Arizona Development Agreement Statute

• Author: David L. Callies/Daniel J. Curtin Jr./Julie A. Tappendorf
• Pages: 237-238

IX. ARIZONA DEVELOPMENT AGREEMENT STATUTE

9-500.05. Development agreements; public safety; definitions

A. A municipality, by resolution or ordinance, may enter into development

agreements relating to property in the municipality and to property located out-

side the incorporated area of the municipality.If the development agreement re-

lates to property located outside the incorporated area of the municipality, the

development agreement does not become operative unless annexation pro-

ceedings to annex the property to the municipality are completed within the pe-

riod of time specified by the development agreement or any extension of such

time.

B. A development agreement shall be consistent with the municipality’s gen-

eral plan or specific plan, if any, as defined in section 9-461, applicable to the

property on the date the development agreement is executed.

C. Adevelopment agreement may be amended, or cancelled in whole or in part,

by mutual consent of the parties to the development agreement or by their suc-

cessors in interest or assigns.

D. No later than ten days after a municipality enters into a development agree-

ment, the municipality shall record a copy of the agreement with the county re-

corder of the county in which the property subject to the development agree-

ment is located, and the recordation constitutes notice of the development

agreement to all persons. The burdens of the development agreement are bind-

ing on, and the benefits of the development agreement inure to, the parties to the

agreement and to all their successors in interest and assigns.

E. Section 32-2181 does not apply to development agreements under this

section.

F. Notwithstanding any other law, a municipality may provide by resolution or

ordinance for public safety purposes, and with the written consent of an owner

of property that has been granted a development agreement pursuant to this sec-

tion, an owner of a protected development right pursuant to chapter 11 of this ti-

tle or the owner of any other residential or commercial development subject to

the supervision of a municipality pursuant to this title, for the application and

enforcement of speed limits, vehicle weight restrictions or other safety mea-

sures on a private road that is located in any development in the municipality

and that is open to and used by the public. A municipality may require payment

from the property owner of the actual cost of signs for speed limits or other re-

strictions applicable on the private road, before their installation.

G. In this section, unless the context otherwise requires:

1. “Development agreement” means an agreement between a municipality

and a community facilities district pursuant to section 48-709, subsection C, a

landowner or any other person having an interest in real property that may spec-

ify or otherwise relate to any of the following:

(a) The duration of the development agreement.

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

(c) The density and intensity of uses and the maximum height and size of

proposed buildings within such property.

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APPENDICES