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ARIZONA STATE SENATE
RESEARCH STAFF
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JAMES F. KEANE LEGISLATIVE RESEARCH ANALYST GOVERNMENT COMMITTEE Telephone: (602) 542-3171 Facsimile: (602) 542-7833 |
GOVERNMENT COMMITTEE
DATE: February 26, 2001
SUBJECT: Strike Everything
Amendment to S.B. 1547
Provisions
1. Deems a protected development right established on the effective date of a valid municipal or county resolution or ordinance approving or conditionally approving a development plan. Removes establishment on the effective date of a valid approval of a protected development right plan.
2. Provides that an application for approval of a development right plan, as well as the approval, conditional approval or denial of approval of a development plan, must be governed only by the zoning regulations in effect at the time the application is submitted to a municipality or county.
3. Prohibits municipalities and counties from enforcing any legislative or administrative zoning regulation when a protected development right has been established that would change, alter, impair, diminish or delay the development of the property, except with written consent of the landowner, if a health hazard exists, if the landowner falsified information in getting the protected development right or on enactment of a state or federal law that precludes development.
4. Stipulates that an overlay zone classification may impose additional requirements on a developer as long as those requirements are consistent with the terms and conditions of any previously approved protected development right plan.
5. Stipulates that protected development rights do not preclude a municipality or county from assessing development fees.
6. Requires an approved final subdivision plat to be a protected development right plan.
7. Stipulates that for protected development rights, zoning regulations include any zoning or development regulations of general applicability as well as any zoning or development regulations that have been adopted for the property that is subject of the application within the five year period preceding the application and that remain in effect at the time of application.
8. Requires an application for approval of protected development right plans to describe:
a. the proposed uses and boundaries of the site.
b. significant topographical and other natural features affecting the development of the site.
c. the density and intensity of the proposed uses of the site.
d. the location of all existing utilities and other public infrastructure in relationship to the site, including water, sewers and roads.
9. Stipulates that protected development right laws do not affect the right of a municipality or county to require submission of a more detailed plan for each phase of a phased development in order to obtain final development approval to develop each phase of the development.
10. Requires the period of time over which a property has a protected development right be determined by the municipality or county at the time the plan is approved and be noted on the plan.
11. Establishes the minimum period and maximum period of a protected development right plan as:
a. a minimum of three years and a maximum of five years for a nonphased development or plan.
b. a minimum of five years and a maximum of ten years for a phased development plan for property of 100 gross acres or less.
c. a minimum of ten years and a maximum of 20 years for a phased development plan for property of more than 100 gross acres.
12. Allows municipalities and counties to extend the duration of a protected development right of a nonphased protective development plan for a maximum of two years and of a phased protective development plan for ten additional years as long as the period does not exceed the maximum allowed period.
13. Allows a municipality or county to revoke the protected development right for failure to comply with applicable terms and conditions. Removes ability to revoke approval of the plan.
14. Allows the protected development right of a nonphased development that has had a building permit issued before the termination of the protected development right to remain valid until the building permit expires or one year, whichever is earlier. Stipulates that the principal structures of a nonphased development for which footings or foundations have been completed may be finished under the protected development right after expiration of the building permit.
15. Stipulates that laws relating to a protected development right are not intended to modify or impair protected development rights that may have accrued to any phased development by operation of law or otherwise.
16. Specifies that the phasing of the development on the property is a circumstance warranting an extension of a plan, if applicable.
17. Removes ability of a municipality or county to allow a phased development plan to be designated as a protected development right if the plan indicates the type and intensity of uses for each development parcel within the project.
18. Removes ability of a municipality or county to allow an incomplete plat to be designated as a protective development right.
19. Removes requirement that a protected development right plan contain specified elements.
20. Removes requirement that a municipality or county electing to exercise authority for protected development rights must specify by ordinance or resolution which types of plans constitute protected development rights.
21. Prescribes definitions.
22. Provides for a general effective date.
JFK/jas