AN INITIATIVE MEASURE

AMENDING TITLE 11, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 11; AMENDING LAWS 1998, CHAPTER 204, SECTION 1; REPEALING PROPOSITION 303 OF THE 1998 GENERAL ELECTION, SECTION 1; REPEALING PROPOSITION 303 OF THE 1998 GENERAL ELECTION, SECTION 4; AMENDING SECTION 9-461.05, ARIZONA REVISED STATUTES; AMENDING SECTION 9-461.06, ARIZONA REVISED STATUTES; REPEALING SECTION 9-461.13, ARIZONA REVISED STATUTES; AMENDING SECTION 9-462.01, ARIZONA REVISED STATUTES; REPEALING SECTION 9-463.06, ARIZONA REVISED STATUTES; AMENDING SECTION 11-806.01, ARIZONA REVISED STATUTES; REPEALING SECTION 11-809, ARIZONA REVISED STATUTES; AMENDING TITLE 11, CHAPTER 6, ARTICLE 1, ARIZONA REVISED STATUTES BY ADDING SECTION 11-812; AMENDING SECTION 11-821, ARIZONA REVISED STATUTES; AMENDING SECTION 11-824, ARIZONA REVISED STATUTES; AMENDING SECTION 11-829, ARIZONA REVISED STATUTES; REPEALING SECTION 11-833, ARIZONA REVISED STATUTES; REPEALING TITLE 11, CHAPTER 8, ARTICLE 1, ARIZONA REVISED STATUTES; AMENDING SECTION 37-331.03, ARIZONA REVISED STATUTES; AMENDING SECTION 41-511.23, ARIZONA REVISED STATUTES; REPEALING SECTION 41-1314, ARIZONA REVISED STATUTES; RELATING TO URBAN GROWTH MANAGEMENT AND PUBLIC ACCESS TO STATE CONSERVATION LANDS.

Be it enacted by the People of the State of Arizona:

 

Section 1. Title 11, Arizona Revised Statutes, is amended by adding Chapter 11, to read:

CHAPTER 11

URBAN GROWTH MANAGEMENT

 

11-1601. PURPOSE

THE PEOPLE OF ARIZONA FIND THAT RAPID AND POORLY PLANNED URBAN GROWTH IS CAUSING SERIOUS HARM TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY DAMAGING THE STATE’S NATURAL HERITAGE; IMPOSING UNFAIR TAX BURDENS ON EXISTING RESIDENTS; OVERBURDENING POLICE PROTECTION, EMERGENCY SERVICES, SCHOOLS, ROADS, WATER SUPPLIES, AND OTHER PUBLIC FACILITIES AND SERVICES; CREATING UNHEALTHFUL LEVELS OF AIR AND WATER POLLUTION; HARMING ECOSYSTEMS; DEGRADING SCENIC BEAUTY; AND IMPAIRING THE ABILITY OF CITIES AND TOWNS TO MAINTAIN COMMUNITY CHARACTER AND PROTECT NEIGHBORHOODS. THE PURPOSE OF THIS ACT IS TO REQUIRE THE ADOPTION OF LEGALLY BINDING GROWTH MANAGEMENT PLANS TO REDRESS AND PREVENT THE ABOVE HARMS, TO PROVIDE LOCAL VOTERS WITH DIRECT CONTROL OVER ADOPTION AND AMENDMENT OF THESE PLANS, TO EFFECTIVELY MANAGE DEVELOPMENT, AND TO LIMIT URBAN SPRAWL, ALL IN THE SPECIFIC MANNER PROVIDED IN THIS ACT.

11-1602. MANDATORY GROWTH MANAGEMENT PLANS; REQUIREMENTS

A. NOT LATER THAN JANUARY 1, 2003, EACH MUNICIPALITY AND COUNTY SHALL ADOPT BY ORDINANCE A LEGALLY ENFORCEABLE GROWTH MANAGEMENT PLAN. VOTER APPROVAL SHALL BE REQUIRED FOR ADOPTION AND AMENDMENT OF THE PLAN. EACH PLAN SHALL:

1. ESTABLISH URBAN GROWTH AREAS, OUTSIDE OF WHICH NEW URBAN DEVELOPMENT AND SERVICES WILL BE LIMITED AS PROVIDED IN SECTION 11-1603.

2. REQUIRE DEVELOPERS TO PAY THE FULL COST OF ADDITIONAL PUBLIC FACILITY NEEDS THAT WILL BE CREATED BY NEW COMMERCIAL, INDUSTRIAL, AND SUBDIVISION PROJECTS, UNLESS THE PROJECT IS LOCATED WITHIN AN INFILL INCENTIVE AREA AS PROVIDED IN SECTION 11-1604. FOR EACH TYPE OF PUBLIC FACILITY, THE PLAN SHALL SPECIFY IN DETAIL HOW THE COSTS WILL BE CALCULATED AND WHEN THE COUNTY OR MUNICIPALITY WILL COLLECT PAYMENT THEREFOR.

3. PROTECT AIR AND WATER QUALITY BY SETTING POLICIES AND REQUIREMENTS TO ENSURE THAT GROWTH IS CONSISTENT WITH STEADY PROGRESS TOWARD MEETING STATE AND FEDERAL STANDARDS, AND THAT CONTINUED COMPLIANCE WITH THOSE STANDARDS IS MAINTAINED ONCE MET.

4. SET POLICIES AND REQUIREMENTS TO ENSURE THAT WATER DEMAND FROM NEW DEVELOPMENT DOES NOT PLACE AN UNREASONABLE BURDEN UPON GROUND AND SURFACE WATER SUPPLIES.

5. SET POLICIES AND REQUIREMENTS FOR TERRITORY WITHIN URBAN GROWTH AREAS TO PROTECT ENVIRONMENTAL QUALITY, NEIGHBORHOODS, SCENIC VISTAS, NATURAL OPEN SPACE, MOUNTAIN AND OTHER PUBLIC PRESERVES, HISTORIC AREAS AND ARCHAEOLOGICAL SITES, AND PROVIDE FOR AFFORDABLE HOUSING.

6. SET POLICIES AND REQUIREMENTS TO PROMOTE MULTIMODAL FORMS OF TRANSPORTATION AND ENSURE THAT PROPOSALS FOR NEW ROADS, ADDITIONAL ROAD LANES, AND OTHER TRANSPORTATION ELEMENTS ARE EVALUATED FOR THEIR URBAN GROWTH IMPACT BEFORE APPROVAL.

B. TO THE MAXIMUM EXTENT PRACTICABLE, THE GOVERNING BODIES OF MUNICIPALITIES AND COUNTIES SHALL COORDINATE THEIR PLANS WITH EACH OTHER TO ADVANCE THE PURPOSES OF THIS ACT.

C. A MUNICIPALITY INCORPORATED OR COUNTY FORMED AFTER THE EFFECTIVE DATE OF THIS ACT SHALL ADOPT A GROWTH MANAGEMENT PLAN COMPLYING WITH THIS ACT NO LATER THAN TWO YEARS AFTER INCORPORATION OR FORMATION. UNTIL THE PLAN IS ADOPTED, THE AREA ENCOMPASSED BY THE NEW MUNICIPALITY OR COUNTY SHALL CONTINUE TO BE GOVERNED BY THE PROVISIONS OF THIS ACT AND ANY PLAN APPLICABLE TO THE AREA BEFORE INCORPORATION OR FORMATION.

D. THE REQUIREMENTS OF THIS SECTION AND SECTION 11-1603 DO NOT APPLY TO MUNICIPALITIES WITH POPULATIONS OF LESS THAN TWO THOUSAND FIVE HUNDRED PERSONS BASED ON D.E.S. ESTIMATES AS OF THE EFFECTIVE DATE OF THIS ACT. THESE MUNICIPALITIES MAY ELECT TO SUBJECT THEMSELVES TO THIS SECTION AND SECTION 11-1603 EITHER BY ACTION OF THE GOVERNING BODY OR BY VOTER INITIATIVE. TWO YEARS AFTER PUBLICATION OF D.E.S. ESTIMATES SHOWING THAT A MUNICIPALITY’S POPULATION HAS REACHED OR EXCEEDED TWO THOUSAND FIVE HUNDRED PERSONS, THE MUNICIPALITY SHALL BECOME SUBJECT TO THIS SECTION AND SECTION 11-1603, AND SHALL ADOPT A GROWTH MANAGEMENT PLAN. AFTER JANUARY 1, 2003, A MUNICIPALITY ELIGIBLE FOR THE EXEMPTION IN THIS SECTION SHALL NONETHELESS BE SUBJECT TO THE RESTRICTIONS IN SECTION 11-1603, SUBSECTION C, EXCEPT AS TO SERVICE EXTENSIONS TO TERRITORY WITHIN ITS CORPORATE LIMITS.

11-1603. DESIGN AND EFFECT OF URBAN GROWTH AREAS

A. URBAN GROWTH AREAS SHALL BE DEFINED BY CLEAR BOUNDARIES, SHALL BE NO LARGER THAN NECESSARY TO ACCOMMODATE CLEARLY DEMONSTRATED NEEDS FOR URBAN POPULATION GROWTH FOR A TEN-YEAR PERIOD, CONSISTENT WITH D.E.S. PROJECTIONS, AND SHALL BE DESIGNED TO PROTECT NATURAL AREAS, WILDLIFE HABITAT, AIR QUALITY AND SCENIC VALUES; TO ECONOMICALLY PROVIDE FOR PUBLIC FACILITIES AND SERVICES; AND TO EFFECTIVELY LIMIT URBAN SPRAWL. AN URBAN GROWTH AREA MAY NOT ENCOMPASS TERRITORY OUTSIDE OF THE ZONING JURISDICTION OF THE MUNICIPALITY OR COUNTY ESTABLISHING THE AREA.

B. AFTER THE EARLIEST OF JANUARY 1, 2003 OR THE DATE IT ADOPTS A GROWTH MANAGEMENT PLAN, A MUNICIPALITY OR COUNTY SHALL NOT REZONE LANDS THAT ARE NOT WITHIN AN URBAN GROWTH AREA TO ALLOW AN INCREASE IN THE DENSITY OR INTENSITY OF DEVELOPMENT UNLESS AN EXCEPTION IS GRANTED PURSUANT TO SECTION 11-1605. THIS RESTRICTION SHALL NOT IMPAIR THE CONTINUATION OR IMPROVEMENT OF LAND USES IN EXISTENCE AS OF THE EARLIEST OF JANUARY 1, 2003 OR THE DATE THE PLAN WAS ADOPTED, NOR LAND USE RIGHTS VESTED AS OF THAT DATE.

C. AFTER THE EARLIEST OF JANUARY 1, 2003 OR THE DATE A MUNICIPALITY OR COUNTY ADOPTS A GROWTH MANAGEMENT PLAN, A POLITICAL SUBDIVISION OR PUBLIC SERVICE CORPORATION SHALL NOT EXTEND PUBLIC SERVICES TO TERRITORY WITHIN A MUNICIPALITY OR COUNTY THAT IS OUTSIDE AN URBAN GROWTH AREA UNLESS THE MUNICIPALITY OR COUNTY WITH JURISDICTION OVER THAT TERRITORY GRANTS AN EXCEPTION PURSUANT TO SECTION 11-1605. THIS RESTRICTION SHALL NOT APPLY TO THE CONTINUED PROVISION OR IMPROVEMENT OF PUBLIC SERVICES FOR PERSONS AND LANDS ALREADY RECEIVING OR LEGALLY ENTITLED TO THESE SERVICES ON OR BEFORE THE EARLIEST OF JANUARY 1, 2003 OR THE DATE THE PLAN IS ADOPTED.

D. A GROWTH MANAGEMENT PLAN MAY PRESCRIBE ADDITIONAL MEASURES TO LIMIT URBAN SPRAWL, PROTECT NEIGHBORHOODS, PRESERVE NATURAL AREAS, AND EFFECTIVELY MANAGE GROWTH. THESE MEASURES MAY INCLUDE SPECIAL ZONING, TRANSFER OF DEVELOPMENT RIGHTS, SUBDIVISION CONTROLS, LIMITS ON THE ISSUANCE OF NEW BUILDING PERMITS, AND OTHER MEASURES TO LIMIT OR CONTROL SPRAWL.

E. AFTER THE EARLIEST OF JANUARY 1, 2003 OR THE DATE IT ADOPTS A GROWTH MANAGEMENT PLAN, A MUNICIPALITY OR COUNTY SHALL NOT APPROVE A NEW SUBDIVISION USING SEPTIC TANK SYSTEMS FOR WASTE DISPOSAL OUTSIDE AN URBAN GROWTH AREA EXCEPT BY A FOUR-FIFTHS VOTE OF ALL MEMBERS OF THE MUNICIPAL OR COUNTY GOVERNING BODY.

F. TERRITORY THAT IS ANNEXED BY A MUNICIPALITY SHALL RETAIN ITS PRE-ANNEXATION GROWTH AREA STATUS UNTIL THE MUNICIPALITY ADOPTS A PLAN OR PLAN AMENDMENT MODIFYING THIS STATUS.

G. THE RESTRICTIONS IN SUBSECTIONS B AND C OF THIS SECTION DO NOT APPLY TO REZONINGS OR SERVICE EXTENSIONS THAT ARE INTENDED SOLELY TO FACILITATE PROVISION OF POLICE PROTECTION OR EMERGENCY SERVICES.

11-1604. INFILL INCENTIVE AREAS

A GROWTH MANAGEMENT PLAN MAY IDENTIFY INFILL INCENTIVE AREAS WITHIN THE URBAN GROWTH AREA WHERE THE AMOUNT OF THE COST OF ADDITIONAL PUBLIC FACILITY NEEDS TO BE PAID FOR BY DEVELOPERS IS REDUCED AS SPECIFIED IN THE PLAN. INFILL INCENTIVE AREAS MUST BE DEFINED BY CLEAR BOUNDARIES AND MUST CONTAIN A SIGNIFICANT PROPORTION OF VACANT LOTS OR VACANT OR DETERIORATING STRUCTURES. WITHIN ANY MUNICIPALITY OR ANY UNINCORPORATED PORTION OF A COUNTY THE TOTAL AREA OF THE INFILL INCENTIVE AREAS IDENTIFIED IN THE PLAN SHALL NOT EXCEED TEN PERCENT OF THE URBAN GROWTH AREA.

11-1605. AUTHORIZATION TO GRANT EXCEPTIONS; APPROVAL OF EXCEPTIONS

A. A GROWTH MANAGEMENT PLAN MAY AUTHORIZE THE GRANTING OF EXCEPTIONS TO THE RESTRICTIONS IN SECTION 11-1603, SUBSECTIONS B AND C FOR EXTRAORDINARY AND COMPELLING CIRCUMSTANCES THAT ARE CLEARLY AND EXPLICITLY DEFINED IN THE PLAN. AN EXCEPTION SHALL BE NO MORE EXTENSIVE THAN WARRANTED BY THE REASONS JUSTIFYING THE EXCEPTION AND SHALL COMPLY WITH ALL OTHER PROVISIONS OF THE GROWTH MANAGEMENT PLAN.

B. IF A MUNICIPALITY OR COUNTY HAS NOT ADOPTED A GROWTH MANAGEMENT PLAN BY THE RELEVANT DEADLINE, THEN UNTIL A PLAN IS ADOPTED, THE MUNICIPALITY OR COUNTY MAY GRANT EXCEPTIONS TO THE RESTRICTIONS IN SECTION 11-1603, SUBSECTIONS B AND C FOR EXTRAORDINARY AND COMPELLING CIRCUMSTANCES THAT ARE CLEARLY AND EXPLICITLY DEFINED IN AN INTERIM ORDINANCE UNTIL A PLAN IS ADOPTED. AN EXCEPTION SHALL BE NO MORE EXTENSIVE THAN WARRANTED BY THE REASONS JUSTIFYING THE EXCEPTION.

C. AN EXCEPTION UNDER SUBSECTION A OR B OF THIS SECTION MUST BE APPROVED BY A FOUR-FIFTHS VOTE OF ALL MEMBERS OF THE MUNICIPAL OR COUNTY GOVERNING BODY GRANTING THE EXCEPTION, EXCEPT THAT AN EXCEPTION FOR A LAND AREA OR PROJECT OF MORE THAN TWENTY ACRES MUST BE APPROVED BY THE VOTERS PURSUANT TO SECTION 11-1606, SUBSECTION C. THE GOVERNING BODY SHALL NOT CIRCUMVENT THE VOTER APPROVAL REQUIREMENT BY GRANTING MULTIPLE EXCEPTIONS COLLECTIVELY TOTALING MORE THAN TWENTY ACRES FOR ANY SINGLE PROJECT OR GROUP OF RELATED PROJECTS.

D. IF A GROWTH MANAGEMENT PLAN IS REFERRED TO THE VOTERS PURSUANT TO SECTION 11-1606, SUBSECTION C AND THE VOTERS REJECT SUCH PLAN PRIOR TO JANUARY 1, 2003, THEN UNTIL JANUARY 1, 2005, THE RESTRICTIONS IN SECTION 11-1603, SUBSECTIONS B AND C CAN BE LIFTED AS TO ANY SPECIFIC PROJECT BY A UNANIMOUS VOTE OF THE MUNICIPAL OR COUNTY GOVERNING BODY, AS WELL AS BY THE GRANTING OF AN EXCEPTION PURSUANT TO SUBSECTION B OF THIS SECTION.

11-1606. PUBLIC PARTICIPATION AND VOTER CONTROL

A. THE GOVERNING BODY OF EACH MUNICIPALITY AND COUNTY PREPARING A GROWTH MANAGEMENT PLAN SHALL DEVELOP AND IMPLEMENT A PROGRAM THAT ENSURES THE OPPORTUNITY FOR CITIZENS TO BE INVOLVED IN THE PLANNING PROCESS, INCLUDING EARLY OPPORTUNITIES FOR CITIZENS TO REVIEW AND COMMENT ON PLAN ALTERNATIVES.

B. THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY MAY NOT ADOPT OR AMEND A GROWTH MANAGEMENT PLAN OR GRANT AN EXCEPTION UNDER SECTION 11-1605 WITHOUT FIRST HOLDING A PUBLIC HEARING PRECEDED BY AT LEAST 30 DAYS’ PUBLIC NOTICE AND ADDITIONAL NOTICE IN LIKE MANNER AS SPECIFIED IN SECTION 9-462.04, SUBSECTION A, PARAGRAPHS 5 AND 6. A GROWTH MANAGEMENT PLAN, AMENDMENT, OR EXCEPTION SHALL NOT BE ADOPTED AS AN EMERGENCY MEASURE.

C. EVERY GROWTH MANAGEMENT PLAN AND AMENDMENT THERETO ADOPTED BY THE GOVERNING BODY AND EVERY EXCEPTION UNDER SECTION 11-1605, SUBSECTIONS A OR B OF MORE THAN TWENTY ACRES SHALL BE AUTOMATICALLY REFERRED TO THE VOTERS OF THE ADOPTING JURISDICTION FOR APPROVAL OR DISAPPROVAL AT THE NEXT REGULARLY SCHEDULED STATE OR LOCAL GENERAL ELECTION, EXCEPT THAT AUTOMATIC REFERRAL SHALL NOT BE REQUIRED WITH RESPECT TO AN AMENDMENT THAT IS DESIGNED SOLELY TO CORRECT A TECHNICAL ERROR AND DOES NOT CHANGE THE ORIGINAL INTENT OF THE PLAN.

D. NO URBAN GROWTH AREA MAY BE ESTABLISHED BY A COUNTY IN UNINCORPORATED TERRITORY UNLESS SEPARATELY REFERRED TO AND APPROVED BY THE VOTERS WITHIN EACH AND EVERY SUPERVISORIAL DISTRICT THAT ENCOMPASSES ALL OR PART OF THE PROPOSED GROWTH AREA, IN ADDITION TO BEING APPROVED IN A COUNTYWIDE VOTE AS PROVIDED IN SUBSECTION C OF THIS SECTION. IF THE VOTERS WITHIN A SUPERVISORIAL DISTRICT THAT ENCOMPASSES ALL OR PART OF A PROPOSED URBAN GROWTH AREA REJECT THE ESTABLISHMENT OF THE PROPOSED GROWTH AREA, THIS REJECTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THE GROWTH MANAGEMENT PLAN OR AMENDMENT THERETO, AND TO THIS END THE PROVISIONS ESTABLISHING AN URBAN GROWTH AREA IN UNINCORPORATED TERRITORY SHALL BE SEVERABLE FROM THE REST OF THE PLAN OR AMENDMENT. WHERE VOTER APPROVAL IS REQUIRED, A PLAN, GROWTH AREA, AMENDMENT OR EXCEPTION SHALL NOT BE DEEMED ADOPTED UNTIL VOTER APPROVAL HAS BEEN OBTAINED.

E. A GROWTH MANAGEMENT PLAN MAY BE ADOPTED OR AMENDED AT ANY REGULARLY SCHEDULED STATE OR LOCAL GENERAL ELECTION VIA INITIATIVE PROPOSED BY THE REQUISITE NUMBER OF QUALIFIED ELECTORS OF THE JURISDICTION GOVERNED BY THE PLAN. UPON DETERMINATION THAT A SUFFICIENT NUMBER OF VALID SIGNATURES HAS BEEN SUBMITTED AND PRIOR TO THE ELECTION, THE GOVERNING BODY OF THE MUNICIPALITY OR COUNTY SHALL HOLD A PUBLIC HEARING ON THE INITIATIVE, PRECEDED BY NOTICE AS PROVIDED IN SUBSECTION B OF THIS SECTION.

11-1607. COMPLIANCE WITH URBAN GROWTH LIMITS

A MUNICIPALITY OR COUNTY, OR ANY OFFICER, EMPLOYEE, DEPARTMENT, BOARD OR COMMISSIONER THEREOF, SHALL NOT ACT IN A MANNER THAT VIOLATES OR IS CONTRARY TO THE PROVISIONS OF THE JURISDICTION’S ADOPTED GROWTH MANAGEMENT PLAN OR THIS ACT. LIKEWISE, A MUNICIPALITY OR COUNTY, OR ANY OFFICER, EMPLOYEE, DEPARTMENT, BOARD OR COMMISSIONER THEREOF, SHALL NOT FAIL TO ACT IN A MANNER THAT IS REQUIRED BY THE PLAN OR THIS ACT.

11-1608. ENFORCEMENT

THE ATTORNEY GENERAL SHALL ENFORCE THE PROVISIONS OF THIS ACT TO EFFECTUATE ITS PURPOSES. ANY PERSON, INCLUDING THE ATTORNEY GENERAL, MAY FILE A CIVIL ACTION IN SUPERIOR COURT ALLEGING VIOLATION OF THIS ACT BY ANY PERSON AND SEEKING INJUNCTIVE AND OTHER APPROPRIATE RELIEF.

11-1609. EXISTING USES AND PRIVATE PROPERTY RIGHTS PROTECTED

THIS ACT SHALL NOT BE CONSTRUED TO CAUSE OR ALLOW A TAKING OF PRIVATE PROPERTY, AND NO GROWTH MANAGEMENT PLAN OR AMENDMENT THERETO SHALL BE WRITTEN OR CONSTRUED SO AS TO CAUSE A TAKING. THIS ACT SHALL NOT AFFECT THE CONTINUATION OR IMPROVEMENT OF LAND USES IN EXISTENCE BEFORE THE EFFECTIVE DATE OF THIS ACT, LAND USE RIGHTS THAT HAVE VESTED BEFORE THAT DATE, OR USES, RIGHTS OR SERVICES PROTECTED UNDER SECTION 11-1603, SUBSECTIONS B AND C.

11-1610. SAVINGS CLAUSE

MUNICIPALITIES AND COUNTIES SHALL HAVE THE POWER TO MANAGE URBAN GROWTH OR REGULATE LAND USE IN ANY MANNER THAT IS CONSISTENT WITH THIS ACT, AND THE LEGISLATURE SHALL NOT ABROGATE OR LIMIT THAT POWER. NOTHING IN THIS ACT SHALL BE CONSTRUED AS LIMITING THE EXISTING POWERS OF MUNICIPALITIES AND COUNTIES TO MANAGE URBAN GROWTH OR REGULATE LAND USE IN A MANNER THAT IS CONSISTENT WITH THIS ACT.

11-1611. SEVERABILITY

IF A PROVISION OF THIS ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ACT THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ACT ARE SEVERABLE.

11-1612. INTERIM GROWTH LIMITS

FROM THE EFFECTIVE DATE OF THIS ACT UNTIL THE EARLIEST OF JANUARY 1, 2003 OR THE DATE IT ADOPTS A GROWTH MANAGEMENT PLAN, A MUNICIPALITY OR COUNTY SHALL NOT APPROVE A SUBDIVISION OR REZONE LAND TO ALLOW AN INCREASE IN THE DENSITY OR INTENSITY OF DEVELOPMENT EXCEPT BY A FOUR-FIFTHS VOTE OF ALL MEMBERS OF THE GOVERNING BODY. THIS SECTION SHALL NOT APPLY TO A MUNICIPALITY WITH A POPULATION OF LESS THAN TWO THOUSAND FIVE HUNDRED PERSONS AS OF THE EFFECTIVE DATE OF THIS ACT.

11-1613. IMPACT FEES

MUNICIPALITIES AND COUNTIES ARE GRANTED EXPRESS AUTHORITY TO ASSESS AND COLLECT IMPACT FEES PURSUANT TO PLAN PROVISIONS ADOPTED UNDER SECTION 11-1602, SUBSECTION A. THE AUTHORITY GRANTED HEREIN IS IN ADDITION TO THE AUTHORITY OF MUNICIPALITIES TO ASSESS AND COLLECT DEVELOPMENT FEES UNDER SECTION 9-463.05 AND THE AUTHORITY OF COUNTIES TO ASSESS AND COLLECT DEVELOPMENT FEES UNDER SECTION 11-812.

11-1614. STATE LANDS

WITH RESPECT TO LANDS OWNED OR HELD IN TRUST BY THIS STATE, THE REQUIREMENTS OF THIS ACT SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY THE ENABLING ACT AND THE CONSTITUTION OF ARIZONA.

11-1615. DEFINITIONS

IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:

1. "CONTINUATION OR IMPROVEMENT OF LAND USES IN EXISTENCE" MEANS THE CONTINUATION OF A LAWFUL EXISTING USE AS WELL AS ANY RELATED REPAIR, ALTERATION, ENLARGEMENT, REPLACEMENT, LAND IMPROVEMENT, OR ADDITION OF FACILITIES OR STRUCTURES, TO THE EXTENT THE FOREGOING ARE OTHERWISE LEGALLY ALLOWABLE WITHOUT A CHANGE IN THE APPLICABLE ZONING ORDINANCE. BY WAY OF EXAMPLE, CONTINUATION OR IMPROVEMENT OF AN EXISTING RESIDENTIAL USE INCLUDES THE REPAIR, ALTERATION, ENLARGEMENT, AND REPLACEMENT OF EXISTING STRUCTURES AND ACCESSORY USES, AS WELL AS THE ADDITION OF FACILITIES SUCH AS CARPORTS; GARAGES; DRIVEWAYS; GUEST HOUSES; PATIOS; PORCHES; FENCES; WALLS; UTILITIES; LANDSCAPING; POOLS; HEATING AND COOLING SYSTEMS; WELLS, SEPTIC TANKS AND APPURTENANT LINES; AND OTHER ACCESSORY USES, TO THE EXTENT THE FOREGOING ARE OTHERWISE LEGALLY ALLOWABLE WITHOUT A CHANGE IN THE APPLICABLE ZONING ORDINANCE.

2. "D.E.S." MEANS THE ARIZONA DEPARTMENT OF ECONOMIC SECURITY.

3. "FULL COST OF ADDITIONAL PUBLIC FACILITY NEEDS" MEANS THE COST OF ADDITIONAL PUBLIC FACILITY NEEDS NECESSITATED BY A NEW COMMERCIAL, INDUSTRIAL OR SUBDIVISION PROJECT THAT WOULD OTHERWISE BE BORNE BY THE MUNICIPALITY OR COUNTY OR THE TAXPAYERS WITHIN THE MUNICIPALITY OR COUNTY.

4. "IMPACT FEES" MEANS FEES CHARGED TO A DEVELOPER TO OFFSET THE COST OF PUBLIC FACILITY NEEDS CREATED BY DEVELOPMENT.

5. "INCREASE IN THE DENSITY OF DEVELOPMENT" MEANS AN INCREASE IN THE NUMBER OF DWELLING UNITS ALLOWED PER ACRE.

6. "INCREASE IN THE INTENSITY OF DEVELOPMENT" MEANS:

(a) CONVERSION FROM OPEN SPACE OR AGRICULTURAL USE TO RESIDENTIAL, COMMERCIAL OR INDUSTRIAL USE; OR

(b) CONVERSION FROM RESIDENTIAL USE TO COMMERCIAL OR INDUSTRIAL USE.

7. "MUNICIPALITY" MEANS AN INCORPORATED CITY OR INCORPORATED TOWN.

8. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCIATION, MUNICIPALITY, COUNTY, POLITICAL SUBDIVISION, THIS STATE, THE UNITED STATES, AND ANY OFFICER OR AGENCY OF THE FOREGOING.

9. "POLITICAL SUBDIVISION" MEANS ALL POLITICAL SUBDIVISIONS OF THE STATE, INCLUDING ALL COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, SPECIAL DISTRICTS, AND TAX LEVYING PUBLIC IMPROVEMENT DISTRICTS.

10. "PUBLIC FACILITY" MEANS ROADS; SCHOOLS; POLICE AND FIRE PROTECTION FACILITIES; PARKS; WATER STORAGE, TREATMENT, AND DISTRIBUTION FACILITIES, OTHER THAN FOR AGRICULTURE; SEWAGE COLLECTION, TREATMENT, RECLAMATION, AND DISPOSAL FACILITIES; STORM WATER COLLECTION, MANAGEMENT, AND DISPOSAL FACILITIES; FLOOD CONTROL FACILITIES; SOLID WASTE MANAGEMENT FACILITIES; PUBLIC TRANSIT FACILITIES; PEDESTRIAN AND BICYCLE PATHS; MOUNTAIN AND OTHER OPEN SPACE PRESERVES; AND ALL STRUCTURES, LANDS, EQUIPMENT AND FACILITIES ASSOCIATED WITH THE FOREGOING.

11. "PUBLIC SERVICES" MEANS THE FOLLOWING SERVICES PROVIDED BY A POLITICAL SUBDIVISION OR A PUBLIC SERVICE CORPORATION: POTABLE WATER SUPPLY SERVICE, WASTEWATER COLLECTION AND TREATMENT, AND GARBAGE COLLECTION SERVICE.

12. "ROAD" INCLUDES ROADS, STREETS, HIGHWAYS, AND SIMILAR FACILITIES.

13. "TAKING" OR "TAKING OF PRIVATE PROPERTY" MEANS A TAKING OF PRIVATE PROPERTY FOR WHICH COMPENSATION WOULD BE REQUIRED UNDER THE FIFTH AMENDMENT OF THE UNITED STATES CONSTITUTION OR ARTICLE 2, SECTION 17, CONSTITUTION OF ARIZONA.

14. "THIS ACT" MEANS THIS CHAPTER.

15. "URBAN SPRAWL" MEANS URBAN DEVELOPMENT THAT OCCURS IN URBAN FRINGE AND RURAL AREAS, AND THAT TYPICALLY MANIFESTS ITSELF IN ONE OR MORE OF THE FOLLOWING PATTERNS: A) LEAPFROG DEVELOPMENT; B) RIBBON OR STRIP DEVELOPMENT; C) DEVELOPMENT SEPARATED FROM CONTINUOUS URBAN DEVELOPMENT BY VACANT, LOW DENSITY, OR RURAL LAND; AND D) DEVELOPMENT THAT INVADES LANDS IMPORTANT FOR ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION OR SCENIC VALUE.

16. "VESTED RIGHT" OR "LAND USE RIGHT THAT HAS VESTED" MEANS A VESTED RIGHT TO USE OR DEVELOP LAND AS THOSE TERMS ARE DEFINED UNDER PUBLISHED ARIZONA APPELLATE COURT DECISIONS AS OF DECEMBER 31, 1998.

17. "ZONING ORDINANCE" MEANS A MUNICIPALITY OR COUNTY ORDINANCE REGULATING THE USE OF LAND OR STRUCTURES, OR BOTH.

 

Sec. 2. Laws 1998, chapter 204, section 1 is amended to read:

Section 1. The growing smarter act; description; intent

A. This act shall be known as "The Growing Smarter Act".

B. The Growing Smarter Act consists of comprehensive municipal, county and state land department land use planning and zoning reforms, provides for the acquisition and preservation of open spaces and establishes a program for continuing study and consideration of pertinent issues relating to public land use policies, all in order to further the best interests of our citizens by protecting our natural heritage and wisely managing the growth of our communities.

C. Key components of the Growing Smarter Act are:

1. A ballot proposition presented to the voters to fund grants of money from existing state revenues to conserve open spaces in or near urban areas and other areas experiencing high growth pressures.

2. Reforms to local planning laws.

3. Greater public participation.

4. Mandatory rezoning compliance with general and comprehensive plans.

5. State trust land planning.

6. An urban and rural growth study commission.

7. Protections and assurances for owners of private property:

(a) Sections 2 through 10 of this act:

(i) Shall not be construed to cause or allow a taking of private property. No general or comprehensive plan or amendment to a general or comprehensive plan may be written or construed so as to cause a taking as defined by section 9-500.13 or 11-811, Arizona Revised Statutes.

(ii) Do not affect the continuation or improvement of land uses, public services and development agreements in existence before the effective date of this act, protected development rights under title 9, chapter 11 and title 11, chapter 9, Arizona Revised Statutes, or any land use and public service rights that have vested before the effective date of this act. For purposes of this paragraph, "rights that have vested" means a vested right to use or develop land as defined under published Arizona court decisions.

(iii) Are intended to increase the value and utility of the general and comprehensive planning processes by providing that rezoning actions shall be more effectively guided by a community’s general and comprehensive plans.

(b) This act shall not be construed to require downzoning or require a rezoning to a more intensive land use classification of private property by the governing body of a city, town or county in order to place all lands in conformity with current or future comprehensive plans.

D. The comprehensive reforms in The Growing Smarter Act conflict with the initiative styled "The Citizens Growth Management Act" which mandates the establishment of urban growth areas, growth management plans and limits the expansion of public services.

E. The citizens of this state are thus given a clear choice in the direction they want counties and municipalities to follow in planning and managing the growth that is inevitable in this state. The Growing Smarter Act and the Citizens Growth Management Act are not compatible. The Growing Smarter Act, can take effect and work successfully only if the Citizens Growth Management Act is defeated by the voters.

 

Sec. 3. Repeal. Proposition 303 of the 1998 General Election, section 1 is repealed, as follows:

Section 1. The growing smarter act; description; intent

A. The legislature has enacted "The Growing Smarter Act" consisting of comprehensive municipal, county and state land department land use planning and zoning reforms, providing for the acquisition and preservation of open spaces and establishing a program for continuing study and consideration of pertinent issues relating to public land use policies.

B. This proposition presents to the voters a key component of the Growing Smarter Act. It funds grants of money from existing state revenues to conserve open spaces in or near urban areas and other areas experiencing high growth pressures. Combined with more specific and more detailed community plans, greater public participation in creating and amending community plans, mandatory rezoning conformity with adopted plans, state trust land planning and an urban and rural growth study commission, this funding furthers the best interests of our citizens by protecting our natural heritage and wisely managing the growth of our communities.

C. These comprehensive reforms conflict with the initiative styled "The Citizens Growth Management Act" which mandates the establishment of urban growth areas, growth management plans and limits the expansion of public services. The proposals in The Citizens Growth Management Act are inconsistent with state funded acquisition and preservation of open space within urban growth areas and with providing affordable housing and other urban land use needs. Moreover, local tax bases may be eroded by the acquisition of urban open space property by government entities under this act unless local governments are allowed to continue to annex new territory.

D. The voters are thus presented a clear choice in the direction they want counties and municipalities to follow in planning and managing the growth that is inevitable in this state. The Growing Smarter Act and the Citizens Growth Management Act are not compatible. This proposition, the Growing Smarter Act, can take effect and work successfully only if the Citizens Growth Management Act is not approved by the voters and does not become effective.

Sec. 4. Repeal. Proposition 303 of the 1998 General Election, section 4 is repealed, as follows:

Sec. 4. Conditional repeal

Section 2 of this act is repealed if the initiative styled "The Citizens Growth Management Act" and designated by the secretary of state as 12-I-98 is approved by the voters at the general election held November 3, 1998 and becomes effective pursuant to article IV, part 1, section 1, Constitution of Arizona.

Sec. 5. Section 9-461.05, Arizona Revised Statutes, is amended to read:

9-461.05. General plans; authority; scope

A. Each planning agency shall prepare and the legislative body of each municipality shall adopt a comprehensive, long-range general plan for the development of the municipality. The planning agency shall coordinate the production of its general plan with the creation of the state land department conceptual land use plans under title 37, chapter 2, article 5.1 and cooperate with the state land department regarding integrating the conceptual state land use plans into the municipality’s general land use plan. The general plan shall include provisions that identify changes or modifications to the plan that constitute amendments and major amendments. The plan shall be adopted and readopted in the manner prescribed by section 9-461.06. THE GENERAL PLAN SHALL BE CONSISTENT WITH AND CONFORM TO THE MUNICIPALITY’S GROWTH MANAGEMENT PLAN ADOPTED UNDER TITLE 11, CHAPTER 11. WHERE THE GENERAL PLAN AND THE GROWTH MANAGEMENT PLAN ARE IN CONFLICT, THE GROWTH MANAGEMENT PLAN SHALL SUPERSEDE THE GENERAL PLAN.

B. The general plan shall be so prepared that all or individual elements of it may be adopted by the legislative body and that it may be made applicable to all or part of the territory of the municipality.

C. The general plan shall consist of a statement of community goals and development policies. It shall include maps, any necessary diagrams and text setting forth objectives, principles, standards and plan proposals. The plan shall include the following elements:

1. A land-use element which designates the proposed general distribution and location and extent of such uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and such other categories of public and private uses of land as may be appropriate to the municipality. The land-use element shall include a statement of the standards of population density and building intensity recommended for the various land-use categories covered by the plan. The land use element shall identify specific programs and policies that the municipality may use to promote infill or compact form development activity and locations where those development patterns should be encouraged. The land use element shall include consideration of air quality and access to incident solar energy for all general categories of land use. The land use element shall include policies that address maintaining a broad variety of land uses including the range of uses existing in the municipality when the plan is adopted, readopted or amended.

2. A circulation element consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land-use element of the plan.

D. For cities and towns having a population of more than two thousand five hundred persons according to the most recent United States decennial census, the general plan shall include, and for other towns the general plan may include:

1. An open space element that includes:

(a) A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources.

(b) An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources.

(c) Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plans.

2. A growth area element, specifically identifying those areas, if any, that are particularly suitable for planned multimodal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses. This element shall include policies and implementation strategies that are designed to:

(a) Make automobile, transit and other multimodal circulation more efficient, make infrastructure expansion more economical and provide for a rational pattern of land development.

(b) Conserve significant natural resources and open space areas in the growth area and coordinate their location to similar areas outside the growth area’s boundaries.

(c) Promote the public and private construction of timely and financially sound infrastructure expansion through the use of infrastructure funding and financing planning that is coordinated with development activity.

3. An environmental planning element that contains analysis, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the general plan. The policies and strategies to be developed under this element shall be designed to have community-wide applicability and shall not require the production of an additional environmental impact statement or similar analysis beyond the requirements of state and federal law.

4. A cost of development element that identifies policies and strategies that the municipality will use to require development to pay its fair share toward the cost of additional public service needs generated by new development, with appropriate exceptions when in the public interest. This element shall include:

(a) A component that identifies various mechanisms allowed by law that can be used to fund and finance additional public services necessary to serve the development, including bonding, special taxing districts, development fees, in-lieu fees, facility construction, dedications and service privatization.

(b) A component that identifies policies to ensure that any mechanisms that are adopted by the municipality under this element result in a beneficial use to the development, bear a reasonable relationship to the burden imposed on the municipality to provide additional necessary public services to the development and otherwise are imposed according to law.

E. The general plan shall include for cities of fifty thousand persons or more and may include for cities of less than fifty thousand persons the following elements or any part or phase thereof:

1. A conservation element for the conservation, development and utilization of natural resources, including forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The conservation element may also cover:

(a) The reclamation of land.

(b) Flood control.

(c) Prevention and control of the pollution of streams and other waters.

(d) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.

(e) Prevention, control and correction of the erosion of soils, beaches and shores.

(f) Protection of watersheds.

2. A recreation element showing a comprehensive system of areas and public sites for recreation, including the following and, if practicable, their locations and proposed development:

(a) Natural reservations.

(b) Parks.

(c) Parkways and scenic drives.

(d) Beaches.

(e) Playgrounds and playfields.

(f) Open space.

(g) Bicycle routes.

(h) Other recreation areas.

3. The circulation element provided for in subsection C, paragraph 2 shall also include for cities of fifty thousand persons or more and may include for cities of less than fifty thousand persons recommendations concerning parking facilities, building setback requirements and the delineations of such systems on the land, a system of street naming and house and building numbering and such other matters as may be related to the improvement of circulation of traffic. The circulation element may also include:(a) A transportation element showing a comprehensive transportation system, including locations of rights-of-way, terminals, viaducts and grade separations. This element of the plan may also include port, harbor, aviation and related facilities.

(b) A transit element showing a proposed system of rail or transit lines or such other mode of transportation as may be appropriate.

4. A public services and facilities element showing general plans for police, fire, emergency services, sewage, refuse disposal, drainage, local utilities, rights-of-way, easements and facilities for them.

5. A public buildings element showing locations of civic and community centers, public schools, libraries, police and fire stations, and other public buildings.

6. A housing element consisting of standards and programs for the elimination of substandard dwelling conditions, the improvement of housing quality, variety and affordability and for provision of adequate sites for housing. This element shall contain an identification and analysis of existing and forecasted housing needs. This element shall be designed to make equal provision for the housing needs of all segments of the community regardless of race, color, creed or economic level.

7. A conservation, rehabilitation and redevelopment element consisting of plans and programs for:

(a) The elimination of slums and blighted areas.

(b) Community redevelopment, including housing sites, business and industrial sites and public building sites.

(c) Neighborhood preservation and revitalization.

(d) Other purposes authorized by law.

8. A safety element for the protection of the community from natural and man-made hazards including features necessary for such protection as evacuation routes, peak load water supply requirements, minimum road widths according to function, clearances around structures and geologic hazard mapping in areas of known geologic hazards.

9. A bicycling element consisting of proposed bicycle facilities such as bicycle routes, bicycle parking areas and designated bicycle street crossing areas.

F. The policies and strategies to be developed under these elements shall be designed to have community-wide applicability and this section does not authorize the imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law.

Sec. 6. Section 9-461.06, Arizona Revised Statutes, is amended to read:

9-461.06. Adoption and amendment of general plan; expiration and readoption

A. The general plan and any amendment to such plan shall be adopted or readopted in the manner provided in this article.

B. The governing body shall:

1. Adopt written procedures to provide effective, early and continuous public participation in the development and major amendment of general plans from all geographic, ethnic and economic areas of the municipality. The procedures shall provide for:

(a) The broad dissemination of proposals and alternatives.

(b) The opportunity for written comments.

(c) Public hearings after effective notice.

(d) Open discussions, communications programs and information services.

(e) Consideration of public comments.

2. Consult with and advise public officials and agencies, the county, school districts, associations of governments, public land management agencies, other appropriate government jurisdictions, public utility companies, civic, educational, professional and other organizations, property owners and citizens generally to secure maximum coordination of plans and to indicate properly located sites for all public purposes on the general plan.

C. At least sixty days before the general plan or a portion, element or amendment of a general plan is adopted, the planning agency shall transmit the proposal to the legislative body and submit a review copy for information purposes to:

1. The planning agency of the county in which the municipality is located.

2. Each county or municipality that is contiguous to the corporate limits of the municipality or its area of extraterritorial jurisdiction.

3. The regional planning agency within which the municipality is located.

4. The department of commerce or any other state agency that is subsequently designated as the general planning agency for this state.

5. Any person or entity that requests in writing to receive a review copy of the proposal.

D. If the municipality has a planning commission, the planning commission shall hold at least one public hearing before approving a general plan or any amendment to such plan. When the general plan or any major amendment is being adopted, planning commissions in municipalities having populations over twenty-five thousand shall hold two or more public hearings at different locations within the municipality to promote citizen participation. Notice of the time and place of a hearing and availability of studies and summaries related thereto shall be given at least fifteen and not more than thirty calendar days before the hearing by:

1. Publication at least once in a newspaper of general circulation published or circulated in the municipality, or if there is none, AND BY POSTING the notice shall be posted in at least ten public places in the municipality.

2. Such other manner in addition to publication as the municipality may deem necessary or desirable.

E. Action by the planning commission on the general plan or any amendment to the plan shall be transmitted to the legislative body of the municipality.

F. Before adopting the general plan, or any amendment to it, the municipal legislative body shall hold at least one public hearing. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the planning commission as specified in subsection D. A PUBLIC HEARING HELD BY THE MUNICIPALITY LEGISLATIVE BODY TO AMEND THE GENERAL PLAN TO ALLOW A REZONING OF PROPERTY MUST OCCUR AT LEAST 30 DAYS PRIOR TO THE PUBLIC HEARING HELD ON THE REZONING OF THE PROPERTY PURSUANT TO SECTION 9-462.04.

G. The adoption or readoption of the general plan or any amendment to such plan shall be by resolution of the legislative body of the municipality, after notice as provided for in subsection D. The adoption or readoption of or a major amendment to the general plan shall be approved by affirmative vote of at least two-thirds THREE-FOURTHS of the members of the legislative body of the municipality. The general plan, or any amendment to the plan, shall be endorsed in the manner provided by the legislative body to show that it has been adopted by the legislative body. For purposes of this subsection, "major amendment" means any of the following:

1. A change of land use designation on the plan that:

(a) Increases the DENSITY OR intensity of use on the property.

(b) Decreases the DENSITY OR intensity of use on the property at the initiative of the governing body or zoning body.

2. Deletion of a requirement for the reservation or dedication of land for public purposes, except for minor boundary adjustments or street alignments.

3. Establishment of a new, or deletion of a planned, freeway, expressway, parkway or limited access arterial street shown on the general plan.

H. If the municipality does not have a planning commission, the only procedural steps required for the adoption of the general plan, or any amendment to such plan, shall be those provided in this article for action by the legislative body.

I. A copy of the adopted general plan of a municipality shall be sent to the planning agency of the county within which the municipality is located, and such plan or any portion thereof may be adopted as a part of the county general plan.

J. A general plan, with any amendments, is effective for up to ten years from the date the plan was initially adopted, or until the plan is readopted or a new plan is adopted pursuant to this subsection and becomes effective. On or before the tenth anniversary of the plan’s most recent adoption, the legislative body of the municipality shall either readopt the existing plan for an additional term of up to ten years or shall adopt a new general plan as provided by this article.

K. The adoption or readoption of a general plan, and any amendment to a general plan, shall not be enacted as an emergency measure and is subject to referendum as provided by article iv, part 1, section 1, subsection (8), constitution of Arizona, and title 19, chapter 1, article 4.

Sec. 7. Repeal. Section 9-461.13, Arizona Revised Statutes (Proposition 303 of the 1998 General Election, Section 3), is repealed, as follows:

9-461.13. Prohibited urban growth management requirements

A. There shall not be a state mandate that a city, charter city, town or county:

1. Adopt by ordinance or otherwise any "growth management" plan, however denominated, containing any provisions relating to such issues as mandatory development fees, mandatory air and water quality controls and street and highway environmental impacts, and requiring that, before adoption, the growth management plan, amendments and exceptions be automatically referred to the voters for approval.

2. Establish or recognize, formally or informally, urban growth boundaries, however denominated, that effectively prevent new urban development and extension of public services outside those boundaries.

3. Apply or attempt to apply urban growth management restrictions or boundaries to lands owned or held in trust by this state, unless specifically authorized by act of the legislature.

B. There shall not be a state mandate that the attorney general file any action in any court in this state against any local government or official to enforce any provision prohibited by this section.

Sec. 8. Section 9-462.01, Arizona Revised Statutes, is amended to read:

9-462.01. Zoning regulations; public hearing; definitions

A. Pursuant to the provisions of this article, the legislative body of any municipality by ordinance may in order to conserve and promote the public health, safety and general welfare:

1. Regulate the use of buildings, structures and land as between agriculture, residence, industry, business and other purposes.

2. Regulate signs and billboards.

3. Regulate location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot which may be occupied by a building or structure, access to incident solar energy and the intensity of land use.

4. Establish requirements for off-street parking and loading.

5. Establish and maintain building setback lines.

6. Create civic districts around civic centers, public parks, public buildings or public grounds and establish regulations therefor.

7. Require as a condition of rezoning public dedication of rights-of-way as streets, alleys, public ways, drainage and public utilities as are reasonably required by or related to the effect of the rezoning.

8. Establish floodplain zoning districts and regulations to protect life and property from the hazards of periodic inundation. Regulations may include variable lot sizes, special grading or drainage requirements, or other requirements deemed necessary for the public health, safety or general welfare.

9. Establish special zoning districts or regulations for certain lands characterized by adverse topography, adverse soils, subsidence of the earth, high water table, lack of water or other natural or man-made hazards to life or property. Regulations may include variable lot sizes, special grading or drainage requirements, or other requirements deemed necessary for the public health, safety or general welfare.

10. Establish districts of historical significance provided that:

(a) The ordinances may require that special permission be obtained for any development within the district if the legislative body has adopted a plan for the preservation of districts of historical significance which meets the requirements of subdivision (b) of this paragraph, and the criteria contained in the ordinance are consistent with the objectives set forth in the plan.

(b) A plan for the preservation of districts of historical significance shall identify districts of special historical significance, state the objectives to be sought concerning the development or preservation of sites, area and structures within the district, and formulate a program for public action including the provision of public facilities and the regulation of private development and demolition necessary to realize these objectives.

(c) The ordinance establishing districts of historical significance shall set forth standards necessary to preserve the historical character of the area so designated.

(d) The ordinances may designate or authorize any committee, commission, department or person to designate structures or sites of special historical significance in accordance with criteria contained in the ordinance, and no designation shall be made except after a public hearing upon notice of the owners of record of the property so designated. The ordinances may require that special permission be obtained for any development respecting the structures or sites.

11. Establish age specific community zoning districts in which residency is restricted to a head of a household or spouse who must be of a specific age or older and in which minors are prohibited from living in the home. Age specific community zoning districts shall not be overlayed over property without the permission of all owners of property included as part of the district unless all of the property in the district has been developed, advertised and sold or rented under specific age restrictions. The establishment of age specific community zoning districts is subject to all of the public notice requirements and other procedures prescribed by this article.

12. Establish procedures, methods and standards for the transfer of development rights within its jurisdiction. Any proposed transfer of development rights from the sending property or to the receiving property shall be subject to the notice and hearing requirements of section 9-462.04 and shall be subject to the approval and consent of the property owners of both the sending and receiving property. Prior to any transfer of development rights, a municipality shall adopt an ordinance providing for:

(a) The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and lienholders.

(b) The preservation of the character of the sending property and assurance that the prohibitions against the use and development of the sending property shall bind the landowner and every successor in interest to the landowner.

(c) The severance of transferable development rights from the sending property and the delayed transfer of development rights to a receiving property.

(d) The purchase, sale, exchange or other conveyance of transferable development rights prior to the rights being affixed to a receiving property.

(e) A system for monitoring the severance, ownership, assignment and transfer of transferable development rights.

(f) The right of a municipality to purchase development rights and to hold them for resale.

B. For the purposes prescribed in subsection A of this section the legislative body may divide a municipality, or portion of a municipality, into zones of the number, shape and area it deems best suited to carry out the purpose of this article and articles 6, 6.2 and 6.3 of this chapter.

C. All zoning regulations shall be uniform for each class or kind of building or use of land throughout each zone, but the regulations in one type of zone may differ from those in other types of zones as follows:

1. Within individual zones, there may be uses permitted on a conditional basis under which additional requirements must be met, including requiring site plan review and approval by the planning agency. The conditional uses are generally characterized by any of the following:

(a) Infrequency of use.

(b) High degree of traffic generation.

(c) Requirement of large land area.

2. Within residential zones, the regulations may permit modifications to minimum yard lot area and height requirements.

D. To carry out the purposes of this article and articles 6 and 6.2 of this chapter, the legislative body may adopt overlay zoning districts and regulations applicable to particular buildings, structures and land within individual zones. For the purposes of this subsection, "overlay zoning district" means a special zoning district that includes regulations which modify regulations in another zoning district with which the overlay zoning district is combined. Overlay zoning districts and regulations shall be adopted pursuant to section 9-462.04.

E. The legislative body may approve a change of zone conditioned upon a schedule for development of the specific use or uses for which rezoning is requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, the legislative body, after notification by certified mail to the owner and applicant who requested the rezoning, shall schedule a public hearing to take administrative action to extend, remove or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.

F. All zoning and rezoning ordinances or regulations adopted under this article shall be consistent with and conform to the adopted general of the municipality, if any, as adopted under article 6 of this chapter. In the case of uncertainty in constructing or applying the conformity of any part of a proposed rezoning ordinance to the adopted general plan of the municipality, the ordinance shall be construed in a manner that will further the implementation of, and not be contrary to, the goals, policies and applicable elements of the general plan. A rezoning ordinance conforms with the land use element of the general plan if it proposes land uses, densities or AND intensities within the range of identified uses, densities and intensities of the land use element of the general plan. A ZONING OR REZONING ORDINANCE IS SUBJECT TO REFERENDUM NOTWITHSTANDING THAT THE ORDINANCE IS CONSISTENT WITH AND CONFORMS TO THE ADOPTED GENERAL OR SPECIFIC PLAN.

G. THE LEGISLATURE SHALL NOT REQUIRE THE GOVERNING BODY OR ZONING BODY OF A MUNICIPALITY TO OBTAIN THE CONSENT OF THE LANDOWNER PRIOR TO REZONING LAND.

G. H. For purposes of this section:

1. "Development rights" means the maximum development that would be allowed on the sending property under any general or specific plan and local zoning ordinance of a municipality in effect on the date the municipality adopts an ordinance pursuant to subsection A, paragraph 12 of this section respecting the permissible use, area, bulk or height of improvements made to the lot or parcel. 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.

2. "Receiving property" means a lot or parcel within which development rights are increased pursuant to a transfer of development rights. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property without substantial adverse environmental, economic or social impact to the receiving property or to neighboring property.

3. "Sending property" means a lot or parcel with special characteristics, including farmland, woodland, desert land, mountain land, floodplain, natural habitats, recreation or parkland, including golf course area, or land that has unique aesthetic, architectural or historic value that a municipality desires to protect from future development.

4. "Transfer of development rights" means the process by which development rights from a sending property are affixed to one or more receiving properties.

Sec. 9 Repeal. Section 9-463.06, Arizona Revised Statutes, is repealed, as follows:

9-463.06. Standards for enactment of moratorium; land development; limitations; definitions

A. A city or town shall not adopt a moratorium on construction or land development unless it first:

1. Provides notice to the public published once in a newspaper of general circulation in the community at least thirty days before a final public hearing to be held to consider the adoption of the moratorium.

2. Makes written findings justifying the need for the moratorium in the manner provided for in this section.

3. Holds a public hearing on the adoption of the moratorium and the findings that support the moratorium.

B. For urban or urbanizable land, a moratorium may be justified by demonstration of a need to prevent a shortage of essential public facilities that would otherwise occur during the effective period of the moratorium. This demonstration shall be based on reasonably available information and shall include at least the following findings:

1. A showing of the extent of need beyond the estimated capacity of existing essential public facilities expected to result from new land development, including identification of any essential public facilities currently operating beyond capacity and the portion of this capacity already committed to development, or in the case of water resources, a showing that, in an active management area, an assured water supply cannot be provided or, outside an active management area, a sufficient water supply cannot be provided, to the new land development, including identification of current water resources and the portion already committed to development.

2. That the moratorium is reasonably limited to those areas of the city or town where a shortage of essential public facilities would otherwise occur and on property that has not received development approvals based upon the sufficiency of existing essential public facilities.

3. That the housing and economic development needs of the area affected have been accommodated as much as possible in any program for allocating any remaining essential public facility capacity.

C. A moratorium not based on a shortage of essential public facilities under subsection B of this section may be justified only by a demonstration of compelling need for other public facilities, including police and fire facilities. This demonstration shall be based on reasonably available information and shall include at least the following findings:

1. For urban or urbanizable land:

(a) That application of existing development ordinances or regulations and other applicable law is inadequate to prevent irrevocable public harm from development in affected geographical areas.

(b) That the moratorium is sufficiently limited to ensure that a needed supply of affected housing types and the supply of commercial and industrial facilities within or in proximity to the city or town are not unreasonably restricted by the adoption of the moratorium.

(c) Stating the reasons that alternative methods of achieving the objectives of the moratorium are unsatisfactory.

(d) That the city or town has determined that the public harm that would be caused by failure to impose a moratorium outweighs the adverse effects on other affected local governments, including shifts in demand for housing or economic development, public facilities and services and buildable lands and the overall impact of the moratorium on population distribution.

(e) That the city or town proposing the moratorium has developed a work plan and time schedule for achieving the objectives of the moratorium.

2. For rural land:

(a) That application of existing development ordinances or regulations and other applicable law is inadequate to prevent irrevocable public harm from development in affected geographical areas.

(b) Stating the reasons that alternative methods of achieving the objectives of the moratorium are unsatisfactory.

(c) That the moratorium is sufficiently limited to ensure that lots or parcels outside the affected geographical areas are not unreasonably restricted by the adoption of the moratorium.

(d) That the city or town proposing the moratorium has developed a work plan and time schedule for achieving the objectives of the moratorium.

D. Any moratorium adopted pursuant to this section does not affect any express provision in a development agreement entered into pursuant to section 9-500.05 or as defined in section 11-1101 governing the rate, timing and sequencing of development, nor does it affect rights acquired pursuant to a protected development right granted according to chapter 11 of this title or title 11, chapter 9. Any moratorium adopted pursuant to this section shall provide a procedure pursuant to which an individual landowner may apply for a waiver of the moratorium’s applicability to its property by claiming rights obtained pursuant to a development agreement, a protected development right or any vested right or by providing the public facilities that are the subject of the moratorium at the landowner’s cost.

E. A moratorium adopted under subsection C, paragraph 1 of this section shall not remain in effect for more than one hundred twenty days, but such a moratorium may be extended for additional periods of time of up to one hundred twenty days if the city or town adopting the moratorium holds a public hearing on the proposed extension and adopts written findings that:

1. Verify the problem requiring the need for the moratorium to be extended.

2. Demonstrate that reasonable progress is being made to alleviate the problem resulting in the moratorium.

3. Set a specific duration for the renewal of the moratorium.

F. A city or town considering an extension of a moratorium shall provide notice to the general public published once in a newspaper of general circulation in the community at least thirty days before a final hearing is held to consider an extension of a moratorium.

G. Nothing in this section shall prevent a city or town from complying with any state or federal law, regulation or order issued in writing by a legally authorized governmental entity.

H. A landowner aggrieved by a municipality’s adoption of a moratorium pursuant to this section may file, at any time within thirty days after the moratorium has been adopted, a complaint for a trial de novo in the superior court on the facts and the law regarding the moratorium. All matters presented to the superior court pursuant to this section have preference on the court calendar on the same basis as condemnation matters and the court shall further have the authority to award reasonable attorney fees incurred in the appeal and trial pursuant to this section to the prevailing party.

I. In this section:

1. "Compelling need" means a clear and imminent danger to the health and safety of the public.

2. "Essential public facilities" means water, sewer and street improvements to the extent that these improvements and water resources are provided by the city, town or private utility.

3. "Moratorium on construction or land development" means engaging in a pattern or practice of delaying or stopping issuance of permits, authorizations or approvals necessary for the subdivision and partitioning of, or construction on, any land. It does not include denial or delay of permits or authorizations because they are inconsistent with applicable statutes, rules, zoning or other ordinances.

4. "Rural land" means all property in the unincorporated area of a county or in the incorporated area of the city or town with a population of two thousand nine hundred or less persons according to the most recent United States decennial census.

5. "Urban or urbanizable land" means all property in the incorporated area of a city or town with a population of more than two thousand nine hundred persons according to the most recent United States decennial census.

6. "Vested right" means a right to develop property established by the expenditure of substantial sums of money pursuant to a permit or approval granted by the city, town or county.

Sec. 10 Section 11-806.01, Arizona Revised Statutes, is amended to read:

11-806.01. Subdivision regulation; platting rules; violation; classification; easement vesting; DEFINITIONS

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. Where 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 FROM a city, town or private water company designated as having an assured water supply, pursuant to section 45-576.

C. Any person causing WHO SUBDIVIDES IMPROVED OR UNIMPROVED LAND WITHOUT COMPLIANCE WITH THE ORDINANCES AND REGULATIONS GOVERNING SUBDIVISIONS ADOPTED BY THE BOARD OR WHO CAUSES a final plat to be recorded without first submitting the plat and obtaining approval of the board shall be IS guilty of a class 2 misdemeanor. IT IS LIKEWISE UNLAWFUL FOR A PERSON OR GROUP OF PERSONS ACTING IN CONCERT TO ATTEMPT TO AVOID THE PROVISIONS OF THIS SECTION OR THE SUBDIVISION LAWS OF THIS STATE BY ACTING IN CONCERT OR UNDER A COMMON SCHEME OR PLAN OF DEVELOPMENT TO DIVIDE A PARCEL OF LAND INTO FOUR OR MORE LOTS OR SELL OR LEASE FOUR OR MORE LOTS BY USING A SERIES OF OWNERS OR CONVEYANCES. No county recorder shall accept for recording or record any plat which has not been approved as provided by this article. A COUNTY SHALL NOT ISSUE A BUILDING PERMIT FOR ANY LOT, PARCEL OR TRACT CREATED IN VIOLATION OF THIS SECTION.

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 rules and regulations of uniform application governing PRELIMINARY AND FINAL plats and DESIGN OF 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 rules and 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 rules and 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 rules and regulations by the board or any amendment thereof as provided in this article, a public hearing shall be held by the commission. A copy of the rules and 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. COUNTY BOARDS OF SUPERVISORS MAY ADOPT ORDINANCES AND REGULATIONS GOVERNING LAND DIVISIONS IN THE UNINCORPORATED COUNTY, INCLUDING REGULATIONS CONCERNING:

1. APPLICABLE ZONING REQUIREMENTS.

2. LEGAL ACCESS TO ALL PARCELS CREATED BY LAND DIVISION INCLUDING PUBLIC UTILITY FACILITY ACCESS. IF THE LEGAL ACCESS TO A LOT, PARCEL OR TRACT IS NOT A PUBLIC ROADWAY, A COUNTY MAY REQUIRE, AS A CONDITION OF LAND DIVISION APPROVAL:

(a) A PROPERTY OWNER TO SUBMIT A SEPARATE, RECORDED GRANT OR EASEMENT THAT PROVIDES LEGAL ACCESS TO THE PROPOSED LOTS, PARCELS OR TRACTS, OR A DEED CREATING THE LAND DIVISION THAT INCLUDES A GRANT OR EASEMENT PROVIDING LEGAL ACCESS TO SUCH LOTS, PARCELS OR TRACTS, AND A NOTARIZED AFFIDAVIT THAT IS SIGNED BY THE PROPERTY OWNER AND THAT STATES THAT THE LEGAL ACCESS IS TRAVERSABLE BY EMERGENCY AND OTHER VEHICLES.

(b) THE DEED OR GRANT PROVIDING LEGAL ACCESS AND THE AFFIDAVIT STATING THAT THE LEGAL ACCESS DESCRIBED IS TRAVERSABLE SHALL BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER AND SHALL RUN WITH THE LAND.

K. K. IF THE LEGAL ACCESS TO A LOT, PARCEL OR TRACT IS SUBSEQUENTLY FOUND NOT TRAVERSABLE BY EMERGENCY OR OTHER VEHICLES, NEITHER THE COUNTY NOR ITS AGENTS OR EMPLOYEES ARE LIABLE FOR ANY DAMAGES RESULTING FROM THE ERRORS OR DEFICIENCIES IN THE ACCESS TO A LOT, PARCEL OR TRACT, OR THE FAILURE OF EMERGENCY OR OTHER VEHICLES TO REACH SUCH LOT, PARCEL OR TRACT.

L. L. A COUNTY MAY DENY ISSUANCE OF A BUILDING PERMIT FOR A LOT, PARCEL OR TRACT THAT WAS CREATED WITHOUT COMPLIANCE WITH THE REQUIREMENTS OF A DULY ADOPTED LAND DIVISION ORDINANCE.

M. M. FOR PURPOSES OF THIS SECTION AND SECTION 11-806.02, UNLESS THE CONTEXT OTHERWISE REQUIRES:

1. "DESIGN" MEANS STREET ALIGNMENT, GRADES AND WIDTHS, ALIGNMENT AND WIDTHS OF EASEMENTS AND RIGHTS-OF-WAY FOR DRAINAGE AND SANITARY SEWERS AND THE ARRANGEMENT AND ORIENTATION OF LOTS.

2. "FINAL PLAT" MEANS A MAP OF ALL OR PART OF A SUBDIVISION CONFORMING TO AN APPROVED PRELIMINARY PLAT AND PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AND THOSE OF ANY APPLICABLE COUNTY ORDINANCE OR REGULATION.

3. "FRACTIONAL INTEREST" MEANS AN UNDIVIDED INTEREST IN IMPROVED OR UNIMPROVED LAND, LOTS OR PARCELS OF ANY SIZE CREATED FOR THE PURPOSE OF SALE OR LEASE AND EVIDENCED BY A RECEIPT, CERTIFICATE, DEED OR OTHER DOCUMENT CONVEYING THE INTEREST. UNDIVIDED INTERESTS IN LAND, LOTS OR PARCELS CREATED IN THE NAMES OF A HUSBAND AND WIFE AS COMMUNITY PROPERTY, JOINT TENANTS OR TENANTS IN COMMON, OR IN THE NAMES OF OTHER PERSONS WHO, ACTING TOGETHER AS PART OF A SINGLE TRANSACTION, ACQUIRE THE INTERESTS WITHOUT A PURPOSE TO DIVIDE THE INTERESTS FOR PRESENT OR FUTURE SALE OR LEASE ARE DEEMED TO CONSTITUTE ONLY ONE FRACTIONAL INTERSEST.

4. "LAND DIVISION" MEANS THE DIVISION OF IMPROVED OR UNIMPROVED LAND OF LESS THAN ONE HUNDRED SIXTY ACRES INTO TWO OR THREE LOTS, PARCELS, TRACTS OR FRACTIONAL INTERESTS FOR THE PURPOSE OF SALE OR LEASE, WHETHER IMMEDIATE OR FUTURE, THAT DO NOT RESULT IN A SUBDIVISION.

5. "LEGAL ACCESS" MEANS A PUBLIC OR PRIVATE RIGHT, INCLUDING A RIGHT BY PUBLIC UTILITY FACILITIES, OF VEHICULAR INGRESS AND EGRESS TO A PUBLIC STREET OR HIGHWAY FROM A LOT, PARCEL OR TRACT CREATED AS THE RESULT OF A LAND DIVISION OR SUBDIVISION. LEGAL ACCESS SHALL BE DIRECTLY FROM EITHER THE LOT, PARCEL OR TRACT TO A PUBLIC STREET OR HIGHWAY PURSUANT TO A PERMANENT GRANT OR EASEMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER.

6. "PARCEL" MEANS AN INDIVIDUAL LOT OR PARCEL OF LAND THAT IS OWNED BY A PERSON OR OWNED BY ANY COMBINATION OF PERSONS JOINTLY OR IN COMMON AND THAT CAN BE IDENTIFIED BY A LEGAL DESCRIPTION, INDEPENDENT OF ANY OTHER PARCEL OF LAND, IN A DOCUMENT ON FILE IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER’S OFFICE.

7. "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP OR COMPANY AND ANY OTHER FORM OF MULTIPLE ORGANIZATION FOR CARRYING ON BUSINESS, FOREIGN OR DOMESTIC.

8. "PLAT" MEANS A MAP OF A SUBDIVISION.

9. "PRELIMINARY PLAT" MEANS A PRELIMINARY MAP OF A SUBDIVISION, INCLUDING SUPPORTING DATA, THAT INDICATES A PROPOSED SIBDIVISION DESIGN AND THAT IS PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AND THOSE OF ANY APPLICABLE COUNTY ORDINANCE OR REGULATION.

10. "SALE OR LEASE" MEANS EVERY DISPOSITION, TRANSFER OR OFFER OR ATTEMPT TO DISPOSE OF OR TRANSFER REAL PROPERTY, OR AN INTEREST, USE OR ESTATE IN REAL PROPERTY, INCLUDING THE OFFERING OF THE PROPERTY AS A PRIZE OR GIFT IF A MONETARY CHARGE OR CONSIDERATION FOR WHATEVER PURPOSE IS REQUIRED.

11. "SUBDIVIDE" OR "SUBDIVIDING" MEANS THE ONE-TIME OR SUCCESSIVE DIVIDING, LAYING OUT OR SEPARATING OF LOTS OR PARCELS FROM OR WITHIN A PARENT PARCEL OR PARENT TRACT THAT RESULTS IN A SUBDIVISION.

12. "SUBDIVIDER" MEANS ANY PERSON WHO OFFERS FOR SALE OR LEASE FOUR OR MORE LOTS, PARCELS OR FRACTIONAL INTERESTS IN A SUBDIVISION OR CAUSES LAND TO BE SUBDIVIDED INTO A SUBDIVISION FOR THE PERSON OR FOR OTHERS, OR WHO UNDERTAKES TO DEVELOP A SUBDIVISION. "SUBDIVIDER" DOES NOT INCLUDE A PUBLIC AGENCY OR OFFICER AUTHORIZED BY LAW TO CREATE SUBDIVISIONS.

13. "SUBDIVISION" OR "SUBDIVIDED LANDS" MEANS IMPROVED OR UNIMPROVED LAND DIVIDED OR PROPOSED TO BE DIVIDED, AT ONE TIME OR THROUGH SUCCESSIVE DIVISIONS, FOR THE PURPOSE OF FINANCING, SALE OR LEASE, WHETHER IMMEDIATE OR FUTURE, INTO FOUR OR MORE LOTS, PARCELS, TRACTS OR FRACTIONAL INTERESTS, OR IF A NEW STREET IS INVOLVED, ANY SUCH PROPERTY THAT IS DIVIDED INTO TWO OR MORE LOTS, PARCELS, TRACTS OR FRACTIONAL INTERESTS, OR ANY SUCH PROPERTY, THE BOUNDARIES OF WHICH HAVE BEEN FIXED BY A RECORDED PLAT, THAT IS DIVIDED INTO MORE THAN TWO PARTS. "SUBDIVISION" OR "SUBDIVIDED LANDS" INCLUDE A STOCK COOPERATIVE AND LANDS DIVIDED OR PROPOSED TO BE DIVIDED AS PART OF A COMMON PROMOTIONAL PLAN. "SUBDIVISION" OR "SUBDIVIDED LANDS" DO NOT INCLUDE THE FOLLOWING:

(a) LEASEHOLD OFFERINGS OF ONE YEAR OR LESS.

(b) THE DIVISION OR PROPOSED DIVISION OF LAND INTO LOTS OR PARCELS EACH OF WHICH IS, OR WILL BE, ONE HUNDRED SIXTY ACRES OR MORE IN AREA INCLUDING TO THE CENTER LINE OF DEDICATED ROADS OR EASEMENTS, IF ANY, CONTIGUOUS TO THE LOT OR PARCEL.

(c) THE LEASING OF AGRICULTURAL LANDS, OR OF APARTMENTS, OFFICES, STORES, HOTELS, MOTELS, PADS OR SIMILAR SPACE WITHIN AN APARTMENT BUILDING, INDUSTRIAL BUILDING, RENTAL RECREATIONAL VEHICLE COMMUNITY, RENTAL MANUFACTURED HOME COMMUNITY, RENTAL MOBILE HOME PARK OR COMMERCIAL BUILDING, EXCEPT THAT RESIDENTIAL CONDOMINIUMS AS DEFINED IN SECTION 33-1202 ARE INCLUDED IN THIS DEFINITION.

(d) THE SUBDIVISION INTO OR DEVELOPMENT OF PARCELS, PLOTS OR FRACTIONAL PORTIONS WITHIN THE BOUNDARIES OF A CEMETERY THAT HAS BEEN FORMED AND APPROVED PURSUANT TO TITLE 32, CHAPTER 20.

(e) THE SALE OR EXCHANGE OF PARCELS OF LAND TO OR BETWEEN ADJOINING PROPERTY OWNERS RESULTING IN AN ADJUSTMENT OF THE COMMON BOUNDARY BETWEEN ADJOINING PROPERTY, IF NO ADDITIONAL PARCEL OR LOT IS CREATED AND IF THE SIZE AND SHAPE OF THE RESULTING PARCELS OR LOTS COMPLY WITH APPLICABLE ZONING REGULATIONS.

(f) A CONVEYANCE OF LAND, WHETHER IN FEE, EASEMENT, OR BY LEASE OR LICENSE, TO A GOVERNMENTAL AGENCY OR PUBLIC ENTITY, INCLUDING ANY POLITICAL SUBDIVISION, OR TO A PUBLIC UTILITY OR SUBSIDIARY OF A PUBLIC UTILITY FOR RIGHTS OF WAY.

14. "TRACT" MEANS TWO OR MORE PARCELS THAT:

(a) SHARE A COMMON PROPERTY LINE AND ARE UNDER THE SAME OWNERSHIP.

(b) ARE UNDER DIFFERENT OWNERSHIP, BUT FOR WHICH THE OWNERS ACT IN CONCERT OR PURSUANT TO A COMMON PROMOTIONAL PLAN.

Sec. 11 Repeal. Section 11-809, Arizona Revised Statutes, is repealed, as follows:

11-809. Review of land divisions; definitions

A. For purposes of this chapter, land or lands that are proposed to be divided for purposes of sale or lease into five or fewer lots, parcels or fractional interests, which do not result in a subdivision or subdivided lands as defined in section 32-2101, shall result in lots, parcels or fractional interests each of which comply with the minimum applicable county zoning requirements and have legal access. If no legal access is available, the legal access does not allow access by emergency vehicles or the county zoning requirements are not met, the access or zoning deficiencies shall be noticed in the deed. If a county by ordinance requires a legal access of more than twenty-four feet roadway width, the county is responsible for the improvement and maintenance of the improvement. If the legal access does not allow access to the lots, parcels or fractional interests by emergency vehicles, neither the county nor its agents or employees are liable for damages resulting from the failure of emergency vehicles to reach such lot, parcel or fractional interest.

B. A county may adopt ordinances and regulations pursuant to this chapter for staff review of land divisions of five or fewer lots, parcels or fractional interests but only to determine compliance with minimum applicable county zoning requirements and legal access, and may grant waivers from the county zoning and legal access requirements of subsection A of this section. The county may not deny approval of any land division that meets the requirements of this section or where the deficiencies are noticed in the deed. A county may not require a public hearing on a request to divide five or fewer lots, parcels or fractional interests, and if review of the request is not completed within thirty days from receipt of the request, the land division shall be deemed approved.

C. It shall be unlawful for a person or group of persons acting in concert to attempt to avoid the provisions of this section or the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or sell or lease six or more lots by using a series of owners or conveyances. This prohibition may be enforced by any county where the division occurred or by the state real estate department pursuant to title 32, chapter 20.

D. In this section:

1. "Legal access" means a public right of vehicular ingress and egress between the lots, parcels or fractional interests being created.

2. "Minimum applicable county zoning requirements" means the minimum acreage and dimensions of the resulting lot, parcel or fractional interest as required by the county’s zoning ordinance.

Sec. 12 Title 11, chapter 6, article 1 is amended by adding section 11-812, as follows:

11-812. DEVELOPMENT FEES; IMPOSITION BY COUNTIES

A COUNTY SHALL HAVE THE SAME AUTHORITY TO ASSESS DEVELOPMENT FEES TO OFFSET COSTS ASSOCIATED WITH PROVIDING NECESSARY PUBLIC SERVICES TO A DEVELOPMENT AS DOES A MUNICIPALITY UNDER SECTION 9-463.05.

Sec. 13 Section 11-821, Arizona Revised Statutes, is amended to read:

11-821. County plan; definitions

A. The commission shall formulate and the board of supervisors shall adopt or readopt a comprehensive long-term county plan for the development of the area of jurisdiction in the manner prescribed by this article. The planning commission shall coordinate the production of the county plan with the creation of the conceptual state land use plans under title 37, chapter 2, article 5.1. The county plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission’s recommendations for the development of the area of jurisdiction together with the general zoning regulations. The county plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the area of jurisdiction. In the preparation of the county plan the commission shall make surveys and studies of the present conditions and prospective future growth of the area of the jurisdiction. The commission shall cooperate with the state land department regarding integrating the conceptual state land use plans into the county plan. The county plan shall include provisions that identify changes or modifications that constitute amendments and major amendments to the plan. THE COUNTY PLAN SHALL BE CONSISTENT WITH AND CONFORM TO THE COUNTY’S GROWTH MANAGEMENT PLAN. WHERE THE COUNTY PLAN AND THE GROWTH MANAGEMENT PLAN CONFLICT, THE GROWTH MANAGEMENT PLAN SHALL SUPERSEDE THE COUNTY PLAN.

B. In addition to the other matters that are required or authorized under this section and article 1 of this chapter, the county plan:

1. Shall provide for zoning, shall show the zoning districts designated as appropriate for various classes of residential, business and industrial uses and shall provide for the establishment of setback lines and other plans providing for adequate light, air and parking facilities and for expediting traffic within the districts.

2. May establish the percentage of a lot or parcel which may be covered by buildings, and the size of yards, courts and other open spaces.

3. Shall consider access to incident solar energy.

4. May provide for retirement community zoning districts.

5. May provide for the regulation and use of business licenses, adult oriented business manager permits and adult service provider permits in conjunction with the establishment or operation of adult oriented businesses and facilities, including adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments and nude model studios. With respect to cabarets, the plan shall not conflict with specific statutory or valid regulatory requirements applicable to persons licensed to dispense alcoholic beverages, but the plan may include regulation of the age and conduct of erotic entertainers in a manner at least as restrictive as rules adopted under title 4.

C. In addition to the other matters that are required or authorized under this section and article 1 of this chapter, for counties having a population of more than one hundred thousand persons according to the most recent united states decennial census, the county plan shall include, and for other counties the county plan may include:

1. Planning for land use that designates the proposed general distribution and location and extent of uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land appropriate to the county. The land use plan shall include:

(a) A statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan.

(b) Specific programs and policies that the county may use to promote compact form development activity and locations where those development patterns should be encouraged.

(c) Consideration of air quality and access to incident solar energy for all general categories of land use.

(d) Policies that address maintaining a broad variety of land uses including the range of uses existing in the county at the time the plan is adopted, readopted or amended.

2. Planning for circulation consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land use plan under paragraph 1 of this subsection.

D. In addition to the other matters that are required or authorized under this section and article 1 of this chapter, for counties having a population of more than two hundred thousand persons according to the most recent United States decennial census, the county plan shall include, and for other counties the county plan may include:

1. Planning for open space acquisition and preservation. The open space plan shall include:

(a) A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources.

(b) An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources.

(c) Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plan.

2. Planning for growth areas, specifically identifying those areas, if any, that are particularly suitable for planned multimodal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses. The mixed-use planning shall include policies and implementation strategies that are designed to:

(a) Make automobile, transit and other multimodal circulation more efficient, make infrastructure expansion more economical and provide for a rational pattern of land development.

(b) Conserve significant natural resources and open areas in the growth area and coordinate their location to similar areas outside the growth area’s boundaries.

(c) Promote the public and private construction of timely and financially sound infrastructure expansion through the use of infrastructure funding and financing planning that is coordinated with development activity.

3. An environmental planning element that contains analysis, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the comprehensive plan. The policies and strategies to be developed under this element shall be designed to have county-wide applicability and shall not require the production of an additional environmental impact statement or similar analysis beyond the requirements of state and federal law.

4. A cost of development element that identifies policies and strategies that the county will use to require development to pay its fair share toward the cost of additional public facility needs generated by new development, with appropriate exceptions when in the public interest. This element shall include:

(a) A component that identifies various mechanisms allowed by law that can be used to fund and finance additional public services necessary to serve the development, including bonding, special taxing districts, development fees, in-lieu fees and facility construction, dedications and privatization.

(b) A component that identifies policies to ensure that any mechanisms that are adopted by the county under this element result in a beneficial use to the development, bear a reasonable relationship to the burden imposed on the county to provide additional necessary public facilities to the development and otherwise are imposed according to law.

E. To carry out the purposes of this article, the board may adopt overlay zoning districts and regulations applicable to particular buildings, structures and land within individual zones. For the purposes of this subsection, "overlay zoning district" means a special zoning district that includes regulations which modify regulations in another zoning district with which the overlay zoning district is combined. Overlay zoning districts and regulations shall be adopted pursuant to section 11-829. The provisions of overlay zoning shall apply retroactively to authorize overlay zoning districts and regulations adopted before April 20, 1993.

F. The policies and strategies to be developed under these elements shall be designed to have regional applicability, and this section does not authorize the imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law.

G. For the purposes of this section:

1. "Adult arcade" means any place to which the public is permitted or invited and in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms.

2. "Adult bookstore or video store" means a commercial establishment that offers for sale or rent any of the following as one of its principal business purposes:

(a) Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides or other visual representations that depict or describe specific sexual activities or specific anatomical areas.

(b) Instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities.

3. "Adult live entertainment establishment" means an establishment that features either:

(a) Persons who appear in a state of nudity.

(b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

4. "Adult motion picture theater" means a commercial establishment in which for any form of consideration films, motion pictures, videocassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown.

5. "Adult oriented business" means adult arcades, adult bookstores or adult video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments that offer adult service or nude model studios.

6. "Adult oriented business manager" means a person on the premises of an adult oriented business who is authorized to exercise overall operational control of the business.

7. "Adult service" means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service.

8. "Adult service provider" or "erotic entertainer" means any natural person who provides an adult service.

9. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

10. "Cabaret" means an adult oriented business licensed to provide alcoholic beverages pursuant to title 4, chapter 2, article 1.

11. "Discernibly turgid state" means the state of being visibly swollen, bloated, inflated or distended.

12. "Massage establishment" means an establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This paragraph does not apply to:

(a) Physicians licensed pursuant to title 32, chapter 7, 8, 13, 14 or 17.

(b) Registered nurses, licensed practical nurses or technicians who are acting under the supervision of a physician licensed pursuant to title 32, chapter 13 or 17.

(c) Persons who are employed or acting as trainers for a bona fide amateur, semiprofessional or professional athlete or athletic team.

(d) Persons who are licensed pursuant to title 32, chapter 3 or 5 if the activity is limited to the head, face or neck.

13. "Nude model studio" means a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration. Nude model studio does not include a proprietary school that is licensed by this state, a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university that is supported entirely or in part by taxation or a structure to which the following apply:

(a) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing.

(b) A student must enroll at least three days in advance of a class in order to participate.

(c) No more than one nude or seminude model is on the premises at any time.

14. "Nude", "nudity" or "state of nudity" means any of the following:

(a) The appearance of a human anus, genitals or female breast below a point immediately above the top of the areola.

(b) A state of dress that fails to opaquely cover a human anus, genitals or female breast below a point immediately above the top of the areola.

15. "Principal business purposes" means that a commercial establishment derives fifty per cent or more of its gross income from the sale or rental of items listed in paragraph 2.

16. "Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.

17. "Specific anatomical areas" means any of the following:

(a) A human anus, genitals, pubic region or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered.

(b) Male genitals in a discernibly turgid state even if completely and opaquely covered.

18. "Specific sexual activities" means any of the following:

(a) Human genitals in a state of sexual stimulation or arousal.

(b) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy.

(c) Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus or female breast.

(d) Excretory functions as part of or in connection with any of the activities under subdivision (a), (b) or (c) of this paragraph.

Sec. 14 Section 11-824, Arizona Revised Statutes, is amended to read:

11-824. Adoption and amendment of county plan by board of supervisors; expiration and readoption

A. The board of supervisors may adopt the county comprehensive plan as a whole, or by successive actions adopt separate parts of the plan. The adoption or readoption of the comprehensive plan or any amendment to the plan shall be by resolution of the board.

B. A county comprehensive plan, with any amendments, is effective for up to ten years from the date the plan was initially adopted or until the plan is readopted or a new plan is adopted pursuant to this subsection and becomes effective. On or before the tenth anniversary of the plan’s most recent adoption, the board shall either readopt the existing plan for an additional term of up to ten years or shall adopt a new county plan as provided by this article.

C. The adoption or readoption of, or a major amendment to, the county comprehensive plan shall be approved by the affirmative vote of at least two-thirds THREE-FOURTHS of the members of the board. The adoption or readoption of a county plan, and any amendment to a county plan, shall not be enacted as an emergency measure and is subject to referendum as provided by article IV, part 1, section 1, subsection (8), Constitution of Arizona, and title 19, chapter 1, article 4. For purposes of this subsection, "major amendment" means any of the following:

1. A change of land use designation on the plan that:

(a) Increases the DENSITY OR intensity of use on the property.

(b) Decreases the DENSITY OR intensity of use on the property at the initiative of the board of supervisors.

2. Deletion of a requirement for the reservation or dedication of land for public purposes, except for minor boundary adjustments or street alignments.

3. Establishment of a new, or deletion of a planned, freeway, expressway, parkway or limited access arterial street shown on the general plan.

D. Upon adoption or readoption, the plan, or any part thereof, shall be the official guide for the development of the area of jurisdiction.

E. Any change, amendment, extension or addition of the county plan may be made only in accordance with the provisions of this chapter.

F. THE PUBLIC HEARING HELD BY THE BOARD OF SUPERVISORS ON THE AMENDMENT OF THE COUNTY PLAN TO ALLOW A REZONING OF PROPERTY MUST OCCUR AT LEAST 30 DAYS PRIOR TO THE PUBLIC HEARING HELD ON THE REZONING OF THE PROPERTY PURSUANT TO SECTION 11-829.

Sec. 15. Section 11-829, Arizona Revised Statutes, is amended to read:

11-829. Amendment of ordinance or change of zoning district boundaries; definition

A. A property owner or authorized agent of a property owner desiring an amendment or change in the zoning ordinance changing the zoning district boundaries within an area previously zoned shall file an application for the amendment or change. All zoning and rezoning ordinances, regulations or specific plans adopted under this article shall be consistent with and conform to the adopted county plan. In the case of uncertainty in constructing or applying the conformity of any part of a proposed rezoning ordinance to the adopted county plan, the ordinance shall be construed in a manner that will further the implementation of, and not be contrary to, the goals, policies and applicable elements of the county plan. A rezoning ordinance conforms with the county plan if it proposes land uses, densities or AND intensities within the range of identified uses, densities and intensities of the county plan. A ZONING OR REZONING ORDINANCE IS SUBJECT TO REFERENDUM NOTWITHSTANDING THAT THE ORDINANCE IS CONSISTENT WITH AND CONFORMS TO THE ADOPTED COUNTY PLAN.

B. Upon receipt of the application the board shall submit it to the commission for a report. Prior to reporting to the board, the commission shall hold at least one public hearing thereon after giving at least fifteen days’ notice thereof by one publication in a newspaper of general circulation in the county seat and by posting of the area included in the proposed change. In case of a rezoning, the posting shall be in no less than two places with at least one notice for each quarter mile of frontage along perimeter public rights-of-way so that the notices are visible from the nearest public right-of-way. The commission shall also send notice by first class mail to each real property owner as shown on the last assessment of the property within three hundred feet of the proposed amendment or change and each county and municipality which is contiguous to the area of the amendment or change. The notice sent by mail shall include, at a minimum, the date, time and place of the hearing on the proposed amendment or change including a general explanation of the matter to be considered, a general description of the area of the proposed amendment or change, how the real property owners within the zoning area may file approvals or protests of the proposed rezoning, and notification that if twenty per cent of the property owners by area and number within the zoning area file protests, an affirmative vote of three-fourths of all members of the board will be required to approve the rezoning. The following specific notice provisions also apply:

1. In proceedings that are initiated by the commission involving rezoning, notice by first class mail shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be rezoned and all property owners, as shown on the last assessment of the property, within three hundred feet of the property to be rezoned.

2. In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by paragraph 3:

(a) A ten per cent or more increase or decrease in the number of square feet or units that may be developed.

(b) A ten per cent or more increase or reduction in the allowable height of buildings.

(c) An increase or reduction in the allowable number of stories of buildings.

(d) A ten per cent or more increase or decrease in setback or open space requirements.

(e) An increase or reduction in permitted uses.

3. In proceedings governed by paragraph 2, the county shall provide notice to real property owners pursuant to at least one of the following notification procedures:

(a) Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly affected by the changes.

(b) If the county issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the county shall include notice of such changes with such utility bills or other mailings.

(c) The county shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the county. The changes shall be published in a display advertisement covering not less than one-eighth of a full page.

4. If notice is provided pursuant to paragraph 3, subdivision (b) or (c), the county shall also send notice by first class mail to persons who register their names and addresses with the county as being interested in receiving such notice. The county may charge a fee not to exceed five dollars per year for providing this service and may adopt procedures to implement this paragraph.

5. Notwithstanding the notice requirements set forth in paragraph 2, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of a county for which the notice was given.

C. If the planning commission or hearing officer has held a public hearing, the board may adopt the recommendations of the planning commission or hearing officer through use of a consent calendar without holding a second public hearing if there is no objection, request for public hearing or other protest. If there is an objection, a request for public hearing or a protest, the board shall hold a public hearing thereon at least fifteen days’ notice of which shall be given by one publication in a newspaper of general circulation in the county seat and by posting the area included in the proposed change. After holding the hearing the board may adopt the amendment, but if twenty per cent of the owners of property by area and number within the zoning area file a protest to the proposed change, the change shall not be made except by a three-fourths vote of all members of the board. If any members of the board are unable to vote on the question because of a conflict of interest, the required number of votes for the passage of the question is three-fourths of the remaining membership of the board, except that the required number of votes in no event shall be less than a majority of the full membership of the board. In calculating the owners by area, only that portion of a lot or parcel of record situated within three hundred feet of the property to be rezoned shall be included. In calculating the owners by number or area, county property and public rights-of-way shall not be included.

D. The planning commission may on its own motion propose an amendment to the zoning ordinance and may, after holding a public hearing as required by this chapter, transmit the proposal to the board which shall thereupon proceed as set forth in this chapter for any other amendment.

E. Notwithstanding the provisions of Title 19, Chapter 1, Article 4, a decision by the governing body involving rezoning of land which is not owned by the county and which changes the zoning classification of such land or which changes the zoning standards of such land as set forth in subsection B, paragraph 2 may not be enacted as an emergency measure and such a change shall not be effective for at least thirty days after final approval of the change in classification by the board. Unless a resident files a written objection with the board of supervisors, the rezoning may be enacted as an emergency measure that becomes effective immediately by a four-fifths majority vote of the board for those counties with five or more supervisors or a two-thirds majority vote of the board for those counties with less than five supervisors.

F. The legislature finds that a rezoning of land that changes the zoning classification of the land or that restricts the use or reduces the value of the land is a matter of statewide concern and such a change in zoning that is initiated by the governing body or zoning body shall not be made without the express written consent of the property owner. The county shall not adopt any change in a zoning classification to circumvent the purpose of this subsection. THE LEGISLATURE SHALL NOT REQUIRE THE GOVERNING BODY OR ZONING BODY OF A COUNTY TO OBTAIN THE CONSENT OF THE LANDOWNER PRIOR TO REZONING LAND.

G. For the purposes of this section "zoning area" means the area within three hundred feet of the proposed amendment or change.

Sec. 16. Repeal. Section 11-833, Arizona Revised Statutes, is repealed, as follows:

11-833. Standards for enactment of moratorium; land development; limitations; definitions

A. A county shall not adopt a moratorium on construction or land development unless it first:

1. Provides notice to the public published once in a newspaper of general circulation in the community at least thirty days before a final public hearing to be held to consider the adoption of the moratorium.

2. Makes written findings justifying the need for the moratorium in the manner provided for in this section.

3. Holds a public hearing on the adoption of the moratorium and the findings that support the moratorium.

B. For urban or urbanizable land, a moratorium may be justified by demonstration of a need to prevent a shortage of essential public facilities that would otherwise occur during the effective period of the moratorium. This demonstration shall be based on reasonably available information and shall include at least the following findings:

1. A showing of the extent of need beyond the estimated capacity of existing essential public facilities expected to result from new land development, including identification of any essential public facilities currently operating beyond capacity and the portion of this capacity already committed to development, or in the case of water resources, a showing that, in an active management area, an assured water supply cannot be provided, or outside an active management area, a sufficient water supply cannot be provided, to the new land development, including identification of current water resources and the portion already committed to development.

2. That the moratorium is reasonably limited to those areas of the county where a shortage of essential public facilities would otherwise occur and on property that has not received development approvals based upon the sufficiency of existing essential public facilities.

3. That the housing and economic development needs of the area affected have been accommodated as much as possible in any program for allocating any remaining essential public facility capacity.

C. A moratorium not based on a shortage of essential public facilities under subsection B of this section may be justified only by a demonstration of compelling need for other public facilities, including police and fire facilities. This demonstration shall be based on reasonably available information and shall include at least the following findings:

1. For urban or urbanizable land:

(a) That application of existing development ordinances or regulations and other applicable law is inadequate to prevent irrevocable public harm from development in affected geographical areas.

(b) That the moratorium is sufficiently limited to ensure that a needed supply of affected housing types and the supply of commercial and industrial facilities within or in proximity to the county are not unreasonably restricted by the adoption of the moratorium.

(c) Stating the reasons that alternative methods of achieving the objectives of the moratorium are unsatisfactory.

(d) That the county has determined that the public harm that would be caused by failure to impose a moratorium outweighs the adverse effects on other affected local governments, including shifts in demand for housing or economic development, public facilities and services and buildable lands and the overall impact of the moratorium on population distribution.

(e) That the city or town proposing the moratorium has developed a work plan and time schedule for achieving the objectives of the moratorium.

2. For rural land:

(a) That application of existing development ordinances or regulations and other applicable law is inadequate to prevent irrevocable public harm from development in affected geographical areas.

(b) Stating the reasons that alternative methods of achieving the objectives of the moratorium are unsatisfactory.

(c) That the moratorium is sufficiently limited to ensure that lots or parcels outside the affected geographical areas are not unreasonably restricted by the adoption of the moratorium.

(d) That the county proposing the moratorium has developed a work plan and time schedule for achieving the objectives of the moratorium.

D. Any moratorium adopted pursuant to this section does not affect any express provision in a development agreement entered into pursuant to section 9-500.05 or as defined in section 11-1101 governing the rate, timing and sequencing of development, nor does it affect rights acquired pursuant to a protected development right granted according to chapter 9 of this title or title 9, chapter 11. Any moratorium adopted pursuant to this section shall provide a procedure pursuant to which an individual landowner may apply for a waiver of the moratorium’s applicability to its property by claiming rights obtained pursuant to a development agreement, a protected development right or any vested right or by providing the public facilities that are the subject of the moratorium at the landowner’s cost.

E. A moratorium adopted under subsection C, paragraph 1 of this section shall not remain in effect for more than one hundred twenty days, but such a moratorium may be extended for additional periods of time of up to one hundred twenty days if the county adopting the moratorium holds a public hearing on the proposed extension and adopts written findings that:

1. Verify the problem requiring the need for the moratorium to be extended.

2. Demonstrate that reasonable progress is being made to alleviate the problem resulting in the moratorium.

3. Set a specific duration for the renewal of the moratorium.

F. A county considering an extension of a moratorium shall provide notice to the general public published once in a newspaper of general circulation in the community at least thirty days before a final hearing is held to consider an extension of a moratorium.

G. Nothing in this section shall prevent a city or town from complying with any state or federal law, regulation or order issued in writing by a legally authorized governmental entity.

H. A landowner aggrieved by a county’s adoption of a moratorium pursuant to this section may file, at any time within thirty days after the moratorium has been adopted, a complaint for a trial de novo in the superior court on the facts and the law regarding the moratorium. All matters presented to the superior court pursuant to this section have preference on the court calendar on the same basis as condemnation matters, and the court shall further have the authority to award reasonable attorney fees incurred in the appeal and trial pursuant to this section to the prevailing party.

I. In this section:

1. "Compelling need" means a clear and imminent danger to the health and safety of the public.

2. "Essential public facilities" means water, sewer and street improvements and water resources to the extent that these improvements and water resources are provided by the county or private utility.

3. "Moratorium on construction or land development" means engaging in a pattern or practice of delaying or stopping issuance of permits, authorizations or approvals necessary for the subdivision and partitioning of, or construction on, any land. It does not include denial or delay of permits or authorizations because they are inconsistent with applicable statutes, rules, zoning or other ordinances.

4. "Rural land" means all property in the unincorporated area of a county or in the incorporated area of the city or town with a population of two thousand nine hundred or less persons according to the most recent United States decennial census.

5. "Urban or urbanizable land" means all property in the incorporated area of a city or town with a population of more than two thousand nine hundred persons according to the most recent United States decennial census.

6. "Vested right" means a right to develop property established by the expenditure of substantial sums of money pursuant to a permit or approval granted by the city, town or county.

Sec. 17. Repeal. Title 11, chapter 8, article 1, Arizona Revised Statutes, is repealed, as follows:

Article 1. General Provisions

11-1101. Definitions

In this chapter, unless the context otherwise requires:

1. "Benefit area" means a geographic area in which public facilities are of direct benefit to development within the area.

2. "Benefit area plan" means a map identifying the benefit area of a public facility and a budget for the public facility’s capital costs.

3. "Board" means the board of supervisors.

4. "Developer" means any person, corporation, organization or other legal entity undertaking development.

5. "Development" means any construction or expansion of a building or structure, any change in the use of a building or structure or any land use change that affects a county’s need for public facilities.

6. "Development agreement" means an agreement between a county and either a community facilities district pursuant to section 48-709, subsection C, a landowner or any other person having an interest in real property that may specify or is otherwise related to any of the following:

(a) The duration of the agreement.

(b) The permitted uses of property subject to the development agreement.

(c) The density and intensity of uses and the maximum height and size of proposed buildings within such property.

(d) Provisions for reservation or dedication of land for public purposes and provisions to protect environmentally sensitive lands.

(e) Provisions for preservation and restoration of historic structures.

(f) The phasing or time of construction or development on property subject to the agreement.

(g) Conditions, terms, restrictions and requirements for public infrastructure and the financing of public infrastructure and subsequent reimbursements over time.

(h) Conditions, terms, restrictions and requirements relating to the governing body’s intent to form a special taxing district pursuant to title 48.

(i) Conditions of sewer service.

(j) Any other matters relating to the development of the property.

7. "Development fee" means a fee imposed on a benefit area by the board to pay for a proportionate share of the public facilities required to serve a development.

8. "Development fees projects plan" means a public document which identifies all benefit area plans including all proposed expenditures for projects funded with development fees in the current fiscal year and at least the four fiscal years thereafter.

9. "Discount rate" means the interest rate which is expressed in terms of a percentage per year and which is used to adjust past or future financial or monetary payments to present value.

10. "Encumbered" means the award of a contract for a public facility for which a development fee has been imposed.

11. "Exaction" means a condition or requirement which is attached to a development approval and which compels the payment, dedication or contribution of goods, services, land or money to a public or quasi-public entity.

12. "Present value" means the current value of past, present or future payments which are adjusted to a base period by a discount rate.

13. "Proportionate share" means that share, or portion, of total public facility capital cost which is reasonably attributable to or caused by an individual development.

14. "Public facilities" means capital improvements for roadways, wastewater collection systems and treatment facilities, effluent delivery systems and treatment facilities, flood control, neighborhood parks intended to serve development within a one-half mile radius, and potable water distribution systems and treatment facilities which have a life expectancy of three or more years.

15. "Public facilities capital costs" means capital costs associated with the project planning, design and construction of new or expanded publicly owned facilities and equipment which have a life expectancy of three or more years and the related land acquisition, land improvement, design and engineering. These costs do not include routine and periodic maintenance expenditures, personnel training or other operating costs.

16. "Roadways" means right-of-way acquisition and construction of roads, road shoulders, curbs, gutters and sidewalks, and traffic signal installation.

11-1102. Development fees; limitations

A. Counties may assess, impose, levy and collect development fees for new development within their jurisdictional limits only pursuant to the development fee requirements of this chapter. A county may not assess, impose, levy or collect a development fee for a public facility unless it has adopted a development fee ordinance for the public facility for which the development fee is collected.

B. Development fees may be imposed only for one or more public facilities which are identified in a benefit area plan.

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.

11-1104. Development fee program requirement

A county shall not require as a condition of development approval the construction of any public facility or other exaction for which a development fee ordinance has been adopted unless the county credits the reasonable value of facilities advanced, dedicated or improved by a developer against the development fees. A development fee ordinance shall not be adopted for that cost of a public facility which is funded by general obligation bond proceeds, highway user revenue fund proceeds, community facilities districts or improvement districts.

11-1105. Development fee standards; recoupment; exemptions

A. A development fee shall meet the following standards:

1. The cost of public facilities for which a development fee may be assessed, imposed, levied or collected shall be reasonably attributable or reasonably related to the service demands of the benefit area.

2. Development fees assessed, imposed, levied or collected from development shall not exceed a proportionate share of the costs incurred or to be incurred in providing a public facility.

3. Development fees shall be used and expended for the benefit of the benefit area that pays the development fee. In order to satisfy this requirement, the implementing ordinance must specifically contain the following:

(a) On collection, development fees shall be accounted for in a fund that clearly identifies the type of public facility for which the fee was imposed, and development fees shall be invested with all interest accruing to the fund.

(b) A benefit area plan shall be established and recorded on final adoption of the development fee ordinance. Any benefit areas which are established shall be appropriate to the nature of the particular public facility and the nature of the jurisdiction.

(c) Except for recoupment as provided in subsection C, development fees shall not be collected from a development until public facilities which bear a reasonable relationship to the needs created by the development are included in a benefit area plan.

(d) Development fees collected shall be encumbered for public facilities within five years after the date of collection unless a development agreement provides for a longer term.

(e) If the development fees are not encumbered within five years after the date of collection, a county shall refund the amount of the development fee along with accrued interest on the amount of the fee at the average annual rate of interest earned by the trust fund during the five year period to the owner of the property on which the fee was paid, unless a development agreement provides otherwise.

B. For purposes of refunds pursuant to subsection A, paragraph 3, subdivision (e), the owner of the property on which a development fee was paid is the owner of record at the time that the refund is paid. An action brought to obtain a refund may only be commenced within one year after the date the refund becomes due.

C. A county may recoup through a development fee the costs of excess capacity in existing public facilities to the extent development is served by existing public facilities.

D. Development fees may be used to repay a developer for public facilities constructed or paid for by the developer pursuant to a development agreement.

E. A county may waive development fees for all development that constitutes affordable housing to moderate, low or very low income households as defined by the United States department of housing and urban development, provided that the waiver does not result in an increase in the development fee for other properties in the benefit area.

F. A county may waive from development fee programs particular types and locations of development that are determined to serve an overriding public interest, provided that the waiver does not result in an increase in the development fee for other properties in the benefit area.

11-1106. Development fee needs assessment; requirements

A. A county which desires to adopt a development fee ordinance shall first conduct a needs assessment for the type of public facility or public facilities for which the development fee is to be assessed, imposed, levied or collected. The needs assessment must distinguish between existing deficiencies and new development needs and must contain components which inventory existing facilities and identify level of service standards for which the fee is to be assessed, imposed, levied or collected and the projected community needs. The needs assessment may be a separate document from an ordinance establishing a development fee. A county shall use or base the needs assessment on supporting data used to develop its development fee projects plan. The development fee projects plan shall be updated and adopted annually by the board.

B. The data sources and methodology on which the assessment of the development fee is based shall be made available to the public on request.

C. The amount of development fee imposed shall be based on actual public facilities capital costs or reasonable estimates of capital costs for the expansion of public facilities incurred as a result of anticipated new development.

D. In determining the total amount of monies a development fee ordinance is to raise, the county shall reasonably provide for credits that reflect the present value of contributions or exactions that new development may have made for the same public facility. The determination of credits shall be made at the time of the calculation of the amount of the development fee. The method for calculating credits and the calculation of the amount of the development fee shall be reviewed and updated at least every two years. The revised determination of credits and the amount of the development fee shall not be applied retroactively to amounts already paid.

E. If a development fee ordinance has been adopted to provide for neighborhood parks, credit shall be given for any existing and planned on-site park or recreational facility provided by the developer.

F. The development fee ordinance shall identify, for the type of facility covered by the fee, any existing deficiencies, based on adopted level of service standards, and must describe how the county intends to remedy the deficiency. Nothing in this section shall be construed to require a county to remedy existing public facilities deficiencies before adopting or imposing a development fee pursuant to this chapter.

G. The amount of the development fee shall not include the cost of remedying existing public facilities deficiencies.

H. The capital improvements element of land use plans shall list anticipated development fee revenues as a projected source of revenue together with the percentages of development fee dollars to be used for funding public facility capital improvements.

11-1107. Development fee; hearing; notice; procedures

A. The needs assessment and a proposed benefit area plan shall be submitted to the board at a public hearing. Notice of the hearing shall be published in a display advertisement covering not less than one-eighth of a full page in a newspaper of general circulation in the county.

B. At or after the conclusion of the public hearing prescribed in subsection A, if the board decides to go forward with the proposed development fee ordinance, the board shall set a time and date for the final adoption of the ordinance. Notice of the time and place of the hearing including a general explanation of the matter to be considered and including a general description of the benefit area shall be given at least fifteen days before the hearing by publication at least once in a newspaper of general circulation published or circulated in the county and by mail to each owner of record in the benefit area. A new or increased development fee assessed pursuant to this chapter is not effective until ninety days after its adoption by the board.

11-1108. Development fee; assessments

A. All development fees imposed pursuant to this chapter shall be assessed at the time the building permit is issued and may be collected, at the option of the county, on issuance of the building permit or certificate of occupancy or as may be provided for in a development agreement. The county may provide for payment of a development fee on an installment basis. All development fee ordinances shall require that real estate closing documents involving a parcel of land or improvements for which a development fee has been assessed or paid within five years of the closing shall include a written notification of the fact that a development fee has been assessed or paid and the location of a public office where information in regard to the rights and obligations arising from the assessment or payment of the fee can be obtained.

B. A development fee ordinance shall not assess, impose, levy or collect a development fee on development constructed with a valid building permit in effect on the effective date of the ordinance.

11-1109. Development fee; appeal

Development fee ordinances shall provide for an appeal from a determination of the development fee to be paid by any individual development to the board.

Sec. 18. Section 37-331.03, Arizona Revised Statutes, is amended to read:

37-331.03. Conceptual urban state trust land use plans; five year state trust land disposition plans; definitions

A. The commissioner shall MAY create conceptual land use plans for all urban state trust land in this state and other state trust lands the commissioner considers to be appropriate. The commissioner shall:

1. Prioritize the creation of ANY conceptual plans to the extent possible to:

(a) Correlate with the rate of population growth in the urban areas in this state.

(b) Coincide with the production of municipal general plans under title 9, chapter 4, article 6 and county plans under title 11, chapter 6, article 2.

2. Revise REVIEW and update each ANY CONCEPTUAL plan PLANS at least every ten years AS MAY BE NECESSARY.

3. Consult with the city, town or county in which the land is located and with any regional planning organization regarding integrating CONFORMING the conceptual plan into TO the general land use AND GROWTH MANAGEMENT plan PLANS of the city, town or county.

4. CONFORM THE CONCEPTUAL PLANS TO THE GENERAL LAND USE AND GROWTH MANAGEMENT PLANS OF THE CITY, TOWN OR COUNTY TO THE MAXIMUM EXTENT ALLOWED BY THE ENABLING ACT AND THE ARIZONA CONSTITUTION.

4. 5. Submit each plan, and revision of the plan, to the urban land planning oversight committee for review AND TO ENSURE CONFORMITY WITH THE GENERAL LAND USE AND GROWTH MANAGEMENT PLANS OF THE CITY, TOWN OR COUNTY.

B. The commissioner shall MAY create five year disposition plans for all state trust land in this state, based at a minimum on market demand, anticipated transportation and infrastructure availability. The commissioner shall:

1. Review and update each ANY FIVE YEAR DISPOSITION plan PLANS each year as may be necessary.

2. Consult with the city, town or county in which the land is located and with any regional planning organization.

3. Submit each plan and revision to the urban land planning oversight committee to ensure conformity with the conceptual plan under subsection A.

C. IN CREATING CONCEPTUAL LAND USE PLANS AND FIVE YEAR DISPOSITION PLANS, THE COMMISSIONER SHALL GIVE PRIORITY TO NATURAL OPEN SPACE USES TO THE MAXIMUM EXTENT ALLOWED BY THE ENABLING ACT AND THE ARIZONA CONSTITUTION.

D. For purposes of this section:

1. "Conceptual land use plan" means a plan that is developed for urban state land and that identifies:

(a) Appropriate land uses, including commercial, industrial, residential, CONSERVATION and open space uses.

(b) Transportation corridors and infrastructure requirements.

(c) All natural and man-made constraints and opportunities associated with the land.

2. "Five year disposition plan" means a plan that identifies the land projected to be sold, leased, reclassified for conservation purposes, master planned or zoned during the next five years.

3. "NATURAL OPEN SPACE USE" MEANS MAINTAINING THE LAND, INCLUDING HYDROLOGIC FEATURES, IN ITS SUBSTANTIALLY NATURAL STATE. "NATURAL OPEN SPACE USE" DOES NOT INCLUDE USE FOR GOLF COURSES, CEMETERIES, SPORTS FACILITIES, AGRICULTURE, GRAZING, OR ANY OTHER USE THAT RESULTS IN MORE THAN MINIMAL DEVELOPMENT OR ALTERATION BY HUMANS OR LIVESTOCK.

Sec. 19. Section 41-511.23, Arizona Revised Statutes, is amended to read:

41-511.23. Conservation acquisition board; land conservation fund; conservation donation and public conservation accounts

A. The conservation acquisition board is established, as an advisory body to the Arizona state parks board, consisting of the following members who are appointed by the governor, at least one of whom shall be experienced in soliciting money from private sources:

1. One state land lessee.

2. One member who is qualified by experience in managing large holdings of private land for income production or conservation purposes.

3. One member of the state bar of Arizona who is experienced in the practice of private real estate law.

4. One real estate appraiser who is licensed or certified under title 32, chapter 36.

5. One member who is qualified by experience in marketing real estate.

6. One representative of a conservation organization.

7. One representative of a state public educational institution.

B. The governor shall designate a presiding member of the board. The term of office is five years except that initial members shall assign themselves by lot to terms of one, two, three, two members for four and two members for five years in office.

C. The conservation acquisition board shall:

1. Solicit donations to the conservation donation account.

2. Consult with entities such as private land trusts, state land lessees, the state land department, the Arizona state parks board, CONSERVATION ORGANIZATIONS and others to identify conservation areas that are reclassified pursuant to section 37-312 and NATURAL AREAS AS DEFINED UNDER SECTION 41-501 that are suitable for funding.

3. Recommend to the Arizona state parks board appropriate grants from the conservation fund.

D. The land conservation fund is established consisting of the following accounts:

1. The conservation donation account consisting of monies received as donations. Donations to the account are subject to any lawful conditions the donor may prescribe, including any conditions on the use of the money or reversion to the donor. Monies in the account are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

2. The public conservation account consisting of monies appropriated to the account from the state general fund and monies from any other designated source. In fiscal years 2000-2001 through 2010-2011, the sum of twenty million dollars is appropriated each fiscal year from the state general fund to the public conservation account in the land conservation fund for the purposes of this section. Monies in the account are appropriated for the purposes of this section, and the Arizona state parks board may spend monies in the account without further legislative authorization. Each THE ARIZONA STATE PARKS BOARD MAY REQUIRE THAT THE expenditure of monies from the public conservation account for purposes listed under subsection G, paragraph 1 of this section shall be matched by an equal expenditure of monies from the conservation donation account or from other private or governmental sources.

E. If the legislature fails to appropriate monies to the public conservation account in a fiscal year, and if there are no other monies in the public conservation account, the Arizona state parks board may either grant nothing from the fund in that year or, on recommendation by the conservation acquisition board, may grant available monies in the conservation donation account for purposes authorized in subsection G of this section.

F. The monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

G. Monies in the public conservation account, with ANY matching monies from the conservation donation account are appropriated to the Arizona state parks board for the exclusive purpose of granting monies:

1. To the state or any of its political subdivisions, or to a nonprofit organization that is exempt from federal income taxation under section 501(c) 501(c)(3) of the internal revenue code and that has the AS ITS PRIMARY purpose THE CONSERVATION of THE NATURAL ENVIRONMENT OR THE preserving PRESERVATION OF NATURAL open space, for the following purposes only:

(a) To purchase or lease state trust lands that are classified as suitable for conservation purposes pursuant to title 37, chapter 2, article 4.2. A grant of money under this subdivision to a nonprofit organization is conditioned on the organization providing reasonable public access to any land that is wholly or partly purchased with that money. The organization shall agree with the Arizona state parks board that it will impose a restrictive covenant, running with the title to the land, granting such access and providing for reversion to this state of any interest in the property acquired with money granted under this subdivision on the failure to comply with the terms of the covenant. The Arizona state parks board and the state land commissioner have standing to either enforce the covenant or recover the amount of the grant from the current owner, with interest from the date the grant was awarded to the nonprofit organization.

(b) To purchase the development rights of state trust lands throughout this state under the following conditions:

(i) The development rights shall be sold at public auction as provided in section 37-258.01.

(ii) The lessee of the state trust land at the time the development rights are purchased shall be notified of the purchase in writing.

(iii) The purchase of the development rights shall not result in cancellation or modification of the current lease.

(iv) The purchase of the development rights shall not affect the existing lessee’s current economic use of the land and rights pursuant to title 37, chapter 2, article 4.2.

(v) (iii) As a condition of the sale of the development rights, the purchaser shall agree in perpetuity not to exercise the development rights and that the land shall remain as open space.

(vi) (iv) The state trust land shall retain any other rights and attributes as prescribed by law at the time of the purchase.

(v) A PURCHASER OF DEVELOPMENT RIGHTS SHALL NOT RESTRICT NOR IN ANY WAY IMPEDE PUBLIC ACCESS TO THE STATE TRUST LAND THAT IS THE SUBJECT OF THE PURCHASE EXCEPT TO THE EXTENT NECESSARY TO PRESERVE THE LAND’S NATURAL TERRESTRIAL OR AQUATIC ECOSYSTEMS; RARE SPECIES OF PLANTS OR ANIMALS; OUTSTANDING GEOLOGIC OR HYDROLOGIC FEATURES; OR CULTURAL, HISTORIC OR ARCHAEOLOGICAL RESOURCES.

(c) TO PURCHASE PUBLIC OR PRIVATE LANDS THAT QUALIFY AS NATURAL AREAS UNDER SECTION 41-501 AND THAT ARE IDENTIFIED BY THE CONSERVATION ACQUISITION BOARD AS SUITABLE FOR FUNDING. THE PURCHASE OF A NATURAL AREA SHALL BE SUBJECT TO AN INDEPENDENT APPRAISAL. IN NO EVENT SHALL THE AMOUNT OF MONEY GRANTED FOR THE PURCHASE OF A NATURAL AREA EXCEED THE APPRAISED VALUE OF THE LAND TO BE PURCHASED.

2. To an individual landowner or grazing or agricultural lessee of state or federal land who contracts with the Arizona state parks board to implement conservation based management alternatives using livestock or crop production practices, or reduce livestock or crop production, to provide wildlife habitat or other public benefits that preserve open space.

2. A GRANT OF MONEY UNDER THIS SUBSECTION IS CONDITIONED ON THE GRANTEE PROVIDING REASONABLE PUBLIC ACCESS TO ANY LAND THAT IS WHOLLY OR PARTLY PURCHASED OR LEASED WITH THAT MONEY, EXCEPT THAT A GRANTEE MAY RESTRICT PUBLIC ACCESS TO THE EXTENT NECESSARY TO PRESERVE THE LAND’S NATURAL TERRESTRIAL OR AQUATIC ECOSYSTEMS; RARE SPECIES OF PLANTS OR ANIMALS; OUTSTANDING GEOLOGIC OR HYDROLOGIC FEATURES; OR CULTURAL, HISTORIC OR ARCHAEOLOGICAL RESOURCES. ANY RESTRICTIONS SHALL BE SUBJECT TO APPROVAL BY THE ARIZONA STATE PARKS BOARD. THE GRANTEE SHALL AGREE WITH THE ARIZONA STATE PARKS BOARD THAT IT WILL IMPOSE A RESTRICTIVE COVENANT, RUNNING WITH THE TITLE TO THE LAND, GRANTING THIS ACCESS AND PROVIDING FOR REVERSION TO THIS STATE OF ANY INTEREST IN THE PROPERTY ACQUIRED WITH MONEY GRANTED UNDER THIS SUBSECTION ON THE FAILURE TO COMPLY WITH THE TERMS OF THE COVENANT. THE ARIZONA STATE PARKS BOARD AND THE STATE LAND COMMISSIONER HAVE STANDING TO EITHER ENFORCE THE COVENANT OR RECOVER THE AMOUNT OF THE GRANT FROM THE CURRENT OWNER, WITH INTEREST ACCRUING FROM THE DATE THE GRANT WAS AWARDED TO THE GRANTEE.

H. The Arizona state parks board shall not grant more than.:

1. Ten per cent of the monies in the public conservation account for purposes of subsection G, paragraph 2 of this section in any fiscal year.

2. Fifty per cent of the monies under subsection G of this section with respect to land in one county in any fiscal year.

I. A grant of money under subsection G of this section is valid for eighteen months and may be extended one time for twelve additional months if a required public auction has not been held.

J. NO LATER THAN JANUARY 1, 2002, the Arizona state parks board may SHALL adopt rules to establish qualifications of nonprofit organizations for purposes of applying for and receiving money granted for purposes of UNDER subsection G of this section IN ADDITION TO THE QUALIFICATIONS CONTAINED IN SUBSECTION G, PARAGRAPH 1 OF THIS SECTION. THE RULES SHALL INCLUDE TERMS AND CONDITIONS TO ENSURE THAT A NONPROFIT ORGANIZATION SEEKING A GRANT IS MOTIVATED SOLELY AND EXCLUSIVELY BY A BONA FIDE INTEREST IN THE CONSERVATION OF THE NATURAL ENVIRONMENT OR THE PRESERVATION OF NATURAL OPEN SPACE. THE RULES SHALL ALSO INCLUDE REQUIREMENTS FOR DISCLOSURE OF DIRECT AND INDIRECT FINANCIAL INTERESTS BY THE ORGANIZATION’S INCORPORATORS, OFFICERS, BOARD MEMBERS, AND SIGNIFICANT CONTRIBUTORS WITH RESPECT TO THE TRANSACTION THAT IS THE SUBJECT OF THE GRANT. THE RULES MAY INCLUDE OTHER QUALIFICATIONS AND REQUIREMENTS THAT ARE NOT INCONSISTENT WITH THIS SUBSECTION.

K. The owner of property that is wholly or partly acquired or leased with money granted under subsection G, paragraph 1 of this section shall not restrict or unreasonably limit access to private lands. Any sale of land with money granted under subsection G of this section shall include a condition requiring that permanent access to private lands be allowed.

L. The Arizona state parks board shall administer the land conservation fund. On notice from the board, the state treasurer shall invest and divest monies in either account in the fund as provided by section 35-313, and monies earned from investments shall be credited to a separate administration account to pay the expenses of administering the land conservation and acquisition program under this section, which shall not exceed five per cent of the amount deposited in the public conservation account in any fiscal year or five hundred thousand dollars, whichever is less. Any unobligated amount remaining in the administration account at the end of the fiscal year shall be credited to the public conservation account for purposes of subsection D of this section.

Sec. 20. Repeal. Section 41-1314, Arizona Revised Statutes, is repealed, as follows:

41-1314. Access to private property

Notwithstanding any other law, reasonable access to private property shall not be denied by this state or any political subdivision of this state.