Bill Text: AZ HB2548 | 2024 | Fifty-sixth Legislature 2nd Regular | Chaptered
Bill Title: Military installations; general plans; land
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-03-29 - Chapter 41 [HB2548 Detail]
Download: Arizona-2024-HB2548-Chaptered.html
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House Engrossed
military installations; general plan amendments (now: military installations; general plans; land) |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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CHAPTER 41
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HOUSE BILL 2548 |
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An Act
amending sections 9-461.05, 9-461.06 and 9-462.04, Arizona Revised Statutes; amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.50; amending sections 11-804, 11-805 and 11-814, Arizona Revised Statutes; amending title 11, chapter 6, article 2, Arizona Revised Statutes, by adding section 11-818.01; amending title 32, chapter 20, article 1, Arizona Revised Statutes, by adding section 32-2114.02; amending sections 32-2115, 32-2183 and 32-2183.05, Arizona Revised Statutes; amending section 33-422, Arizona Revised Statutes, as amended by Laws 2019, chapter 103, section 1 and chapter 131, section 1; repealing section 33-422, Arizona Revised Statutes, as amended by Laws 2023, chapter 77, section 3; amending section 37-102, Arizona Revised Statutes; relating to land.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. 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 governing 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 shall 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.
B. The general plan shall be so prepared that all or individual elements of the plan may be adopted by the governing body and that the plan 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. The plan 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 that:
(a) 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 other categories of public and private uses of land as may be appropriate to the municipality.
(b) Includes a statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan.
(c) Identifies 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.
(d) Includes consideration of air quality and access to incident solar energy for all general categories of land use.
(e) Includes 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.
(f) For cities and towns with territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, includes consideration of military airport or ancillary military facility operations. If a city or town includes land in a high noise or accident potential zone as defined in section 28-8461, the city or town shall identify the boundaries of the high noise or accident potential zone in its general plan for purposes of planning land uses in the high noise or accident potential zone that are compatible with the operation of the military airport or ancillary military facility pursuant to section 28-8481, subsection J.
(g) Includes sources of aggregates from maps that are available from state agencies, information from the Arizona geological survey on how to locate existing mines, consideration of existing mining operations and suitable geologic resources, policies to preserve currently identified aggregates sufficient for future development and policies to avoid incompatible land uses, except that this subdivision shall does not be construed to affect any permitted underground storage facility or limit any person's right to obtain a permit for an underground storage facility pursuant to title 45, chapter 3.1.
(h) For A city or town that contains any portion of an influence area of a military installation or range or arizona national guard site, include consideration of the military installation's or range's or arizona national guard site's operations. The city or town shall identify the boundaries of the influence area in the general plan for the purposes of planning land uses in the influence area that are compatible with the operation of the military installation or range or arizona national guard site. For the purposes of this subdivision, "influence area" and "military installation or range or Arizona national guard site" have the same meanings prescribed in section 9-500.50.
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 with a population of more than two thousand five hundred persons but less than ten thousand persons and whose population growth rate exceeded an average of two percent per year for the ten-year period before the most recent United States decennial census and for cities and towns with a population of ten thousand or more persons according to the most recent United States decennial census, the general plan shall include, and for other cities and 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 analyses, 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 that are allowed by law and 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.
5. A water resources element that addresses:
(a) The known legally and physically available surface water, groundwater and effluent supplies.
(b) The demand for water that will result from future growth projected in the general plan, added to existing uses.
(c) An analysis of how the demand for water that will result from future growth projected in the general plan will be served by the water supplies identified in subdivision (a) of this paragraph or a plan to obtain additional necessary water supplies.
E. The general plan shall include for cities with a population of fifty thousand persons or more and may include for cities with a population of less than fifty thousand persons the following elements or any part or phase of the following elements:
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 of this section shall also include for cities with a population of fifty thousand persons or more and may include for cities with a population 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 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 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, for 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) Other purposes authorized by law.
8. A safety element for the protection of the community from natural and artificial 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.
10. An energy element that includes:
(a) A component that identifies policies that encourage and provide incentives for efficient use of energy.
(b) An assessment that identifies policies and practices that provide for greater uses of renewable energy sources.
11. A neighborhood preservation and revitalization element, including:
(a) A component that identifies city programs that promote home ownership, that provide assistance for improving the appearance of neighborhoods and that promote maintenance of both commercial and residential buildings in neighborhoods.
(b) A component that identifies city programs that provide for the safety and security of neighborhoods.
F. The water resources element of the general plan does not require:
1. New independent hydrogeologic studies.
2. The city or town to be a water service provider.
G. The land use element of a general plan of a city with a population of more than one million persons shall include protections from encroaching development for any shooting range that is owned by this state and that is located within or adjacent to the exterior municipal boundaries on or before January 1, 2004. The general plan shall establish land use categories within at least one-half mile from the exterior boundaries of the shooting range that are consistent with the continued existence of the shooting range and that exclude incompatible uses such as residences, schools, hotels, motels, hospitals or churches except that land zoned to permit these incompatible uses on August 25, 2004 are exempt from this exclusion. For the purposes of this subsection, "shooting range" means a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Shooting range does not include:
1. Any area for the exclusive use of archery or air guns.
2. An enclosed indoor facility that is designed to offer a totally controlled shooting environment and that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use.
3. A national guard facility located in a city or town with a population of more than one million persons.
4. A facility that was not owned by this state before January 1, 2002.
H. 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. 2. Section 9-461.06, Arizona Revised Statutes, is amended to read:
9-461.06. Adoption and amendment of general plan; expiration and readoption
A. In municipalities that have territory in a high noise or accident potential zone as defined in section 28-8461, the legislature finds that in general plans and amendments to general plans land use compatibility with the continued operation of a military airport or ancillary military facility as defined in section 28-8461 is a matter of statewide concern.
B. The general plan and any amendment to such plan shall be adopted or readopted in the manner provided in this article.
C. 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, advise and provide an opportunity for official comment by public officials and agencies, the county, school districts, associations of governments, public land management agencies, the military airport if the municipality has territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, A military installation range or arizona national guard site as defined in section 9-500.50, if applicable 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.
D. At least sixty days before the general plan or an element or major amendment of a general plan is noticed pursuant to subsection E of this section, the planning agency shall transmit the proposal to the planning commission, if any, and the governing body and shall submit a copy for review and further comment 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 Arizona commerce authority or any other state agency that is subsequently designated as the general planning agency for this state.
5. The department of water resources for review and comment on the water resources element, if a water resources element is required.
6. If the general plan or an element or amendment of the general plan is applicable to territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the military airport.
7. If the general plan or an element or major amendment of the general plan is applicable to property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28-8461, the attorney general. For the purposes of this paragraph, "major amendment" means a substantial alteration of the municipality's land use mixture or balance as established in the municipality's existing general plan land use element.
8. Any person or entity that requests in writing to receive a review copy of the proposal.
E. If the municipality has a planning commission, after considering any recommendations from the review required under subsection D of this section, 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 with populations of more than twenty-five thousand persons 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 to the hearing 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, 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.
F. Action by the planning commission on the general plan or any amendment to the plan shall be transmitted to the governing body of the municipality.
G. Before adopting the general plan, or any amendment to it, the governing 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 E of this section.
H. The adoption or readoption of the general plan or any amendment to such plan shall be by resolution of the governing body of the municipality, after notice as provided for in subsection E of this section. The adoption or readoption of or a major amendment to the general plan shall be approved by affirmative vote of at least two-thirds of the members of the governing body of the municipality. All major amendments to the general plan proposed for adoption by the governing body of a municipality shall be presented at a public hearing HELD within twelve months of when after the proposal is made. The general plan, or any amendment to the plan, shall be endorsed in the manner provided by the governing body to show that it has been adopted by the governing body. If the municipality includes property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28-8461, the governing body of the municipality shall send notice of the approval, adoption or readoption of the general plan or major amendment to the general plan to the attorney general by certified mail, return receipt requested, within three business days after the approval, adoption or readoption. If the attorney general determines the approval, adoption or readoption of the general plan or major amendment to the general plan is not in compliance with section 28-8481, subsection J, the attorney general shall notify the municipality by certified mail, return receipt requested, of the determination of noncompliance. The municipality shall receive the notice from the attorney general within twenty-five days after the notice from the municipality to the attorney general is mailed pursuant to this subsection. The effective date of any approval, adoption or readoption of, or major amendment to, the general plan shall be thirty days after the governing body's receipt of the attorney general's determination of noncompliance. Within thirty days after the receipt of a determination of noncompliance by the attorney general as prescribed by this section, the governing body of the municipality shall reconsider any approval, adoption or readoption of, or major amendment to, the general plan that impacts property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28-8461. If the governing body reaffirms a prior action subject to an attorney general's determination of noncompliance pursuant to this section, the attorney general may institute a civil action pursuant to section 28-8481, subsection L. If the governing body timely sends notice pursuant to this subsection and the attorney general fails to timely notify the governing body of a determination of noncompliance, the general plan or major amendment to the general plan shall be deemed to comply with section 28-8481, subsection J. If the motion to adopt or readopt a general plan or an amendment to the general plan fails to pass, the governing body may reconsider the motion in any manner allowed by the governing body's rules of procedure, but any subsequent motion for the adoption or readoption of the general plan or a major amendment to the general plan must be approved by an affirmative vote of at least two-thirds of the members of the governing body. For the purposes of this subsection, "major amendment" means a substantial alteration of the municipality's land use mixture or balance as established in the municipality's existing general plan land use element. The municipality's general plan shall define the criteria to determine if a proposed amendment to the general plan effects a substantial alteration of the municipality's land use mixture or balance as established in the municipality's existing general plan land use element.
I. 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 governing body.
J. 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 of the plan may be adopted as a part of the county general plan.
K. A general plan, with any amendments, is effective for up to ten years after the date the plan was initially adopted and ratified pursuant to subsection M of this section, or until the plan is readopted pursuant to this subsection and ratified pursuant to subsection M of this section or a new plan is adopted pursuant to this subsection and ratified pursuant to subsection M of this section, and becomes effective. On or before the tenth anniversary of the plan's most recent adoption, the governing 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.
L. Except for general plans that are required to be submitted to the voters for ratification pursuant to subsection M of this section, 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.
M. The governing body of a city or town having a population of more than two thousand five hundred persons but less than ten thousand persons and whose population growth rate exceeded an average of two percent per year for the ten-year period before the most recent United States decennial census, and any city or town having a population of ten thousand or more persons, shall submit each new general plan adopted pursuant to subsection K of this section to the voters for ratification at the next regularly scheduled municipal election or at a special election scheduled at least one hundred twenty days after the governing body adopted the plan pursuant to section 16-204. The governing body shall include a general description of the plan and its elements in the municipal election pamphlet and shall provide public copies of the plan in at least two locations that are easily accessible to the public and may include posting on the municipality's official internet website. If a majority of the qualified electors voting on the proposition approves the new plan, it shall become effective as provided by law. If a majority of the qualified electors voting on the proposition fails to approve the new plan, the current plan remains in effect until a new plan is approved by the voters pursuant to this subsection. The governing body shall either resubmit the proposed new plan, or revise the new plan as provided by this section, for subsequent submission to the voters at the next regularly scheduled municipal election or at a special election scheduled at least one hundred twenty days after the governing body readopted the new or revised new plan. All subsequent adoptions and submissions of the new plan or revised plans must comply with the procedures prescribed by this section until the plan is ratified.
N. In applying an open space element or a growth element of a general plan, a municipality shall not designate private land or state trust land as open space, recreation, conservation or agriculture unless the municipality receives the written consent of the landowner or provides an alternative, economically viable designation in the general plan or zoning ordinance, allowing at least one residential dwelling per acre. If the landowner is the prevailing party in any action brought to enforce this subsection, a court shall award fees and other expenses to the landowner. A municipality may designate land as open space without complying with the requirements of this subsection if the land was zoned as open space and used as a golf course pursuant to a zoning ordinance adopted pursuant to article 6.1 of this chapter before May 1, 2000 and the designation does not impose additional conditions, limitations or restrictions on the golf course, unless the land is state trust land that was not planned and zoned as open space pursuant to title 37, chapter 2, article 5.1.
O. A person, after having participated in the public hearing pursuant to subsection H of this section, may file a petition for special action in superior court to review the governing body's decision that does not comply with the mandatory requirement prescribed in section 9-461.05, subsection C, paragraph 1, subdivision (g) within thirty days after the governing body has rendered its decision. The court may affirm, reverse or remand to the governing body, in whole or in part, the decision reviewed for further action that is necessary to comply with the mandatory requirements prescribed in section 9-461.05, subsection C, paragraph 1, subdivision (g).
Sec. 3. Section 9-462.04, Arizona Revised Statutes, is amended to read:
9-462.04. Public hearing required; definition
A. If the municipality has a planning commission or a hearing officer, the planning commission or hearing officer shall hold a public hearing on any zoning 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 area affected, shall be given at least fifteen days before the hearing in the following manner:
1. The notice shall be published at least once in a newspaper of general circulation published or circulated in the municipality, or if there is none, it shall be posted on the affected property in such a manner as to be legible from the public right-of-way and in at least ten public places in the municipality. A posted notice shall be printed so that the following are visible from a distance of one hundred feet: the word "zoning", the present zoning district classification, the proposed zoning district classification and the date and time of the hearing.
2. In proceedings involving rezoning of land that abuts other municipalities or unincorporated areas of the county or a combination of a municipality and an unincorporated area, copies of the notice of public hearing shall be transmitted to the planning agency of the governmental unit abutting such land. In proceedings involving rezoning of land that is located within the territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461 or within the influence area of a military installation or range or arizona national guard site, the municipality shall send copies of the notice of public hearing by first class mail to the military airport or military installation or range or arizona national guard site. In addition to notice by publication, a municipality may give notice of the hearing in any other manner that the municipality deems necessary or desirable. For the purposes of this paragraph, "influence area" and "military installation or range or Arizona national guard site" have the same meanings prescribed in section 9-500.50.
3. In proceedings that are not initiated by the property owner involving rezoning of land that may change the zoning classification, 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.
4. 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 5 of this subsection:
(a) A ten percent or more increase or decrease in the number of square feet or units that may be developed.
(b) A ten percent 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 percent or more increase or decrease in setback or open space requirements.
(e) An increase or reduction in permitted uses.
5. In proceedings governed by paragraph 4 of this subsection, the municipality 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 governed by the changes.
(b) If the municipality issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the municipality shall include notice of the changes with such utility bills or other mailings.
(c) The municipality shall publish the changes before the first hearing on such changes in a newspaper of general circulation in the municipality. The changes shall be published in a "display ad" covering not less than one-eighth of a full page.
6. If notice is provided pursuant to paragraph 5, subdivision (b) or (c) of this subsection, the municipality shall also send notice by first class mail to persons who register their names and addresses with the municipality as being interested in receiving such notice. The municipality may charge a fee not to exceed $5 per year for providing this service and may adopt procedures to implement this paragraph.
7. Notwithstanding the notice requirements in paragraph 4 of this subsection, the failure of any person or entity to receive notice does not constitute grounds for any court to invalidate the actions of a municipality for which the notice was given.
B. If the matter to be considered applies to territory in a high noise or accident potential zone as defined in section 28-8461, the notice prescribed in subsection A of this section shall include a general statement that the matter applies to property located in the high noise or accident potential zone.
C. After the hearing, the planning commission or hearing officer shall render a decision in the form of a written recommendation to the governing body. The recommendation shall include the reasons for the recommendation and be transmitted to the governing body in the form and manner prescribed by the governing body.
D. If the planning commission or hearing officer has held a public hearing, the governing body may adopt the recommendations of the planning commission or hearing officer without holding a second public hearing if there is no objection, request for public hearing or other protest. The governing body shall hold a public hearing if requested by the party aggrieved or any member of the public or of the governing body, or, in any case, if a public hearing has not been held by the planning commission or hearing officer. The governing body may consider the testimony of any party aggrieved when making its decision. In municipalities with territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the governing body shall hold a public hearing if, after notice is transmitted to the military airport pursuant to subsection A of this section and before the public hearing, the military airport provides comments or analysis concerning the compatibility of the proposed rezoning with the high noise or accident potential generated by military airport or ancillary military facility operations that may have an adverse impact on public health and safety, and the governing body shall consider and analyze the comments or analysis before making a final determination. 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 A of this section. A municipality may give additional notice of the hearing in any other manner as the municipality deems necessary or desirable. For the purposes of this subsection, "party aggrieved" means any property owner within the notification area prescribed by subsection A, paragraph 3 of this section.
E. A municipality may enact an ordinance authorizing county zoning to continue in effect until municipal zoning is applied to land previously zoned by the county and annexed by the municipality, but not longer than six months after the annexation.
F. A municipality is not required to adopt a general plan before the adoption of a zoning ordinance.
G. If there is no planning commission or hearing officer, the governing body of the municipality shall perform the functions assigned to the planning commission or hearing officer.
H. If the owners of twenty percent or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property file a protest in writing against a proposed amendment, the change shall not become effective except by the favorable vote of three-fourths of all members of the governing body of the municipality. If any members of the governing body are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the governing body, provided that if such required number of votes shall is not be less than a majority of the full membership of the legally established governing body. For the purposes of this subsection, the vote shall be rounded to the nearest whole number. A protest filed pursuant to this subsection shall be signed by the property owners opposing the proposed amendment and filed in the office of the clerk of the municipality not later than 12:00 noon one business day before the date on which the governing body will vote on the proposed amendment or on an earlier time and date established by the governing body.
I. In applying an open space element or a growth element of a general plan, a parcel of land shall not be rezoned for open space, recreation, conservation or agriculture unless the owner of the land consents to the rezoning in writing.
J. Notwithstanding section 19-142, subsection B, a decision by the governing body involving rezoning of land that is not owned by the municipality and that changes the zoning classification of such land may not be enacted as an emergency measure and the change shall not be effective for at least thirty days after final approval of the change in classification by the governing body.
K. For the purposes of this section, "zoning area" means both of the following:
1. The area within one hundred fifty feet, including all rights-of-way, of the affected property subject to the proposed amendment or change.
2. The area of the proposed amendment or change.
Sec. 4. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.50, to read:
9-500.50. Disclosure of filing; military installation or range or Arizona national guard site; definitions
A. A CITY OR TOWN THAT CONTAINS ANY PORTION OF A MILITARY INSTALLATION or RANGE OR ARIZONA NATIONAL GUARD SITE OR CONTAINS ANY PORTION OF THE INFLUENCE AREA OF A MILITARY INSTALLATION or RANGE OR ARIZONA NATIONAL GUARD SITE, AS DELINEATED IN THE MAP PREPARED BY THE STATE LAND DEPARTMENT PURSUANT TO SECTION 37-102, SHALL NOTIFY THE OFFICE OF THE military INSTALLATION or range or arizona national guard site COMMANDER WHEN AN APPLICATION IS DEEMED COMPLETE BY THE CITY OR TOWN TO DO ANY OF THE FOLLOWING IN ANY PORTION OF THE INFLUENCE AREA:
1. AMEND, MODIFY OR CHANGE A GENERAL PLAN OR COMPREHENSIVE PLAN LAND USE DESIGNATION.
2. ESTABLISH, AMEND, MODIFY OR CHANGE AN AREA PLAN, CHARACTER PLAN, MASTER DEVELOPMENT PLAN OR SITE PLAN.
3. AMEND, MODIFY OR CHANGE THE ZONING DESIGNATION, OVERLAY ZONING DESIGNATION OR THE REGULATIONS RELATED TO ALLOWED USES, STRUCTURE or BUILDING HEIGHTS OR OUTDOOR LIGHTING IN THE APPLICABLE DESIGNATIONS.
4. SUBDIVIDE THE PROPERTY OR OTHERWISE DIVIDE THE PROPERTY, INCLUDING ANY LAND DIVISION, INTO FIVE OR FEWER LOTS, REGARDLESS OF THE PROPOSED DEVELOPMENT or USE.
B. THE CITY OR TOWN SHALL PROVIDE the NOTICE required PURSUANT TO subsection a of THIS SECTION BY PROVIDING A COPY OF THE APPLICATION AND THE RELEVANT DOCUMENTATION THAT are NECESSARY TO ADEQUATELY DESCRIBE THE PROPOSED APPLICATION pursuant to SUBSECTION A OF THIS SECTION. THE NOTICE SHALL INCLUDE PROCEDURES FOR PROVIDING ELECTRONIC OR WRITTEN COMMENTS, AND THE DATE COMMENTS must BE RECEIVED.
c. IN ALL CASES, COMMENTS from the military installation or range or arizona national guard site SHALL BE RECEIVED BY THE CITY OR TOWN SEVEN DAYS before THE FIRST PUBLIC HEARING. IF THE APPLICATION DOES NOT REQUIRE A PUBLIC HEARING, COMMENTS SHALL BE PROVIDED TO THE CITY OR TOWN WITHIN THE NORMAL REVIEW AND COMMENT TIMELINES FOR SUCH APPLICATION. IF COMMENTS ARE PROVIDED, THIS SECTION does not REQUIRE A PUBLIC HEARING FOR COMMENTS ON APPLICATIONS THAT DO NOT OTHERWISE REQUIRE A PUBLIC HEARING.
D. IF THE military INSTALLATION or range or arizona national guard site CHOOSES NOT TO SUBMIT OFFICIAL COMMENTS AND A PUBLIC HEARING IS REQUIRED, THE CITY OR TOWN SHALL NOTE AT THE PUBLIC HEARING THAT THE military INSTALLATION or range or arizona national guard site WAS notified AND HAS NOT PROVIDED COMMENT ON THE APPLICATION.
e. THIS SECTION does not REQUIRE A CITY OR TOWN TO DENY ANY APPLICATION, PERMIT, APPROVAL OR AUTHORIZATION BASED ON THE EXISTENCE OF THE military INSTALLATION or range or arizona national guard site OR ITS PROXIMITY TO THE PARCEL OF REAL ESTATE.
f. THIS SECTION does not REQUIRE A CITY OR TOWN TO MEET THE NOTIFICATION REQUIREMENTS OF THIS SECTION IF THE STATE LAND DEPARTMENT HAS NOT PREPARED MAPS OF MILITARY INSTALLATIONS or RANGES OR ARIZONA NATIONAL GUARD SITES.
g. FOR THE PURPOSES OF THIS SECTION:
1. "INFLUENCE AREA" MEANS ALL PROPERTY LOCATED WITHIN TWO MILES OF THE EXTERIOR PERIMETER OR FENCE LINE OF THE MILITARY INSTALLATION or RANGE OR ARIZONA NATIONAL GUARD SITE.
2. "MILITARY INSTALLATION or RANGE or ARIZONA NATIONAL GUARD SITE":
(a) includes:
(i) united states NAVAL OBSERVATORY FLAGSTAFF STATION.
(ii) BARRY M. GOLDWATER RANGE.
(iii) YUMA PROVING GROUNDS.
(iv) BUCKEYE TRAINING SITE.
(v) CAMP NAVAJO.
(vi) FLORENCE MILITARY RESERVATION.
(vii) PAPAGO PARK MILITARY RESERVATION.
(viii) PICACHO PEAK STAGEFIELD.
(ix) RITTENHOUSE TRAINING SITE.
(x) SILVERBELL ARMY HELIPORT.
(b) does not include:
(i) THE LAGUNA ARMY AIRFIELD.
(ii) Any military airport or ancillary military facility as defined in section 28-8461.
Sec. 5. Section 11-804, Arizona Revised Statutes, is amended to read:
11-804. Comprehensive plan; contents
A. The commission shall formulate and the board of supervisors shall adopt or readopt a long-term comprehensive plan for the development of the area of jurisdiction in the manner prescribed by this article. The comprehensive plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of the area of jurisdiction. The comprehensive plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the area of jurisdiction pursuant to the present and future needs of the county. The comprehensive plan shall be developed so as to conserve the natural resources of the county, to ensure efficient expenditure of public monies and to promote the health, safety, convenience and general welfare of the public. The comprehensive plan may include studies and recommendations relative to the location, character and extent of highways, railroads, bus and other transportation routes, bicycle facilities, bridges, public buildings, public services, schools, parks, open space, housing quality, variety and affordability, parkways, hiking and riding trails, airports, forests, wildlife areas, dams, projects affecting conservation of natural resources, air quality, water quality and floodplain zoning. In the preparation of the comprehensive plan, the commission shall make surveys and studies of the present conditions and prospective future growth of the area of the jurisdiction. The comprehensive plan shall be a public record, but its purpose and effect shall be primarily as an aid to the county planning and zoning commission and to the board of supervisors in the performance of their duties. The comprehensive plan shall include provisions that identify changes or modifications that constitute amendments and major amendments to the plan.
B. In addition to the other matters that are required or authorized under this section and this article, for counties with a population of more than one hundred twenty-five thousand persons, the comprehensive plan shall include, and for other counties the comprehensive 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.
(e) Currently identified sources of aggregates from maps that are available from state agencies, information from the Arizona geological survey on how to locate existing mines, consideration of existing mining operations and suitable geologic resources, policies to preserve currently identified aggregates sufficient for future development and policies to avoid incompatible land uses, except that this subdivision shall does not be construed to affect any permitted underground storage facility or limit any person's right to obtain a permit for an underground storage facility pursuant to title 45, chapter 3.1.
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.
3. Planning for water resources that addresses:
(a) The known legally and physically available surface water, groundwater and effluent supplies.
(b) The demand for water that will result from future growth projected in the comprehensive plan, added to existing uses.
(c) An analysis of how the demand for water that will result from future growth projected in the comprehensive plan will be served by the water supplies identified in subdivision (a) of this paragraph or a plan to obtain additional necessary water supplies.
4. Planning for energy use that:
(a) Encourages and provides incentives for efficient use of energy.
(b) Identifies policies and practices for greater use of renewable energy.
C. In addition to the other matters that are required or authorized under this section and this article, for counties with a population of more than two hundred thousand persons, the comprehensive plan shall include, and for other counties the comprehensive 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 analyses, 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 countywide 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 that are allowed by law and 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 pursuant to law.
D. The water resources element of the comprehensive plan does not require:
1. New independent hydrogeologic studies.
2. The county to be a water service provider.
E. In applying an open space element or a growth element of a comprehensive plan, a county shall not designate private or state land as open space, recreation, conservation or agriculture unless the county receives the written consent of the landowner or provides an alternative, economically viable designation in the comprehensive plan or zoning ordinance, allowing at least one residential dwelling per acre. If the landowner is the prevailing party in any action brought to enforce this subsection, a court shall award fees and other expenses to the landowner. Each county shall incorporate this subsection into its comprehensive plan and provide a process for a landowner to resolve discrepancies relating to this subsection.
F. The policies and strategies to be developed under these elements shall be designed to have regional applicability.
G. For counties with territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the commission shall also consider military airport or ancillary military facility operations and shall identify the boundaries of any high noise or accident potential zone as defined in section 28-8461 in its comprehensive plan for purposes of planning land uses in the high noise or accident potential zone that are compatible with the operation of the military airport or ancillary military facility pursuant to section 28-8481, subsection J.
h. For a county that contains any portion of the influence area of a military installation or range or arizona national guard site, the commission shall also consider respective installation, range or site operations and shall identify the influence area boundaries in its comprehensive plan for the purposes of planning land uses in the influence area that are compatible with the operation of the installation, range or site. For the purposes of this subsection, "influence area" and "military installation or range or Arizona national guard site" have the same meanings prescribed in section 11-818.01.
Sec. 6. Section 11-805, Arizona Revised Statutes, is amended to read:
11-805. Comprehensive plan adoption; notice; hearing; amendment; expiration; readoption
A. The board shall adopt a comprehensive plan and subsequently amend or extend the adopted plan as provided by this article. On adoption or readoption, the plan, or any part of the plan, shall be the official guide for the development of the area of jurisdiction. Any change, amendment, extension or addition of the comprehensive plan may be made only pursuant to this chapter.
B. The board of supervisors shall:
1. Adopt written procedures to provide effective, early and continuous public participation in the development and major amendment of the comprehensive plan from all geographic, ethnic and economic areas of the county. 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, advise and provide an opportunity for official comment by public officials and agencies, municipalities, school districts, associations of governments, public land management agencies, the military airport if the county's area of jurisdiction includes territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, a military installation or range or arizona national guard site as defined in section 11-818.01, if applicable, other appropriate government jurisdictions, public utility companies, civic, educational, professional and other organizations, property owners and citizens generally to secure the maximum coordination of plans and to indicate properly located sites for all public purposes on the plan.
C. The commission shall confer with the state land department and the governing bodies and planning commissions of cities and towns in the county for the purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the county, of zoning districts, of urban growth and of public improvements and utilities that do not begin and terminate within the boundaries of any single city or town and that will, pursuant to the present and future needs of the county, best promote with efficiency and economy the health, safety, morals, order, convenience or general welfare of the public.
D. The commission shall coordinate the production of the comprehensive plan with the creation of the conceptual state land use plans under title 37, chapter 2, article 5.1. The commission shall cooperate with the state land department regarding integrating the conceptual state land use plans into the comprehensive plan.
E. The commission may formulate and draft the comprehensive plan as a whole, or as separate parts of the plan corresponding with functional divisions of the subject matter, and, subject to the limitations of this chapter, may amend, extend or add to the comprehensive plan.
F. At least sixty days before the comprehensive plan or an element or major amendment of a comprehensive plan is noticed pursuant to subsection G of this section, the commission shall transmit the proposal to the board of supervisors and submit a copy for review and further comment to:
1. Each municipality in the county.
2. Each other county that is contiguous to the county.
3. The regional planning agency in the county.
4. The Arizona commerce authority or any other state agency that is subsequently designated as the general planning agency for this state.
5. The department of water resources for review and comment on the water resources element, if a water resources element is required.
6. If the comprehensive plan or an element or amendment of the comprehensive plan is applicable to territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the military airport.
7. If the comprehensive plan or an element or major amendment of the comprehensive plan is applicable to property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28-8461, the attorney general. For the purposes of this paragraph, "major amendment" means a substantial alteration of the county's land use mixture or balance as established in the county's existing comprehensive plan land use element for that area of the county.
8. Any person or entity that requests in writing to receive a review copy of the proposal.
G. After considering any recommendations from the review required under subsection F of this section, the commission shall hold at least one public hearing. Notice of the time and place of a hearing and availability of studies and summaries related to the hearing 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 in the county seat.
2. Publication at least once in a newspaper of general circulation in the area to be affected, or adjacent to the area to be affected, if the area affected is other than the county seat.
3. Such other manner in addition to publication as the county may deem necessary or desirable.
H. After the commission recommends the comprehensive plan or any section of the plan, the plan shall be submitted to the board of supervisors for its consideration and official action.
I. Before the adoption, amendment or extension of the plan, the board shall hold at least one public hearing on the plan. After the board considers the commission's recommendation and any recommendations from the review required under subsection F of this section, the board shall hold at least one public hearing at which residents of the county shall be heard concerning the matters contained in the plan. At least fifteen days' notice of the hearing shall be given by one publication in a newspaper of general circulation in the county seat. The board shall consider protests and objections to the plan and may change or alter any portion of the comprehensive plan. However, before any change is made, that portion of the plan proposed to be changed shall be re-referred to the commission for its recommendation, which may be accepted or rejected by the board.
J. 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. 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 of the members of the board. All major amendments proposed for adoption to the comprehensive plan by the board shall be presented at a single public hearing during the calendar year the proposal is made. The adoption or readoption of the comprehensive plan, and any major amendment to the comprehensive 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 the purposes of this section, "major amendment" means a substantial alteration of the county's land use mixture or balance as established in the county's existing comprehensive plan land use element for that area of the county. The county's comprehensive plan shall define the criteria to determine if a proposed amendment to the comprehensive plan effects a substantial alteration of the county's land use mixture or balance as established in the county's existing comprehensive plan land use element for that area of the county.
K. If the county's area of jurisdiction includes property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28-8461, the board shall send notice of the approval, adoption or readoption of the comprehensive plan or major amendment to the comprehensive plan to the attorney general by certified mail, return receipt requested, within three business days after the approval, adoption or readoption. If the attorney general determines the approval, adoption or readoption of the comprehensive plan or major amendment to the comprehensive plan is not in compliance with section 28-8481, subsection J, the attorney general shall notify the county by certified mail, return receipt requested, of the determination of noncompliance. The board shall receive the notice from the attorney general within twenty-five days after the notice from the board to the attorney general is mailed pursuant to this subsection. The effective date of any approval, adoption or readoption of, or major amendment to, the comprehensive plan shall be thirty days after the board's receipt of the attorney general's determination of noncompliance. Within thirty days after the receipt of a determination of noncompliance by the attorney general as prescribed by this section, the board shall reconsider any approval, adoption or readoption of, or major amendment to, the comprehensive plan that impacts property in the high noise or accident potential zone of a military airport or ancillary military facility as defined in section 28-8461. If the board reaffirms a prior action subject to an attorney general's determination of noncompliance pursuant to this section, the attorney general may institute a civil action pursuant to section 28-8481, subsection L. If the board timely sends notice pursuant to this subsection and the attorney general fails to timely notify the board of a determination of noncompliance, the comprehensive plan or major amendment to the comprehensive plan is deemed to comply with section 28-8481, subsection J. For the purposes of this subsection "major amendment" has the same meaning prescribed in subsection J of this section.
L. If the motion to adopt or readopt the plan or an amendment to the plan fails to pass, the board may reconsider the motion in any manner allowed by the board's rules of procedure, but any subsequent motion for the adoption or readoption of the plan or a major amendment to the plan must be approved by an affirmative vote of at least two-thirds of the members of the board. If the board fails to adopt or readopt the plan, the current plan remains in effect until a new plan is adopted. The board shall either reconsider the proposed plan or consider a revised plan within one year and shall continue to do so until one is adopted. All subsequent considerations of a new or revised plan must comply with the procedures prescribed by this article.
M. A county comprehensive plan, with any amendments, is effective for up to ten years from after 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 comprehensive plan as provided by this article.
N. A person, after having participated in the public hearing pursuant to subsection I of this section, may file a petition for special action in superior court to review the board of supervisor's decision that does not comply with the mandatory requirement prescribed in section 11-804, subsection B, paragraph 1, subdivision (e) within thirty days after the board has rendered its decision. The court may affirm, reverse or remand to the board of supervisors, in whole or in part, the decision reviewed for further action that is necessary to comply with the mandatory requirements prescribed in section 11-804, subsection B, paragraph 1, subdivision (e).
Sec. 7. Section 11-814, Arizona Revised Statutes, is amended to read:
11-814. Rezoning; conditional zoning change; notice; hearing; citizen review; definition
A. All rezonings adopted under this article shall be consistent with and conform to the adopted comprehensive plan. In the case of uncertainty in constructing or applying the conformity of any part of a proposed rezoning to the adopted comprehensive plan, the rezoning 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 comprehensive plan. A rezoning conforms with the comprehensive plan if it proposes land uses, densities or intensities within the range of identified uses, densities and intensities of the comprehensive plan.
B. A property owner or authorized agent of a property owner desiring a rezoning shall file an application for the rezoning.
C. The commission, on its own motion, may propose a rezoning and, after holding a public hearing as required by this chapter, may transmit the proposal to the board, which shall proceed as prescribed in this chapter for any other rezoning.
D. On receipt of the application, the board shall submit the application to the commission for a report. Before reporting to the board, the commission shall hold at least one public hearing after giving at least fifteen days' notice of the hearing by one publication in a newspaper of general circulation in the county seat and by posting of the area included in the proposed rezoning. If the matter to be considered applies to territory in a high noise or accident potential zone as defined in section 28-8461, the notice shall include a general statement that the matter applies to property located in the high noise or accident potential zone. The posting shall be in no not 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 rezoning and each county and municipality that is contiguous to the area of the proposed rezoning. In proceedings involving rezoning of land that is located within territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461 or an influence area of a military installation or range or arizona national guard site, the commission shall send copies of the notice of public hearing by first class mail to the military airport or the military installation or range or arizona national guard site as applicable. The notice sent by mail shall include, at a minimum, the date, time and place of the hearing on the proposed rezoning, including a general explanation of the matter to be considered and a general description of the area of the proposed rezoning. For those counties with five or more supervisors, the notice must include a general description of 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 percent 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. 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. For the purposes of this subsection, "influence area" and "military installation or range or Arizona national guard site" have the same meanings prescribed in section 11-818.01.
E. If the commission or hearing officer has held a public hearing, the board may adopt the recommendations of the 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 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 rezoning. In counties with territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the board shall hold a public hearing if, after notice is mailed to the military airport pursuant to subsection D of this section and before the public hearing, the military airport provides comments or analysis concerning the compatibility of the proposed rezoning with the high noise or accident potential generated by military airport or ancillary military facility operations that may have an adverse impact on public health and safety, and the board shall consider and analyze the comments or analysis before making a final determination. After holding the hearing, the board may adopt the rezoning by a majority vote of the board for those counties with fewer than five supervisors, or for those counties with five or more supervisors if a protest has not been filed. If twenty per cent percent of the owners of property by area and number within the zoning area file a protest to the proposed rezoning, the change shall not be made except by a three-fourths vote of all members of the board for those counties with five or more supervisors. 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 for those counties with five or more supervisors, 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.
F. The board of supervisors shall adopt by ordinance a citizen review process that applies to all rezoning and specific zoning plan applications that require a public hearing. The citizen review process shall include at least the following requirements:
1. Adjacent landowners and other potentially affected citizens will be notified of the application.
2. The county will inform adjacent landowners and other potentially affected citizens of the substance of the proposed rezoning.
3. Adjacent landowners and other potentially affected citizens will be provided an opportunity to express any issues or concerns that they may have with the proposed rezoning before the public hearing.
G. The rezoning or subdivision plat of any unincorporated area completely surrounded by a city or town shall use as a guideline the adopted general plan and standards as prescribed in the subdivision and zoning ordinances of the city or town after April 10, 1986.
H. The board or commission, before taking any action on a rezoning or subdivision plat in an area as prescribed in subsection G of this section, may require the affected city or town to supply information to allow the county to meet the guideline. If an affected city or town objects to any such proposed action, the board or commission shall prescribe in the minutes of the meeting specific reasons why in its opinion the guideline is actually being followed or why it is not practicable to follow the guideline of the general plan.
I. The board may approve a change of zone conditioned on 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 board after notification by certified mail to the owner and applicant who requested the rezoning shall schedule a public hearing to grant an extension, determine compliance with the schedule for development or cause the property to revert to its former zoning classification.
J. 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. 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. In applying an open space element or a growth element of a comprehensive plan, a parcel of land shall not be rezoned for open space, recreation, conservation or agriculture unless the owner of the land consents to the rezoning in writing. For the purposes of this subsection, rezoning does not include the creation or expansion of overlay zones solely for the purpose of implementing airport safety and protection. Rezoning also does not include the redesignation of areas of the county to which the residential provisions of the county building codes apply or do not apply. The county shall not adopt any change in a zoning classification to circumvent the purpose of this subsection.
K. Notwithstanding title 19, chapter 1, article 4, a decision by the governing body involving rezoning of land that is not owned by the county and that changes the zoning classification of the land 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 fewer than five supervisors.
L. For the purposes of this section, "zoning area" means the area within three hundred feet of the proposed amendment or change.
Sec. 8. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-818.01, to read:
11-818.01. Disclosure of filing; military installation or range or Arizona national guard site; definitions
A. A county THAT CONTAINS ANY PORTION OF A MILITARY INSTALLATION or RANGE OR ARIZONA NATIONAL GUARD SITE OR CONTAINS ANY PORTION OF THE INFLUENCE AREA OF A MILITARY INSTALLATION or RANGE OR ARIZONA NATIONAL GUARD SITE, AS DELINEATED IN THE MAP PREPARED BY THE STATE LAND DEPARTMENT PURSUANT TO SECTION 37-102, SHALL NOTIFY THE OFFICE OF THE military INSTALLATION or range or arizona national guard site COMMANDER WHEN AN APPLICATION IS DEEMED COMPLETE BY THE County TO DO ANY OF THE FOLLOWING in ANY PORTION OF THE INFLUENCE AREA:
1. AMEND, MODIFY OR CHANGE A GENERAL PLAN OR COMPREHENSIVE PLAN LAND USE DESIGNATION.
2. ESTABLISH, AMEND, MODIFY OR CHANGE AN AREA PLAN, CHARACTER PLAN, MASTER DEVELOPMENT PLAN OR SITE PLAN.
3. AMEND, MODIFY OR CHANGE THE ZONING DESIGNATION, OVERLAY ZONING DESIGNATION OR THE REGULATIONS RELATED TO ALLOWED USES, STRUCTURE or BUILDING HEIGHTS OR OUTDOOR LIGHTING IN THE APPLICABLE DESIGNATIONS.
4. SUBDIVIDE THE PROPERTY OR OTHERWISE DIVIDE THE PROPERTY, INCLUDING ANY LAND DIVISION, INTO FIVE OR FEWER LOTS, REGARDLESS OF THE PROPOSED DEVELOPMENT or USE.
B. THE County SHALL PROVIDE the NOTICE required PURSUANT TO subsection a of THIS SECTION BY PROVIDING A COPY OF THE APPLICATION AND THE RELEVANT DOCUMENTATION THAT IS NECESSARY TO ADEQUATELY DESCRIBE THE PROPOSED APPLICATION pursuant to SUBSECTION A OF THIS SECTION. THE NOTICE SHALL INCLUDE PROCEDURES FOR PROVIDING ELECTRONIC OR WRITTEN COMMENTS AND THE DATE COMMENTS must BE RECEIVED.
c. IN ALL CASES, COMMENTS from the military installation or range or arizona national guard site SHALL BE RECEIVED BY THE County SEVEN DAYS before THE FIRST PUBLIC HEARING. IF THE APPLICATION DOES NOT REQUIRE A PUBLIC HEARING, COMMENTS SHALL BE PROVIDED TO THE county WITHIN THE NORMAL REVIEW AND COMMENT TIMELINES FOR SUCH APPLICATION. IF COMMENTS ARE PROVIDED, THIS SECTION does not REQUIRE A PUBLIC HEARING FOR COMMENTS ON APPLICATIONS THAT DO NOT OTHERWISE REQUIRE A PUBLIC HEARING.
D. IF THE military INSTALLATION or range or arizona national guard site CHOOSES NOT TO SUBMIT OFFICIAL COMMENTS AND A PUBLIC HEARING IS REQUIRED, THE county SHALL NOTE AT THE PUBLIC HEARING THAT THE military INSTALLATION or range or arizona national guard site WAS NOTIFIED AND HAS NOT PROVIDED COMMENT ON THE APPLICATION.
e. THIS SECTION does not REQUIRE A County TO DENY ANY APPLICATION, PERMIT, APPROVAL OR AUTHORIZATION BASED ON THE EXISTENCE OF THE military INSTALLATION or range or arizona national guard site OR ITS PROXIMITY TO THE PARCEL OF REAL ESTATE.
f. THIS SECTION does not REQUIRE A County TO MEET THE NOTIFICATION REQUIREMENTS OF THIS SECTION IF THE STATE LAND DEPARTMENT HAS NOT PREPARED MAPS OF MILITARY INSTALLATIONS or RANGES OR ARIZONA NATIONAL GUARD SITES.
g. FOR THE PURPOSES OF THIS SECTION:
1. "INFLUENCE AREA" MEANS ALL PROPERTY LOCATED WITHIN TWO MILES OF THE EXTERIOR PERIMETER OR FENCE LINE OF THE MILITARY INSTALLATION or RANGE OR ARIZONA NATIONAL GUARD SITE.
2. "MILITARY INSTALLATION or RANGE or ARIZONA NATIONAL GUARD SITE":
(a) includes:
(i) united states NAVAL OBSERVATORY FLAGSTAFF STATION.
(ii) BARRY M. GOLDWATER RANGE.
(iii) YUMA PROVING GROUNDS.
(iv) BUCKEYE TRAINING SITE.
(v) CAMP NAVAJO.
(vi) FLORENCE MILITARY RESERVATION.
(vii) PAPAGO PARK MILITARY RESERVATION.
(viii) PICACHO PEAK STAGEFIELD.
(ix) RITTENHOUSE TRAINING SITE.
(x) SILVERBELL ARMY HELIPORT.
(b) does not include:
(i) THE LAGUNA ARMY AIRFIELD.
(ii) Any military airport or ancillary military facility as defined in section 28-8461.
Sec. 9. Title 32, chapter 20, article 1, Arizona Revised Statutes, is amended by adding section 32-2114.02, to read:
32-2114.02. Military installation; range; Arizona national guard site; applicability; definitions
A. THE COMMISSIONER SHALL EXECUTE AND RECORD IN THE OFFICE OF THE COUNTY RECORDER IN EACH COUNTY THAT INCLUDES a MILITARY INSTALLATION or RANGE or ARIZONA NATIONAL GUARD SITE, AS DELINEATED IN THE MAPS PREPARED BY THE STATE LAND DEPARTMENT PURSUANT TO SECTION 37-102, A DOCUMENT THAT APPLIES TO LAND CONTAINED IN an INFLUENCE AREA AND THAT DISCLOSES THAT THE LAND IS CONTAINED IN AN INFLUENCE AREA.
B. IF a MILITARY INSTALLATION or RANGE OR ARIZONA NATIONAL GUARD SITE CHANGES AND PERSONS WHO WERE NOTIFIED PURSUANT TO SUBSECTION A OF THIS SECTION NO LONGER HAVE PROPERTY CONTAINED IN AN INFLUENCE AREA, AS DELINEATED IN THE MILITARY INSTALLATIONS or RANGES OR ARIZONA NATIONAL GUARD SITE MAP, THE COMMISSIONER SHALL EXECUTE AND RECORD IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY IN WHICH THE PROPERTY IS LOCATED A DOCUMENT DISCLOSING THAT THE LAND IS NOT CONTAINED IN AN INFLUENCE AREA.
C. THE ATTORNEY GENERAL SHALL PREPARE IN RECORDABLE FORM THE DOCUMENTS THAT ARE EXECUTED AND RECORDED BY THE COMMISSIONER PURSUANT TO THIS SECTION.
D. THE DOCUMENTS THAT ARE EXECUTED AND RECORDED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL INCLUDE A GEOSPATIAL DESCRIPTION OF THE INFLUENCE AREAS AS DELINEATED IN THE MILITARY INSTALLATION or RANGE AND ARIZONA NATIONAL GUARD SITE MAP.
e. this section does not apply to any military airport or ancillary military facility as defined in section 28-8461.
f. for the purposes of this section, "influence area" and "military installation or range or arizona national guard site" have the same meanings prescribed in sections 9-500.50 and 11-818.01.
Sec. 10. Section 32-2115, Arizona Revised Statutes, is amended to read:
32-2115. Department's website; military training route map; restricted air space map; military electronics range map; military installation, range and Arizona national guard site influence area map
The department shall post on its website the following maps prepared by the state land department as prescribed by law:
1. The military training route map.
2. The restricted air space map.
3. The military electronics range of a military installation.
4. A Military installation or range or arizona national guard site influence area map.
Sec. 11. Section 32-2183, Arizona Revised Statutes, is amended to read:
32-2183. Subdivision public reports; denial of issuance; unlawful sales; voidable sale or lease; order prohibiting sale or lease; investigations; hearings; summary orders
A. Upon on examination of a subdivision, the commissioner, unless there are grounds for denial, shall issue to the subdivider a public report authorizing the sale or lease in this state of the lots, parcels or fractional interests within the subdivision. The report shall contain the data obtained in accordance with section 32-2181 and any other information which that the commissioner determines is necessary to implement the purposes of this article. If any of the lots, parcels or fractional interests within the subdivision are located within territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, under a military training route as delineated in the military training route map prepared pursuant to section 37-102 in a military installation or range or arizona national guard site influence area as delineated in the maps prepared pursuant to section 37-102, subsection h, paragraph 4, under restricted air space as delineated in the restricted air space map prepared pursuant to section 37-102 or contained in the military electronics range as delineated in the military electronics range map prepared pursuant to section 37-102, the report shall include, in bold twelve point twelve-point font block letters on the first page of the report, the statements required pursuant to section 28-8484, subsection A, section 32-2183.05 or section 32-2183.06 and, if the department has been provided a map prepared pursuant to section 28-8484, subsection B or section 37-102, the report shall include a copy of the map. The military airport report requirements do not require the amendment or reissuance of any public report issued on or before December 31, 2001 or on or before December 31 of the year in which the lots, parcels or fractional interests within a subdivision become territory in the vicinity of a military airport or ancillary military facility. The military training route report requirements do not require the amendment or reissuance of any public report issued on or before December 31, 2004. The restricted air space report requirements do not require the amendment or reissuance of any public report issued on or before December 31, 2006. The military electronics range report requirements do not require the amendment or reissuance of any public report issued on or before December 31, 2008. A military installation or range or arizona national guard site report requirements do not require the amendment or reissuance of any public report issued on or before December 31, 2024. The commissioner shall require the subdivider to reproduce the report, make the report available to each initial prospective customer and furnish each initial buyer or lessee with a copy before the buyer or lessee signs any offer to purchase or lease, taking a receipt therefor.
B. This section shall does not be construed to require a public report issued sixty or fewer days prior to before the filing of the military electronics range map or the military installation or range or arizona national guard site influence area map prepared pursuant to section 37-102 to meet the military electronics range or military installation or range or arizona national guard site notification requirements of this section.
C. A public report issued sixty-one or more days after the filing of the military electronics range map or the military installation or range or arizona national guard site influence area map prepared pursuant to section 37-102 shall meet all of the requirements of subsection A of this section.
D. Notwithstanding subsection A of this section, a subdivider may elect to prepare a final public report for use in the sale of improved lots as defined in section 32-2101, as follows:
1. The subdivider shall prepare the public report and provide a copy of the report to the commissioner with the submission of the notification required by sections 32-2181 and 32-2184 and shall comply with all other requirements of this article.
2. An initial filing fee of five hundred dollars $500 or an amended filing fee of two hundred fifty dollars $250 shall accompany the notification required by paragraph 1 of this subsection.
3. The department shall assign a registration number to each notification and public report submitted pursuant to this subsection and shall maintain a database of all of these submissions. The subdivider shall place the number on each public report.
4. On receipt of the notification and public report, the department shall review and issue within ten business days either a certification that the notification and public report are administratively complete or a denial letter if it appears that the application or project is not in compliance with all legal requirements, that the applicant has a background of violations of state or federal law or that the applicant or project presents an unnecessary risk of harm to the public. If the commissioner has received the notification and public report but has not issued a certification or a denial letter within ten business days pursuant to this paragraph, the notification and public report are administratively complete.
5. A subdivider may commence sales or leasing activities as permitted under this article after obtaining a certificate of administrative completeness from the commissioner.
6. Before or after the commissioner issues a certificate of administrative completeness or, if applicable, after the notification and public report are deemed to be administratively complete pursuant to paragraph 4 of this subsection, the department may examine any public report, subdivision or applicant that has applied for or received the certificate. If the commissioner determines that the subdivider or subdivision is not in compliance with any requirement of state law or that grounds exist under this chapter to suspend, deny or revoke a public report, the commissioner may commence an administrative action under section 32-2154 or 32-2157. If the subdivider immediately corrects the deficiency and comes into full compliance with state law, the commissioner shall vacate any action that the commissioner may have commenced pursuant to section 32-2154 or 32-2157.
7. The department shall provide forms and guidelines for the submission of the notification and public report pursuant to this section.
E. The commissioner may suspend, revoke or deny issuance of a public report on any of the following grounds:
1. Failure to comply with this article or the rules of the commissioner pertaining to this article.
2. The sale or lease would constitute misrepresentation to or deceit or fraud of the purchasers or lessees.
3. Inability to deliver title or other interest contracted for.
4. Inability to demonstrate that adequate financial or other arrangements acceptable to the commissioner have been made for completion of all streets, sewers, electric, gas and water utilities, drainage and flood control facilities, community and recreational facilities and other improvements included in the offering.
5. Failure to make a showing that the lots, parcels or fractional interests can be used for the purpose for which they are offered.
6. The owner, agent, subdivider, officer, director or partner, subdivider trust beneficiary holding ten per cent percent or more direct or indirect beneficial interest or, if a corporation, any stockholder owning ten per cent percent or more of the stock in the corporation has:
(a) Been convicted of a felony or misdemeanor involving fraud or dishonesty or involving conduct of any business or a transaction in real estate, cemetery property, time-share timeshare intervals or membership camping campgrounds or contracts.
(b) Been permanently or temporarily enjoined by order, judgment or decree from engaging in or continuing any conduct or practice in connection with the sale or purchase of real estate or cemetery property, time-share timeshare intervals, membership camping contracts or campgrounds, or securities or involving consumer fraud or the racketeering laws of this state.
(c) Had an administrative order entered against him the person by a real estate regulatory agency or security regulatory agency.
(d) Had an adverse decision or judgment entered against him the person involving fraud or dishonesty or involving the conduct of any business or transaction in real estate, cemetery property, time-share timeshare intervals or membership camping campgrounds or contracts.
(e) Disregarded or violated this chapter or the rules of the commissioner pertaining to this chapter.
(f) Controlled an entity to which subdivision (b), (c), (d) or (e) applies.
7. Procurement or an attempt to procure a public report by fraud, misrepresentation or deceit or by filing an application for a public report that is materially false or misleading.
8. Failure of the declaration for a condominium created pursuant to title 33, chapter 9, article 2 to comply with the requirements of section 33-1215 or failure of the plat for the condominium to comply with the requirements of section 33-1219. The commissioner may require an applicant for a public report to submit a notarized statement signed by the subdivider or an engineer or attorney licensed to practice in this state certifying that the condominium plat and declaration of condominium are in compliance with the requirements of sections 33-1215 and 33-1219. If the notarized statement is provided, the commissioner is entitled to rely on this statement.
9. Failure of any blanket encumbrance or valid supplementary agreement executed by the holder of the blanket encumbrance to contain provisions that enable the purchaser to acquire title to a lot or parcel free of the lien of the blanket encumbrance, on completion of all payments and performance of all of the terms and provisions required to be made or performed by the purchaser under the real estate sales contract by which the purchaser has acquired the lot or parcel. The subdivider shall file copies of documents acceptable to the commissioner containing these provisions with the commissioner before the sale of any subdivision lot or parcel subject to a blanket encumbrance.
10. Failure to demonstrate permanent access to the subdivision lots or parcels.
11. The use of the lots presents an unreasonable health risk.
F. It is unlawful for a subdivider to sell any lot in a subdivision unless one of the following occurs:
1. All proposed or promised subdivision improvements are completed.
2. The completion of all proposed or promised subdivision improvements is assured by financial arrangements acceptable to the commissioner. The financial arrangements may be made in phases for common community and recreation facilities required by a municipality or county as a stipulation for approval of a plan for a master planned community.
3. The municipal or county government agrees to prohibit occupancy and the subdivider agrees not to close escrow for lots in the subdivision until all proposed or promised subdivision improvements are completed.
4. The municipal or county government enters into an assurance agreement with any trustee not to convey lots until improvements are completed within the portion of the subdivision containing these lots, if the improvements can be used and maintained separately from the improvements required for the entire subdivision plat. The agreement shall be recorded in the county in which the subdivision is located.
G. If the subdivision is within an active management area, as defined in section 45-402, the commissioner shall deny issuance of a public report or the use of any exemption pursuant to section 32-2181.02, subsection B unless the subdivider has been issued a certificate of assured water supply by the director of water resources and has paid all applicable fees pursuant to sections 48-3772 and 48-3774.01, 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 the requirement pursuant to section 45-576.
H. In areas outside of active management areas, if the subdivision is located in a county that has adopted the provision authorized by section 11-823, subsection A or in a city or town that has enacted an ordinance pursuant to section 9-463.01, subsection O, the commissioner shall deny issuance of a public report or the use of any exemption pursuant to section 32-2181.02, subsection B unless one of the following applies:
1. The director of water resources has reported pursuant to section 45-108 that the subdivision has an adequate water supply.
2. 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 adequate water supply by the director of water resources pursuant to section 45-108.
3. The plat was approved pursuant to an exemption authorized by section 9-463.01, subsection K, pursuant to an exemption authorized by section 11-823, subsection B, paragraph 1, pursuant to an exemption granted by the director of water resources under section 45-108.02 and the exemption has not expired or pursuant to an exemption granted by the director of water resources under section 45-108.03.
4. The subdivision received final plat approval from the city, town or county before the requirement for an adequate water supply became effective in the city, town or county, and there have been no material changes to the plat since the final plat approval. If changes were made to the plat after the final plat approval, the director of water resources shall determine whether the changes are material pursuant to the rules adopted by the director to implement section 45-108.
I. A subdivider shall not sell or lease or offer for sale or lease in this state any lots, parcels or fractional interests in a subdivision without first obtaining a public report from the commissioner except as provided in section 32-2181.01 or 32-2181.02, and a certificate of administrative completeness issued pursuant to this section. Unless exempt, the sale or lease of subdivided lands prior to before issuance of the public report or failure to deliver the public report to the purchaser or lessee shall render the sale or lease rescindable by the purchaser or lessee. An action by the purchaser or lessee to rescind the transaction shall be brought within three years of after the date of execution of the purchase or lease agreement by the purchaser or lessee. In any rescission action, the prevailing party is entitled to reasonable attorney fees as determined by the court.
J. On a print advertisement in a magazine or newspaper or on an internet advertisement that advertises a specific lot or parcel of a subdivider, the subdivider shall include a disclosure stating that "a public report is available on the state real estate department's website".
K. Any applicant objecting to the denial of a public report, within thirty days after receipt of the order of denial, may file a written request for a hearing. The commissioner shall hold the hearing within twenty days after receipt of the request for a hearing unless the party requesting the hearing has requested a postponement. If the hearing is not held within twenty days after a request for a hearing is received, plus the period of any postponement, or if a proposed decision is not rendered within forty-five days after submission, the order of denial shall be rescinded and a public report issued.
L. On the commissioner's own motion, or when the commissioner has received a complaint and has satisfactory evidence that the subdivider or the subdivider's agent is violating this article or the rules of the commissioner or has engaged in any unlawful practice as defined in section 44-1522 with respect to the sale of subdivided lands or deviated from the provisions of the public report, the commissioner may investigate the subdivision project and examine the books and records of the subdivider. For the purpose of examination, the subdivider shall keep and maintain records of all sales transactions and funds received by the subdivider pursuant to the sales transactions and shall make them accessible to the commissioner upon on reasonable notice and demand.
M. On the commissioner's own motion, or when the commissioner has received a complaint and has satisfactory evidence that any person has violated this article or the rules of the commissioner or has engaged in any unlawful practice as defined in section 44-1522 with respect to the sale of subdivided lands or deviated from the provisions of the public report or special order of exemption, or has been indicted for fraud or against whom an information for fraud has been filed or has been convicted of a felony, before or after the commissioner issues the public report as provided in subsection A of this section, the commissioner may conduct an investigation of the matter, issue a summary order as provided in section 32-2157, or provide notice and hold a public hearing and, after the hearing, may issue the order or orders the commissioner deems necessary to protect the public interest and ensure compliance with the law, rules or public report or the commissioner may bring action in any court of competent jurisdiction against the person to enjoin the person from continuing the violation or engaging in or doing any act or acts in furtherance of the violation. The court may make orders or judgments, including the appointment of a receiver, necessary to prevent the use or employment by a person of any unlawful practices, or which may be necessary to restore to any person in interest any monies or property, real or personal, that may have been acquired by means of any practice in this article declared to be unlawful.
N. When it appears to the commissioner that a person has engaged in or is engaging in a practice declared to be unlawful by this article and that the person is concealing assets or self or has made arrangements to conceal assets or is about to leave the state, the commissioner may apply to the superior court, ex parte, for an order appointing a receiver of the assets of the person or for a writ of ne exeat, or both.
O. The court, on receipt of an application for the appointment of a receiver or for a writ of ne exeat, or both, shall examine the verified application of the commissioner and other evidence that the commissioner may present the court. If satisfied that the interests of the public require the appointment of a receiver or the issuance of a writ of ne exeat without notice, the court shall issue an order appointing the receiver or issue the writ, or both. If the court determines that the interests of the public will not be harmed by the giving of notice, the court shall set a time for a hearing and require notice be given as the court deems satisfactory.
P. If the court appoints a receiver without notice, the court shall further direct that a copy of the order appointing a receiver be served on the person engaged in or engaging in a practice declared to be unlawful under this article by delivering the order to the last address of the person that is on file with the state real estate department. The order shall inform the person that the person has the right to request a hearing within ten days of after the date of the order and, if requested, the hearing shall be held within thirty days from after the date of the order.
Sec. 12. Section 32-2183.05, Arizona Revised Statutes, is amended to read:
32-2183.05. Military training route disclosure; military electronics range disclosure; military installation, range and Arizona national guard site disclosure; residential property
A. Any public report that is issued after December 31, 2004 pursuant to section 32-2183 or 32-2195.03 and that is applicable to property located under a military training route, as delineated in the military training route map prepared by the state land department pursuant to section 37-102, and any public report that is issued after December 31, 2008 and that is applicable to property located in a military electronics range as delineated in the military electronics range map prepared by the state land department pursuant to section 37-102, and any public report that is issued after December 31, 2024 and that is applicable to property located fully or partially within a military installation's or range's or arizona national guard site's influence area as delineated in the maps prepared by the state land department pursuant to section 37-102, SUBSECTION H, PARAGRAPH 4, shall include the following statements:
1. The property is located under a military training route, or in a military electronics range or in a military installation's or range's or arizona national guard site's influence area.
2. The state land department and the state real estate department maintain military training route maps, and military electronics range maps and military installation AND range and arizona national guard site influence area maps available to the public.
3. The military training route map, and military electronics range map and military installation AND range and arizona national guard site influence area maps are posted on the state real estate department's website.
B. The public report prescribed by subsection A of this section may contain a disclaimer that the subdivider has no control over the military training routes as delineated in the military training route map or the timing or frequency of flights and associated levels of noise, and has no control over the military electronics range and its testing and training operations and has no control over the military installation's OR range's or arizona national guard site's operations.
C. For any lot reservation or conditional sale that occurs before the issuance of a public report, the disclosure statements listed in subsection A of this section shall be included within the reservation document or conditional sales contract.
D. This section does not require the amendment or reissuance of any public report issued on or before December 31, 2004 that is applicable to property located under a military training route, as delineated in the military training route map prepared by the state land department pursuant to section 37-102 or on or before December 31, 2008 that is applicable to property located in a military electronics range, as delineated in the military electronics range map prepared by the state land department pursuant to section 37-102 or on or before December 31, 2024 that is applicable to property located fully or partially within a military installation's OR range's or arizona national guard site's influence area as delineated in the map prepared by the state land department pursuant to section 37-102 SUBSECTION H, PARAGRAPH 4, or the amendment or reissuance of any reservation document or conditional sales contract accepted on or before December 31, 2004, or on or before December 31, 2008 or on or before December 31, 2024.
E. Notwithstanding any other law, if the public report complies with subsection A of this section, a subdivider is not liable to any person or governmental entity for any act or failure to act in connection with the disclosure of a military training route as delineated in the military training route map or a military electronics range as delineated in the military electronics range map or the military installation OR range or arizona national guard site as delineated on the influence area mapS.
F. This section shall DOES not be construed to require a public report issued sixty or fewer days prior to BEFORE the filing of the military electronics range map or aN influence area map prepared pursuant to section 37-102 to meet the military electronics range or military installation's OR range's or arizona NATIONAL guard site's notification requirements of this section.
G. A public report issued sixty-one or more days after the filing of the military electronics range map or influence area map prepared pursuant to section 37-102 shall meet all of the requirements of subsection A of this section.
Sec. 13. Section 33-422, Arizona Revised Statutes, as amended by Laws 2019, chapter 103, section 1 and chapter 131, section 1, is amended to read:
33-422. Land divisions; recording; disclosure affidavit
A. A seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county and any subsequent seller of such a parcel shall complete and furnish a written affidavit of disclosure to the buyer at least seven days before the transfer of the property and the buyer shall acknowledge receipt of the affidavit.
B. The affidavit must be written in twelve-point type.
C. A release or waiver of a seller's liability arising out of any omission or misrepresentation contained in an affidavit of disclosure is not valid or binding on the buyer.
D. The buyer has the right to rescind the sales transaction for a period of five days after the affidavit of disclosure is furnished to the buyer.
E. The seller shall record the executed affidavit of disclosure at the same time that the deed is recorded. The county recorder is not required to verify the accuracy of any statement in the affidavit of disclosure. A subsequently recorded affidavit supersedes any previous affidavit.
F. The affidavit of disclosure shall contain all of the following DISCLOSURES, be completed by the seller, meet the requirements of section 11-480 and follow substantially the following form:
When recorded mail to:
__________________________
__________________________
__________________________
__________________________
Affidavit of Disclosure
Pursuant to A.R.S. § 33-422
I, ______________________________________________ (seller(s)) being duly sworn, hereby make this affidavit of disclosure relating to the real property situated in the unincorporated area of:
_______________________, County, State of Arizona, located at:
______________________________________________________________
and legally described as:
(Legal description attached hereto as exhibit "A")
(property).
1. There ◻ is ◻ is not . . . . legal access to the property, as defined in A.R.S. § 11-831 . . . . ◻ unknown
Explain: ____________________________________________________
______________________________________________________________
______________________________________________________________
2. There ◻ is ◻ is not . . . . physical access to the property. ◻ unknown
Explain: ____________________________________________________
______________________________________________________________
______________________________________________________________
3. There ◻ is ◻ is not . . . . a statement from a licensed surveyor or engineer available stating whether the property has physical access that is traversable by a two-wheel drive passenger motor vehicle.
4. The legal and physical access to the property ◻ is ◻ is not . . . . the same....◻ unknown ◻ not applicable.
Explain: ____________________________________________________
______________________________________________________________
______________________________________________________________
If access to the parcel is not traversable by emergency vehicles, the county and emergency service providers may not be held liable for any damages resulting from the inability to traverse the access to provide needed services.
5. The road(s) is/are ◻ publicly maintained ◻ privately maintained ◻ not maintained ◻ not applicable. If applicable, there ◻ is ◻ is not . . . . a recorded road maintenance agreement.
If the roads are not publicly maintained, it is the responsibility of the property owner(s) to maintain the roads and roads that are not improved to county standards and accepted for maintenance are not the county's responsibility.
6. A portion or all of the property ◻ is ◻ is not . . . . located in a FEMA designated regulatory floodplain. If the property is in a floodplain, it may be subject to floodplain regulation.
7. The property ◻ is ◻ is not subject to ◻ fissures or ◻ expansive soils. ◻ unknown
Explain: ____________________________________________________
______________________________________________________________
______________________________________________________________
8. The following services are currently provided to the property: ◻ water ◻ sewer ◻ electric ◻ natural gas ◻ single party telephone ◻ cable television services.
9. The property ◻ is ◻ is not . . . . served by a water supply that requires the transportation of water to the property. IF THE PROPERTY IS SERVED BY A WATER SUPPLY THAT REQUIRES THE TRANSPORTATION OF WATER TO THE PROPERTY, THE SELLER SHALL DISCLOSE THE NAME AND CONTACT INFORMATION OF THE WATER HAULER OR WATER HAULING COMPANY THAT IS CURRENTLY PROVIDING THE TRANSPORTATION SERVICES TO THE PROPERTY AND THE NAME AND LOCATION OF THE WATER SUPPLY from WHICH THE WATER IS CURRENTLY BEING TRANSPORTED.
WATER HAULER NAME: ______________ PHONE:__________
WATER SUPPLY: __________________ LOCATION:_________
10. The property is served by ◻ a private water company ◻ a municipal water provider ◻ a private well ◻ a shared well ◻ no well. If served by a shared well, the shared well ◻ is ◻ is not . . . . a public water system, as defined by the safe drinking water act (42 United States Code § 300f).
Notice to buyer: If the property is served by a well, a private water company or a municipal water provider the Arizona department of water resources may not have made a water supply determination. For more information about water supply, contact the water provider.
11. The property or the water used on the property ◻ is ◻ is not the subject of a statement of claimant for the use of water in a general adjudication of water rights. ◻ unknown.
This is a lawsuit to determine the use of and relative priority of water rights. A map of adjudicated areas is available at the website of the department of water resources.
12. The property ◻ does have ◻ does not have . . . . an on-site wastewater treatment facility (i.e., standard septic or alternative system to treat and dispose of wastewater). ◻ unknown. If applicable: a) The property ◻ will ◻ will not . . . . require installation of an on-site wastewater treatment facility; b) The on-site wastewater treatment facility ◻ has ◻ has not been inspected.
13. The property ◻ has been ◻ has not been . . . . subject to a percolation test. ◻ unknown.
Notice to buyer: If the property contains solar energy devices, it is the responsibility of the buyer to verify the proper replacement and disposal method for the devices, as applicable. If the solar energy devices are leased, the seller or property owner shall disclose the name and contact information of the leasing company.
Leasing company name: _______________ Phone: _______________
15. THE PROPERTY ◻ does have ◻ does not HAVE ONE OR MORE BATTERY ENERGY STORAGE DEVICES THAT ARE ◻ leased ◻ owned.
IF THE BATTERY ENERGY STORAGE DEVICES ARE LEASED, THE SELLER SHALL DISCLOSE THE NAME AND CONTACT INFORMATION OF THE LEASING COMPANY.
LEASING COMPANY NAME: _________________ PHONE: ____________
15. 16. The property ◻ does ◻ does not . . . . meet the minimum applicable county zoning requirements of the applicable zoning designation.
16. 17. The sale of the property ◻ does ◻ does not . . . meet the requirements of A.R.S. § 11-831 and § 32-2181 regarding land divisions. If those requirements are not met, the property owner may not be able to obtain a building permit. it is unlawful pursuant to § 11-831, subsection F and § 32-2181, subsection D for a person or group of persons to attempt to avoid the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or parcels. The county where the land division occurred or the state real estate department may investigate and ENFORCE the PROHIBITION AGAINST acting in CONCERt to UNLAWFULLY DIVIDE a PARCEL OF land into six or more lots or parcels. The seller or property owner shall disclose each of the deficiencies to the buyer.
Explain: ____________________________________________________
______________________________________________________________
______________________________________________________________
17. 18. The property ◻ is ◻ is not located in the clear zone of a military airport or ancillary military facility, as defined in A.R.S. § 28-8461. (Maps are available at the state real estate department's website.)
18. 19. The property ◻ is ◻ is not located in the high noise or accident potential zone of a military airport or ancillary military facility, as defined in A.R.S. § 28-8461. (Maps are available at the state real estate department's website.)
19. 20. Notice: If the property is located within the territory in the vicinity of a military airport or ancillary military facility, the property is required to comply with sound attenuation standards as prescribed by A.R.S. § 28-8482. (Maps are available at the state real estate department's website.)
20. 21. The property ◻ is ◻ is not located under military restricted airspace. ◻ unknown. (Maps are available at the state real estate department's website.)
21. 22. The property ◻ is ◻ is not located in a military electronics range as defined in A.R.S. § 9-500.28 and § 11-818. ◻ unknown. (Maps are available at the state real estate department's website.)
23. The property ◻ is ◻ is not located within the influence area of a military installation or range or arizona national guard site as defined in sections 9-500.50 and 11-818.01 (maps are available at the state real estate department website.)
22. 24. Use of the property ◻ is ◻ is not limited in any way relating to an encumbrance of title due to a lis pendens, a court order or a state real estate department order or a pending legal action. If the use of the property is limited due to an encumbrance of title, the seller or property owner shall disclose the limitations to the buyer.
Explain: ____________________________________________________
______________________________________________________________
______________________________________________________________
This affidavit of disclosure supersedes any previously recorded affidavit of disclosure.
I certify under penalty of perjury that the information contained in this affidavit is true, complete and correct according to my best belief and knowledge.
Dated this (date) __ day of (year) by:
Seller's name (print): ______________ Signature: _____________
Seller's name (print): ______________ Signature: _____________
State of Arizona )
) ss.
County of ___________)
Subscribed and sworn before me this _ (date) __ day of (year) , by ________________________________________.
__________________________
Notary public
My commission expires:
(date)
Buyer(s) hereby acknowledges receipt of a copy of this affidavit of disclosure this (date) day of (year)
Buyer's name (print): _______________ Signature: _____________
Buyer's name (print): _______________ Signature: _____________
G. For the purposes of this section, seller and subsequent seller do not include a trustee of a deed of trust who is selling property by a trustee's sale pursuant to chapter 6.1 of this title or any officer who is selling property by execution sale pursuant to title 12, chapter 9 and chapter 6 of this title. If the seller is a trustee of a subdivision trust as defined in section 6-801, the disclosure affidavit required by this section shall be provided by the beneficiary of the subdivision trust.
Sec. 14. Repeal
Section 33-422, Arizona Revised Statutes, as amended by Laws 2023, chapter 77, section 3, is repealed.
Sec. 15. Section 37-102, Arizona Revised Statutes, is amended to read:
37-102. State land department; powers and duties
A. The state land department shall administer all laws relating to lands owned by, belonging to and under the control of this state.
B. The department shall have charge and control of all lands owned by this state, and timber, stone, gravel and other products of such lands, except lands under the specific use and control of state institutions and the products of such lands.
C. The department, in the name of this state, may commence, prosecute and defend all actions and proceedings to protect the interest of this state in lands within this state or the proceeds of lands within this state. Actions shall be commenced and prosecuted at the request of the department by the attorney general, a county attorney or a special counsel under the direction of the attorney general.
D. The department shall be the official representative of this state in any communication between this state and the United States government in all matters respecting state lands or any interest of this state in or to the public lands within this state.
E. The summons in any action against this state respecting any lands of this state or the products of such lands and all notices concerning such lands or products shall be served on the commissioner. Summonses, warrants or legal notices served on behalf of the department may be served by the commissioner or the commissioner's deputy, or by the sheriff or a constable of any county of this state.
F. The department shall maintain as a public record in each of the department's offices a public docket and index of all matters before the department that may be subject to appeal to the board of appeals or to the courts and all sale, exchange and lease transactions subject to bidding by the public. The department shall list a matter on the public docket immediately after an application or other request for department action is received by the department. The department shall include in the public docket every formal action and decision affecting each matter in question. The department shall establish by rule a means by which any person may obtain a copy of the public docket at the current copying cost.
G. The department shall reappraise or update the department's original appraisal of property to be leased, exchanged or sold if the board of appeals' approval of the lease or sale occurred more than two hundred forty days before the auction.
H. To the extent possible, the state land department shall:
1. Prepare maps of the ancillary military facilities described in section 28-8461, paragraph 7, subdivisions (b) and (c).
2. Make a map of the ancillary military facility described in section 28-8461, paragraph 7, subdivision (a) available to the public in printed or electronic format and provide the map in printed or electronic format to the state real estate department.
3. On or before December 25, 2008 and On receipt of proper information from the military installation commander with responsibility for the military electronics range, prepare a map of the military electronics range as defined in section 9-500.28 and make that map available to the public in printed or electronic format and provide the map in printed or electronic format to the state real estate department. Within ninety days of after receipt of notice of any change in the boundaries of the military electronics range from the military installation commander, the state land department shall revise its map and provide the map to the public and to the state real estate department.
4. On or BEFORE December 31, 2024 and on receipt of proper information from the applicable military installation's and range's and arizona national guard site's commanders, prepare electronic legal descriptions and maps of the military installation and range and arizona national guard site and their respective influence areas as defined in sections 9-500.50 and 11-818.01 and provide the legal descriptions and maps to the state real estate DEPARTMENT and the public. The state land department shall make changes to the boundaries of the military installation and range and national guard site and their respective influence areas and provide them to the state real estate department and the public within ninety days after receipt of those changes from the military installation's and range's and arizona national guard site's commanders.
I. The state land department shall provide each map and the legal description of the boundaries of each ancillary military facility described in section 28-8461, paragraph 7 in electronic format to the state real estate department. Each map prepared by the state land department pursuant to this section shall:
1. Describe the ancillary military facility, the territory in the vicinity of the ancillary military facility and the high noise and accident potential zone, accident potential zone one and accident potential zone two associated with the ancillary military facility.
2. Be submitted to the county in which the ancillary military facility is located.
3. Be made available to the public.
J. The state land department shall prepare a military training route map. The map shall contain military training route numbers in this state that are used by various United States armed forces. The map shall be dated.
K. When preparing the military training route map, the state land department shall use information contained in the most current department of defense publication that is entitled "area planning military training routes for North and South America".
L. The military training route map shall be made available to the public.
M. Within ninety days after the department is notified of a change of a military training route in this state, the department shall prepare a revised military training route map. The map shall be dated and contain a statement that the map supersedes all previously dated maps. The state land department shall send the revised map to the state real estate department electronically and shall also send an accompanying letter specifying the military training route changes. The state land department shall send the revised map and an accompanying letter specifying the military training route changes to the municipalities affected by the changes and to all counties.
N. The department shall submit the military training route map prepared pursuant to this section to the counties in either an electronic or a printed format. The format shall be determined by the receiving county.
O. The state land department shall provide the legal description of the boundaries of the military training routes as delineated in the military training route map to the state real estate department in electronic format.
P. The state land department shall prepare a military restricted airspace map. The map shall contain military restricted airspace in this state that is used by various United States armed forces. The map shall be dated.
Q. When preparing the military restricted airspace map, the state land department shall use information contained in the most current department of transportation publication that is entitled "aeronautical chart".
R. The military restricted airspace map shall be made available in printed or electronic format to the public at the state land department and at the state real estate department.
S. Within ninety days after the department is notified of a change of military restricted airspace in this state, the department shall prepare a revised military restricted airspace map. The map shall be dated and contain a statement that the map supersedes all previously dated maps. The state land department shall send the revised map to the state real estate department electronically and shall also send an accompanying letter specifying the military restricted airspace changes. The state land department shall send the revised map and an accompanying letter specifying the military restricted airspace changes to the municipalities affected by the changes and to all counties.
T. The department shall submit the military restricted airspace map prepared pursuant to this section to the counties in either an electronic or a printed format. The format shall be determined by the receiving county.
U. The state land department shall provide the legal description of the boundaries of the military restricted airspace as delineated in the military restricted airspace map to the state real estate department in electronic format.
V. The department may accept title to and manage real estate, property rights and related infrastructure acquired pursuant to section 26-262, subsection K for preserving or enhancing military installations in this state.
APPROVED BY THE GOVERNOR MARCH 29, 2024.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 29, 2024.
