimony
with respect to these matters.
11-1137 Violations; classification
A. A county recorder or employee of the recorder who knowingly records any deed or
contract for which a fee is charged by this article without collecting the additional fee
is guilty of a class 2 misdemeanor.
B. Any person who knowingly fails to provide or knowingly falsifies the information
that is required by this article on the affidavit of legal value is guilty of a class 2